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2012-085ORDINANCE NO. 2012-OgS AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE HICKORY STREET SIDEWALK AND ENHANCEMENTS PROJECT FOR THE DOWNTOWN AREA; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4800-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, 2L CONSTRUCTION LLC, IN THE AMOUNT OF $404,269.15). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public worlcs or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER 4800 CONTRACTOR 2L Construction LLC AMOUNT $404,269.15 SECTION 2. 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 suchperson shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4800 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. ff2 ' PASSED AND APPROVED this the �% ` day of , 2012. , M � A. URROUGH , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY , BY: � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �� �, 3-ORD-B' 4800 6" CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § �� 1 s���l THIS AGREEMENT, made and entered into this 17 day of April A.D., 2012, by and between City of Denton of the County of Denton and State of Texas, acting through Geor�e C. Campbell thereunto duly authorized so to do, hereinafter tertned "OWNER," and 2L Construction LLC PO Box 397 Rhome TX 76078 of the City of Rhome, County of Tarrant, State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to corrmmence and complete performance of the work specified below: Bid 4800- Hickory Street Sidewalks and Enhancements in the amount of $404,269.15 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Condifions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanat�ry matter thereof, and the Specifications therefore, as prepared by: City staff and Jacobs En ing eerin� all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 ar 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 here�nder 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage andlor personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, ernployees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 sha111ie 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 ar 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit fmdings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request.. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereo£ Each of the terms "books" "records" "docurnents" and "other evidence" as used above shall be construed to , > > , include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate ar prepare a final printed document. CA - 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ���.�- �`.� APPROVED AS TO FORM: BY: .ic! / A BURGESS, CI ATT RNEY �� CA-4 (5��,) o� L l o� s-f��.�t�o � L-L.G CONTRACTOR �. D . 3 ax 3 � � � 1-L.a w� e, Tx �" G o�$ ,. MAILING ADDRESS D ) �f '� 3 - �..G �-o PHONE NUMBER [ �1 �f � ) �) 3 3 - �,.I �.o FAX N BER 1 � � ��•� BY: AUTHORI IGNAT L�o,�.r�-,Y.k. L.co►•�...rd.o, P�`�r�-�- PRINTED NAME, TITLE (SEAL) PERFORMANCE BOND Bond No . s408381 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That 2L Construction LLC'�vhose address is PO Box 397 Rhome, TX /76078 hereinafter called Principal, and Employers Mutual Casualty Company✓ , a corporation arganized and existing under the laws of the State of Iowa , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Own r, in the penal sum of Four Hundred Four Thousand Two Hundred Six Nine and 15/100�OLLARS ($404,269.15 plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2012-085, with the City of Denton, the Owner, dated the 17 day of April A.D. 2012,�r Bid #4800-Hickory Street Sidewalks and Enhancernents � NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreernents of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall rernain in full force and effect. .� PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copi , each one of which shall be deemed an original, this the 17th day of April , 2012 �• ATTEST: BY: ��_ � � SECRETARY ATTEST: BY: =��V�O� . �� • . 2L Construction LLC � � �, � BY: P IDENT SURETY Employers Mutual C ualty Compan� BY: i��, .� �/��l.l_�� ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: Np,ME; Charles K. Miller c/o Southwest Assurance Group, Inc. STREET ADDRESS: 2350 Airport Frwy. , Suire 202, Bedford, TX 76022 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) I�C ��jb)`�7 ����� PAYMENT BOND Bond No. s4oS381 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That 2L Construction LLC�whose address is PO Box 397 Rhome, T� 76078 hereinafter called Principal, and Employers Mutual Casualty Company✓a corporation organized and existing under the laws of the State of . Iowa , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation arganized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corparations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Four Hundred Four Thousand Two hundred Sixty Nine and 15/100 DOLLAR�404,269.1 m lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executars, adrninistrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Connact, identified by Ordinance Numbey 2012-085, with the City of Denton, the Owner, dated the 17th day of April A.D. 2012✓for Bid #4800-Hickorv Street Sidewalks and Enhancements� NOW, THEREFORE, if the Principal shall well, truly and faithfu.11y perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and clairnants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spec�cations, Drawings, etc., accompanying the same, shall in anywise 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, ar to the Work to be performed thereunder, ar to the Plans, Specifications, Drawings, etc. .� This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. � IN WITNESS WHEREOF, this instrurnent is executed in four cop' s, each one of which shall be deemed an original, this the 17th day of April , 2012 , ATTEST: B Y: ���.--.-�. /�.�.�° SECRETARY ATTEST: BY: � PRINCIPAL 2L Construction LLC BY: PRESIDENT SURETY / Employers Mutual Casualty Company BY: �,,Y�, �C /�� _ ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Charles K. Miller c/o Southwest Assurance Group, Inc. STREET ADDRESS: 2350 Airport Frwy. , Suite 202, Bedford, TX 76022 (NOTE: Date of Payment Bond mx�st be date of Contract. If Resident Agent is not a corporatzon, give a person's name.) � •; . � u� 5���`� � /EMCInsurance Companies� No. 988412 P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an lowa Corporation ✓ 2. EMCASCO Insurance Company, an lowa Corporation 3. Union Insurance Company of Providence, an lowa Corporation 4. Illinois EMCASCO Insurance Company, an lowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation EMC Propetty & Casualty Company, an lowa Corporation Hamilton Mutual Insurance Company, an lowa Corporation hereinafter referred to severally as "Company' aryd'collectively as "Companies", each does, by ihese presents, make, constitute and appoint: SHANNON LEWIS, CHARLES K. MILLERy,�TEVE RICKENBACHER, DAVID C. OXFORD, CLINTON NORRIS, SHERREL M. BREAZEALE, SOPHINIE HUNTER, STEVEN J. ZINECKER, PEGGY G. HOGAN, SHERI R. ALLEN, BRET TOMLINSON its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: Any and all bonds antl to bind each Company ihereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2014 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authoriry of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeiing of each company duly called and held in 1999: RE50LVED: The President and Chief Executive O�cer, any Vice President, the Treasurer and the 5ecretary of Employers Mutuai Casualty Company shall have power and authority to (1) appoint attorneys-in-fact and authorize them to execute on behalf of each .Company and attach the seal of the Company thereto, bonds and undeRakings, recognizances, contracts of indemniry and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attorneys-in-fact shall have power antl authority; subject to the terms and limitations of the power-0f-attorney issuetl to them, to execute and deliver on behalf of the Company, and to attach the.seai offhe Company #hereto; bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-0f-attorney authorized herein made.by an officer of Employers Mutual Casualry Company shall be fully antl in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually a�xed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 18th day of FEBRUARY 2011 � Seais � ������' % i�r' ;/ ;.PSCp;NSUq„'�, ``��oMVqNF, ;��P;Y a;�qs,; Bruce G. Kelley, hairman Michael Freel : V ` � POfl ;LC � : C� i � PPIJq ��i O : : Q ` PPOfl �. G : ;�; oP q, -. F= o q o qr , of Companies 2, 3, 4, 5& 6; President Assistant Vice Presidentl yi � G cr � Ci % - C: 4 m: t � � p: G a� 9. = � = 3 - � ? � a = - a - =1953 ; <= of Company 1; Vice Chairman and Assistant Secretary : Z: S EA L; n; ; Z; 1863 ; o:_ �: CEO of Company 7 ��; ��� IOWA �_ -�% `r�. � �f,�OWA`i� . ` .O`;�SURANCF'�',. ��G`` PPOliyr� �p'_ =w: SEAL =<= ' � IoWA,* • + �/�n , • 1�?��p . ; '��NSl1Rq'�''. � ,�t� `� PPORy ECFCQ : :�� �` , �: :o; SEAL =Y= �• ��ATH'DAK�SP• : d�. �.0; ' 1pyVA ` : ��pU;UAC ��'� � �4,Q'�:�ppPORq ��5��: �o; =�_ _�; SEAL;o_ y �o�SMo1NE5.�ovP�` Muruq i vo��lfTUq! �9 _ ,�+�'' m �.�''� `'�� LAUREL A. BL055 �FJ, �AN�k. A� �: Commission Number 183662 2Jp�N�s 1�.Z1Q' � My Comm. Exp. Mar13, 20i 4 On this 18th dayof FEBRUARY AD 2011 before me a Noiary Pubiic in and forthe State of lowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, andlor Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority oftheir respective Boards of Directors; and that ihe said Bruce G. Kelley and Michaei Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. ��/�-i_Q f����'`��-/d�J Notary Public in and for the Stafe of lowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do I�ereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, antl this Power of Attorney issued pursuant thereto on FEBRUARY 1�, 2011 on behalf of: SHANNON LEWIS, CHARLES K. MILLER, STEVE RICKENBACHER, DAVID C. OXFORD, C NTON NORRIS, SHERREL M. BREAZEALE, SOPHINIE HUNTER, STEVEN J. ZINECKER, PEGGY G. HOGAN, SHERI R. ALLEN, BRET TOMLINSON are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of eachCompanythis 17thdayof April , 2012 . Vice Presideni �u�� Sn � i , .�• � �. � �� :: _ ,�, - - , ` TO OBTAIN INFQRMATION OR MAKE A COMPLAINT: You ma.y contact Employers Mutual Casualty Company, Union Insurance of Providence, and/or EMCASCO lnsurance Company for information or to make a complaint at: Employers Mutual Casualty Company Attn: Surety Claims P.O. Box 712 Des Moines, 1A 50303 (5y 5) 280-2689 (515) 280-2994 Fax You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800j 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice.is for information only and does noi become a part or a condition of the attached document and is given to comply with Section 2253-048, Government Code, and Section 53.202, Pro�erty Code, effective Se�tember 1, 2001. 7209 A�'`� � DATE (MMIDD/YYYY) �,� � CERTIFICATE OF LIABILITY INSURANCE 4i2,i2o12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT 6ETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Shannon L2W].S NA M E: Southwest Assurance Group, IriC. PHONN Ex�, (g17) 329-7007 A�� Na; (817)329-7011 2350 Airport Frwy., Suite 202 nooR�ess:slewis@southwestassurance.com Bedford, TX 76022 CRODUCER ,0OOO4iZ4 INSURED 2L Construction, LLC ✓ P.O. Box 397 Rhome, TX 76078 ���� S��` � :Bituminous Casual �: E NAIC # COVERAGES CERTIFICATE NUMBER:10/11 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VSR ADDL SUBR � POLICY EFF POLICY EXP _TR TYPE OF INSURANCE INSR W\'D POLICY NUMBER ;(MMI�D/YYYYI IMM/DD/YYYYI / LIMITS j� GENERAL LIABILITY —� LP3554653 06/07/2011 06/07/201 EACH OCCURRENCE ;$ 1� D00 � D� X COMMERCIAL GENERAL LIABILITY� CLAIMS-MA�E a OCCUR � X Contractual Liability,� X XCU Included GEN'L AGGREGATE LIMIT APPLIES PER: A AUTOMOBILELIABILITYL X ANY AUTO �/ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS A �UMBRELLA LIAB I EXCESS LIAB DEDUCTIBLE OCCUR CLAIMS-MADE ME� EXP (Any ane person) PERSONAL & ADV INJURY GENERALAGGREGATE PRODUC'iS - COMP/OP AGG $ $ $ 554655 06/07/2011 06/07/2012 OMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accidenl) $ PROPERTY DAMAGE $ (Per accident) $ $ 589820 06/07/2011 06/07/2012 EACH OCCURRENCE $ AGGREGA7E �$ � $ A WORKERS COMPENSATION ✓ �JC3554654 AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNERlEXECUTIVE ❑ OFFICER/MEMBER EXCWDED7 N I A (Mandatory in NH) If ves. describe under I 07/2011�06/07/201 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ EL DISEASE - POLICY LIMIT $ ioo,000 5,000 1,000,000 2,000,000 2,000,000 i,000,000 2,000,000 2,000,000 1 DESCRIPTION OF OPERATIONS ! LOCATIONS! VEHICLES (Attach ACORD 101, AddlQonal Remarks Schedule, if more space is �equired) Re: Hickory St=eet Sidewalks; City o£ Denton, its of£icials, agents, employees and vo].aizteers are named as -'�'���^-� insureda �a the ge ral liabi i licies as required by written contract.��overage is primary & no�tributory' Worcers compensation policy�ncludes a waiver of subrogation in £avor o£ City of Denton, its oificials, agents, employees and volunteers✓ CERTIFICATE HOLDER CANCELLATIaN (940)349-7302 City of Denton c/ 901-B Texas St. Denton, TX 76209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ✓ Charlie Miller/SHANON �/� J�• ���<-'�-��� ACORD 25 (2009/09) O 7988-2009 ACORD CORPORATION. All rights reserved. INS025 �zoosos� The ACORD name and logo are registered marks of ACORD 1 I CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Birlder's attention is directed to the insurance requirements below. It is highly recommended that bzdders confer with their respective insurance carriers or brokers to c�etermine in adv�rnce of Bid submission the availability of insurance certificates ancl endorsements as prescribe�l and provided herein. If c�n apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualifie�l from awt�rd of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidcler shc�ll have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without Zimiting 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, Owne�-, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notifrcation 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 Pu�chasing 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 uniil he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance polzcies 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, o� longer, if so noted • • Each policy sha11 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- VII or better. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and_ volunteers; or, the contractar sha11 procure a bond guaranteeing payrnent 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. CI-9 • 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. • Cancellation: The City requzres 30 day written notice should any of the policies deseribed on the certificate be cancelled o� materially changetl before the expiration date. • Should any of the required insurance be provided under a clairns-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 ar obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests far 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, tern�inate this agreement effective on the date of the lapse. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposecl or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in complinnce with these ac�ditional specificaiions throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The 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 0041 current edition) is used: • Coverage A sha11 include prernises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it sha11 include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and properly damage resulting from explosion, collapse or underground (XCL� exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. CI - 11 [X] Workers' Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for a�y work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Warker's Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] 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. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the preinises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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 - 13 ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A�. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's ar entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been cornpleted and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or rnaterials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the proj ect, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide tb the governmental entity: CI - 14 1) a certificate of coverage, prior to that person begiru�ing work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the proj ect; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duratiori of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the proj ect. . H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractar shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractar, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all ernployees of the person providing services on the proj ect, for the duration of the proj ect; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; CI - 15 5) retain all required certific.ates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By si�ning this contract or providing ar causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the cornmission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract v�id if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other erson doin business with local overnmental entit This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not la#er than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 � Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7"' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government ofFicer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government o�cer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes � No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 1 D percent or more? 0 Yes 0 No D, Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 0 612 9/2 0 0 7 PROPOSAL BID No. �8�� TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF HICKORY STREET SIDEWALI�S IN DENTON,TEXAS � The undersigned, as bidder, declares that the only person or parties interested in tlus proposal as principals are those named herein, that this proposal is made without collusion with arry other person, fitm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein refenred to, and has carefully� examined the locations, conditions, and classes of materials of the proposed worlc and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and fuinish all the materials called for in the contract and specificafions in the manner prescribed herein and according to the requirements of the City.as therein set forth. It is understood that the following quantities of work to Ue done at unit prices are approximate only, and ase intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numenc pnce grven. It is further agreed that lump sum prices mary be increased to cover additional work ordered by the Ciiy, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Sirnilarly, they may be decreased to cover delehon of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. Accompanying this proposal is a certifted or casluer's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal sfiall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a pertormance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: JACOBS FSW83400 P -1 27 January 2012 Hickory Street Sidewallcs Specifica�ions ' � 0 JACOBS F8W8340� P - 2 27 January 2012 Hickory Street Sidewallcs Specifications Bid bocuments for eid No. asoo Hickory Street Enhancements B1D FdRM January 27, 2012 Hickory 5treet 5idewalks 'Indicates "Approximate Quantities" and ls for inFormational purposes only, The Convactor shall be responsible For verificatlon oFquantities and bill each "Approxfmate quan[iry" item on a lump sum basis. BID UNIi PRICE ITEM EST.QN BID QN UNIT ITEM DESCR1PilON (Numerical) UNIT PRICE (INRITTEfN TOTAL 1 Y LS Gene7al co�dltions Cons[Ndion Menegement per Div 01 of SpeGFCaUOns. yf-_ I� Tobechergedon�apercentegecompletebesls. ��„��p001,B ��` � 'S � ���� �; ��� .� /t/ a IP 2 520 SY Demo of exisling asphah paving Indudes demolition, removal and � w� r� � t p�KS !� � � dlsposal�of existing asphal[ paving and wbbase, per plans; Complets and in � l�� d?J C % � D, J� placefor: �,`( �f0 C`�-S ��/ �� 3 1 LS Removal of existing landscape and irrigation Includes removal and G f-t,p .3 a dlsposal of existJng vege[etion per plans. Complete and In plece For, �S �1 o a. oa �,� �gm a�.rs .�d �r1 o c.r �-s i 4 720 LF Removal of existing concrete curbs Includas demolltlon, removal, and y� � p 4� �� y,�,,,/� � tlisposal ef existing concrece curbs. Comple[e entl In plece for: .Q g_� 0 [.� C �' �..f- c� �� 3� q 6 0. o 5 1 LS Demofllion of CIIY Amenllies Includes disassembly, deconstrucUon, or �-v-r9 � C„� dy G ...•.Z(1� demolition and remwal/dispasal cf �cisting planters end stree[ fights per plans. �, S� D, (� p ,/� ��� � � J � Q,.� � ��eQ 0 e�% Compieteend In pleceFOr: � ��'VC.� �j rr✓� /-V O Gh•Y ' � �� � 6 750 SF Demolition Existing Sidewalks and Concrete Paving Inuudes �/( !// demoli[ion, removal, and dispnsal of exisUng conaete end paversidewalks; � r �'� b"�" �� y� "� � !I P� cnnaece parlting lo[ paving and entrances, and au associetetl sibbase, per `` L � ��'�' D plans. Comple[e and In place for: s L�V� ( �t.✓'' ` � i 7 4 EA Demolition of Exising Storm Drains Indudes demoiitlon, remwal and vy, ,.. ..� r,G disposal of all ebsting inlets, pipes, fittings as required per plans. Comple[e and ��� � Q a � � / ��� 6 QQ , (� In place for. . Li O � �c/7' [�, (, �� Q��i ) � 8 6 EA Exising Street Slgns Indutles tlisassembly/deconstrucUon, storage and Q J ��,� � c� �i r.,L .�,�,, / L reasemblylinstellation of �cLsting sveetsigns as needed. InstalleUon of new sgns � 2 � shall be in eccordance with Clty of Oenton S[andards Complete entl In place for. J� • � S��„r 5� �� �` /_ �J �� q�d ,� �'!r �f9 1 9 J L$ Trafflc Conlrol Includes placamen[and mein[enence oF Barrels, sgns. „` s.y +� � lyG lti� merkfngs, e[a fordureuon of construdlon as required per plans. Complete and 3(� e6,�Q � �� D• a In place for. � '�p � .� ) h�✓�, ,� f � G �j , , � / " i, 10 1 LS Erosion Conlrol Includes con5ruction and maintenance of eresion control/sil[ yr� d�f..[�w"r VZ .1 �� //�� fencingForduretionofcon9ructirnasrequiredperSWPPP.Comple[eendln ��4��.�� �� placefor. �� ��J �7 � �� Ci�5�.J4'S � Bid Documents for Hickory Street Enhancements Bid No. 4800 BI� UNIi PRICE ITEM EST.QiY BID QN UNIT ITEM DESCRIPiION (Numericalj UNIT PRICE (WRITTEI1p TOTAL 77 12 EA Trees Plantlng ins[ellation o( 3-4" celipar�ade treas in treewells as required pe ��..�t 4.+��rr �L.•�► !� � � � plen and spe6, rootberrier by deep root UB 36-2, tree stekes by tree Aake �� D � � f� �� 1 � y 0 � '� solutlons comple[e Planted and guaranteed for. �r aD C(�.r� w,� �D C�j � � 12 1 LS IrtigaGon Tum-key installetlon oF irtigeUon system es required per plans; lndud � �`� K�s �j � conV011er programming, complete system tast, powersupply end connectlons � {A� and commissioning. Comple[e and in plece for a �{ l� �� a �� j��DO4.0 �j�dSo►��U G� � � 73 3,632 � SF Concrete PaverSidewalk ConstructlonofConaetePaverSldewalk; J � ����� �� Reinforced Concre[e wbbase, sand seUing bed, placement of concre[e pevers d ��, �� In pa[tems per plan, end swept-In elastomericsand; Complete and in place for: � B� ��% �`f 3 , �� c�� �t%7 c *� � 4 8 EA Barrier Free Ramps IndudesLUm-key installation of dowels, reinforced j/ � 1► w %=� concrete, wncated dome pavers, elas[omeric send; Complete antl in place for: �� �S/ •C�l% � � 6/ ���, � �� ���� �.5 a.� �%e � �. 15 10,182 SF 5' Concre[e �dewalk ConstrucUon o�conaetesidewalks; lncludes � T �O + ,/r � ` �(� ,�..5 i,/� � � � � G � _�O ranforced �ncrete, subbase, exparuion join[s, sawcut conVOljoints, e[c.; ), `f'" Complete end in place for � G(,..J�� I � 16 1,163 SF 9"ConcreteSidewalk Constn�alonofconcretesidewalksinvehicular � ` � /' ^ jy� � driveways; Vlcludes�dnfo�c�ed concrete, subbase, expensionJoints,sewcu[ � � , �-5 � � J /_ ; � :� q t{�_ ?-S convoi jolnrs, ecc.; Complete and In place ror; .�.�dy�ll+ �4/Q G.Gti.'+� I� � 77 905 LF SubsuliaceDralnage Conswafonofunderdralnsfor[reewells/Plen[ers; .� �� � j�y �� � includesdrainpipe,perforateddralnpipe,fittings,connections.coredrillingat �. S� � 3����� C7 � inlets,e[c.;Completeandinplecefor: M ,�% .�.� L� ;I il '18 12 EA PaVer Grales Constructlon of Tree well pevergretes: indudes�eel freme, ,�� ��� ��. .✓� (� � i attachementry�em end fasteners, concrete pavers, Complete and In place for: ��� � OO� D� �� /�l^ � ����{�O�d. � .�(/ �.� G 19 1 EA Resel Pavef Grale Conswaion of Tree well paver gratas Convactor shall j�.�,.� reuse nxisting grate end frame upon field verificatlon. If needed include steel �� S A• 1%� '� `� �� �� � i� /� frame, aUach�nentsystem and fas[enea, concrete pavers; Comple[e and In �.�� � �^ � � '�f ��• piece far: o L 20 2,407 SF Gravel Piecementofgravetasintlicatedon[heplans;lndudashauling, f„��d (�S�.v1 ' delivery, plecement of grevel, compectlon, etc; Comple[e end in plece for. � Q � 6�� Si� � � , � �� 21 5 LF Small retalning Wall Con¢NCtion cf cas[-in-place cmcrete retaining wall a �yf� y entry of huilding to improve dreinage. Includes reinforcemenL concrete, finish �� � O�. � p � K'� �`� � L� ""- � rs '"� S Ej, 0, per plan; Complete and in place for: �� �O � ; Bid Documents for Hickory 5treet Enhancements Bid No._4800 eio UIVIT PR10E ITEM EST.QN BID QiY UNIT ITEM DESCRIPTION (Numerical) UNIT PRICE (WRITTEf� TOTAL 22 4,710 � LF SiflPln9 Roedway Rriping; includes spedfed striping ma[eriel end color, layout %� and placemen4 Strlping shall 6e done in accordancewith the City of Denton � ���� �`� �� � M&5 series of Stendards and Specficatlons held by the Ciry of Denton Englneerin �. _� i '/ Department. Complete and in place for: � �:.�� ,st/V�^'� �� � � DI ��� G� 23 6 EA Pedestrian Signals Installatlon of pedesuian slgnelling at Intersectlons; turn- � d.�4w3 �,�,� ��Z►�% � key instelletlon to Indude: pedestdan slgnaLs, push buttons condui[, wlring, bodng � ! required boring, mounting, commissioning; Complete end In place for: �2pO .DD ��, n a 1��� d s G� y 3� / Z I Q� '0 C7 � n�. � /t%O L,G� � � � 24 7� LS UIIGIIes bOReS Resetting all uCiGty baxes within projec[ limi[s; includes me[er J �O � f ,�,(,�y.� M.� Q y� K bcaes, velve boxes, etc.; Complete and in plece for: k� c�� r�,o .� a�� C�✓� ��1 ��� 1 � O ..ir � /V � cr /�L� � r r 25 14 EA Slreet Lights To include all poles, light fixtures, wiring, condui[, �� �^.� R power connectlons, meter boxes, ground boxes boxes, etc.; ������'9 ��,�I�,�� �0%. t��.�QLG� ������„�B pa Com lete and in lace for: "ir/ 26 3 EA Decorative Concrete Planters, To include but not limited to a� � s��,,.� (,� �,,�,� ' purchase delivery, installtion, connection to subsurace drains, � 9'�Q(tj, fL �� !�� t QO. "a connectlon to irrigatlon, seals, drainage materlal, soll and �� 1 Q%/�� �� fJ C� � � seasonal color. (9 'i .JUD j � 27 3 EA BeflChes. BEf1Ch25 as indica[ed in spec�cations. Comple[e and in plece � y�� �L.Q.+S For. rl�.D�.�b 11 Q/(..1 S/4/� � .p� '� 3� �a�0. CY. ,GJ,.�r� 28 3 EA Trash Recep[acles. Dumor Receptecle as indicated In specifcatlons. ``0 � Da Q,� ,� �i(,� �,�, .`t J�+o �^.�.�%IL� �/ �O Camplateantllnplecefor; ( �p���3� �/� C� � �`I'/ d�0 ��c /r/ Bid Doeuments for Hickory Street Enhancemenis ITEM EST.QTY BID QTY UNIT ITEM DESCRIPTION (Numerical) 29 1,250 LF New Curba. To include but not limlted to subbese, formwonc relnforcing, eerthwoAc, concrete, e[c. Complete and in place for: ,��� � 30 275 SY New Asphalt in road and Parking. To Include bu[ no[ limited [o ��D .Q O subbese, earthwork. Asphelt eta Complete end in plece Fa: 31 6 EA New Inlels and Junction Box. To include but no[ limited to subbase. eerthwork. inletr, manhole covers, eta Complete and in plece for, �� 3��� m� 32 220 LF RCP Pipe and End Treatment for Storm Drains. Include , excava[ion, concrete, trench protection, connections, � D,m � ins ectlon, etc Com lete and in lace For: 33 56 SY Reinforced Concrete PavemenL Include excava[lon, concrete, (� connec[ions, ADA compliance Inspection, etc Complete and �� , D� in lace for: 34 300 SY Lime Treated Subgrade. Include placement, incorpora[ion, � S, � o compaction, curing, inspectlon, etc. Complete and In place UNIT PRICE (WRITTEIUj s.� °� o .�s �1� �0 C �3 L � �,e ��s-C � �.- L O C �-� fi�� ���� ��� �/r'3 �r-� /✓V �/�s �� ��.O �l�. 5 � �� Ir� a,p d r�.� �vi G,.,�-s ��L � d9' � �s Na �� Bid No. 4800 TOTAL �i.(i�sD va � �„�� po .%�c'� �[��� (pd.&� � �� �oo. a � � goo. a , (,�ylb p , 6 , (Unit prices are shown in bath words and figures. In case of discrepancy, the unit price in wnrds will govem. Prices listed above are the only compensation to be made. All items of work required to complete the work as shown in the plans and as specified which are not listed as a pay item in this proposal are considered subsidiary to the items listed and the cast of the su6sidiarywork should 6e included therein.) TOTAL BASE BID AMOUNT' $—y, p a- 3 n�� _( S� �.. 'AMOUNT SHOWN TO INCLUDE ALL BASE 61D IiEMS, ANV ITEMS NOT SPECIFICALLY IDENTIFIE� AND SHOWN ON THE PLANS SHALL BE CONSIDERED SUBSIDARY TO THE OVERALL CONSTRUCTION OF THE PROJECT AND SHALL NOT BE PAID FOR �IRECTLY. Total Contract length �D �YS , v,��'fC� i 1� I • • TOTAL BASE BID PRICE IN WORDS ��� ��t (/' � d`L � `�T� "`� ` ,�, � s �5�, �'� `k' �„� p b` `' ,.` d r � � � �� �.� - �1 f n� � �f ' �I !�/.'� �� -�-�-(�C G v� l� ,,,.s�5 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 gua.rantee 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 fuushed in accordance with the plaaLS 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 iinal. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becornes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Coin. Code, Section 15.Q1, et se . JACOBS FSW83400 P - 3 27 January 2012 Hickory Street Sidewalks Specifications Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated 3�%%�-% I'�- Received ��` — Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received '�.. �. Lo w 5�"J' w.c.�` r-ov� �L L corrrxacTOx �� ^ � � \ � BY � � � �� :� �• �� ,, - , �. �ow.m,��,rc. �co �� d��� �►��5 �.�.� �•d-�� 3 K� Street Address IZln.fi,�t� Tx �GC7�`+� City and State Seal & Authorization �� y 0) y �� - (If a Corporation) 33 - b � i Telephone , JACOBS FSW8340� P - 4 27 7anuary 2012 Hickory Street Sidewalks Speci�ications VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bi11 620 relative to the awatd of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whase corporate offices or principal place of business are otrtside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest TeYas resident bidder by the same amount that a Texas resident bidder would� be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so wi11 automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the sta,tute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of TeYas: � BIDDER: �, L ������ ��G�� COI� ANY \ �� �-- � � ) BY �_ ., ;� , � � I _ . � � —�— , � , , � G �" - _, l70 � m.+�c. Lw �...�� P��s, �" P.c�.3o� ��(� Street Address �� . �x �o � City and State THIS FO1tM MUST BE RETURNED WITH YOUR BID. JACOBS F8W83400 P - 5 27 January 2012 Hickory Street Sidewalks Specifications � � � Purchasing Department 901-B Texas St. _ Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #1 3/23/2012 : • '� i�� For Hickorv Street Sidewalks B1 DS DU E: March 29, 2012 2:00 P. M. Bid submitted by: � � �a �-S i-r ��-e�n. � L G Company Name � BID #4800 ADDENDUM #1 Addendum #'I to be returned with Bid Proposal Please see the attached two pages for changes and clarifications to the bid specifications: NO OTHER CHANGES AT THIS TIME. Tlars form shall he signed and returned witlz your bid Name: ,-__ o v,..� i�n � tn,•�c�; c� � \ \� Signature: ` ��-���, � �-'V�� '-- Company: �-. �- �-D r,�. � �!'�-v�,�.Gr.. (�L Title: �✓'� ��i � „� Date: � � �- c( ��-O (�-. � Denton Hickory Street Sidewalks and Enhancements Denton TX 76201 ADDENDUM NO. 01 TO THE REQUEST FOR BIDS March 22, 2012 � The request for Bids (RFB) for the above is hereby revised as follows: This addendum consists of 2 pages. General: 1. Mark Nelson asked if there is a way to advance the pedestrian signals at Bell intersection to the front of the project. 2. As noted in the Documents: No work can be completed within 25' of the railroad tracks without coordination with Union Pacific Railroad (UPR). Striping on the west side of the . tracks may be the only item that could go inside the 25' perimeter and require notice to UPR. 3. No staging areas are provided by City. Contractors may coordinate with landowners Tim Beaty, BCI mechanical, Dennis Martin or City of Denton at Exposition/Hickory. 4. Project requires that the north sidewalk be done first before the south side may be started. 5. Every effort must be made to not disrupt vehicle traffic on Hickory Street or block pedestrian traffic to and from downtown. 6. Contractor must move pots and benches from Hickory Street in front of Denton Arts Building to their parking lot on the south side of the building. The items may require some simple detachment efForts. 7. As noted in the specifications sheet G-4: Mailbox at the Denton Arts Building needs to be maintained throughout the project. A temporary may be placed and replaced with a permanent structure. The landowner had issues getting a box and needs to maintain the box to ensure delivery of mail. 8. The City plans to present the recommendation for award on April 17, 2012 or May 2, 2012 for a preferred start date in May, 2012. Prepared by: � r 6688 North Central Expressway Suite 400 Dallas, Texas 75206 214.424.7500