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2000-407
ORDINANCE NO ,~0(30- qO"'] AN ORDINANCE ACCEPTING COMPETITWE BDS AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THI~ GAYLA/BRIDGES SANITARY SEWER SYSTEM, PROVD1NG FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVD1NG AN EFFECTIVE DATE (BID 2569 - GAYLA/BRIDGES SANITARY SEWER SYSTEM AWARDED TO C-CON SERVICES IN THE AMOUNT OF $435,543 00) WHEREAS, the City has solicited, and received competitive sealed 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 respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction ofpubhc works or improvements, as described in the "Sealed Bid Invitations", 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 2569 CONTRACTOR C-Con Services AMOUNT $435,543 O0 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such pubhc works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or improvements in accordance w~th the bids accepted and approved herein, provided that such contracts are made in accordance with the Not~ce to Bidders and Request for Sealed Bids, and documents relating thereto spemfy~ng the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION W That upon acceptance and approval of the above competitive sealed bids and thc 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 Nds and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the ~Jt~ day of /[ }t:~/t?r~t~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BID 2569 -CONT~'/ORDINANCE 10 2000 ATTACHMENT 1 TABULATION SHEET B~d 2569 Date 10/5/00 GAYLA BRIDGES AND SANITARY SEWER SYSTEM . ,N~. [ .... DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR R-CON Inc C-Con Se~lces Pipe Con Inc Mid State Ut)liteRs H & W Utlllbes Principle Place of Business IRVING TX DALLAS TX IRVING TX WACO TX LAKE DALLAS TX TOTAL BASE BID $539,956 10 $435,543 00 $548,279 00 $597,347 25 $475,624 10 1 BID BOND YES YES YES YES YES 2 NO ~1 OESCI~!P. TION VENDOR VENDOR VENDOR VENDOR VENDOR ~ North Texas Circle C Jackson D~ckerson Wh~zcon Contracting Consturcbon Construcbon Construcbon Ublt~tles Principle Place of Business KELLER TX FORT WORTH TX FORT WORTH TX CELINA TX ARLINGTON TX TOTAL BASE BID $579,999 50 $644,978 50 $572,933 50 $512,939 50 $497,370 00 1 BID BOND YES YES YES YES YES 2 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 7 day of November A D, 2000, by and between C~ty of Denton of the County of Denton and State of Texas, acting through Michael W. Jez thereunto duly authorized so to do, hereinafter termed "OWNER," and C-Con Servmeg 11127 Shady Trail # 108 Dallas. TX 75229 of the City of Dallas, County of Dallas and State of Iexas, hereinafter termed "CONTRACTOR" WITNESSETH That for and m cons~deratlon 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 specffied below Bid 2560 - Gayla/Rndges Sanitary Sewer System ~n the amount of $435,543 and all extra work in connection therewith, under the terms as stated m the General Cond~nons of the agreement, and at h~s (or their) own proper cost and expense to furmsh all materials, supplies, machinery, eqmpment, tools, supenntendence, labor, ~nsurance, and other accessories and services necessary to complete the work specffied above, m accordance with the conditions and prices stated ~n the Proposal and the Performance and PaYment Bonds, attached hereto, and m accordance w~th all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advemsement for B~ds), and Instructions to Bidders, as referenced hereto and on file m the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, bluepnnts, and other drawings and printed or written explanatory matter thereof, CA- 1 and the Specifications therefore, as prepared by Dentnn F, ngmeermg and Transportatmn Department all of whmh are referenced here~n and made a part hereof and collectively evtdence and consntute the entxre contract Independent Status It ~s mutually understood and agreed by and between C~ty and Contractor that Contractor ~s an independent contractor and shall not be deemed to be or considered an employee of the C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, socml security taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty employee benefit C~ty shall not have superws~on and control of Contractor or any employee of Contractor, and tt ~s expressly understood that Contractor shall perform the serwces hereunder according to the attached specfficatlons at the general direction of the C~ty Manager of the C~ty of Denton, Texas, or h~s designee under th~s agreement Indemmficat~on Contractor shall and does hereby agree to indemnify and hold harmless the C~ty of Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, om~ssmn or neghgent act of Contractor, tts officers, agents, employees, mwtees, and other persons for whom ~t ~s legally hable, w~th regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense, defend and protect the C~ty of Denton against any and all such clmms and demands Choice of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts 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 not,ce to commence work and complete all work w~th~n the ttme stated m the Proposal, subJeCt to such extensions of t~me as are prowded by the General and Specml Condmons The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the General and Spectal Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreem~ m the year and day first above written ATTEST (SEAL) ATTEST CONTRACTOR MAILING A6DRESS PHONE NUMBER FAX NUMBER BY TITLE PRINTED NAME APPROVED AS TO FORM CITY ATTORNEY (SEAL) CA - 3 PERFORMANCE BOND STATE OF TEXAS § 8ond ~1o 103346727 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That C-Con Serv,ces whose address ts 11127 Shady Trod #108_ Dallas: TX 75229 ,hereinafter called Principal, and Travelers ,Casualty and Surety Company of Amertca , a corporation organized and extstmg under the laws of the State of ~, and fully anthonzed to transact busmess m 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, in the penal sum of Four Hundred Thirty Five Thousand F~ve Hundred Forty Three and no/100 DOLLARS ($ 435:543 ) plus ten percent of the stated penal sum as an addlttonal sum of money representing addlttonal court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, m lawful money of the Umted States, to be paid m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which tncreases the Contract price, but m no event shall a Change Order or Supplemental Agreement whmh reduces the Contract price decrease the penal sum of thts Bond THE OBLIGATION TO PAY SAME ts conditioned as follows Whereas, the PrmctpalI entered into a certain Contract, identified by Ordinance Number 2000-407, wtth the City of Denton, the Owner, dated the 7 day of November A D 2000, a copy of which ts hereto attached and made a part hereof, for Bid # 2569 - Gayla/Bridges Samtary Sewer System. NOW, THEREFORE, if the Prlnctpal shall well, truly and fatthfully perform and fulfill all of the undertakings, covenants, terms, condmons and agreements of said Contract tn accordance with the Plans, Specifications and Contract Documents during the ongtnal term thereof and any extension thereof which may be granted by the Owner, w~th or without notme to the Surety, and during the hfe of any guaranty or warranty reqmred under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, condmons and agreements of any and all duly authorized modifications of satd Contract that may hereafter be made, nottce of which modlfiCanons to the Surety being hereby waived, and, ff the Pnnc~pal shall repatr and/or replace all defects due to faulty materials and workmanshtp that appear within a period of one (1) year from the date of final compleUon and final acceptance of the Work by the Owner, and, tf the Prlnctpal shall fully lndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform heretn and shall fully reimburse and repay Owner all outlay and expense whmh the Owner may tncur an making good any default or deficiency, then thts obligation shall be void, otherwise, tt shall remain in full force and effect PB - 1 PROVIDED FURTHER, that If any legal acnon be filed upon th~s Bond, exclusive venue shall he ~n Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extensmn of ttme, alteratmn or ad&t~on to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficatmns, Drawmgs, etc, accompanying the same, shall m anywise affect ~ts obhgatmn on th~s Bond, and ~t does hereby wave notice of any such change, extension of time, alteration or ad&t~on to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficatlons, Drawmgs, etc This Bond ~s g~ven pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent ~s hereby designated by the Surety hereto as the Resident Agent m Denton County to whom any reqmslte notices may be dehvered and on whom service of process may be had m matters arising out of such suretyship, as prowded by Article 7,19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, th~s instrument ~s executed m 4 copies, each one of whmh shall be deemed an ongmal, th~s the 7 day of November , _S[01Xl_. ATTEST SEC~RET'AR¥'f PRINCIPAL C-Con Services PRESIDENT ATTEST SURETY Travelers Casualty and 5ure:l~ Company of America ATTORNEY-IN-FACT Cindy Fowler' The Resident Agent of the Surety in Denton County, Texas for dehvery of notice and serwcc of the process ~s NAME William O. Baldwin STREET ADDRESS 120t Kas 0r., Ste. B, Richardson, TX 750B1 (NOTE Date of Performance Bond must be date of Contract corporatton, gtve a person's name ) PB - 2 If Restdent Agent ts not a PAYMENT BOND STATE OF TEXAS § Bond No, 103346727 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That C-Con Serwces , whose address is 11127 Shady Trod # 108: Dallas: TX 75229 , hereinafter called Principal, and Travelers Casualty and Surety Company of Amertca ,a corporation organized and existing under the laws of the State of Connecticut, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound umo the City of Demon, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporattons who may furnish materials for, or perform labor upon, the butldmg or improvements hereinafter referred to, in the penal sum of Four H!mdred Thirty F~ve Thousand F~ve Hundred Forty Three and no/100 DOLLARS ($435,543) in lawful money of the Umted 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, admuustrators, 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 ~s con&t~oned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number _Z01)l]_40~_, with the City of Denton, the Owner, dated the 7 day of November A D _20_f32, a copy of which is hereto attached and made a part hereof, for B~d 2569 - Gayla/Bridges Samtary Sewer System. 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 smd Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obhgat~on shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, 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 destgnated agent is hereby designated by the Surety herein as the Resident Agent tn Denton County to whom any requisite notices may be delivered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7 day of Nnvember: 2000 ATTEST s~cRETAR,i~'~- PRINCIPAL C-Con Serv,ces PRESIDENT BY . . SURETY Trave'lers Casualty and Sure~.~Comp_any o¢ Ar. er, ca ATTORNEY-~ll~-~ACT Clnoy rowle}' The Resident Agent of the Surety in Denton County, Texas for dehvery of notice and ser~ce of the process is NAME g,11,am O. Baldw,n STREET ADDRESS 1~ol gas De.. s*e. B. RtehA~daan. TX ?~flR1 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, gtve a person's name ) PB - 4 TRAVIt~.~RS CASUALTY A~D SURETY COMPANY OF A.~uf~CA TRAVELERS CASUALTY AND SURETY COMPA. E~ FARMINGTON CASUALTY COMPANY Hartford. Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF Naperville, Illinois 60-q63-8458 POWER OF ATTORNEY AND CER'I~'tCATE OF AUTI~ORITY OF ATTORNEY(S)-IN-FACT PERSONS BY P S -STS, T AT T VELERS CASUALTT AND SUR TT COM Y corporauons duly orgn~.cd ulld~' tha laws of th~ State of Connecticut, and hawng thflr pnnc~pal offices m the City o! t'mm, m. County of Hartford, State of ConnecUcut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, corporaUan duly or§n~.ed un~r tho laws of th~ State of Illinois, and hav~ng ,ts pnnctp-I office m the City of Naperwlle, County of DuPage, Stat~ of Illinois, (l~relll~ter ~h~ "Companies") hath made0 const~tutexi and appointed, and do by these pignuts nmke, consUmte and appo, nt WiIHnm D. Baldwin, Don E. Smith, Ray Watson, Michael B Hill, Cindy Fowler, Su~nne C. Baldwin or William L. Ridlehoover * * of Richardson, TX, their true and lawibl Attornm/(S)-ln-Fact, w~th fvll power and cuthonty hereby conferred to sl~n, execute and acknowledge, at any place within the Umted States, or, fftha £ollowm§ line bc filled ,n, vathm the area there dcst~nat~i the followns instalment(s) by his/her sole slgnatllre ~ ~ct, any and all bonds, rcco§mzances, conb"acts of ,ndemmty, and other v~ttn§s obliF~itory m the nature of a bond, recu[puzance, or can,4,uonal undertnkm$ and any and all consents mcldem thereto no~ ~.~c~ ~1~ ~ ~ FIFIT MILl. IOW ($$~,~#0,000 ~0) ~0£I..4~ ~ 6ond ~ * and to b,nd the Companies, thereby ns fully and to the same extent as if the same were signed by the duly anthm'ized officers of the Companies, and all the acts of said Atto~ne)'(s)-In-Fact, pursuant to the anthonty herein gwen, are hereb)' ratified -nd confirmed Tins appomtmcm is made under and by authority of the followm§ Standing P. esoiuUons of smd Compames, wiuch l~.solu, ons are now in full force and effect VOTED Tl~t thc Challln~, thc President, any Vic~ Chau'lna~ ally Exccutlvo Vice Prnstdant any Scmer Vice Prcsldant any Vic~ Presidsut any Second Vice President, the Treasurer, any Assistant Tre~su~r, the Corporate Secretory or any Assistmlt Secretary may appoint AHomoys m-Fact and A§¢nts to act t'or an~i on behalf or' the company and may alve such appollltee such authonty ns his or her certificate of authority may prescribe to st~n wth tho CompanY'S nmae and seal w~th the Company's seal bonds, roanFjuzancns contracts of mdemmty and othor wltm~s obh§nton/in tho nature ota bond, reco~mznnce, or canditloan| under~.m~, and any ot smd officers or the Board of Directors at any umc may remove an'¢ such appointee and revoke the power ~lven hun or her VOTED That the Cha-'man thc President, any Vice Char'man any Excantlve Vice Frcsldant, any Scmor V~cc President or any Vtcc President may dole§ate ali or any part of thc £o~egom§ authortw to one or more otliccrs or cmpto~ecs ot tl~ts Company provided that ¢~ch such dclcgauan is m w~tmg and a copy thereoi Is filed m thc otlico ot the Secretary VOTED That any beltd, reco~7.n.nco, contract o£ indemnity, or w'rltm~ obligatory tn tho naturo of a bond rcco~.~.'lce, or conditional undcrta~ng shall be valid and bindm$ upoo the Company when (a) sl~ted by the President, any Vice Chalrrflan, any Executive Vice President any Senior Vloc President or any Vice President any Second Vice Preside.at the Treasurer any Assistant ~'rensurcr the Lorporete Secrctm~ or any Assistant S~.crotarv and duly attested and sealed w~th the Company s scal by a Secretory or Assistant Secretary or (b) duly executed (and~.r seal ii' rcqulrcd~ by ont. or more Attorneys-m-Fact and A~ants pursuant lo tho po~er prcscr~bed m his or her certificate or their cc~ficates ot authont~ by one or more Company oil]core pursua=ut to a written dole~ntion ot authority This Power of Attortley and Certificate of Authority is $1~ned and sealed by facsimile under and by authority of the fullowmt~ StandmR Resolution ~oted by thc Boards of Directors of 'IRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, i~ hlch Resolution is now m full force and effect ¥©¥~ I~at th~ btge~lure o! each ot Iht. lollow~n§ olfic~.rs President any E~ecutt~t. Vice PrcsldanI any ~emor V~ce President =nv Vtcc Prc~td~.nl ,my ^~s~stani Vici. Prnsldcni any Secrotarv any Asslstanl 5ecrclo.w and ~c seal ot thc Company may bo aflt\ed by toes]mile lo any power ol attorney of lo any col'lit]cate relattil~ thereto appol~tln§ P. csldent Vice Presldunt$ Resident Asslst~nt Secretaries or Attero~/s-m ~act purposes only ot o.t.cuttn§ and attesim$ bonds and undertakings and other ~'nim§s obhgaterv in the nature thereo! and any such power o! at~on~cv or c~.r~ttlcalc be~'m§ such lacslmllo signature or lacslmllt, seal shall be valid and bmdm~ upon the Company and any such power so executod ct.trilled by ~uch Iacslmll~. signature and Iacslmllc seal shall b~ v~hd and binding upon thc Compan~ In lbo tulure ~th respect t'~ arv bond or andcr',aMng to ~hlch ti Is atlached (8 97) IN'-WITNES5 WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused tlus instrument m be aig, ned by their Semor Vice President, and tha~r corporate seals to be hereto affix~ this 18th day of November, [999 STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY ~ SURETY COI~ } SS Hartford FARMINGTON CASUALTY COM[PAN~ TRAVELERS CASUALTY AND SURETY CO~fPAN~ COUNTY O~ HARTFORD On this lgth day of November, 1999 before me personally came GEORGE W. THOMPSON to mo known, who, being by me duly sworn, did depose and say that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVKLERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLXNOIS, the corporauons dascnbed m and which executed the above ~nstrument, that he/shc knows the seals of said corporauons, that the seals atr~xed to the smd ~nsu~ment nm stw. h corporate seals, and that he/she executed thc smd tnstmment on behalf of thc coqmrauons by authority of lus/her off'tee under tim Standing Resoluuons thereof My commission expires June 30 2001 Notary Public Marm C Tetreault CERTIFICATE I the undersigned Assnstant Secretary of TRAVKLERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMXNGTON CASUALTY COMPANY, stock cotlmrations of ,ne State of Connecucut, and TRAVELERS CASUALTY AND SURETY COMPANY O1~ ILLLNOIS, stock corporauon of the Slate of Ilhnais, DO HEI~BY CERTIFY that thc forc§omg and attached Power of Attorney and Cemficate of Authonty remaias ~n full force and has not been revoked and furthermore that the Standin§ Resotuuons of the Boards of Directors as set forth tn the Ccrttficatc of Authonv/, arc now m forcc Signed and Sealed at thc Homc Office of thc Company, m thc Clw of Hartford Slate of Connecucut Dated this ?th day of Iove~bet' :~000 Kori M Johanson Assmtant Secretary, Bond IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain lnformat~on on compames, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P O Box 149104 Austin, Texas 78714-9104 FAX No (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a d~spute concermng your premium or about a claim, you should contact the company first If the dmpute ~s not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY Th~s notme is for information only and does not become a part or cond~tlon of the attached document CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's qttentton ls directed to the insurance requirements below. It ts htghly recommended that btddqrs confer with thetr respecttve tnsurance careers or brokers to determine tn advance of Btd sabmtsston the avatlabthty of tnsurance certificates and endorsements as prescrtbed and provided herem If an apparent low btdder fails to comply strtctly wtth the msurance requtrements, that btdder may be disqualified from award of the contract Upon btd award, all insurance requtrements shall become contractual obhgattons, whtch the successful btdder shall have a duty to mamtatn throughout the course of thts contract STANDARD PROVISIONS: Without hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor shall provtde and matntatn until the contracted work has been completed and accepted by the Ctty of Denton, Owner, the mtntmum tnsurance coverage as tnchcated heretnafter As soon as practicable after notification of bid award, Contractor shall file wtth the Purchasing Department sattsfactory certificates of insurance, contatntng the btd number and tttle of the proJect Contractor may, upon wrttten request to the Purchastng Department, ask for clartficatton of any msurance requtrements at any ttme, however, Contractors are strongly advtsed tO make such requests prtor to btd opening, stnce the tnsurance requtrements may not be modred or watved after btd opemng unless a wrttten exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any matertal until he or she recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton All tnsurance pohctes proposed or obtatned tn sattsfactton of these requtrements shall comply wtth the followtng general spectficattons, and shall be mamtamed tn comphance with these general spectficattons throughout the duratton of the Contract, or longer, tf so noted Each pohcy shall be Issued by a company authorized to do bus~ness in 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 b~d proposal If requested by the C~ty, the ~nsurer shall reduce or ehmlnate such deductibles or self-insured retentions with respect to the C~ty, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, clmm admlmstrat~on and defense expenses Liability pohcles shall be endorsed to provide the following Name as additional insured the C~ty of Denton, Employees and volunteers ~ts Officmls, Agents, 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 clmm is made or suit is brought The inclusion of more than one insured shall not operate to increase the uisurer's hm~t of liability · All policies shall be endorsed to ~ "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" Should any of the required insurance be provided under a claims-made form, Contractor shall mmntmn such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term which give nsc 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 hmit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Llablhty Insurance Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All znsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally comply wtth the followtng marked spectficattons, and shall be matntamed tn comphance wtth these addtttonal specifications throughout the duration of the Contract, or longer, tf so noted [X] A GeneralLlabIhty Insurance. General Liability insurance with combined single hmits 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 pohcles If the Commercial General Liability form (ISO Form CG 0001 current edition) IS used Coverage A shall ~nclude premises, operations, products, and completed operations, independent contractors, contractual liability covenng this contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, as not required If the Comprehensive General L~abahty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) as used, ~t shall ~nclude at least Bodily in.jury and Property Damage Llablhty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habfl~ty (preferably by endorsement) covering tins contract, personal injury liability and broad form property damage habflaty IX] Automobile Llablhty Insurance. Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than q~l ~000~000 either m a single pohcy or ~n a combination of basic and umbrella or excess pohcles The policy wall include bodily injury and property damage liability arising out of the operation, mmntenance and use of all automobiles and mobile equipment used in conjunction with tins contract Satisfaction of the above reqmrement shall be in the form ofa pohcy endorsement for · any auto, or all owned, h~red and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and mmnta~n Worker's Compensation insurance which, in addition to meeting the mlmmum statutory reqmrements 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 pohcy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to wmve all rights of subrogation against the C~ty, ars offictals, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply w~th the provisions of Attachment 1 ~n accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Comm~ssmn (TWCC) ATTACHMENT 1 ix] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Defimtlons Certificate of coverage ("cemficate")-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 entlty's employees providing services on a project, for the duration of the project Duration of the project - ~ncludes 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 prowdlng services on the project ("subcontractor" in §406 096) - includes all persons or ent~t~es performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly with the contractor and regardless of whether that person has employees Th~s includes, w~thout limitation, independent contractors, subcontractors, leasing companms, motor earners, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, w~thout llm~tatmn, prowdlng, hauhng, or dehvenng cqmpment or materials, or providing labor, transportation, or other servme related to a project "Services" does not ~nclude aCtlVmes unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable toilets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor prowdIng services on the project, for the duration of the project C D The Contractor must prowde a certfficate 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 E The contractor shall obtmn from each person providing services on a project, and provide to the governmental entity (1) a certfficate of coverage, prior to that person beglnmng work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons prowding 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, ff the coverage period shown on the current certfficate of coverage ends dunng the duration of the project F The contractor shall reUun all required certfficates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity ~n writing by certffied marl or personal dehvery, wxth~n l0 days after the contractor knew or should have known, of any change that materially affects the prov~sxon of coverage of any person providing servmes on the project H The contractor shall post on each project site a nottce, m the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nformlng all persons providing services on the project that they are required to be covered, and staUng how a person may verify coverage and report lack of coverage The contractor shall contractually reqmre each person w~th whom it contracts to prowde services on a project, to O) provide coverage, based on proper repomng of classfficatlon codes and payroll amounts and fihng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees promdang servmes on the project, for the duration of the project, (2) prowde to the contractor, prior to that person beg~nmng work on the project, a certfficate of coverage showing that coverage ts being provided for all employees of the person provldtng services on the project, for the duration of the project, (3) prowde the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ff the coverage period shown on the current certfficate of coverage ends dunng the duratmn of the project, (4) ($) (6) (7) obtmn from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and 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 dunng the duration of the project, retmn all reqmred certificates of coverage on file for the duration of the project and for one year thereafter, notify the governmental entity ~n writing by certified mail or personal delivery, w~thln 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 contractually require each person with whom It contracts, to perform as reqmred by paragraphs (1) - (7), with the certificates of coverage to be prowded 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 amounts, and that all coverage agreements will be filed with the appropriate insurance career or, In the case of a self-insured, with the commission's Division of Self-Insurance Regulation Providing false or m~sleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions IS a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity Bid 2569-Gayla/Bridges Sanitary Sewer System - CONTRACT & INS 11 -00 [1 [1 Owner's and Contractor's Protective Liability Insurance The Contractor shall obtmn, pay for and malntmn at all times dunng the prosecution of the work under th~s contract, an Owners and Contractors Protective L~abthty tnsurance policy naming the City as insured for property damage and bodily injury which may arise ~n the prosecnt~on of the work or Contractor's operations under th~s contract Coverage shall be on an "occurrence" basis, and the pohcy shall be issued by the same insurance company that tames the Contractor's habfl~ty insurance Pohcy hm~ts will be at least __combined bodily injury and property damage per occurrence with a aggregate Fire Damage Legal Liability Insurance Coverage ~s reqmred if Broad form General L~abthty is not provided or is unavailable to the contractor or if a contractor leases or rents a port~on of a C~ty bmldlng L~m~ts of not l~ss than each occurrence are reqmred [] Professional Liability Insurance Professional habfl~ty insurance with limits not less than per clmm with respect to negligent acts, errors or omissions in connection wtth professional services ~s required under this Agreement [] Budders' 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 C~ty of Denton and all subcontractors as their ~nterests may appear [] Additional Insurance Other ~nsurance may be required on an ~nd~vidual bas~s for extra hazardous contracts and specific service agreements If such additional insurance is reqmred for a specific contract, that reqmrement will be described ~n the "Specific Conditions" of the contract specifications BID SUMMARY TOTAL BID PRICE IN WORD-~ / In the event of the award of a contract to the undersigned, the undersigned will funush n performance bond and a payment bond for the full amount of the contract, to secure proper compliance wtth the terms and provtsmns of the contract, to insure and guarantee the work untd f'mni completion /md ncceptance, and"~'~uarantee ~ayment for nil lawful clanns fur labor performed and maternds furmshed m the fulfillment of the contract It ts understood that the work proposed to be done shall be accepted, when fully completed and fimshed m accordance w~th the plans and spectficauoas, to the sattsfactton of the Engineer The unders~,ned cemfies that the bid prices contained m this proposal have been carefully checked and are submitted as correct and f'mal Umt and lump sum prtces as shown for each item hsted m th~s proposal, shall control over extensloas CONTRACTOR Street Address City and State Seal & Author~zatton (If a Corporation) Telephone B~I CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into tins dayof A D, 2000, by and between herems~er termed "OWNER," and and State of Texas, acting through thereunto duly authorized so to do, of the City of , County of and State of · haremafter termed "CONTRACTOR" WITNESSETH That for and tn constderanon of the payments and agreements hereinafter mentioned, to be nlade 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 specffied below in the amount of and all extra work m 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 furmsh all materials, supphes, machinery, eqmpment, tools, supermtendenc~, ~ r ~r, insurance, and other accessories and services necessary to complete the work sF ~ above, in accordance with the conditmns and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for B~ds), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA- I Gayla Bndges Samtary Sewer Item BID TABULATION SHEET Work Days 80 Bid No 2569 PO No Unit Price Total 121 13 C0nUact0rs Warrant~es a '° / LS 56 ~,,7 co / SY *' , Words 12-B ' Sewer 3167 UmtPnceln Words ~//4~-c/ c::~,~J~' ~oc,c.,e,,c~ :104 3 107 312 57-B 745 UmtPnceln Words '~/~.~-v' [Rbmove Concrete Dnves& Walks [ Umt Pnce In Words ~'~g~,~,,lr' IPreparat~°n ,°f Pdsht of Way ]Broadcast Seedtng [ 1394 I SY $ Umt Price In Words ~ I 8 Unit Price In Words ~:~ ~ ~' ~:)OC c..,o Temporary Erosion Control LS 21' Asphalt Pavement (Type C, Patch Matl) ] 11 TON $ ~lass A Concrete 7 6-A-1 Igstall Concrete Manhole (4' I D ) Unit Pnce In Words 10 !~'o ~'/EA 8/30/00 P 3 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid It ~s understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder Owner reserves the right to reject any and all bids Owner may investigate the prior performance of the bidder on other contracts, either public or private, in evaluating bid proposals Should bidder alter, change, or qualify any specifications of the b~d, Owner may automatically dLsqualify bidder The undersigned hereby proposes and agrees to perform all work of whatever nature required, ~n strict accordance with the plans and specifications, for the followLng sum or price to wit. P -2 Gayla Bridges Sanitary Sewer Item 7 6-A-2 7 6-A-3 1 83 8 14 ~/S-18 A NS-18 B SP-2 Work Days 80 B~d No 2569 PO No SP-10 SP-37 SP-39 BID TABULATION SHEET Umte Price In Words [Samtat7 Sewer Service (~tvate) [ 5200 Umt Pnce In Words [Concrete Saw Cut ] 36 Unit Pnce In Words ~'~- ~/_.~,,~t ,~' Rock Excavation 50 I 6589 LF $ ,/, ,,a SP-43 Unit Price In Words Excavation Protection U~lt Price In Words Project Stgns Umt Price In Words Asphalt SaTM Cut Umt Price In Words 8/25/00 P 4 Gayla Bridges San,tary Sewer Item BID TABULATION SHEET Work Days 80 Bid No 2569 PO No Uait Price Total / TOTAL 8/25100 P 5 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe c Con Sen/Ices, Inc (Here ~nsert full name and address or legal title of Contractor) t t t 27 Shady Trail, Suite '108, Dallas, TX 75229 as Prrnclpal, hereinafter called the Pnnc~pai, and (Here insert full name and address or legal title of Surety) Travelers Casualty and Surety Company of America 7920 Belt Line Rd ,Dallas, TX 75240 a corporation duly orgamzed under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton (Here insert full name and address or legal bile of Owner) 90t-B Texas St, Denton, TX 7620t as Obhgee, hereinafter called the Obhgee, In the sum of Five Percent of the Greatest Amount Bid Dollars ($ 5% GAB )' for the payment of which sum well and truly to be made, the sa~d PrJnc~pal and the said Surety, b~nd ourselves, our heirs, executors, admlmstretors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, The Pnnclpal has submitted a b~d for (Here insert full name address and descr~pl~on of proJect) Gayla Bridges Sanitary Sewer Project #E & T 2000-004 NOW THEREFORE if the Obhgee shall accept the b~d of the Principal and the Pnnc[pal shall enter into a Contract wrih the Obliges m accordance with the terms of such bid, and g~ve such bond or bonds as may be specified m the b~dd~ng or Contract Documents w~th good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and ma~nal furnished In the prosecution thereof or in the event of the fadure of the Pnnc~pal to enter such Contract and give such bond or bonds ff the Principal shall pay to the Obhgee the difference not to exceed the penalty hereof between the amount specified ~n said b~d and such larger amount for which the Obliges may in good faith contract with another party to perform the Work covered by sa~d bid then th~s obhgahon shall be null and void otherwise to remain ~n full force and effect S~gned and sealed th~s Bth day of October C-Con EL~3~eS, Inc ~,~ (Principal) 20o0 (Seal) Travelers CasualW and Suret~ompany of America ~ln~l¥'~o~tI~?- ~ · (T~tle)--' Attomsy in Fect AIA DOCUMENTA310 BID BOND AIA · FEBRUARY 1070 ED THEAMERICAN INSTITUTE OF ARCHITECTS 1735 N Y AVE N W WASHINGTON D C 20006 WARNING Unlicensed photocopying violates U S copyright laws and Is subject to legal procecut~on sent by ALLIED GROUP 9727397034, 12/04/00 10 10AMdet~z #444,Page 2/2 CERTIFICATE OF LIABILITY INSURANCE 901 E. Texas Street DenCon, Texas 76209 AC:WAD ~GORP~TION 1gM