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2006-336ORDINANCE N00~3 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE COOK STREET WATERLINE AND REPAVING PROJECT FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3586-COOK STREET WATERLINE AND REPAVING AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $178,599.50). 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 works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3586 Jagoe-Public Company $178,599.50 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 such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 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. 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. 9,e~62- Y~ PERRY It. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4-O id 3586 EDWIN M. SNYDER, CITY ATTORNEY CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 12 day of December A.D., 2006, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Jagoe-Public Company Denton TX 76202 of the City of Denton, County of Denton and State of Texas hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3586 Cook Street Water Line and Repaving in the amount of $178,599.50 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 fiunish 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 Conditions, 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 explanatory matter thereof, and the Specifications therefore, as prepared by: City Engineering staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 C 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 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 and/or 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, employees, 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 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 S IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: City of Denton OWNER BY C_= (SEAL) CONTRACTOR ingne pohiic rn P O Box 250 Denton, VG MAILING ADDRESS Yo 3gL 2S-Sr/ PHONE NUMBER 7YO 3k2- 9-732- APPROVED AS TO FORM: C 1,01Y ATTO FAX NUMBER - U. BY: TITLE PRINTED NAME (SEAL) CA-3 -w PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § c w'J Bond No. /:,'?53834 KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company whose address is. PO Box 250 Denton TX 76202 hereinafter called Principal, and SureTec Insurance company , a corporation organized and existing under the laws of the State of Texas 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 Owner, in the penal SUM of _ONF HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED NINETY NINP AND 50/100 DOLLARS(W8.599.50) 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 2006-336, with the City of Denton, the Owner, dated the 12 day of December A.D. 2006 , a copy of which is hereto attached and made a part hereof, for Bid 3586 Cook Street Water Tine and Repaving. 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 agreements 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 remain in full force and effect. PB-1 PROVIDED FURTHER, that if any legal action be tiled 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 perlbnned 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 4 copies, each one of which shall be deemed an original, this the 12th day of December, 2006 ATTEST: BY: SECRE ARY ATTEST: BY: (M LYO L-- Cindy Fowl witness PRINCIPAL 0 Jagoe-Public Company BY: l` V((-F- PRESIDENT SURETY 'y" \l/~v..~ BY: i ATTORNEY' Beverly M. Trimble The Resident Agent of the Suretyin Denton County, Texas for delivery of notice and process is: Beverly M. Trimble NAME: Allied North America Insurance Brokerage of Texas, LLC STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 STATE OF TEXAS § COUNTY OF DENTON § is , hereinafter called Principal, and SureTec Insurance Company ✓ , a corporation organized and existing under the laws of the State of Texas 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 Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of 50/100 DOLLARS v($ 178,599.50.J'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 2006-336, with the City of Denton, the Owner, dated the 12 day of December A.D. 2006 ,✓a copy of which is hereto attached and made a part hereof, for Bid 3586 Cook Street Water Line and Repaving. ✓ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants 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 iddition 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. PAYMENT BOND Bond No. 4353834 KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company ~,fvhose address PB-3 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 instrument is executed in 4 copies, each one of which shall be deemed an original, this the 12th day of December , 2006 ATTEST: PRINCIPAL Jagoe-Public Company ✓ BY: Adej~ „Xf J ° - SECRE ARY BY: VICE PRESIDENT ATTEST: BY: f L/11(I ai tJ Cindy Fowl r, Witness SURETY c Insurance BY: ( R ATTORNE -IN-FACT Beverly M. Trimble The Resident Agent of the Surety in Denton County, Texas for delivery of notice and process is: Beverly M. Trimble NAME:Allied North America Insurance Brokerage of Texas, LLC STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251 (NOTE: Date of Payment Bond must be datebf Contract. If Resident Agent is not a corporation, give a person's name.) - , PB-4 4i 5 Pop 9: 4221003 Su_reTec Insurance Company LIMITED POWER OF ATTORNEY Knorr All -Men by These Presents, That SURETEC INSURANCE COMPANY the "Company"),-a corporation duly organized and, existing under the laws of-the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents -umke, constitute and appoint L. Ray Pitts, Jr., Beverly M. Trimble-4 chard M. Abbott, Steven Jay Rauch, Connie Jean Kregel,.Jeffrey Todd McIntosh of - Daum. Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to, the conditions of contracts and consents of surety, providing the bond penalty does not exceed - Five Million and no/100 Dollars ($5,000,000.00) - - and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the. President,' sealed with the. corporate ...seal of tine Company and duly attested by its Secretary, hereby ratifying and crytf rming all that the said Attorney(s)-in-Fact may doin the premises. Said appointment shall -continue in force until July 31, 2005 and is made trader and by authority of the. following resolutions of.the-Board of Directors of the SureTec Insurance Company: - - " - " - Be it Resolved, that the Presidem,'any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall. be and is - hereby. vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact'to represent and act for and on - behalf of the Company subject to the following provisions: - - - - - - Anorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and allbonds„recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings. and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Ile it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or - - - any certificate relating.thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect.to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20i° of April, -1999) In Witness Whereof, SURETEC.INSURANCE COMPANY has caused these presents to be signed by its P_ie_sid_ent, and its corporcte seal I. - - to be hereto affixed this 20th day of June, A.D. 2005. 'URE'1'EC INS Jd~CE COMPANY - O0' - / By: Bill King, rc ant - State of Texas.-- - ss r--- - County of Harris - _ - - On this 20th day of June,. A.D. 2005.1before me personally came Bill King,:to me known, who, being by me duly sworn,. did depose andsay, that he resides in Houston, Texas, that he is President of SURETEC fNSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the scat of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the_ - -Board of Directors of said. Company, and that he signed his name thereto by like order. Michelle Denny Notary Public; State of Texaa /Y N VI o.P/vyj k MyCotmnlsalon Expkm Michelle Denny, Notary Pub is ` - - _ - - - - - - - AuguSi 27, 2008 . My conunission expires August 27;2008 1, M. Brent Beaty,, Assistant Secretary of SURETEC INSURANCE COMPANY, do. hereby certify that the above and foregoing is a true and correct copy . of a-Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attomeyare in full force and effect, - ' Given under my hand and the seal of said Company at Houston, Texas this ~T1'V day of iJQ 'Q , 20 , A.D. -M. Brent Beaty, AssistanESe re ry- = - Any instrument issued'i t exc +s aE:F r3 oa1M tat^d above is totally void and without any validity. - For verification of tho awh- )rdy of i spower }ov ay call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. - i of S.ureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Ste. 320 Austin. TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Triple Rider with Mold Excl.doc rev. 1103 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent 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 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 read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERMLLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTENNOTICE IS REQUIRED'. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCQ. [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an 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. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, 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. ATTACHMENT I [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Prbject Name: Cook Street Water Line and Repaving Cooke Street Water Line Subtotal Bid A BID TABULATION SHEET Work Days 6o Bid No. 3586 P.O. No. Item Description Quantity Unit Unit Price Total 103.1 Contractors Warranties and Understandings 1 LS $4,000.00 $4,000.00 Unit Price in Words FOUR THOUSAND DOLLARS AND NO CENTS 201 Tem ra Erosion Control 1 LS $600.00 $600.00 Unit Price in Words SIX HUNDRED DOLLARS AND NO CENTS 402.3-A Concrete Saw Cut 70 LF $6.25 $437.50 Unit Price in Words SIX DOLLARS AND TWENTY-FIVE CENTS 501.14 6" PVC C900 Water Line 822 LF $50.00 $41,100.00 Unit Price in Words FIFTY DOLLARS AND NO CENTS 502.10.2.3 6" Tapping Sleeve and Valve 3 EA $1,000.00 $3,000.00 Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS 502.5.2 Ductile Iron Fittings 0.25 TN $14,000.00 $3,500.00 Unit Price in Words FOURTEEN THOUSAND DOLLARS AND NO CENTS - 801 Barricades, Warning Signs, and Detours 1 LS $1,500.00 $1,500.00 Unit Price in Words FIFTEEN HUNDRED DOLLARS AND NO CENTS 203.3-B Remove Concrete Curb and Gutter 5 LF $12.00 $60.00 Unit Price in Words TWELVE DOLLARS AND NO CENTS 107.2 Project Signs 2 EA - $450.00 $900.00 Unit Price in Words FOUR HUNDRED FIFTY DOLLARS AND NO CENTS 402.3-B As haft Saw Cut 1796 LF $3.00 $5,388.00 Unit Price in Words THREE DOLLARS AND NO CENTS 203.3 Preration of Right of Way 1 LS $1,150.00 $1,150.00 Unit Price in Words ELEVEN HUNDRED FIFTY DOLLARS AND NO CENTS 502.10.3 Water Service Tap 11 EA $1,000.00 $11,000.00 Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS SP-27 Water and Sewer Service Adjustment 1 EA $1,000.00 $1,000.00 Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS SP-30 Abandon Existing Water Line 1 EA $1,000.00 $1,000.00 Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS SP-31 12" Steel Pi Casing and Casing Spacers 50 LF $150.00 $7,500.00 Unit Price in Words ONE HUNDRED FIFTY DOLLARS AND NO CENTS . 107 .19.3 Excavation Protection 822 LF $1.00 $822.00 ' Unit Price in Words ONE DOLLAR AND NO CENTS P-3 10/6/2006 124- lb- Project Name: [ Cook Street Water Line and Repaving Cooke Street Water Line Subtotal Bid A Work Days 60 Bid No. 3586 P.O. No. SUBTOTAL BASE BID $82,957.50 P-4 10/6/2006 ~C Project Name: Cook Street Water Line and Repaving Cooke Street Water Line Subtotal Bid B BASE BID BID TABULATION SHEET Work Days 60 Bid No. 3586 P.O. No. Item Description Quantity Unit Unit Price Total 103.1 Contractors Warranties and Understandings 1 LS $3,500.00 $3,500.00 Unit Price in Words THIRTY-FIVE HUNDRED DOLLARS AND NO CENTS 203.3-A Remove Concrete Sidewalk and Driveway 15 SY $15.00 $225.00 Unit Price in Words FIFTEEN DOLLARS AND NO CENTS 203.4 Unclassified Street Excavation 339 CY $25.00 $8,475.00 Unit Price in Words TWENTY-FIVE DOLLARS AND NO CENTS 203.7 Compacted Fill 170 CY $16.00 $2,720:00 Unit Price in Words SIXTEEN DOLLARS AND NO CENTS 302.9-A A haft Pavement - 5" Type B 1633 SY $16.00 $26,128.00 Unit Price in Words SIXTEEN DOLLARS AND NO CENTS 302.9-A halt Pavement - 2" Type C 1633 SY $8.00 $13,064.00 Price in Words EIGHT DOLLARS AND NO CENTS TUnit 201 Tem re Erosion Control 1 LS $500.00 $500.00 Unit Price in Words FIVE HUNDRED DOLLARS AND NO CENTS 402.3-A Concrete Saw Cut 31 LF $6.00 $186.00 Unit Price in Words SIX DOLLARS AND NO CENTS 305.1 Concrete Curb & Gutter 828 LF $16.00 $13,248.00 Unit Price in Words SIXTEEN DOLLARS AND NO CENTS 305.2-A Concrete Driveway Approach 6" Thick 85 SY $42.00 $3,570.00 Unit Price in Words FORTY-TWO DOLLARS AND NO CENTS 801 Barricades, Wamin Signs and Detours 1 LS $1,000.00 $1,000.00 Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS 301.2.1 Hydrated Lime (Slurry) 27 TN $110.00 $2,970.00 Unit Price in Words ONE HUNDRED TEN DOLLARS AND NO CENTS 203.3-B Remove Concrete Curb & Gutter 888 LF $5.00 $4,440.00 Unit Price in Words FIVE DOLLARS AND NO CENTS 301.2 Su rade Treatment 1960 SY $5.00 $9,800.00 Unit Price in Words FIVE DOLLARS AND NO CENTS 107.2 Project Signs 2 EA $450.00 $900.00 Unit Price in Words FOUR HUNDRED FIFTY DOLLARS AND NO CENTS P-5 10/27/06 402.3-B Asphalt Saw Cut 100 LF $3.00 $300A0 Unit Price in Words THREE DOLLARS AND NO CENTS 203.5 Preparation of Right of Way 1 LS $2,000.00 $2,000.00 Unit Price in Words TWO THOUSAND DOLLARS AND NO CENTS 202.5 Block Sod 218 SY $12.00 $2,616.00 Unit Price in Words TWELVE DOLLARS AND NO CENTS SUBTOTAL BASE BID $95,642.00 P-6 10/27/06 Project Name: Cook Street Water Line and Repaving Cooke Street Water Line Subtotal Bid B BID TABULATION SUMMARY SHEET Work Days 60 Bid No. 3586 P.O. No. COOK STREET WATER LINE SUBTOTAL BID A $82,957.50 STREET REPAVING SUBTOTAL BID B ~OTAL BASE BID - SUBTOTAL BID A PLUS SUBTOTAL BID B $178,599.50 P-7 10/27/06 : ACORD CERTIFICATE OF LIABILI DAre ry6vODIYYYY) INSURANCE TY PRODUCER (q'72) 455-1400 B AS A MATTER OF INFORMATION THI IS ISSUED ND CONFERS NO RIGHTS UPON THE CERTIFICATE Allied North America Insurance ONLY A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brokerage of Texas, LLC 12770 Coit Road, Suite 750 INSURERS AFFORDING COVERAGE NAIC # Dallas TX 75251- INSURER A TRAVELEAS LLOYDS INSURED bli / Inc , C INSURER R: TRAVELERS PROPERTY fi CA3 c Jagoe-Pu W . o., th Drive \~b INSURERCPHOENIX INSURANCE CO o 3020 Fort r \ PP h\ INSURER D:Ar'ch $ ecialt Ins CO A-XY Denton TX 76ZO1- INSURER E: COVERAGES _ vnTLFTUCTANI)Wr ANY I THE POLIC IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE D wuwtu nowt ESPECT T run mc...".. O WHICH THIS CE • .......-••'V---.------ - - RTIFICATE MAY BE ISSUED OR MAY PERTAIN, REQ UIRE MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTTH R ALL THE T EXCLUSI TERMS ONS AND CONDITIONS O F SUCH POLICIES. THE INSU RANCE AFFORDED BY THE POLIC IES DESCRIBED HEREIN IS SUBJE CT O , AGG REGA TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P OLICY EFFECTIVE P OLICY EXPIRATION UNITS INSRA I DU'l TYPE OF INSURANCE POLICY NUMBER DATE IMMIDOD'17 DATE MWO 000 000 1 06 3719 2 10101/2006 1 0/01/20 EACH OCCURRENCE , , $ -A- - - D6N ERALLMBILOY - - C049 D DANA E TO TO RENTED 300,000 $ PREMISES Eaocartenca X COMUERCIALOENERALLMBaITY 000 5 MED EXP aM , S CLAIMS MADE ❑ OCCUR 000,000 1 PERSONALA ADY INJURY , S 000 000 2 GENERA,,ACCREGATE , , E 000 000 2 PRODUCTS - COMPIOP AGG , , S GENL AGGREGATE LIMIT APPLIES PER POLICY X PRO - POLICY LOC SA492133707-06 10/01/2006 10/01/2007 COMBINED SINGLE UNIT $ 11000,000 B AUTOMOBILE LIABILITY (Ea ACaaern) X ANY AUM F/ BODILY INJURY AUTOS S ALL OVrHEO (Per paean) SCHEDULEDAUTOS BODILY INJURY X HIREDAUTOS (Pestle ) S X NON-0NAffDAUT05 RTY DAMAGE PROPE (Pa accident) S AUTO DHLY - EAACCIDENT S GARAGE LIABILITY / / / / OTHER TiUN EA ACC S ANY AUTO AIRO ONLY: FOG S 0010245-01 10/0112006 10/01/2007 EACH OCCURREN F 6 5,000,000 D ExlxeanweR6LU LIABILITY OLY 000 000 5 F-1 AGGREGATE , , E CLAaIS IMOE X OCCUR S S DEDUCTEILE $ RETEWTIDN $10,000 7 2 06 10/01/2006 10/01/200 WCBTATU R IMRS ER C YrowLERa COMPENSATION Me - UB492D3 3 000 000 1 EMPLOYERS' DAaR1TY EL EACH ACCIDENT , , S ANY PROPRIETORIPARTNER/EXECUTNE EMSER EXCLUDED? EL DISEASE-EA EMPLOYE 1,000,000 ES OFFICERN 000 000 I P ym, dumb Unff EL DISEASE -POLICYLSAR , , S SPECIAL PROVISIONS Eeba 10/01/2006 10/01/2007 R sgo1P A OTHER INLAND MARINE QT66053715337 000 300 A)E HOLx PER ITEX PER 1mt , DESCRIPTION OF OPEMTIONSAACATbNSWEHNXE9IE%GLUSNiMB ADOEO BY E1lOOR9EMBn9PCCNL PROVISIONS in R g epav Ra: Bid 3586 Cook Street Water Line a ((SAN) Attached for Spacial Wording)) ucn nr•....,c~.. ANY LDenton - SHOULD ANY OF 7NE ABOVE pESCRIBED POUGEB BE CA NCELLED BEFORE THE EXPIRATION re THEREOP, THE ISSUING INSURER W" XMIOXXXXX01 MAIL 3O DAVE WmT NOTICE TD THE CERTIRCAYE HOMER NAMED TO THE LEFT. K" nton✓ g Department kory Suite B AUmor~ED REPR TX 76205- OACORD CORPORATION 7988 ACORD 25 (2001108) Pegs + m a *A INS025(01w).OS ELECTRONIC LASER FORMS. INC.-IMID7= IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2007100) C INS025 (DIM) as Pa 202 Attached to and forming part of Certificate of Insurance dated 12/20106 issued to City of Denton: ATTACHMENT I Re: Bid 3586 Cook Street Water Line & Repaving ✓ City of Denton is granted a waiver of subrogation on the workers compensation policy as respects the referenced contract.-City of Denton is an additional incur _!p!u_md on the [ olicy to the extent of the coverage required and only in the minimum amount required by contract, and only with respect to liability anssmm~ out of work done or by or on behalf of the named insured under such contract.'Said policies shall not be cancelled, non-renewed, or materially changed without 30 days advance written notice being given to the Owner, except when the policy is being cancelled for non-pa ygent of premium, in which case 10 days advance written notice is required. ✓ y S~