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2004-236O ANCE No. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE STATE SCHOOL 12 INCH WATER LINE PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3180-STATE SCHOOL ROAD 12 INCH WATER LINE AWARDED TO S.H.U.C., INC. IN THE AMOUNT OF $205,848). 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. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Pumhasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NLrlVIBER 3180 CONTRACTOR AMOUNT S.H.U.C., Inc. $205,848 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate afier notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~f?~'~,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: 3B-oY~-Bid 31; ~ '"~ CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 7th day of Re?ember A.D., 2004, by and between (~ity nf Dontnn of the County of Dentnn and State of Texas, acting through Michael A Cnn&iff thereunto duly authorized so to do, hereinafter termed "OWNER," and ~R 14 TI 12 , Ina '410 Lee T.ane Weatherford, TX 76087 of the City of Dentnn · County of Dentnn and State of Texas , hereinafter termed "CONTRACTOR." WlTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Rid '41R0 - .Rtate ~Re. hnnl Rnad 12 Inch Water I.ine in the amount of $2f}f,R4R 013 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: all of which are 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 or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. (SEAL) AT~x~ST: CONTRACTOR -770 / APPROVED AS TO FORM: CITY ATTORg/E¥ MAILING ADDRESS I~ ! '7_ - ~q3 -q PHONE NUMBER FAX~ER BY: . . TITLE P~NTED NAME (SEAL) CA - 3 ,, Bond # 10015849 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRF_~SENTS: That .~ T~ l! ~. ln~ Uwhose address is '~1 O 1 ~ T ~n~ W~th~f~t ~ 7~R7 hereinafter called Principal, and Capit°llnd6mnityC°rp°rati°'nv~ .. a corporation organized and existing under the laws of the State of Wisconsin. and fully authorized to transact bus/ness in the ~tate of Texas. as Surety. are held and firmly bound unto the City of Denton. a municipal Coloration organized and exi, 'tm~ ~nder the laws of thc ~tato of Texa.q. hereinafter called Owner, in the penal sum of~o [~nndrP~v~ Thnl]e~nd 1~.i~aht [-Illnde~q ~nr? Right DOLLARS ~,~ ~,~ Ccnts~..t~.~ a~?l~us ~n percent of the stated penal sum as an additional sum of money representing ~a~ifiousl court expenses, attorneys' fees, and liquidated damaEes arisin~ out of or conn~:ted with the below ~fied 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 snd .severally, firmly by these presents, This Bond shall automatically be increased by the amount of any Ch-nEe Order or Supplemen~ Agreement which increases the Contract price, but in no evem sh.11 a Clm~e Order or Supplemental Agreement which reduces the ConUact price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Where, Principal entered into a certain Contract, identified by Ordinance Number with the City~ Denton, the Owner, dated the ?th day of _A.D. ~ofl~,~ a copy of which is hereto attad~ and m~ a part hereof, for Rid '41Rtl - .qt=t~ ,~hnnl g~d 1~. lnah W.t~' l.in~ ~ ' NOW, THEREFORE. if the Principal shall well, truly and faithfully perform and fulfill all of the undemd~gs, coveusn~, t~mz, conditions and agreements of said ConUact in accordance with the Plans, Specificafiom and Contract Documents during the original term thereof and any extemion thereof which may be granted by ~he Owner, with or without notice to ~ Surety, .na durin~ the life of'any guaranty or warranty required under this Contract, and shall also well and uuly 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 m~, notice of which modifications to the Surety being hereby waived; and, ff the Principal shMI ~ and/or l'oplac~ all dcfeGts due to faulty materials and worirmanship that appear within a period of one (1) year from the date of fin~! completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemni~y and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein/md shall fully reimburse and repay Owner all outlay and expe~e which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it ~hsll remain in full force ~nd effecL PB- 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shah lie in Denton Coumy, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and a~recs that no change, extension of time, alteration or addition to the terms of the Conlract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying tile 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 t~,uis 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 nnd 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 Anuotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies,~ach one of which shall be deemed an original, this the 7th day of .~.t~mh~r..200da,/ ATTEST: PRINCIPAL SECRETARY $.H.U:~.,Jnc. j PRESIDENT cyber ~_ /~d~ir~.~ ATTEST: BY: ~'~ SURETY Capitol Indemnity Corporation ATTORNEY-IN-FACT staci Oross The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: David Ward 9741 Preston Road Suite 304, Frisco, Texas 75034-2554 STREET ADDRF~S: (NOTE: Date of Performance Bond must be date of Contract. corporation, give a person's name.) PB -2 If Resident Agent is not a Bond # 10015849 PAYMENT BOND · STATE OF TEXAS § COUNTY OF DENTON § KNOW A MEN BY THESE PREsENTs' That.,~ II Il c~ Ina (///whose address is · ~10 I~ I~ W..th.rfnrcl. T~ ~]~IRT,' here'~er 'c'all~i' Princival. and Capitol Indemnity Comoration!s//coiporation orgagzed and existing under the laws of the State of wiscons!.n and fully authorized to transact business in the State of Texas; as Surety, are bold and firmly bound unto the City of Denton, a municipal corporation organiTed and existing under the laws of the State of Texas, herelnafter called Owner, and unto all persons, rums, and corporations who may furnish materials for, or perform labor upon, the building or .improvements herelnnfter l'0fOt'l'cd to, in ~ ~ slJ~rl o~'/ TWa T..]'11ndrf,~,"~iv~, "l~hntl~qnd ~oht T-T~mdr~,cl ~nrt~ ~ioht DOLLARS and 7~,n Cents,~'(~).~lawfifl money of the~United States, to ~)e p~id in Denton, County, Texas, for the payment of which sum well nnd truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assilp~s, jointly and severally, firmly by these presents. This Bond shall automatically bo increased by the amount of any Chau~e Order or Supplemental Agreement which increases the Conlract 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 Ordi.nnce Number. ~ wi~ the City of Depton, the Owner, dated the ~th day of .q?t~mhm- A.D. 9~o.a~a copy of which is herded and made a part hereof, for Rid RIRO - .~ltnt~ Rehnnl Rand i~ ln~h NOW, THEREFORE, if the Principal shall well, truly snd faithfully perform its duties ~nd make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor end/or materiai in the prosecution of ~he Work provided for in said Contract and any and all duly authorized modifications of said Con~act that may boreafter bo m~de, 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 Shn]l lie in Denton County, Texas. PB-3 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 Anuotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each o~0~which shall be deemed an ori~innl~ ~ the '/th day of ~.t~mh~r , ~00.4 .~ ATTEST: PR1NCH~AL SECRETARY $.H.U.C., Inc. PRESIDENT ATTEST: SURETY Capitol IndemnEy Corporatlo,~~'~ BY: × ~(~Y~x) ~~ ATtORNEY-IN-FACT Staci Gross The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: David Ward ST~.~T ADDRESS: 9741 Preston Road Suite 304, Frisco, Texas 75034-2554 (NOTE: Date of Paymem Bond must be date of Contract. corporation, give a person's name.) PB - 4 If Resident Agent is not a CAPITOL INDEMNITY CORPORATION 'l 0 0 '] 5 8 4 9 POWEROFATy0RNEY t~ ;,. · KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDE~M~N IT Y CORPORATION, a corporation of the State o f Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, eon~ife and appoint STACI $. OROSS, $TEVE DEAL OR DONAL BOLEY its true and lawful Ailorney(s/-in-fact, to make, execute, seal and deliver for and 6n its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of surelyship, provided that no bond or undertaking or contract of suretysh~xecuted under this authority shall exceed in ..................................... NOT TO EXCEED $4,000,000.00~ ........................................... .... "RESOLVED, that the President, and Executive Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appomt by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings ~bligatury ih the nature thereof, one or more viee-pr~sid~hts, .aosistant secretaries and attomey(s)-in-fact~ each appointee to have the powers and duties usUal t6 such offices to the business of the Corporation; the sighatur6 of such officers and seal of the C6rpofation may be affixed lo such Pdwer if ~tdmey 6[it~ ~y Certificate relating thereto by f~csibaii~,.and ah~ such p6wer of attorney or certificate bearing ~uch facsim!lc signa~6s or facsimile s~al' shall be valid and binding upon the Corporation in the future With respect to any bond or undertaking Or other Writing 0bligfitory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time?' IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Treasurer, this I st day of Octobcr, 2003. Thomas K. Manion COUNTY OF DANE J '" CAPITOL INDEMNITY coRPORATION David E Pauly President and CEO THIS DOCUMENT 1~ NOT VALID UNLESS PRINTED ONBLUE ~HADED BACKGROUND WITH A RED SERIAL NUMB:ER.IN ~ UPPER ILIGHT HAND coRNERi THE'BACK OF THIS DOCUMENT COIqTAINs A. WATER. MARK. IF YOU HAVE AN ~ QI~It~S'i'ION~ CON~RNII,~G THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-44~0~ On the 1st day of Otaober, 2003 before me personally came David E Pauly, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President and CEO of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrament is such corporate seal; t~fit it wass6 affixed by order of the Board of Directors of Said cdrporafion and that he signed his name thereto by like order ~ ~/ Kathleen A. Paulson STATE OF WISCONSIN ~ S S ~r. Notary Public, Dane Co., WI COUN'PY OF DANE," ;' J ' :: . ,: CERTiPICATE :.. My Commission Expires 10-15-~006. I, the undersiffned, duly elected to the office stated below,':no~ ihe ineUmbefit iff CAPITOL INDEMNITY CORPORATION, a Wis;consm Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in,It force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in for~ Signed and sealed at the City o f Madison, State o f Wisconsin this 17th day of ~or~-~amhor ,200~/' . I]E[PORTANT NOTICE: To oMatn i~formatton or make a complaint: You may contract thc Texas Depanxnont of In.mrance to obtain information on companlc~, coverages, rights or co:rapid;nfs at: 1-800-252-34~9 You may write tho Texas Department of I.o, sur~uce at: P.O. Box 149104 Ausiln, ~ '/8714-9104 Fax ~ 1-512-47:~1771 Your notice of clahn ag:~i,~ thc bond may be. ~ven to the surc~ company that L-,sued the bond by scndin~ iX io the followir~ ndc~ess: Ma~ling Adckcss: Capitol InO,'m,,lt7 Co~porafion P.O. Box ~00 l~_~lison, ~ ~3705-0900 Physical Address: Capitol Indavm,~ty Corporation 4610 Unlvc,alty Avenue Madison, ~VI You may also conuact the Capitol Indem-i~y Corporation office by telephone at: Telephone Ntunbec: (608) 2~I~0 FRL"MIU~ OR CL,e~I1VI H you have a dispute conccrnlng a premhun, you should cozm-act the a&en~ fizst. If you have a dispute concerning a claim, you should contact the company first. If this dispute is not resolved, you may contact thc Tex~s Deparm~¢nt of huttr~ce. ATTACH ]'Hl.~ NOTICE TO YOIYR BOND This notice is for information only and does not become pall of condition of thc attached document. ~AC..O_RD.CERTIFICATE OF LIABILITY INSURANCE csR ........... saucz-1 09/30/04 .RO0~C;I~ I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wio. bita Falls TX 76309-7513 i ............... g ............ ,~:::?-?:Y2-~-"5-~ ......... Lt ~ ~ o_~.,_ooo ..... 0S/01/04 j 05/01/05 ~,~:.,a,~,~l~ '~ 2,000,000 ~_X~4~'~. L ~ ....... ~ 05/01/04 05 / 01/0 S ~ ~,:=~,~ ,.: ~ 1000000 CERTIFICATE HOLDER CANCELLATION DE~I'C02 i ACORD 25 t200~8) O ACORD CORPORATION IMPORTANT If the certificate holder is an ADDITIONAL INSURED, [he policyees) must be endorsed, A statement on this uertificate does not confer rights to the certificate holCer in lia,J of such endorsement(s). If SUBRCGAT!ON IS WAIVED, subject to the terms and conditions of the policy, certain policies ma~ ;equire an endorsement, A statement on this certificate does not confer rights to the oertificBte holder m lieu o¢ such endorsementfs), DISCLAIMER The Certificate of Insurance on the reverse side of this forrn does rot constitute a contract betveeep the issuing insurer(s}, authorized ~-e~resentative or producer, and the certificate holder, nor does it a~itmetively or negativeiy amend, ex'ter*C ct alter the coverage afforded by the policies listed thereon. 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 MATERIALLY 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 WRITTEN NOTICE IS REQUIRED". 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 .fl00~0OO 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. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $qot~/~fln 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 bt~ilding or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and role 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [] [] [] [] [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Builderst 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 subenntraetors as their interests may appear. Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [ x] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage Ccertificate")-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 food/beverage vendors, office supply deliveries, and delivery of portable toilets. 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. 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 covekage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 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. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ., (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (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) reta'm 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. By signing this contract or provid'mg 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. 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. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated Addendum No. 2 dated Addendum No. 3 dated Addendum No. 4 dated Addendum No. 5 dated Received ~ -,.~. ~ -Oq Received {m -~q - 0 ~ Received Received Received Street Address Cit and gtate Seal & Authorization (If a Corporation) ~ ]"']-,~ q fi, -qL:~ Telephone P-6 BID SUMMARY TOTAL BASE B1D PRICE IN WORDS "Y' o 14 _ =Lt d 7ko . In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bo!ad for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful clan-ns for labor performed and materials furnished in the fulfillment of the contract. R is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. P-5 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award 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 whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an mount lower than the lowest Texas 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 inn 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 will 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 statute 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 Texas: BIDDER: Street Address City and State THIS FORM MUST BE RETURNED WITH YOUR BID. P-7 CUN.29'200~-07:2'6-9¥0-3~9 7302 CITY OF DENTOX PURCHASING Project Name: State Sghool Road 12" Water Line Work Days 45 ATTACH MENT 1-AD2 Bid No, 3180 BID TABULATION SHEET P.O. No. ItemI De~¢ri,tion "IQ~'''antity'Unit'''Unit'Priceao ! T°tal 2.12.9 02 watcrlinepaidforund~as~amteitem) [ 291 LF $ ls~ff~ /LF $ ~Ol~q~. ]~remd~e~tforl2'Wa~L~e [ I I 17X, o~ g~ [ ~,~o.~ 0.4 l(12"wa~lin~paiafor~d~ra~at¢it~m) [ 1~8 ] LF [$ ~/~ ]$ ~ I~ ~ud'En~aseme~t~ ,, . Wt~h 24" Sm=l Ca~mg ' [ ' ' fl ~ ~,oO ~.. ] [(12"wat~rlincp~dforunderasep~i~m) I 50 [ LF [$ ~ /~ 181~,~0' 5,4, 2.12.9 6/24/"g004 P a ~roject Name: State School Road '12" Water Line ~ ATTACHMENT I-AD2 BID TAE~ULATION SHEET Item t Deacription 8. l B ,m~cad¢$, Warning Si~s and D~o~s Unit Price ~ W~ds ~ ~ ~ ~ 8,13 SP-IO Work Days 45 Bid No. 3180 P.O, No. $P-37 IlLxcavation o, t,o ,,l 20VO Unit Pri~e 1.= Words ,'~"~r'e.~ DOll4r'$ $P-43 Unit Price In Words TOTAL oO P4 ADDENDUM # 1 Bid #3180 Bid For .State School Road 12" Waterline BIDS DUE: July 1,2004 2:00 P.M. Bid submitted by: .; Company Name BID #3180 ADDENDUM Addendum #1 to be, returned with Bid Proposal The attached pages are changes to the bid specifications. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bit~ Signature: Company: Title: Date: ADDENDUM NO. 1 TO PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CITY OF DENTON, TEXAS STATE SCHOOL ROAD 12" WATER LINE BID NO. 3180 TO: PROSPECTIVE BIDDERS AND PLAN HOLDERS The. Plans, Specifications and Contract Documents shall be modified as required by the following items: Item 1-1 SPECIFICATIONS: SPECIAL CONTRACT DEFINITIONS: Item 2.12.9, 24" Steel Casing Pipe, Page SC-5: Add the following paragraph after the INTERIOR COATING paragraph of Item 2.12.9 24" Steel Casing Pipe: CASING SPACERS Casing spacers shall be used to install the carder pipe inside the encasement pipe. The spacers shall be projection type totally non-metallic spacers constructed of preformed sections of high-density polyethylene. Spacers shall be ISO 9002 certified for strength and quality. The spacers shall be a projection type that has a m/nimum number of projections around the circumference totaling the number of diameter inches. Casing spacers shall use double backed tape to fasten tigktly onto the carder pipe so that the spacers do not move during installation. The spacers shall be installed according to manufacturer's recommendations. The maximum load shall not exceed the load limits per spacer recommended by the m~nufacturer. Spacers shall have a mimmum height that clears the pipe bell. Projection type spacers shall be RACI type spacers by Raci Spacers North America, Inc. or approved equal. Item 1-2 SPECIFICATIONS: UTILITY LINE CONSTRUCTION SPECIFICATIONS: Page WS-7, item 9, Fittings and Appurtenances: Add the following sentence to the end of the first paragraph under item 9, Fittings and Appurtenances, on page WS-7: Compact fittings are allowed. H:~t~teS oho el WL~FinalSp~c~',Stat~SehoolADDBNDUlvlNumbor I .doc Addendum 1 -Page 1 of 3 Item S?E.CIFICATIONS: UTILITY LINE CONSTRUCTION SPECIFICATIONS: Page WS-9: Add the following paragraph after paragraph 11 d. under the item tiff ed "Bores": Pressure Grouting: All annular voids created between carrier or casing pipe and bore hole during boring operations shall be filled with Nonshrink Grout. Nonshrink grout material shall be a pre-blended factory-packaged material manufactured under rigid quality control specifically for use in transferring heavy loads. The nonshrinkgrout shall conform to the following requirements. 1. Grout shall contain nonmetallic natural aggregate and shall be nonstaining and noncorrosive. Acceptable products are HansordGifford-tlill "Supreme", Master Builders' "Masterflow 928", or approved equal. 2. Corps of Engineers CRD-C-621 3. ASTMC 1107 4. Resist attack by oil and water. 5. Have rnlnlmum initial setting time of approximately 1 hour at 70 degrees F. 6. Have a mini'mm compressive strength of 5,000 psi at 28 days. 7. Free of gas-producing or releasing agents. 8. Shall be suitable for use with wastewater. 9. Water used for mixing the grout shall be potable. Item PLANS: S[IEET NUMBER 2, GENERAL NOTES AND INDEX: Add the following note to this sheet: TIlE TREE REPLACEMENT SCHEDULES INCLUDED ON SHEETS 4 AND 6 OF THESE PLANS ARB FOP. CITY OF DENTON INTERNAL USE ONLY AND REQUIRE NO SPECIFIC ACTION BY THE CONTRACTOR. Item 1-5 PLANS: SIIEET NUMBER 3, 12" WATER LINE STA. 0+00 TO 5+00: Add the following note in plan and profile near the centerline of State School Road near proposed 12" water line station 4+80: CONTRACTOR SHALL MAINTAIN AT LEAST ONE TRAVEL LANE (12'-MIN.) OPEN AT ALL TIMES IN STATE SCHOOL ROAD DURING CONSTRUCTION OF THIS WATER LINE. H:~StaleSchoolWLkFinalSpeca/Stat eScho olADDBNDUMNumb,r 1 .doc Addendum 1 - Page 2 of 3 PLA.NS: SItEET ~ER 4, 12" WATER LII'qE STA. 5+00 TO 10+00: Add the following note in profile near the existing 21" sanitary sewer line crossing near station 7+06 and near the existing reuse water line blow-offwater line near station 6+87: CONTRACTOR SHALL PROTECT THE EXISTING BLOW-OFF WATER LINE AND THE EXISTING 21" VITRIFIED CLAY SANITARY SEWER LINE DURING CONSTRUCTION OF THE NEW 12" WATER LINE. ALL COSTS ASSOCIATED WITH THIS EFFORT · SHALL BE CONSIDERED SUBSIDIARY TO THE COST OF INSTALLATION OF THE NEW 12" WATER LINE. Item 1-7, PLANS: SIt-EET NUMBER 6, 12" WATER LINE STA. 15+00 TO 20+00: Add the following note in profile near the existing 18" sanitary sewer line crossing.near station 17+30: CONTRACTOR SHALL PROTECT THE EXISTING 18" VITRIFIED CLAY SANITARY SEWER LINE DURING CONSTRUCTION OF THE NEW 12" WATER LINE. ALL COSTS ASSOCIATED WITH THIS EFFORT SHALL BE CONSIDER_ED SUBSIDIARY TO THE COST OF INSTALLATION OF THE NEW 12" WATER LINE. Rem 1-8 PLAINS: SItEET NUMBER 6, 12" WATER LINE STA. 15+00 TO 20+00: Add the following note in plan and profile near the centerline of State School Road near proposed 12" water line station 17+60: CONTRACTOR SHALL MAINTAIN AT LEAST ONE TRAVEL LANE (I2'-MIN.) OPEN AT ALL TIMES IN STATE SCHOOL ROAD DURING CONSTRUCTION OF THIS WATER LINE. All items in conflict with this addendum are hereby deleted. TI-lIS ADDENDUM IS MADE PART CONTRACT DOCUMENTS AND PROPOSAL. City of Denton, Texas Chad Alien, P.E. OF TItE PLANS, SPECIFICATIONS AND SItALL BE ACKNOWLEDGED ON TltE H:'~ t atcSchoolWL~inalSp ¢cs~S tat eSchoolAD D]l~qDUlvrNumber I .doc Addendum 1 -Page 3 of 3 CITY O.~ D~N!ON PURCHASING ~4906 P.001/006 ADDENDUM #2 Bid 83180 Bid For State.,S,.chool Road 12" Waterline BIDS DUE: July 1, 2004 2:00 P.M. Bid submitted by: ,_5', ~.1~ ,£., ~'~,~ . Company Name BID ;~3180 ADDENDUM #2 Addendum #2 to be returned with Bid Proposal The attached pages are changes to the bid specifications, NO OTHER CHANGES AT THIS TIME. ~'~ f~rm shall be signed and re~rnetg w~th )'our Signature: C~lnmy: ADDENDUM NO. 2 TO PLANS, SPECIFICATIONS AN-I) CONTRACT DOCUMENTS FOR CITY OF DENTON, TEXAS STATE SCHOOL ROAD 12" WATER LINE BID NO. 3180 TO: PROSPECTIVE BIDDERS AND PLAN HOLDERS Thc Plans, Specifications and Contract Documents shall be modified as required by the following i~¢ms: SPECIFICATIONS: PROPOSAL: Pages P3 and Pi m the Bid Tabulation Sheets ,are hereby repla~od in their enlir~ty with thc attached pages P3 and P4 (Altachment I-AD2). All other portions of the Proposal shall rvmain unchanged. lt*m 2-2 PLANS: SHEET NUMBER 4: D~lvte the note in profile between stations 6+05.00 and 7'18.99 that says "114' OF 24" STEEL CASING (0.50" THICK.) W/ SPACERS (OPEN Add the following note bev, vcer~ stations 6+05.00 and 6+68.99: CONSTRUCT 64-LF OF 12" WATER LINE BY OPEN CUT AT 0.10% SLO?E WITHIN 24" STEEL CASING PIPE (0.50" WALL THICKNESS) W'fl'H SPACERS. Add the following note in profile between stations 6+68.99 and 7+18.99: BORE AND ENCASE 50-LF 12" WATER LINE AT 0.10% SLOPE WITHIN 24" STEEL CASING P~E (0.50" WALL THICKNESS) WITH SPACERS. PRESSURE GROUT ALL VOIDS IN ANNULAR SPACE AROUND CASINO PIPE PER SPECIFICATIONS. PROTECT EXISTINO 21" S.S. LINE AND BLOW-OFF LIN2~ FOR EXIST. lg' REUSE WATER LINE. Addendum 1 - Pas* I ~t~m 2-4 PLANS: SHEET NI,'i~IBER 8~ WATER DETAILS: Make ~he followi.~g ch~ges to n~b=r Wg02 ~tled ~ ~ VA~ ~LEASE VALVE 6'~ TO 12": ~l~ts ~d ~p~ the note ~at sa~ "FLANGND OUTLET" wi~ the foHowJag ,~STALL 12" x 4" ~E C~ge ~e t/fie of the d~ai~ ~om ~ A~ VAC~ RELE~E V~VE 6" TO 12" ~ A~ VAC~ ~L~ASE VALVE FOR 12" WATBR L~ All items iu conflict v, ith this addendum ~ hereby de[eted. THIS Ab-D-EiNDUM IS ,~kDE P~RT OF rH~: PLANS~ SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL BE ACKNOWLEDGED ON THE PROPOSP,-L. City of Denton, Texas Chad All,n, Add~ndtum 1 - Pate 2 THE AMERICAN IN' TI 0TE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we $.H.U.C., Inc., 310 Lee Lane, Weatherford, TX 75087 as Principal, hereinafter called the Principal, and Capitol Indemnity Corporation PO Box 5900 Madi= _n_n_,-Wisco n sin,- 53705 -0900- - (Here Insert full.name-and ac~dmss er tegat title-of Surety) a corporation duly organized under the laws of the State of Wisconsin as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton, Texas (Here Insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of *** FIVE PERCENT OF BID AMOUNT *** Dollars ( 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for State School Road 12" Water Line in Denton, Texas (Here Insert full name, address and description of project) NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee, may in good faith contract with another party to perform the Work covered by said bid, then this obligation Shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1st day of July, 2004 (Witness) (Witness) Capitol Indemnity Corporation pr icl (SeaT) (Surety) (Seal) (Title) Attorney-in-Fact AL& DOCUMENT A310 - BID BOND - AL& ® - FEBRUARY 1 g70 ED - THE AMERICAN INSTrrUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 Printed on Recycled Paper 9~93