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2003-177ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SPENCER ROAD PAVING, DRAINAGE AND WATER IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF ~S THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3028-SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $2,794,719.25). 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 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 3028 Jagoe-Publie Company $2,794,719.25 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 ora written contract and furnishing of performance and payment bonds, and insurance certificate after 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 /~__Z;~ day off-)Y~--~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3028 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 17 day of hme A.D., 2003, by and between City. nf Dentnn County of Dentnn and State of Texas, acting through Minhael A (~nnclnfie thereunto duly authorized so to do, hereinafter termed "OWNER," and Tagne-lh~hlin Cnmpany Dentnn. TX 7620'2, of the City of Dentnn , County of Denton and State of Texas , hereinafier 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: Rid qf}?.R-,qpennar Road Paving. Drainage and Water Imprnvemente in the amount of $9.:704.719 25 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 CA- 1 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: Teagne Nlall and Perkln~ Ina all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claim~ and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: C]ity nf Dentnn o ¢ (SEAL) Jaooe-Publio Company P.O, Box 250 Denton, TX 76202 CONTRACTOR MAILING ADDRESS quo '~?z 2~'",~1 PHONE NUMBER q~o xg2 FAX N~ER APPROVED AS TO FORM: TITLE PRINTED NAME (SEAL) CA - 3 Bond #SP3936 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That ]'agoe-l~h]ie Cnmpanyv/ whose address is pc) lqnx ?.sfl Dentnn TY hereinafter called Principal, and st. Pau'l Fire and Marine Insurance Company", a corporation organized and existing under the laws of the State of Minnesota , 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 o~ Turn Millinn ,qeven Ninety Fnnr Thnlmand ~qeven 14nndred Nineteen and 25/I Nf~OLLARS' ($ 9,704,71 q 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, admihistrators, 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 9fir}q-177 , with the City of Denton, the Owner, dated the 17 day of hme A.D. ?anq~/' a copy of which is hereto attached and made a f part hereof, for 'Rid qfl?.g-,qpeneer gnnd Paving, Drainage and Water lmprnvement~ %/ 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 one (1) year 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 filed upon this Bond, exclusive venue shall lie ia Denton County, State of Texas. AND PROVIDED FURTHER, that the said .Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall ia 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 which shall be deemed an original, this the 1 7 day of June copies, each one ATTEST: SECRET,~RY 7 ' PRINCIPAL v,c~ PRESIDENT ATTEST: SURETY St. Paul Fire and Marine~ Insurance Company ATTORNEY-IN-FA~T Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Willis of Texas, Inc. 13355 Noel Road; Suite 400 STREET ADDRESS: Dallas, Texas 75240 (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 #SP3936 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Jagne-lh~hlia Cnmpany~f~, whose address is PO RaY 9.50 Denton, TX 7690? hereinafter called Principal, and St. Paul Fire and Marine Insurance Compan ,Y~~ a corporation organized and existing under the laws of the State of Minnesota ; 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/Two Milllnn .qeven hnndred Ninety Fnnr Thmmand .qeven l-hmdred Nineteen and 9~/100'q~OLLARS ($ 9,'704.710 9.'~ ~ 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 shah automatically be increased by the mount 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 , with the City of Denton, the Owner, dated the 17 day of lnne A.D. 90n'~ ~ ~ a copy of which is hereto attached and made,,~part hereof, for Rid qO?.R .qpen~esr Read Paving. drainage and Water lmprnvement~ ~r 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 shah remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, 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. 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 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~f which shall be deemed an original, this the 1 7 day of June ~ 2003 ATTEST: SECRETARY PRINCIPAL ~//c.~ PRESIDENT ATTEST: SURETY St. "~Paul Fire and Marine ~Insurance Company ATTORNEY_IN_FACT Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: willis of Texas, Inc. 13355 Noel Road; Suite 400 STREET ADDRESS: Dallas, Texas 75240 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 Sl'lhul Sure Bond No. SP3936 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is $o.oo. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. 'meSl'Rlul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company 23335 Power of Attorney No. Certificate No. ~.. 5 8 6 8 63 KNOW ALL MEN BY THESE PRESENTS'~at Seaboard Surety Company is a corporation duly organized under tbe laws of the State of New York, and that S~. Paul Fire and Marine Insurance Company,VSt.~Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a'eorporation duly organized under the laws of the State of Iowa, and that Fideli~ and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State oF Wisconsin (het~in collectively called the "Conlpanies '), and that the Companies do hereby make, constitute and appoint JeffMclntosh, D. Gregory StiRs and Rosemary Weaver ~' of the City of Dallas StateTeXas , their true and lawful Ailorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wrii~en instruments Ln the nature thereof on behaff of the Companies in their business of g~aranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pertained in any actions or proceedings allowed by law. 19t~ November 2002 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this day of. __, Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian insurance Company St. Paul Mercury Insurance ~ompany eeeee State of Maryland City of Baltimore United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, lnc. On this 19th day of November , 2002 , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument am the corporate seals of said Companies; and that they, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 1st day of July. 2006. REBECCA EASLEY-ONOICALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other thsttumeuts relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may,be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appoinhng Attorney(s)-th-Fact for purposes only of executing and/tttesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Atiorney or certificate bearing such facsimile signatttre or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company.with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-th-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory th the nautre thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance -.--.------~U,,n~:ffecrwritt e~r,,s~ lhnaC~-v~°tv---.. - -v ..--- hheo~ oe-b Y, cC, ,e'~i,'~. t h a t the above and foregoing isa nme and correct copy of the Power of Attorney executed by said~ Companies, which is in full force IN TESTIMONY WHEREOF, I hereunto set my hand this /7~day of ~Z.q~ To verify the authentici~ of this Power of ,4ttorney, call 1-800-421-3880 and ask for the Power of Attorney clerk Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is a~ached. SfRaulSurety IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX # 1-512-475-1771 Your notice of claim against the at~ached bond may be given to the surety company that i~sued the bond by sending it to the following address: Mailing Address: St. Paul Surety Claim P.O. Box 4689 Federal Way, WA 98063-4689 Physical Address: St. Paul Surety Claim '~, 31919 First Avenue South Suite 100 Federal Way, WA 98003 You may also contact the St. Paul Surety Claim office by telephone at: Telephone Number: 1-253-945-1545 PREMIUM OR CLAIM DISPUTES: If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not re~olveat, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attaohed document. 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 ia the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shah 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 MATERL4LLY 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: )Ill 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, ifs, noted: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $~ .ooo.aoo ~hall 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. IX] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $5oo.o00 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 requkement 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 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. Builders* Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [xl 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 mounts 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 coverage 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 beghnning work on the project; and Co) 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. 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 mounts, 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 entities 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. Time: 11:39 AM To: P&yne, Page: 002-005 C_OJ . CERTIFICATE OF LIABILITY INSURANCE I ~Ro~uc~ (940)382-9691 'FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATT'ER OF INFORMATION Racy & K~ ng Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ;10 No,'ch I-~ ; ALTER THE COVERAGE AFFORDEO ~Y THE POLICtES BELOW. Denton, TX 76205 ~u,~o 3agoe Pub] tc Coepany, Z~c,/// ..~ ~^:iN?JRERSPhoen~xAFFORDINGInsuranceCOVERAGE 2~625NAIC # B~11 Cheek~,~C~% msuR~Ra; Travelers [nsuranc~'C°. 393S7 ~ ~: .... "' COVERAGES THE POLiCiES OF INSURANCE LISTED bELOW HAVE 13EEN tSSUEU i O T~5 I~'UR~O N~EO A~OVE FOR THE POLLY PERIOD ~DICA~ ED. ~IE8. AGQRE~ L~I~ SHOWN ~Y ~ B~ ~EO SY PNO C~. .~ ,~,~ ~ CAP491D2293 ~ 10/01/02 10/01/03' ~~.. ~,000.000 ~c~~ DH~P4920370 I0/01~2 10/01/2~3 ~c~c~ ~ S~O~OOC w~c~ UB49ZD373* '10/01/ZO02 10/01~3' J~r~J :e~t~f~cate holdeP ~s i~st~ as ~dd~tlona~ ~nsu~. H~3028 SHncer Road Paviflg, Drainage and H~ter l~rov~nts/ Waiver of subrogation in favor of Ci~ of Denton on Workers Comp./ CERTIFICATE HOLDER CANCELLATION Said policy shall not be cancelled,nonreneved or ~atarially changed ~i~hou~ ~O~ys ~dvanced Cit~ of ~nton, its Offlct~ts, ~tC~otice being given to the o~er (City) E~IOy~s a~ Volunt~es/ ~pt?hen. :he policy ts being c~celled for 9018 T~as Strut ~npa~nt t~n:j~.~ys uoCtce.retu~ed ~nt~, ~ 76201 ~~~ P~ ~ ,, ACORO 2~ (2~1~) ~ . v ~ C~T~N 1aSR 7/15/0~ Time: ll:3_~_A~ To: p&yns, ~[ ~' 7- Pa, ge: 003-005 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 ~3e policy, certein policies may require an endorsement. A statement en this certificate does not confer rights to the certificate holder In lieu of such endomement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not cons~tute a Contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, mr does ff affirmatively Or negatively amend, extend or alter the coverage affomled by the policies listed thereon. Item Estimated No. Quantity ADDENDUM NO. 2 SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid Paving Improvements 1 1 L.S. 2 15,300 C.Y. 3 4,200 C.Y. 4 4,200 C.Y. 5 2,158 L.F. 6 7,870 S.F. Prepare Right-of-Way, for the sum of .,/ 7z~.~ --~-,,~/~'~'l~/~llars and' ~ Cents per lump sum. Unclassified Street Excavation, for the sum of · ~ ~,~ Dollars and .~:~r/~/, Cents per cubic~jard. Borrow, complete in place, for the sum of and ~/'~ per cubic yard. Dollars Cents Earthen Embankment, complete in place, for the sum of ~-~,~o Dollars and ~ ~?/~ Cents per culs~c yard. Remove Conc. Curb & Gutter, for the sum of -/-~ Dollars and '7.~ ~'~, Cents per linear foot. Remove Concrete Driveway, for the sum of Dollars and Z.,~,"o Cents per square foot. $. '7, co P-3 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 7 8 10 11 12 6,379 S.F. 4,206 S.F. 35,749 S.Y. 490 TON 34,330 S.Y. 12,855 L.F. Remove Concrete Sidewalk, for the sum of ~ Dollars and ./~ r'~ Cents per square foot. Remove Asphalt Driveway, for the sum of Dollars and -2.~'o Cents per square foot. 6" Stabilized Subgrade, complete in place, for the sum of Dollars and -~.~,'o Cents per square yard. Lime for Stabilization, complete in place, for the sum of /-J;'~-'f;~ Dollars and -' ?..~, Cents per ton. 8" Reinforced Concrete Pavement, complete in place, for the sum of ~-~,P6., ~./..~" Dollars and J ~.-r~d/.--rj. Cents per square yaro. 6" Integral Concrete Curb, complete in place, for the sum of .,Cr.,.,~_ Dollars and 'z~r-u Cents per linear foot. $ c)O. O0 $ P-4 Item No, SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 13 14 15 16 17 18 13,977 3,214 1,768 96,238 17 7,632 6" Reinfomed Conc. Driveway Approach & Transition, complete in place, for the sum of Dollars and [~,,¢~.,,/ Cents per square foot. 6" Asphalt Driveway Transition, complete in place, for the sum of Dollars per squareffoot. Cents 6" Gravel Driveway Transition, complete in place, for the sum of -/-'j,_,~,,z. Dollars and ?.~/'o Cents per square foot. 8' Wide Reinforced Concrete Sidewalk, complete in place, for the sum of .~-~o Dollars and ~'~'b ~¢-~_.. Cents per squar~ foot. EA. A.D.A. Handicap Ramp Including Reinforcing Steel, complete in place, for the sum of :~,'-/-/,,,.,J~'.c~' Dollars and ~,,-o Cents per each. 6" HMAC Pavement Transition, complete in place, for the sum of ,~;~-~- Dollars and' ~ Cents per square yard. $ P-5 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CiTY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 19 2O 21 22 23 24 435 S.Y. 1 L.S. 11 EA. 12 EA. 378 L.F. 1 L.S. Temporaw 4" HMAC Paving, complete in place, for the sum of ~; x~---- Dollars and Z~-,"o Cents per square yard. Pavement Markings & Traffic Buttons, complete in place, for the sum of 4~,...~,,~ Dollars and 7J-.~',. Cents per lump sum. Furnish & Install Traffic Signs, complete in place, for the sum of -,h,,.,~/,,,,~,~.,~ ~,-'wh~,'~ Dollars and f.~'~, ~ Cents per each. Install Pull Box, complete in place, for the sum of · ¢',~./~,~, .~r~(~ ./%,.~-j, Dollars and ?-~ ,'¢ Cents per each. 4" PVC Electrical Conduit, complete in place, for the sum of -~/"~-J,--~- Dollars and ~,"., Cents per linear foot. Traffic Signal Modification @ Loop 288, for the sum of ~-../'Z.~,~ ~,,.-.~ Dollars and z~,,,~ Cents per lump sum. $ ,2, 9/5',c P-6 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 25 26 424 LF. 127 L.F. 6" Concrete Curb Along Ped/Bike Path, complete in place, for the sum of ~¢.-- 0~o1~/'~ Dollars and .~'..~,/ Cents per linear~foot. Sidewalk Fill Wall & Welded Steel Handrail, complete in place, for the sum of o,t,~ (,-,-,,,~/,~,~,c,~,~ -J,*',,~ Dollars and Z~-~"~ Cents per linear foot. Sub-Total Paving Improvements $ //j*~,~o~/,~'- P-7 Item Estimated No. Quantity SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid Storm Drain Improvements 1 10 EA. 2 1 EA. 3 2 EA. 4 7 EA. 5 30 L.F. 6 2 EA. Uncover Exist. Utility Line to Verify Any Conflicts With Proposed Storm Drain Improvements, for the sum of ~,-/~J-'/t~uJr¢~ Dollars and Z.E, fo Cents per each. 20' Recessed Curb Inlet, complete in place, for the sum of ,/4~'~'~, ~,-,~_ ~r~ Dollars and ] '~/',~ Cents per each. 15' Recessed Curb Inlet, complete in place, for the sum of ~-~,v~. ~,.~.- ~ Dollars and -J z~,-~, Cents per each. 10' Recessed Curb Inlet, complete in place, for the sum of ~,-,,~. _,~,,,/- ~.~/,~ Dollars and '~----~ Cents per each. 18" Wide Trench Drain, complete in place, for the sum of ~ A.~ ~P--~_.~ Dollars and ?-~"o Cents per linear foot. 4' x 4' Drop Inlet w/Concrete Apron, complete in place,.for the sum of ~'~,..~.4-.y.,~/~.~ A.~V/~..~ Dollars and 7_e/-,~ Cents per each. P-8 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 7 9 10 11 1 L.S. 1 L.S. 338 L.F. 70 C.Y. 64 L.F. Three Barrel 10' x 7' Cast-in-Place Reinfomed Concrete Box Cutvert, Including Skewed Parallel Wings, Excavation & Backfill, complete in place, for the sum of ~. ~,-,..~ J,-~ ,.,~ Dollars a~ ~ ?~¢'~ Cents per lump sum. Four Barrel 8' x 8' Cast-in-Place Reinfomed Concrete Box Culvert, Including Non-Skewed Parallel Wings, Excavation & Backfill, complete in place, for the su~ of~j[ and ~.,/~> Cents per tump sum. $ Install PVC Coated Chainlink Fence on Box Culvert Headwall, complete in place, for the sum of ¢-J/',-,.~. Dollars and ~__,,~'c) Cents per linear foot. Install Reinfomed Concrete Apron with Toewalls, Including Excavation and Backfill, compl. In pl., for the sum of ~ J-.,~ ~ ~ b~_~ ~'-~o--,Y~ .~,.,e~Dollars and 2_e.~c, J Cents per cubic yard. 54-Inch Class III Reinforced Concrete Pipe Including Excavation, Backfill and Type I Embedment, complete in place, for the sum of ~ ~.~4.,-~ ~,/-~'7 ~'~J~ollars and Z,~,--~ '-' Cents per linear foot. s P-9 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 12 13 14 15 16 631 %016 29 297 709 48-Inch Class III Reinforced Concrete Pipe Including Excavation, Backfill and Type I Embedment, complete in place, for the sum of ~5~,-~/c~,.~J ~.. Dollars and ~..~/~ Cents per linear foot. 42-Inch Class III Reinforced Concrete Pipe Including Excavation, Backfill and Type I Embedment, complete in place, for the sum of C".~f].~ .- ~_.,-,~,-~ Dollars ano --7.~- Cents per linear foot. 36-Inch Class III Reinforced Concrete Pipe Including Excavation, Backfill and Type I Embedment, complete in place, for the sum of $~,-~ ~- ,"~. Dollars and Z.~/~ Cents per linear foot. 30-1nch Class III Reinforced Concrete Pipe Including Excavation, Backfill and Type I Embedment, com~plete in place, for the sum of -~ ~:-~-~/, -~"z.~ Dollars and ~/-~ Cents per linear foot. 27-Inch Class III Reinforced Concrete Pipe Including Excavation, Backfill and Type I Embedment, con~plete in place, for the sum of ~'~/..~ ~_~¢ Dollars and ¢~,--~. Cents per linear foot. $ 3,731, 0 P-10 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 17 18 19 20 21 237 L.F. 899 L.F. 71 L.F. 1 EA. 3 EA. 24-Inch Class III Reinfemed Concrete Pipe Including Excavation, Backfill and Type I Embedment, co_rnplete in place, for the sum of -~ 0 ~"~-~ Dollars and --' "~z~'~ Cents per linear foot. 18-Inch Class Ill Reinforced Concrete Pipe Including Excavation, Backfill and Type I Embedment, complete in place, for the sum of 1/~ ~'J,ff ~ '/-/~. Dollars and ~zz/~, Cents per linear foot. 18-Inch Class IV Reinforced Concrete Pipe by Boring Including Pressure Grout, complete in plac. e, for the sum of -fZ.,,-~-,,¢.~/~'~',~_.~ Dollars and 2.Z~"~, Cents per linear foot. 6' x 5' Reinforced Concrete Junction Box Including Excavation, Backfill and Embedment,. complete in place, for the sum of -~'/.-/~-- ~',/-~'J~',~' Dollars and z.~/,:, Cents per each. 6' x 6' Reinforced Concrete Junction Box Including Excavation, Backfill and Embedment, complete in place, for the sum of .~,~ ~.~- '~,L,~---5 ~ Dollars and t.~--~> Cents per each. $33.0o P-11 Item No. SPENCER ROAD PAVING, DRAINAGE &WATERIMPROVEMENTS CITY OFDENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 22 23 24 25 26 27 2 EA. 5 EA. 1 L.S. EA. 2 EA. 380 L.F. 5' x 5' Reinfomed Concrete Junction Box Including Excavation, Backfill and Embedment, complete in place, for the sum of ./-J,.r~'~,. ~ J,~.,.~-8 f'~.~ Dollars and / ~¢,'¢ Cents per each. 4' x 4' Reinfomed Concrete Junction Box Including Excavation, Backfill and Embedment, complete in place, for the sum of -/'~ .~.~./~,-/,.~,.u-.~ ~, ~-h. Dollars and '~ ~-~'~ J Cents ' per each. Reinfomed Concrete Sloped Headwall for 2-18" RCP, compl, in pl., for the sum of ~r,-J..~.~. ~C,,,.~ ,,',,~ Dollars an~d Z~/'~. Cents per lump sum. Type II Concrete Safety End Treatment for 2-24" RCP, compl, in pl., for the sum of ~ ,~--~.~/w. ~ ~ //. ¢ ~ Dollars and ~..~f~ Cents per each. Type II Concrete Safety End Treatment for 24" RCP, compl, in pl., for the sum of 5'~,*-/-,-,~,~/~ Dollars and "Z~,"~ Cents per each, Grade Ditch to Drain, complete in place, for the sum of, .~.~,.~_ Dollars and z.~_~o Cents per linear foot. P-12 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 28 29 3O 31 32 33 1 EA. 4,191 L.F. 919 C.Y. 254 C.Y. 561 L.F. 1 L.S. Adjust Exist. Storm Drain Manholes to Final Grade, complete in place, for the sum of ~-/--,~e, ["~,,~,-~r,~ Dollars and ?..~/',, Cents per each. Trench Safety Systems for Storm Drain Line Installation (Greater than 5' deep), complete in place, for the sum of 0/,-~ Dollars and Z~./'o Cents per linear foot. Unclassified Channel Excavation, complete in place, for the sum of .~_,,~' Dollars and ~ Cents per cubic yard. Furnish & Install Gabions, complete in place, for the sum of ~,~'.,.~, Dollars and "?~J'o Cents per cubic yard. Remove & Dispose Existing Storm Drain Pipe and Culvert Pipe, for the sum of dl"~',--- Dollars and -?_.,~'~. Cents per linear foot. Remove & Dispose Existing Culvert Headwalls & Aprons, for the sum of /-~e,~'~7 ~;,~_ ),-z~-~/,-,~/ Dollars and ~,-o Cents per lump sum. Sub-Total Storm Drain Improvements $ ~O~ ~G~. CO P-13 Item Estimated No. Quantity SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid Utility Improvements 1 2 EA. 2 535 L.F. 3 129 L.F. 4 4 EA. 5 3 EA. 6 1 EA. Remove & Salvage Existing Fire Hydrant & Gate Valve, for the sum of f-r ~r. A-~-~'/,¢~ Dollars and 7.~o Cents per each. 8" PVC Water Pipe (DR18, Class 150), complete in place, for the sum of' .~O~.~'.~ Dollars and 'z~o Cents per linear foot. 6" PVC Water Pipe (DR18, Class 150), complete in place, for the sum of ¢~',d.,r~.,~-~ Dollars and J --z~f~ Cents per linear foot. 8" Gate Valve and Valve Box, complete in place, for the sum of ~.~/~J,d./~A, Dollam and -~..,% J Cents per each. 6" Gate Valve and Valve .Box, complete in place, for the sum of -~-,-~_/-~.~'.~ .(,~'~,,,~ Dollars and -~_~._.-.~ J Cents per each. 8"x8" Tapping Sleeve & 8" Tapping Valve, complete in place, for the sum of .~ _~..~..~ ~.,.~ Doflars and ;~.,~/'~ Cents per each. $ oo P-14 Item No, SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 7 8 10 11 12 2 2,477 30 6 EA. EA. LBS. EA. EA. EA. 8"x6" Tapping Sleeve & 6" Tapping Valve, complete in place, for the sum of .l-.~P,-z.~ A ~-~-~0 Dollars and '~,¥ Cents per each. Furnish Fire Hydrant Assembly to be Installed by City, for the sum of ~ ~(-~ ~ ,~¢,A ~;'-f~'¥ Dollars and 7-~.~" ~ Cents per each. Furnish & Install Ductile Iron Fittings, complete in place, for the sum of ~...~ ~ Dollars and _/'~ ~, Cents per pound'. Adjust Exist. Water Valve to Final Grade, complete in place, for the sum of .,/-~ ~_ /..,,,,-~/~ Dollars and Z.~,/~ Cents per each. Adjust Exist. Fire Hydrant to Final Grade, complete in place,, for the sum of ~,.~, ~b-.~:~-~r~/.~ Dollars and 7~'~ / Cents per each. Install New 1" Water Service & Transfer Water Service to Meter, complete in place, for the sum of and X~¢~'o Cents per each. $ ~', 0OC~, bo P-15 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 13 14 15 16 17 18 6 EA. 97 170 204 EA. EA. Relocate Exist. Water Meter & Install New Water Meter Box, co~mplete in place, for the sum of ~-~,.~ (,,.-.~b-~0 Dollars and 'z~'o Cents per each. $ Relocate Exist. Air Release Valve, complete in place, for the sum of ~fJ.~ J,~'e~t Dollars an~] Zz,,',~ Cents per each. $ oObO. 0o 2,000 PSI Concrete Encasement, complete in place, for the sum of 1Lt~],~e~ Dollars and ~-.,~'c, Cents per linear foot. Trench Safety Systems for Water Line installation (Greater than 5' deep), complete in place, for the sum of a-.e_ ' Dollars and Z~,"P Cents per linear foot. Lower Exist. Water Line 2' Below Proposed Structures, compl, in pl., for the sum of -/'J' ~ "~ ~/~',-'c Dollars and ~.,,'p Cents per linear foot. Proposed Water Main Crossing per City Detail W301, compl, in pl., for the sum of ,/~z~ ~-.~ ~,-~ Dollars and ~.~,,'c, Cents per each. $ ,~0~ O~ P-16 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 19 2O 21 22 23 24 2,322 4,860 64 EA. EA. LBS. 18" Reclaimed Water Pipe (DR-18, Class150), complete in place, for the sum of ~¢f~ Dollars and ~r~, Cents per linear foot. $ /--/(;;).CD 18" Double Disc Gate Valve & Valve Vault, complete in place, for the sum of ~,/'~"~ -/-~.~-,~,.,,~ Dollars and ~_~f,, Cents per each. $ 6" Combination Air Valve & Valve Vault, complete in place, for the sum of ~ L4-' ~ Dollars an~ ~.~,'o Cents per each. $ ~, Oo,,,O-~ 18" Ductile Iron Fittings, for the sum of .~L.~.~- Dollars and ~_x'o Cents per pound. 2,000 PSI Concrete Encasement, complete in place, for the sum of .,C,..,~,~ Dollars and Z.--~ Cents per linear foot. $ Abandon Exist. 18" Reuse Water Line, for the sum of $;Y~ J"/'~s ~ Dollars and ~,,'o Cents per lump sum. Sub-TotalWater Improvements $ ~ ~'7~,, ~'~ P-17 Item Estimated No. Quantity SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid Miscellaneous Improvements 1 1 L.S. 2 22,388 S.Y. 3 625 S.Y. 4 20 EA. 5 3,741 L.F. 6 213 L.F. Parkway/Yard Restoration with Topsoil, complete in place, for the sum of ,~.~ ~-~v.~m~-, Dollars and 'Z~,-~ Cents per lump sum, Solid Sod with Bermuda and/or St. Augustine Grass, complete in place, for the sum of 1H~,,.~o Doltars and .F~'.-.~. ~ Cents per squareIyard. Hydmmulch Seeding, complete in place, for the sum of ~,.-',~ Dollars and ..~;-~/~,. Cents per square/yard. Furnish & Install Two (2") Caliper Tree, complete in place, for the sum of o,,.~/.-u-,,~ ~-.~, .,~'. ,~: Dollars and 7.,~.,/'~ J ! Cents per each. Remove Exist. Fence, complete in place, for the sum of ¢u.~, Dollars and ~, -(:¢-~ Cents per linear foot, Install 6' High Chainlink Security Fence With 3-Strands of Barb Wire on Top, complete in place, for the sum of /'~.~._~ Dollars and ~ ~f~-,,-...--.~' Cents per linear foot. $/4~, ~/~- $ cs' P-18 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER iMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 8 9 10 11 12 2,166 84 L.F. 125 Install 5' High Chainlink Fence, complete in place, for the sum of ~.";,~W' Dollars and "Z~,'~ Cents per linear foot. Install 5-Strand Smooth Wire Fence, complete in place, for the sum of ~/-~_~ ~ Dollars and ,5'i','~' ~.c,.L,t Cents per install 5' High Wire Fence With Wire Mesh & 2-Strands of Smooth Wire on Top, complete in place, for the sum of .~'T'~- Dollars and .,~.,~_...,,~ jO, ~- Cents per linear foo~. Mobilization, for the sum of ¢,,~/~,¥.~,~/-/~ ,-,( Dollars and .~ ,,.,~ Cents per lump sum. L.S. Barricades, Signage and Traffic Control, .,[~¢.h~for the sum of ~ and Z~,-,, Cents per lump sum. L'.S. Erosion Control; complete in place, for the sum of -~e,-.-#,-"~'~,..//,+..,~.~/e?t.~b~ ~ Dollars and ?.~,-o Cents per lump sum. P-19 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 13 14 2 EA. 2,470 L.F. Project Sign, complete in place, for the sum of J¢'~¢.~ Dollars and Z.t.~'o Cents per each. Install Temporary Fence, complete in place, for the sum of Dollars and ~.~.~O Cents per linear foot. Sub-Total Miscellaneous Improvements P - 20 SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Item Estimated Description of Items With Bid Unit Total No. Quantity Unit Prices Written in Words Price Amount Bid Alternate Improvements The selection of the following Alternates shall be invoked at the sole discretion of the Owner. The materials and methods of construction involved shall be determined after the receipt, tabulation and evaluation of bids. 1 49O TON 2 631 L.F. 3 1,016 L.F. Cement for Stabilization, complete in place, for the sum of ~..~ ~z.-,.~.P,.~v_.~-,~,,~ Dollars and '~.~/',. ~ Cents per ton. 48-Inch Type 2 Aluminized Pipe Including Excavation, Backfill & Type I Embedment, complete in place, for the sum of ~, ~.,~_v. J'~,~ Dollars and ~Jz.,~ Cents per linear foot. 42-Inch Type 2 Aluminized Pipe including Excavation, Backfill & Type I Embedment, complete in place, for the sum of 5;:',~% ,,L~,~- Dollars and ?z~,,', Cents per linear foot. $ 4 29 L.F. 5 297 L.F. 36-Inch Type 2 Aluminized Pipe including Excavation, Backfill & Type I Embedment, complete in place, for the sum of -~', ,('-~ Jr'~, Dollars and z~--o Cents per linear foot. 30-Inch Type 2 Aluminized Pipe Including Excavation, Backfill & Type I Embedment, com£1ete in place, for the sum of -,~/~..,,d~ ~o.' Dollars and ~,-~ Cents per linear foot. P - 21 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 8 10 11 709 L.F. 237 L.F. 899 L.F. 2,166 L,F. 34,445 S.Y. 30,879 S.Y. 27-Inch Type 2 Aluminized Pipe Including Excavation, Backfill & Type I Embedment, complete in place, for the sum of ~r4,.~r47 ~,,~-,,.~ Dollars and ~ Cents per linear foot. 24-1nch Type 2 Aluminized Pipe Including Excavation, Backfill & Type I Embedment, complete in place, for the sum of J-f~-...~ 4¢~ ,.~.- Dollars and J~,-~ Cents per linear foot. 18-Inch Type 2 Aluminized Pipe Including Excavation, Backfill & Type I Embedment, complete in place, for the sum of J., .,J~-, a,~. ,-.~ Dollars and J~¢_/~, Cents per linear foot. Install 5' High Welded Steel Pipe Rail Fence With Home Wire Mesh, complete in place, for the sum of Dollars and Z.~ Cents per linear foot. 3" Thick Type "A" HMAC Incl. Prime Coat, complete in place, for the sum of .~,,.~_ Dollars and ~..~.¢~. ~'4]-'~ Cents per squire ~;drd. '~ 4" Thick Type "A" HMAC Incl. Tack Coat, complete in place, for the sum of ;~a~,~- Dollars and ¢'c~.~ Cents per square yard. $ P - 22 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid 12 13 30,879 S.Y. 11,968 L,F. 2" Thick Type "C" HMAC Incl. Tack Coat, complete in place, for the sum of ~(~-~ Dollars and ~,'~, ~_. Cents per squar~e yard. 6" Curb and 18" Gutter, complete in place, for the sum of ~¢,_L~ Dollars arr~l ../-~J,..~., ~*;,a~ Cents per linear fod't. P - 23 Item No. SPENCER ROAD PAVING, DRAINAGE & WATER IMPROVEMENTS CITY OF DENTON Estimated Quantity Description of Items With Bid Unit Unit Prices Written in Words Price Total Amount Bid RECAPITULATION OF BIDS: Sub-Total Paving Improvements Sub-Total Storm Drain Improvements Sub-Total Utility Improvements Sub-Total Miscellaneous Improvements TOTAL AMOUNT BID P - 24 BID SUMMARY TOTAL BASE BID PRICE IN WORDS -F'c,~o Alternate Bid Items: The alternate bid items may be added to the total base bid prior to award of a contract. Award of the contract will be based on items actually included in the Project. The decision to add the alternate items listed will be solely at the discretion of the City. The lowest responsive Proposal for purposes of award shall be the conforming responsible Bidder offering the lowest aggregate mount for the base bid plus those alternate bid items providing the most features of the work as selected by the City. The City may or may not choose to incorporate any or all of the alternate items listed in the Proposal. Total Working Days: Time is of essence for this project; therefore, Phase 1 (Brinker Road to Loop 288) of Spencer Road shall be substantially completed and opened to traffic .no later than September 30, 2003. The Bidder agrees to complete the remaining phases (Phase 2 through Phase 7) within an additional Working Days. Project Site Visit: The undersigned has examined the location of the proposed work, the plan drawings, specifications, and all other parts of these documents and is familiar with the local conditions at the place where the work is to be performed. Acknowledged: Si~gna~'mre Date Visited Site In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the proposed work shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Owner and Engineer. \\mpproj\proj ects\LDD~DEN02182\docs~specs\New Specs\Proposal.doc P - 25 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 in words as shown for each item listed in this Proposal, shall control over numeric prices and extensions. Receipt is hereby acknowledged of the following addenda to the~and sp/eei)fications: Addendum No. 1 dated ~'""//~,~--~3 Received'~---~'/"/ -- ~'--/~"--O3 Received Addendum No. 2 dated Addendum No. 3 dated Addendum No. 4 dated Addendum No. 5 dated Received Received Received Printed Name & Title Street Address City, State, Zip Telephone Number Fax Number \\tnpproj\proj eCls\LDD\DEN02182\docs\specs\New Specs\Proposal.doc P - 26 Seal & Authokization (If a Corporation): \\mpproj\projects\LDD\DEN02182\docs\specs\New Specs\Proposal.doc P - 27