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2001-363ORDINANCE NO ~00/' ~. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING IMPROVEMENTS ON DUNCAN AND NEFF STREETS, PROVIDING FOR THE EXPENDITURE OF FUNDS TFIEREFORE, AND PROVIDING AN EFFECTWE DATE (BID 2719 - DUNCAN AND NEFF STREET PAVING AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $65,603 25) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvement 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 respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, and WHEREAS, Section 271 905 of the Local Government Code allows the City to award a contract tO a bidder having its pnnmpal place of business in the City if its bid is within three per cent of the lowest bid price received from a nonresident bidder if the governing body determines in writing, that the local bidder offers the City the best combination of price and additional economic development opportunities for the City created by the contract award, including the employment of residents of the City and increased tax revenues to the City, and WHEREAS, the City Manager or a designated employee has reviewed the heroin descnbed bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" subnntted therefore and represents to the City Council that the herein described local bidder's bid is within three per cent of lowest bid price received from a nonresident bidder, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the following competatave sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on hle in the Office of the City's Pumhasing Agent filed accorchng to the bid number assigned hereto, and, The City Council hereby deternunes that the vendor set forth below has its pnncipal place of business in the City of Denton, Texas, its b~d is within three per cent of the lowest bid price received from a nonresident bidder and such local bidder offers the City the best comblnaUon of price and additional econormc development opportumtles for the C~ty created by this contract award The following numbered bid for construction of a public works project from the below described local bidder and as shown ~n the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved BD NUMBER CONTRACTOR AMOUNT 2719 Jagoe Public Company $65,603 25 SECTION 2 That the acceptance and approval competitive sealed bid shall not consUtute a contract bbtween the C~ty and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply w~th all requirements specified in Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION 3 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 heroin, provided that such contracts are made in accordance with the Not~ce to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conchtlons, plans and spemficatlons, standards, quantities and specified sums contained thereto SECTION 4 That upon acceptance and approval of the above compeutlve sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council t~ereby authorizes the expen&ture of funds in the manner and in the amount as specified ~n such approved bids and authorized contracts executed pursuant thereto SECTION 5 approval PASSED AND APPROVED this . _ This ordinance shall become effective immediately upon its passage and /¢}-¢~ dayof C~, ~/'ff~ ,2001 EULINE BROCK, MAYOR ATTEST, JENNIFER WA. LTERS, CItY SECRETARY B¥~lq'll~d L-..o /~~ e~}o'" [ A VED AS TO LEGAL FORM HERB ERT~~C ~Y ATTORNEY Duncan & NefflStreet Paving Bxd # 2719 CITY OF DENTON August 02, 2001 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THISiAGREEMENT, made and entered into this 18th day of September A D, 2001, by and between City of Denton of the County of Denton . and State of Texas, acting through thereunto duly authonzed so to do, hereinafter termed "OWNER," and Jagoe Pubhc Co 3020 Ft Worth Dnve, P O Box 250 Denton, TX 76202 of the City of Denton., County of termed "CONTRACTOR" Denton and State of Texas , hereinafter 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 m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below Bid # 2719 Duncan & Neff Street Paving ~n the amount of $65, 603 25 _ and all extra work in connection therewith, under the terms as stated ~n the General Conditions of the agreement, and at bas (or their) own proper cost and expense to furmsh all nlatenals, supplies, macbanery, equipment, tools, supenntendence, labor, insurance, and other accessories and serwces necessary to complete the work specified above, ~n accordance with the condmons and prices stated m the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance wuth all the General Conditions of the Agreement, the Special Conditions, the Notice to B~dders (Advertisement for Bids), and Instructions to Bidders, as referenced hereto and on file m the office of the Purchasing Agent, and in accordance w~th the plans, winch includes all maps, plats, bluepnnts, and other drawings and pnnted or written explanatory matter thereof, and the Specfficat~ons therefore, as prepared by City of Denton staff all of wtuch are referenced here~n and made a part hereof and collectively ewdence and constitute the entire contract CA-1 116 Duncan & Neff Slxeet Paving Bid # 2719 CITY OF DENTON August 02, 2001 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an ~ndependent contractor and shall not be deemed to be or considered an employee of the C~ty of Denton, Texas, for the purposes of ~ncome tax, wathholdmg, social security taxes, vacation or sink leave benefits, worker's compensation, or any other C~ty employee benefit C~ty shall not have supervision and control of Contractor or any employee of Contractor, and it ~s expressly understood that Contractor shall perform the services hereunder according to the attached specfficat~ons at the general direction of the City Manager of the C~ty of Denton, Texas, or his designee under this agreement Indemmficat~on Contractor shall and does hereby agree to ~ndemmfy and hold harmless the C~ty of Denton from any and all damages, loss, or habfl~ty of any land whatsoever, by reason of injury to property or third persons occasioned by any error, omission or neghgent act of Contractor, its officers, agents, employees, mvltees, and other persons for whom ~t is legally liable, with regard to the performance of th~s Agreement, and Contractor wall, at ~ts cost and expense, defend and protect the City of Denton against any and all such clauns and demands Choice of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall he m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth m written notace to commence work and complete all work wattun the time stated m the Proposal, subject to such extensions of t~me 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, whmh forms a part of this contract, such payments to be subject to the General and Spemal Condittons of the Contract CA - 2 117 Duncan & Nefl~ Street Paving Bid # 2719 CITY OF DENTON August 02, 2001 IN WITNESS WHEREOF, the part~es of these presents have executed this agreement xn the year and dayi first above written ATTEST BY OWNER ATTEST (SEA[) CTOR APPROVED AS TO FORM CITY ATTORNg'V pr) MAILING ADDRESS c/'~o ~ ~2_ - z J-,C/ PHONE NUMBER FAX Nfl~JMBER TITLE PRINTED NAME (SEAL) CA- 3 118 Duncan & Neff ~treet Paving Bid # 2719 CITY OF DENTON Augtmt 02, 200I CONTRACT DOCUMENTS Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid # 2719) and Duncan & Neff Street Paving, and having examined the prermses and mrcumstances affecting the work, the undersigned offer OFFER 1 To furmsh all labor, material, tools, eqmpment, transportatmn, bonds, ali applicable taxes, mcldentals, and other famhtms, and to perform all work for the said Sherman Drive Stone Matrix Asphalt Overlay for the following area BASE BID - Duncan & Neff Street Paving In words ~ .~9.~ .,z~. ~.--,4 .v ~ ~-d ~ ~//~.<~ ~ D~c~ & NeffS~eet Pa~ng WORKDAYS 25 Days I01 ' Neff Paving Bid ['~o BID TABULATION SHEET P O No --  Y Umt Umt Price ~ ~or~ Bromon Cobol [ ~ I .... ~t ~ ~ Words ~ // w & ¢ s ¢7 , $ ~ .~ Umt Price h Words 7'~~h~tPav..t T eC) 9~ o.. z~_~:~ ~. Umt Prm~ h Words 1 B~cade~mg S~d ~tours . ~J~ o . q ..... $ ~o, co ~~ords ~ ~ /~ ~ 8P-15-B $ /~o. ~u 8P-39 , $ 6~ _~ ~t P~ ~ Wor~ / ~o SP-43$ . o 0 P-45 , $ ~¢. o0 Umt Pnc~ ~ Words Umt Pno~ In Words TOTAL Duncan Drive Pavag B~d No BID TABULATION SHEET P 0 No Umt Price In Words ~"~'~ ,- Unit Pn~ ~ Words 3 12 Tem or~mst~on~oI S 7-A $ ~t Prme ~ Wor~ Umt Price ~ Words SF-15-A ustValvcBox I ~ / EA Unit Pmce ~ Words SP-39 Unit Price In Words Cut Unit Price In Words Oo lEA 70 3,00 /LF t) oe~ $P-44 Mill Unit Pnco In Words / SY $ '~P-45 ),Broom Umt Price In Words / $ $ TOTAL PKOYECT Duncan Drive Paving NeffPawng TOTAL BID SLrMI~ARy WORK DAYS 25 BID Both paving sections vall be awarded to one contractor Award ofbzd wxll be based on the total Thc two scctons are being separated for bookkeeping purposes Workdays will be kept separately on each section of the project 104 Duncan & Neff Street Paving B~d # 2719 CITY OF DENTON August 02, 2001 Project Total Cost MAT~S BXAM/NATIgN OF SITE By s~mg the Proposal Form, contractor acknowledges he ~s an anthonzed representatave and has examined the s~te and as aware of ail field cond~taons, winch may affect the work TAXES Tax shall no~ be included m your bad Upon receipt of noti~ of acceptance of tins bad, wathm thmy (30) days of the date of tins proposal, I (or we) agree~ tp ~eeute the formal contract wattun ten (10) days thereafter, and to dehver an Insurance Certaficate, a ~Lfi[ETY BOND m the amount of ONE HUNDKED and TEN PERCENT (110%) of the contract price for the fmthful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY~ PAYMENT BOND The undersigned agrees to complete all work shown on the drawings and m the specaficat~ons w~thm the tame lumts set forth below subject to adchtaonal days that may be added due to inclement weather and/or other Justafied and reasonable extensions or tune as may be approved by the Owner Contractors that are awarded contracts shall be prepared to munedxately sat down vath the C~ty of Denton Kepresentatlves and present a plan that will illustrate how progression of work ~s to take place to insure completaon of all work w~tlnn specified tune lun~ts The tune hrmts are as follows All work ~s to be started and completed w~tinn 25 (twenty five) work days Work days are defined m the Supplementary Concht~ons If a contractor ~s awarded the project, the project must be completed w~than the dates shown above or the contractor will be subject to hquadated damages as set forth below A working d~ylas defined as a calendar day, m winch weather or other condmons not under the control of the company wll perrmt the performance of the prmmpal umts of work underway for a continuous period of not less than seven (7) hours between 7 00 A M and 6 00 P M The undermgned agrees that the Owner may retain the sum, as prescribed m the North Texas Council of Govemment~ General Prowsaons, from the amount to be paxd to the undermgned for each calendar day that the work contemplated remains incomplete beyond the tune set forth, Sundays and hohdays INCLUDED Tl-as amount as agreed upon as the proper measure ofhqmdated damages winch the Owner will sustain per day by failure of the undersxgned to complete the work at the stipulated tame, and ~s not to be, construed m any sense as a penalty Duncan & Neff Street Paving B~d # 2719 CITY OF DENTON August 02, 2001 Payment vail be made to the contractor wlfmu thurty (30) days after receipt of proper invoice and written acceptance of pro3 eot f~om thc Owner's representatlve, all required material invoices, documentation, etc and all written warran'aes from both contractor and manufacturer I (or we) agree to promptly furmsh a correct and current fmanmal statement of condition with a hst of owned eqmpmcnt and an expenence record of completed projects for examination by Owner and architect, ff same m reqmred SEAL (If by Corporation) RESPECTFULLY SUBMITTED BY (Title) Denton. Tx 78202 106 Duncan & NefflStreet Paving Bond No 111-3349-5790 2719 CITY OF DENTON August 02,2001 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON § KNO~ ALL MEN BY THESE PRESENTS That Jagoe Pubhc Company whose address 3020 Ft Worth Drive, P O Box 250, Denton, TX 76202 hereinafter called Principal, anc~ ASSOCIATED INDEMNITY CORPORATION a corporatlonlorgunlzed and existing under the laws of the State of California , and fully ' authorized to ~transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a ¢aunmlpal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, m the penal sum of S~xty Five Thousand, Six Hundred and Three DOLLARS and Twen ,ty F~ve cents ($ $65, 603 25 ) plus ten percent of the stated penal sum as an addmonal stun of money representing addlUonal court expenses, attorneys' fees, and hquldated damages arising out of or connected wxth the below identified Contract, tn lawful money of the United States, to be gard m Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby brad ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatmally be increased by the amount of any Change Order or Supplemental Agreement, winch increases the Contract price, but in no event shall a Change Ordei or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered Into ~ certain Contract, Identified by Ordinance Number 2001- 363, with the City of Denton, the Owner, dated the 18m day of September A D 2001 , a copy df which m hereto attached and made a part hereof, for B~d #2719 Duncan & Neff Street Paving NO,W, THEREFORE, ~fthe Pnnclpal shall well, truly and faithfully perform and fulfill all of the undertahr~gs, covenants, terms, conditions and agreements of said Contract in accordance w~th the Plans, Spemfieatlons and Contract Documents during the ong,nal term thereof and any extension thereof winchlmay be granted by the Owner, with or w~thout notme to the Surety, and during the life of any guaranty or warranty required under flus 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 smd Contract that may hereafter be made, notice of winch modifications to the Surety being hereby ~atved, and, if the Prmclpal shall reparr and/or replace all defects due to faulty materials and workman{inp 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, ~fthe Prmmpal shall fully ~ndemmfy and save harmless the uwner from all costs and damages which Owner may suffer by reason of farlure to so perform herelfi and shall fully reimburse and repay Owner all outlay and expense winch the Owner may incur in ~aklng good any default or deficiency, then this obligation shall be void, otherwase, ~t shall remain in full force and effect PB - 1 119 Duncan & Neff,Street Paving B~d # 2719 CITY OF DENTON August 02, 2001 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton~ County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficattons, Drawings, etc, accompanying the same, shall in anywise affect its obhgat~on on flus Bond, and ~t 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 Th~s Bond is given pursuant to the provm~ons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undermgned and designated agent is hereby designated by the Surety here~n as the Resident Agent in Denton County to whom any reqmmte notices may be delivered and on whom servme of process may Ibc had in matters arising out of such suretyship, as provided by Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tlus instrument ~s executed ~n ?our shall be deemed an original, this the 18th day of September , 2001 copies, each one of which ATTEST SECRETARY - PRINCIPAL ~/t¢~ PRESIDENT ATTEST SURETY ASSOCIATED INDEMNITY CORPORATION Rosomsry Weaver The Resident Agent of the Surety ~n Denton County, Texas for dehvery of notice and serwce of the process is NAME Wmllis of Texas, Inc - Rosemary weaver STREETAdDDRESS ~3355 Noel Road, Suite 400, DalJas, TX 75240-66J2 (NOTE Date of Performance Bond must be date of Contract give a person's name ) PB - 2 If Remdent Agent ~s not a corporation, 120 Duncan & Neff Street Paving Bid # 2719 CITY OF DENTON August 02, 2001 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Jagoe Pubhc Company, whose address ,s 3020 Ft Worth Drive, P O Box 250, Denton, TX 76202 hereinafter called Principal, and ASSOCIATED INDEMNITY CORPORATION ' , a corporatxon orgamzed and ernst,rig under the laws of the State of Calxforn~aand fully authorized to transact business ~n the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporaUons who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Sixty Five Thousand, Six Hundred and Three DOLLARS and Twenty F~ve cents ($65, 603 25), in lawful money of the Umted Stated, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement wtuch increases the Contract price, but in no event shall a Change Order or Supplemental Agreement wluch reduces the Contract price decrease the penal sum of this Bond THE ,OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnncipal entered into a certain Contract, ~dentlfied by Ordinance Number 2001-363, vath the City of Denton, the Owner, dated the 18t~ day of September A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2719 Duncan & Neff Street Pawng 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 mgdfficattons of smd Contract that may hereafter be made, notice of which modfficatmns 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 th~s 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 t~me, alteratmn or adchhon 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 anyvase affect its obligation on this Bond, and it does hereby wmve 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, Specfficatlons, Drawings, etc PB - 3 121 Duncan & N¢fflStreet Paving B~d # 2719 CITY OF DENTON August 02, 2001 Th~s ]Bond m g~ven pursuant to the prows~ons of Chapter 2253 of the Texas Government Code, as amended, ~and any other apphcable statutes of the State of Texas The dndemgned and designated agent as hereby designated by the Surety hereto as the Resident Agent m Dep_ton County to whom any requmte notmes may be dehvered and on whom service of process may be had m matters arising out of such surety, as prowded by Arttcle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, thru ~nstmment m executed ~n 4 cop~es, each one of which shall be deemed an original, thts the 18th day of_September, 2001 ATTEST PRINCIPAL SEdRETARY / PRESIDENT ATTEST SURETY ASSOCIATED INDEMNITY CORPORATION Posemary Weaver 7he Rcs~dentl Agent of the Surety ~n Denton County, Texas for dchvcry of notmc and servme of the process ~s NAME W~l~is of Texas~ Inc. - Rosemary Weaver STREETADpKESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, gtve a person's name) PB - 4 I22 Duncan & Neff[Street Pavmg Bid # 2719 CITY OF DENTON August 02, 2001 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is chrected to the insurance requirements below It is highly recommended that bidders confer w~th their respective insurance earners or brokers to determine an advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided hereto If anlapparent low bidder fails to comply strictly with the insurance requirements, that b~dder 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 habdlOes of the Contractor, the Contractor shall provide andI 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 notffieatmn 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 clarfficatlonl 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 submatted with the bid Contractor shall not commence any work or deliver any material until he or she receives notlficaUon 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 speeffications throughout the duration of the Contract, or longer, if so noted Each policy shall be issued by a company authorized to do bus~ness ~n the State of Texas w~th 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 r~tentlons w~th respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, clmm adrmmstratlon and defense expenses Liability policies shall be endorsed to provide the following Name as additional insured the City of Denton, xts Officials, Agents, Employees and volunteers That such insurance is primary to any other insurance available to the additional 123 Duncan & Neff S~eet Paving B~d # 2719 CITY OF DENTON August 02, 2001 insured with respect to claims covered under the pohcy and that th, s ~nsurance apphes separately to each insured agmnst whom clmm ~s made or suit ,s brought The Inclusion of more than one insured shall not operate to increase the Insurer's limit of habfl~ty · All pollmes shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT $0 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 ~nsurance be provided under a clmms~made form, Contractor shall mmntatn such coverage continuously throughout the term of this contract and, w,thout lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term which g,ve rise to claims made after expiration of the contract shall be covered Should any of the required insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence hm~ts or obtain Owners and Contractors Protective Liability Insurance Should any required insurance lapse dunng the contract term, requests for payments 0nglnatang after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as reqmred by this contract, effective as of the lapse date If insurance is not reinstated, City may, at Its sole option, terminate this agreement effecnve on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance pohc~es proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these add~tl0nal specfficatmns throughout the duration of the Contract, or longer, ~f so noted [X] A General Liability Insurance: General Llablhty insurance w~th combined single hmlts of not less than $1,000,000 shall be provided and mmntalned 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 Lmbihty form (ISO Form CG 0001 current edition) is used · Coverage A shall include premises, operations, products, and completed 124 Duncan & NefflStreet Pavmg B~d # 2719 CITY OF DENTON August 02,2001 operaUons, 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 Iftha 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 hablhty and broad form property damage liability [3[] Automobile Lmbflity Insurance: Contractor shall provide Commercial Automobile Llablhty insurance with Combined Single Limits (CSL) of not less than $500~000 either in a single policy or in a combination of basra and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, mmntenance and use of all automobiles and mobile equipment used m conjunction wath this contract SansfacUon of the above reqmrement 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 mmntmn Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Lmblt~ty limits of at least $100,000 for each accident, $100,000 per each employee, and a $5001000 policy limit for occupational disease The City need not be named as an "Addatlonal 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 bmldlng or construction projects, the Contractor shall comply w~th the provisions of Attachment I in accordance w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) 125 Duncan & Neff Street Paving B~d # 2719 CITY OF DENTON August 02, 2001 [] [] Owner's and Contractor's Protective L~abfl~ty Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under th~s contract, an Owner's and Contractor's Protective Liability insurance pohcy naming the C~ty 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" basts, and the policy shall be issued by the same insurance company that carries the Contractor's habfllty insurance Pohcy hm~ts will be at least combined bodily lnjmy and property damage per occurrence with a aggregate Fire Damage Legal L:abfllty Insurance Coverage is reqmred if Broad form General Lmbfllty is not promded or is unavailable to the contractor or ff a contractor leases or rents a pomon of a City building Limits of not less than each occurrence are reqmred [] Professional Liabdlty Insurance Professional habfllty insurance w~th hmlts not less than per claim with respect to negligent acts, errors or omissions an connection wath professional services as required under this Agreement [] Builders' Pask 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 servme agreements If such addxttonal insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specfficatlons 126 Duncan & NeffStreet Paving Bid # 2719 CITY OF DENTON August 02,2001 ATTACHMENT 1 IX] Worker's Compensatmn Coverage for Building or Construction Projects for Gov6rnmental Entrees A DefinlUons B C D E Certaficate of coverage ("cert~ficate")-A copy of a certificate of insurance, a certificate of authority to self-~nsure ~ssued 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 entaty's employees prowdlng services on a project, for the duration of the project Duration of the project - ~neludes the time from the begmmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental enmy Persons prowdmg services on the project ("subcontractor" ~n §406 096) - includes all persons or entnles performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectty vath the contractor and regardless of whether that person has employees Th~s includes, wlthont limnatton, 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" ~nelude, wnhont hmnaUon, prov~chng, hauhng, or dehvenng eqmpment or materials, or providing labor, transportation, or other service related to a project "Services" does not tnclude aCtlwt~es unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable toalets The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and fihng of any overage agreements, whtch meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor prowchng services on the project, for the duration of the project 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 duratton of the project, the contractor must, prior to the end of the coverage period, file ~ new certxfieate of coverage w~th the governmental entity showing that coverage has been extended The contractor shall obtain from each person providing services on a project, and prowde to the governmental entaty 127 Duncan & Neff IStreet Paving B~d # 2719 CITY OF DENTON August 02, 2001 F G H (t) a eertfficate 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 servmes on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage shovang extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project The contractor shall retmn all reqmred certificates of coverage for the duration of the project and for one year thereafter The contractor shall not~fy the governmental entity in writing by certified mall or personal delivery, w~thm 10 days after the contractor knew or should have known, of any change that materially affects the prowsmn of coverage of any person providing services on the project The contractor shall post on each project site a notice, m the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons prowdlng services on the project that they are reqmred 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 mounts and fihng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees prowdmg services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beglnmng work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person prowdmg serrates 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 extanSlOn of coverage, if the coverage period shown on the current certificate of coverage ends dunng the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certfficate 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 cemficate of coverage ends during the duration of the project, 128 Duncan & Neff Street Paving Bid # 2719 CITY OF DENTON August 02, 2001 (5) retmn all requared cemficates of coverage on file for the durataon of the project and for one year thereafter, (6) notify the governmental entaty in writing by certified mall or personal dehvery, w~thtn 10 days after the person knew or should have known, of any change that materially affects the provaslon of coverage of any person providing services on the project, and <7) contractually reqmre each person wlth whom at contracts, to perform as reqmred by paragraphs (1) - (7), w~th the certificates of coverage to be provided to the person for whom they are provadmg sen/aces By sagnang thas contract or provadmg or causing to be provided a certificate of coverage, the contractor as representing to the governmental entity that all employees of the contractor who v~ll provide sen/roes on the project wall be covered by workers' compensataon coverage for the durataon of the project, that the coverage will be based on proper repo~ng of elassaficatlon codes and payroll amounts, and that all coverage agreements wall be filed wath the appropraate insurance carrier or, in the case of a self- insured, with the commassaon's Davlslon of Self-Insurance Regulation Provldang false or mlsleadang lnfonnataon may subject the contractor to admlmstratave penaltaes, criminal penalties, cavil penalttes, or other mvfl actions K The contractor's faalure to comply with any of these provlstons ts a breach of contract by the contractor which entitles the governmental entaty to declare the contract void if the contractor does not remedy the breach within ten days after receapt of notme of breach from the governmental entity Bid 2719 - Duncan & Neff Street Pawng 129 W lhs Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we ~r agoe- P'c~311e Co~panY ~s principal, hereinafter cai~ed the Prlnctpa[, and (He.[nsa~Minameand addressorlegNtttle°f Sum~) a corporation du~y or~amzed under the laws of the State of as Surety, ~herem~fter c~lied the Surety~ ~re held ~nd firmly bound unto ~s Obh~ee, hereinafter cslled the ObhSee, m the sum of FiVe ~e~cen~ o~ ~he ~moun~ Bt~ ...... Dollars ($ for ~he payment of wh~c~ sum we~ ~nd truty to be made, the smd PnnctpaJ and tBe satd Surety, brad ou~setves, our ~etrs, executors, admmtstrators, successors and assigns, jointly and sever~tty, these presents WHEREAS, the principal h~s submitted a bid for (Herelnse~fultname nd the Pnnmpal shall enter into a Contract w~th .... L~lI accent the b~d of the Principal a~ L -~- as ma,, be specified in the biddin$ or NOW THEREFORE !f the u~l,$.e~e_ ~:~s of T~ch b,d, and 8we such bon~ or oon~of suc~ Con.act and for the prompt ~e Obll~ee In accoraanc~ wttn,tn~--~clent sure~ for ~e faithful p~n~rman~. ~f ~e failure of the Prmctpat to ?~er tract Documen~ w~th ~ooa anu ~-,,, rosecubon thereof, or m ~e e~,~ ~ .- ~ ~erence not to exceed the C~n~ of labor and ma~naJ furn?he~_ in~e ~the Prmdpat shall pay to the ~t,ge~,~'Ob ,~ee may ,n 8ood fa,th P~Y~"~ ~ .... , -nd rove such bond or oonu~, .... ,~ ~ J -~ such lar~er amount TOt winch, u,,~. ~' ~-~ void othe~me such ~nu.~] ~-~.~-n ~e amount specified m sa~ mu,~,_,~._,~ bid then ~Js obligation sn~lt De nu. .... penaJW nereoi u~ ~ ...... ~orm the Work covered oy ~,~ , con[rBct with another par~y ~ to .emaJn in full force and effect. 2 0 0 ' day of Sl~ned and sealed this E~goe-P~l[c Company (Wltn~ ~~ne¥" in-Face FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN B¥1THESE PRESENTS That FIREMAN'S FUND INSURANCE COMPANY a Cahfomla corporatton NATIONAL SURETY CORPORATION an fihnots corporation THE AMERICAN INSURANCE COMPANY a New Jersey corporation redomesncated m Nebraska, ASSOCIATED INDEMNITY CORPORATION, a Cahfomla corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri corporatton (harem collectively called the Compames ') does each ~ereby appoint ROS~Y WEAVER AND JOHN R. STOCKTON OF DALLAS TX COMPANY whtch provj*lons are now in full force and effecl FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY COUNTY OF MARIN ~ On,is ]-7 }tayof December 1998 , bcfore me personally came M A Mallonee tomeknown who bemgbyme duly sworn dtd depos~ and say that ho is a Vice President of each company described in and whtch executed the above mstrument that he knows the seals of the sam Compam~ that the se~ls affixed to the smd instrument are such company seals, that they were so affixed by order of the Board of Dtrectors of smd compames and ~at he signed his name thereto; by like order INzl] ~]g~WITNESS ~ .~:~ ~"~ ~-L~WHER~OF'Npfa~yCOmI~IsIIOr~' l hOVeL C~A~pohereunt°# 1163726act my hand~= and affixed my official seal the day and year harem first abo%e wntt~a /.x ~O~ '~ Public- Caflfomla ~, STATE OF CALIFORniA } SS COUNTY OF MARIN I the undersigned, Rea dent Assistant Sacratm'y of anch company, DO HEREBY CERTIFY that the for~gmng and attached POWER OF AJTORNEY remains m full force IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: i YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOUIMAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OF CLAIM DISPUTES: PR AG RE SHOULD YOU HAVE A DISPUTE CONCERNING YOUR iMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE ENT OR COMPANY FIRST. IF THE DISPUTE IS NOT SOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIIS NOTICE BECOME A IS FOR INFORMATION ONLY AND DOES NOT PART OF CONDITION OF THE ATTACHED DOCUMENT. FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That FIREMAN S FUND INSURANCE COMPANY a Cahforma corporation NATIONAL SURETY CORPORATION MERICAN INSURANCE COMPANY a New Jersey co.oratton redomes cared m Nebraska ASSOCIATED INDEMNITY an Ilhnols co.oratlon THE A ClmA COMPANY a Missouri corporation (berem collectively called the CORPORATION a Cahfomm corporatmn and AMERICAN AUTOMOBILE IN ..... NCE .. Compames )d~eseachherebyappoml ROSEMARY WEAVER AND JOHN R. STOCKTON OF DALLAS TX be~r trl~- and Iqwfu A orney(s m Fact with full power of authority hen.by conferred m their name place and ~tead to execute seal acknowh-dbe and deh~er any and all and to bind thc Comp intes thereby as fully and to die · uric exknt a~ if such bonds v, ere stbncd by thc President se tied with the corporatt. ~e Ils of th[ Conlp inle· and duly attested by the Companms Secretary bemby ratifying and conhrmmg all that the sa~d Altomcy(s) m Fact m ~x do m the premises T ~x pox~e~ ot attorney ~s granted under and by the authomy of Amcle VII of the By laws of FIREMAN S FUND NSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN NSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILF NSURANCE COMPANY which prow~lonq are now tn full fore and effect der the author of he following Re~olutton adopted by the Board of D~rec ors of FIREMAN S FUND INSURANCE Th~ ~wer of attorney is signed and sealed un .-- 3~ ............ .~.~oc ~MPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN COMPANY NATIONAL SURETY COR TION TH~ A~tc~t~ ~u~t~ ~ AUTOMOBILE iNSURANCE COMPAN~O~ meeting duly called and held ar by ~mten consent on the 9th day of March 1995 and smd Rem~uuon hax not bccn amen&d or r~p~alcd a ute of an Vice Pres dent Assistant Secre cry and Rem&hi Assistant Secretary of the Compames and the seal o~ the RESOLVED that the sign t Y .... r ..... w*~ of a omev or on any cemfica e relaung thereto by Compameq may ~ affixed, p Y P . .e ~ ~er nr attorney o~ CCnlfiCa c beqnn~ su;h fac~mde s~gnature or facs~mde seal shall be vahd and binding upon the Compame~ IN WI~SS WHEREOF the Commn,eq have cau~d tbe~e[p~eoe~s to ~ signed by tbetr Vice ~estdent and their co.orate ~etK to be hereunto alhxed L / day of Dec&mber ., FIREMAN S FUND INSU~NCE COMPANY ~7~5) ,* _ _%' THE AMERICAN INSURANCE COMPANY * * ~ ~ s ~ n ~ ~ ASSOCIATED INDEMNITY COR~TION %'~ ~ ~' ~ ~ --*-- ~ AMERICANAUTOMOBILEINSURANCECOMPANY 360789 11 98 STATE OF CALIFORNIA } ss COUNTY OF MARIN Compames that the seals affixed to the said instrument are such company seals mat mey Y s~gned his name thereto by hke order IN WITNESS WHERF~OF I have hereunto set my hand and affixed my official seal the day and year hereto first above written Commission# 63726 ! /v~fn Coun*" ~' / ~" L/~' / TATE OF CALIFORNIA } ss COUNTY OF MAR[N an DO HEREBY CERT FY thc he foregoing and attached pOWER OF A'ITORNEY remains in full force the undersigned Resident Assistant 8ecre~ary?f e,ac .h,.c?m. pj~ ?n~, I~w~ nf each comnanv and the Resolullon of the Board of Directors set forth In the Power of Attorney and has not been revoked and fur~bermore hat Attic e vii oi Re .; ........... . are [lOW Ii1 force , * ii (-" IMPORTANT NOTICE To obtain I information or make a complaint i You may call Fireman's Fund's toll-£ree telephone number for information or to make a complaint at 1--800--5~'F--5 7 8'F You may a~so write to Fireman's Fund at. P 01. Box 2519 Dallas, TX 75221 You may contact the Texas Department of Insurance to obtain informatl'on on coveragesj rights or complaints at ' You muy Write the Texas Department of Insurance P. O, BOX 149104 Austin, TX FAX ~(512) 475-1771 P RIiIM~UM OR CLAIM D i[S l~Urf Iii ~ ~ Should y~u have a dispute concerning your premium or about a claim you should contact the agent ~s~. If =he dispute Is not resolved, you may con,ac% the Texas Department of Insurance. POLICY: This notice is for information only and does not become a~ part or condition o~ the sttache~ document AVI SO IMPORTANTE Para obtener lnformacio~ o para Usted pusde 1lamer al numero de telefono gratis de Fireman's Fund's para lnformacion o para someter una queJa al 1~800--527--5787 Usted tamb~en puede escribir a Fireman's Fu~d: P O. Box 2519 Dallas, TX 75221 Puede comunicarse con el Departamento de Seguroe de Texas para obtener ~nformacion acerca de companias, cober~uras, derechos o ~uejas al 1--8OO--252--3439 Puede escribtr al Departamento de Secures de Texas P 0 BOX 149104 Austin, TX 78714-9104 FAX 9(512) 475-1771 D I ~ ~I-s'--~AS ~OB~ R~Cv.2~/O~5~ : Si =lens una ~puta concerI%~snte a su prima o a un reclamo, debs comun~¢arse con el agents primero. ~1 ~o se resuelve la d~sputa, puede entonces comunicarse con el departamento (TDI) UI~A ~-~TE ~V~aO A ~U ~ste arise es solo para proposito de informs=ion y no se convierte en parts o condic~on del document o adJunto Page 001-001 ACORD,. CERTIFICATE OF LIABILITY INSURANCE p~BR (940)38~-9691 PAX (g~-XOSO My & Ktflg /n~raflce ONLY~DCON~RSNO~HTSU~NTHEGEK~TE 890 ~mJth T-gSE, 5u'lte A ~uam ']~gml Publ'lc Cml~lny, Zn¢ 11111 Cheek P 0 Box ~$0 Den'tM'i, TX 76~0:) At. TEA THE ¢~VERAGE AFFORDED BY THB PQUCIEe BBkOW INSUREKE AFFO~DIN(II COVERAGIE ~"~,~R ,', Travelers L1 oydn Travelers Tnderml~:y of N~e~'lc ~)~IIRAGIBS K~ORD ~S-~ (7/17) ~te 10/2/01 Tzme 10 39 AM To JAGOE PUBLIC CO ~ 382-9732 Page 005-005 I M PORTANT If the certificate holder ~s an ADDITIONAL INSURED the pohcy0es) must be endorsed A statement on th~s certlhcata does not confer r~ghts to the cerbhcate holder m heu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain pohctes may require an endorsement A statement on this certificate does not confer rights to the certihcate holder in heu of such endorsement(s) DISCLAIMER The Cerbhcate of Insurance on the reverse side of this form does not constitute a contract between the ~ssulng insurer(s), authonzed representative or producer and the certificate holder nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pohcles hsted thereon ACORD 25-S (7/97)