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2000-421
O IN CE NO,eeO0 - %V AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND WATER DISTRIBUTION SYSTEM IMPROVEMENTS ON BRINKER ROAD, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2577 - BRINKER ROAD PAVING, DRAINAGE AND WATER SYSTEM IMPROVEMENTS AWARDED TO CONASTER CONSTRUCTION INC, IN THE AMOUNT OF $959,931 50) WHEREAS, the C~ty has sohctted, and received compet~ttve sealed Nds for the construction of pubhc works or unprovements m accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has received and recommended that the hereto descnhed bids are the lowest respondent for the constmctxon of the pubhc works or maprovemems descnhed m the Nd mxatat~on, and plans and specflicatlons thereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed Nd for the constmctmn of pubhc works or tmprovements, as dasenhed m the "Sealed B~d Inwtat~ons", or plans and spemficat~ons on file m the Office of the City's Purchasmg Agent filed according to the Nd number assigned hereto, are hereby accepted and approved as bemg the lowest responsible Nds BID NUMBER CONTRACTOR AMOUNT 2577 Conaster Construction Inc $959,931 50 SECTION II That the acceptance and approval of the above competmve sealed Nd shall not constitute a contract between the C~'y and the person submattmg the Nd for construction of such pubhc works or nnprovements herem accepted and approved, until such person shall comply with all reqmrements specified m the Notice to Bidders including the tunely execution of a written contract and furmshmg of performance and payment bonds, and insurance certdieate after notflieat~on of the award of the Nd SECTION III That the City Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or unprovements m accordance w~th the Nds accepted and approved hereto, provided that such contracts are made m accordance wtth the Not,ce to Btdders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantttleS and specffied sums contained thereto SECTION IV That upon acceptance and approval of the above competit~ve sealed [nds and the execution of contracts for the pubhc works and unprovements as anthonzed hereto, the Cay Couacd hereby authorizes the expenchture of funds m the manner and m the amount as specrlied m such approved b~ds and authorized contracts executed pursuant thereto SECTION V That tlus ordinance shall become effective mu'aed~ely upon as passage and approval PASSED AND APPROVED tbas thJ? day of~, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2577 - CONI;~:~,CT~AL~i~fRDINAIqCE ~ w ~ ° g ~ ~ ~ ~ w 0 ~Z ~ 0z o ~ ~ - CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into thxs A D , 2000, by and between C~ty of Denton and State of Texas, actmg through Michael W. Jez hereinafter termed "OWNER," and C~onatser Con~tructmn: Inc. P.O. Box 15804 28 day of November of the County of Denton thereunto duly authorized so to do, Fort Worth: TX 76119 of the C~ty of Ft. Worth , County of Tarrant and State of Texas , hereinafter termed "CONTRACTOR" WITNESSETH That for and ~n cons~deranon 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 w~th OWNER to commence and complete performance of the work specffied below B~d 2577 - Bnnker Road m the amount of $949,931.50 and all extra work xn connecnon therewith, under the terms as stated m the General Condmons of the agreement, and at h~s (or their) own proper cost and expense to furnish all materials, supphes, machinery, eqmpment, tools, supenntendence, labor, ~nsurance, and other accessories and serwces necessary to complete the work specified above, m accordance w~th the contht~ons and prices stated m the Proposal and the Performance and Payment Bonds, attached hereto, and ~n accordance w~th all the General Condmons of the Agreement, the Specml Contht~ons, the Notice to B~dders (Adverusement for B~ds), and Instructions to B~dders, as referenced here~n and on file m the office of the Purchasing Agent, and m accordance w~th the plans, which includes all maps, plats, bluepnnts, and other drawings and printed or written explanatory matter thereof, CA- 1 and the Spec~ficanons therefore, as prepared by C~ty nf Denton l:,ngmeer~ng Staff all of which are referenced here~n and made a part hereof and collectxvely ewdence and constitute the entire contract Independent Status It is mutually understood and agreed by and between C~ty and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacatmn 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 it is expressly understood that Contractor shall perform the services hereunder according to the attached spemficatmns at the general direction of the City Manager of the C~ty of Denton, Texas, or his designee under this agreement Indemnificatmn Contractor shall and does hereby agree to mdenmify and hold harmless the City of Denton from any and all damages, loss, or habihty of any kmd whatsoever, by reason of ~njury to property or third persons occasioned by any error, om~ss~on or negligent act of Contractor, ~ts officers, agents, employees, mvltees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense, defend and protect the City of Denton against any and all such clmms and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie ~n the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth m written notice to commence work and complete all work w~thm the time stated in the Proposal, subject to such extenstons of nme as are provided by the General and Specml Conditions 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 Special Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed th~s agreem.~t ~n the year and day first above written ~ ATTEST: OWN . / (SEAL) ATT-.~T CONTRACTOR APPROVED AS TO FORUM/// CITY ATT01~NEY ~ ' ! CA - 3 MAILING ADDRESS PHONE NUMBER ( <dl-l~ 55q -qss/,, FAX NUMBER Z~Lff~r~%~ den+ PmNTED N~ME (SEAL) Bond No S268938 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Conatser Constructmn Inc., whose address is PO Box 15804_ Ft. Worth.. TX 76119 ~JnzoB I.nstr~gmce C ~cx~tm,-qy o~ Prow_cleo. ce hereinafter called Prlnmpal, and t~,?.~ ~,~-,,al f'~,alty f~cva?ny) , a corporation organhzed and exmtlng under the laws of the State of Iowa , and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal corporatmn organized and ex~stmg under the laws of the State of Texas, hereinafter called Owner, m the penal sum of N~ne Hundred Forty N~ne Thousand N~ne l-hmdred Thirty One and 50/100 DOLLARS ($ 949:931.50) plus ten percem of the stated penal sum as an additional sum of money representing addmonal court expenses, attorneys' fees, and hqudated damages arlsmg out of or connected with the below identified Comract, in lawful money of the United States, to be pad m Denton County, Texas, for the payment of wfuch sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admtmstrators, successors, and asmgns, jointly and severally, firmly by these presents Thru Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement wfuch ~ncreases the Contract prtce, but ~n no event shall a Change Order or Supplemental Agreement whmh reduces the Contract price decrease the penal sum of tfus Bond THE OBLIGATION TO PAY SAME is cond~noned as follows Whereas, the Principal entered mto a certain Contract, tdent~fled by Ordinance Number 2000-421, w~th the City of Denton, the Owner, dated the 28 day of November A D ~.DD_0, a copy of which is hereto attached and made a part hereof, for B~d # 2577 - Brmker Road NOW, THEREFORE, ~f the Pmnc~pal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, condmons and agreements of said Contract in accordance with the Plans, Specfficat~ons and Contract Documents dunng the original term thereof and any extenmon thereof which may be granted by the Owner, with or without nonce to the Surety, and during the hfe of any guaranty or warramy required under th~s Comract, 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 said Contract that may hereafter be made, not~ce of which modlficaUons to the Surety being hereby wmved, and, if the Pnnmpal shall repair and/or replace all defects due to faulty materials and workmanship that appear w~thm a period of one (1) year from the date of final complenon and final acceptance of the Work by the Owner, and, if the Pmnmpal shall fully mdemmfy and save harmless the Owner from all costs and damages wfuch Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur In making good any default or deficiency, then this obhgatlon shall be void, otherwise, it shall remam m full force and effect PB - 1 PROVIDED FURTHER, that If any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall 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, Drawmgs, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7,19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument ~s executed in 4 which shall be deemed an original, thru the 28 day of November . copies, each one of , _2O_ff~ ATTEST BY SECRETARY PRINCIPAL ~P~DI~NT, 3erry Conatser ATTEST SURETY Un~on Insurance Company of Provzdence (Emolovers Mutual Cam,Mtv C~n~anv) . A Tji,/ORN Ey _iN. ~-~ C-(T'-- Glenna S Davzs The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is Howard Dugger NAME ll~ Insurance Co8 1702 North Collzns Blvd , State 200 STREET ADDRESS Pachardson, TX 75080-3571 Tel No 972 437 0100 (NOTE Date of Performance Bond must be date of Contract corporation, gtve a person's name ) PB - 2 If Restdent Agent ts not a Bond No S268938 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Conaster Constructmn Inc., whose address m PO Box 15804. FT. Worth. TX 76119 , i Insur' e of hereinafter called Principal, and ~.[~,~}n~? ~rc,,~1%,cr~p~.Qi>c°viderlce a corporation orgamzed and existing under the laws of the State of Io~a , and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a munlmpal corporation orgamzed and ex~stmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or wnprovements hereinafter referred to, m the penal sum of Nine Hundred Forty N~ne Thousand Nme Hundred Thirty One and 50/100 DOLLARS ($ 940:931.50) in lawful money of the Umted States, to be paid m Denton, County, Texas, for the payment of whmh sum well and truly to be made, we hereby bind ourselves, our he,rs, executors, admmmtrators, successors, and assigns, jointly and severally, firmly by these presents Tfus Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number ~10_0_0=_421, with the City of Denton, the Owner, dated the 28 day of November A D _209_0, a copy of which Is hereto attached and made a part hereof, for lt~d 2577 - Br~nker Road. NOW, THEREFORE, If the Principal shall well, truly and faithfully perform ~ts duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material m the prosecution of the Work prowded for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which mothficatlons to the Surety being hereby expressly waived, then this obhgat~on shall be void, otherwise it shall remain m full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclumve venue shall lie m 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 ~t does hereby wmve not~ce 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 Thru Bond is gxven 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 understgned and demgnated agent m hereby demgnated by the Surety herem as the Remdent Agent m Denton County to whom any reqmmte notices may be dehvered and on whom servtce of process may be had m matters arising out of such suretyship, as provtded by Artmle 7 19-1 of the Insurance Code, Vemon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, thru instrument is executed m 4 cop~es, each one of which shall be deemed an original, thru the 28 day of Nnvember, 2000 ATTEST SECRETARY PRINCIPAL Conatser Construction, Inc ATTEST SURETY Urn_on Insurance ~y of Prow. dence (Employers Mutual Casualty Cc~oanT)~ A T/~CO RNEY _ i N_~--~q~ T Glenna S Davzs The Restdent Agent of the Surety m Denton County, Texas for dehvery of notice and serwce of the process m Howard Dugger NAME I~E Insurance co~. 1702 North Collxna Blvd , Suxte 200 STREET ADDRESS Rmchardson, TX 75080-3571 Tel NO 972 437.0100 (NOTE Date of Payment Bond must be date of Contract corporation, give a person ~s name ) If Resident Agent is not a PB - 4 EMC P O Box 7112 · DeS Moines, Iowa 50303 ,,, ;, {~EaT!~t,CAI'E OF AUTHORITY INDIVIDUAL ATTORNEY. IN-FACT I~NOW ALL MEN B~,;?~I~I~Ir~R~ENT$, that, I Em=loves Utua Ca ~r I~,~o~. an' owe Co~orat~on 5 Dakota Fire Insurance Company, a No~h Dako~ Cor~ratmn ~ Unlonl~ranae, Com~n~,~Vl~,an.lo~a?~ora~lo~ / meHamlltonMumalmsuran~Gompa~,anumo~ratma 4 ~em~er m~ ~ seve~ as'~C~p~dy"and ~lie~lvely as "Companies", each does, by these presents make, consMute and '~HY ~INSON, V~C~I~'~,~A~A, GWEN W BIEHLER, MICHAEL A DE~BANO, RICK BONDUARN~ GLENNA S DAVIS, ~ tree and i~ul,attome~l~a~[~- 'wl~,~[I 9ower and authonty ~nfermd to agn, seal, and bonds, instrumen~ of a ahd ~0 ~ih~ e~ C~ ~ e~t~ ~d,to ~e same extent as If such Instruments were signori by the duly authorized ofl~m ef each ~ C~pany a~d ali of fie eC~ of sa d a~ney P~t ~e au~on~ hereby g~ven are h~eby ratified and ~nfirmed ~e authofl~ hereby g~nt~ s~ell, px~i~ .', April 1, 2002 unless sooner revoked , ,' ,', =", , AUTHORI~ FOR POWER OF ATTORNEY This P~er~f~t~mey ~s r ;~XecB~ pursuant to and by the authonty of the following resolubon of the Boards of Dtm~om ,~ularty d~[y ~lled and held ~n 1999 ~OEVED Offi~r, any V~ Pms~den~ the Tr~surer and the Secm~ of Employem Mutual Cas~ Company ~all have power agd authorize them t0 ~ecute on behalf of ea~ Company and atta~ the seal of the Core.ny t~r~o bonds and ~ t~dem~ and other wrlbngs obllgato~ in ~e nature ~ereof, and (2) to remove any such a~orney m ~ at any time and revoke the power h~ Aff0rneys In fact shall have power and aa~onty subje~ to the terms and I~m~tlons E the pewer-of a~omey msued to them, and to a~ch the seal of the Company thereto bonds and unde~aklngs, re~n~ces, contras of ~ndemm~ and such ns mment executed by any such aEorney ~n fact shall be fully and In all respects b~n~lng upon the Company ~ authorized heroin made by an offi~r of Employers Mutual Casualty Company shalt be ~lly and matl respects mechanl~lly mprodu~d ~gnature of su~ officer whether made hereto~re or h~eaffer, whemv~ eppeanng up~ a ~ ~ Company, shall be valid and blndi~ upon the Company w~th the same force and affect as t~ough m~lly affix~ ~N ~E~ ~E~ ~ ~s'Have caused these p~s t~ be signed ~r each by their offi~m as shown, and the Co~a~e sea~ to. hereto a~ed th,s ....... . , ~ ,i~., ,,~ ........... Bruce G Kelley, C~a~man ~ Donald L Cougn~er ...... ' ..... , ~ ?. .." ~u~ ' Nota~ Public ~n and for the S~te of iowa, personally ap~ared B~ G Kelley and Donald ~ L Goughennower who being by me duly sworn, d~d say ~at they am, and are known to me ~ SEAL ~ to be the Charman President Vice Chairman and CEO, and/or Assistant Secmta~, respecbvely, of each of The Compames above, that the seals affixed to ~s instrument are %~ ~ 3~AL / ~* ~..: ,~,w;~ %.~ ...... , ~ the seals of samd corpomt,ons, that smd mnstmment was s~gned and seal~ on behalf of each , /ow~ ..., , ~ ~r~,~ .,~e ~ ...,O~ES~. of the Compames by authon~ of their respective Boards ~ Dmm~om, and that the samd "* ' ~ ~ ~ '~ ""' """ Bru~ G Kelley a~d Donald L Coughennower, as su~ offi~rs~ a~o~dge ~he exertion of smd ~nstrument to be the volun~ act and deed of each of ~ Co~pani~ I, ~av~d ~ ~X~h,, ~I~ ~r~[d~at of th* Com~m~*, do h,roby ~d~ hat ho ~oro~om~ rosolutton of tho Board~ o[ ~ro~om ~y *ach ol tho 28, 1999 a,a ~ffect ~ Tes~mo~y ~er~ll ,~ my, name and affixed ~e facsmmmle ~al of each Company thins 28th day 0f~ ACORD. CERTIFICATE Oi5 LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MA~ I =el OF INFORMATION PRODUCER (817)457-6700 FAX (817)457-7246 THE SWEENEY COMP/(NY 1121 E Loop 8201 South P O Box 8700 Fort Worth, TX 76124-0700 INSURED Conatser Cohstruction, ]Enc P 0 Box 15804 Fort Worth,' TX 76119 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE ~NSURERA B~tum~nous Casualty Corp INSURERB Bituminous FTre & Marine INSURERC Fireman's Fund/Nat'l Surety (Cas Mkt) INSURER D INSURER E COVERAGES THE POLICIES OF INSUI~NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICJES AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS GENERAL LIABILITY :LP 3 091 832 08/01/2000 O8/01/Z001 EACH OCCURRENCE $ 1,000,000 ~ COMMERCIAL GENI~RAL L LRBILITY FIRE DAMAGE (Any one fire) S 100 ~ 000 I ~ OCCUR MED EXP (Any one person) $ 5 , 000 CLAIMS A PERSONAL & AOV INJURY $ 1,000,000 GENERAL AGGREGATE 2,000,000 GEN L AGGREGATE LIMIt' APPLIES PER PRODUCTS COMP/DP AGO 2,000 ~ 000 -I FOL,CY F-] j a OT I--1 LOC AUTOMOBiLEUABILrTY ~AP 3 091 824 08/01/2000 , 08/01/2001 COMBiNEO SiNGLE LiMiT $ ~- ANY AUTO (E. accident) 1,000,00(] B -- AUTO ONLY AGG $ EXCESS LIABILITY I(YZ-000-9637-9276 08/01/2000 08/01/2001 EACH OCCURRENCE $ 5,000,00( X'~ OCCUR [] CLAIMS MADE AGGREGATE $ 5! 000,00( C WORKERS COMPENSATION AND ~C 3 091 826 08/01/2000 08/01/2001 X ToRyWCSTATUL MITS IOEqRH EMPLOYERS LIABILITY E L EACH ACCIDENT $ 500,000 A EL DISEASE EAEMPLOYEE $ 500~000 E L G~SEASE POUCY UNIT $ 500~000 tE BR[NKER ROAO, BID # 2577 CERT HOLDER NAMED ADDITTONAL ]ENSURED ON ALL POLTCTES EXCEPT ON 9/ORKER5' :ONPENSATION, WTTR WAIVER OF SUBROGATION ON ALL POLTCTES AS REQUTRED BY WRTTTEN CONTRACT ~0 DAY CANC NOT[CE AMENDEO TO 10 DAY FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETYER __ CITY OF DENTON 221 N ELM STREET DENTON, TX 76201 ACORD 25 S (7197) CANCELLATION Said policy shall not be cancelled, non-renewed or materially changed without 30 days advance written notice being given to the O~raer, except when the policy is Being cancelled for non- payment or premium in which case 10 days advance written notice is required ©ACORD CORPOI~TION lg8u IMPORTANT If the certificate holder ~s an ADDITIONAL INSURED, the policy(les) must be endorsed A statement on this cerbficate does not confer rights to the certificate holder ~n l~eu of such endorsement(s) If SUBROGATION IS WAIVED, subJect to the terms and conditions of the policy, certain policies may require an endorsement A statement on th~s certificate does not confer rights to the cert~flcete holder In lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse s~de of this form does not constitute a contract between the issuing insurer(s), authonzed representabve or producer, and the certificate holder, nor does it affirmabvely or negabvely amend, extend or alter the coverage afforded by the policies listed thereon ACORD 28 S {?/97) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ts directed to the insurance requirements below It ts highly recommended that bidders confer with their respective insurance carriers or brokers to determine tn advance of Bid submission the avadablhty of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fads to comply strictly with the msurance requirements, that bidder may be dtsquahfied from award of the contract Upon bid award, all insurance requirements shall become contractual obhgattons, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without hmtttng any of the other obhgattons or habthttes of the Contractor the Contractor shall provide and maintain untd the contracted work has been completed and accepted by the City of Denton, Owner, the mtmmum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchastng Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opemng, since the insurance requirements may not be modified or watved after bid opening unless a written exceptton has been submitted with the bid Contractor shall not commence any work or dehver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance poltcles proposed or obtained in satisfaction of these requirements shah comply with the following general specifications, and shah be maintained in comphance with these general specifications throughout the duration of the Contract, or longer, if so noted Each pohcy shall be issued by a company authorized to do business ~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 m the bid proposal If requested by the C~ty, the ~nsurer shall reduce or ehm~nate such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses L~abthty pohc~es shall be endorsed to provide the following Name as addlt~onal insured the C~ty of Denton, ~ts Officmls, Agents, Employees and volunteers oo That such insurance ~s primary to any other insurance avmlable to the additional ~nsured with respect to clmms covered under the policy and that this insurance applies separately to each insured against 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 hab~hty · All pohc~es shall be endorsed to rend. "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 reqmred insurance be provided under a claims-made form, Contractor shall mmntmn such coverage continuously throughout the term of th~s contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term which g~ve nsc to claims made after expiration of the contract shall be covered Should any of the reqmred insurance be provided under a form of coverage that includes a general annual aggregate hm~t providing for claims ~nvestlgat~on or legal defense costs to be included in the general annual aggregate hmtt, the Contractor shall e~ther double the occurrence hmlts or obtain Owners and Contractors Protective Lmblhty Insurance Should any reqmred insurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed untd the C~ty receives satisfactory evidence of reinstated coverage as reqmred by th~s contract, effective as of the lapse date If insurance ~s not reinstated, C~ty may, at ~ts sole option, terminate th~s agreement effective on the date of the lapse SPECI]ZlC ADDITIONAL INSURANCE REQUIREMENTS: All tnsurance pohc~es proposed or obtained tn sattsfactton of thts Contract shah ad&ttonally comply wtth the followtng marked spectficattons, and shall be matntamed tn comphance wtth these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted [X] A General Lmblhty Insurance: General Llablhty ~nsurance wtth combined s~ngle hmlts of not less than $1 ~OOO;O00 _shall he provided and maintained by the Contractor The pohcy shall be written on an occurrence basis either ~n a single policy or ~n a combination of underlying and umbrella or excess policies If the Commercml General Liability form (ISO Form CG 0001 current edition) is used Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual hablhty covering this contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, ~t shall include at least Bodily 1Bjury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resuinng from explosion, collapse or underground (XCU) exposures · Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [X] Automobile Liability Insurance' Contractor shall provide Commercial Automobile Liability insurance with Combined S~ngle Limits (CSL) of not less than $1 ,ooo:OO0 either in a single policy or in a combination of basic and umbrella or excess pohmes The pohcy will include bodily injury and property damage hablhty arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for · any auto, or · all owned, hired and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and mmntaln Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy hmlt for occupational thsease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation agmnst the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 ~n accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [1 [] Owner's and Contractor's Protective L~ablhty Insurance The Contractor shall obtmn, pay for and mmntmn at all t~mes dunng the prosecution of the work under th~s contract, an Owner's and Contractor's Protective L~abd~ty ~nsurance policy naming the City as ~nsured for property damage and bodily tnjury whmh may arise ~n the prosecution of the work or Contractor's operations under th~s contract Coverage shall be on an "occurrence" basis, and the pohcy shall be ~ssued by the same ~nsurance company that cames the Contractor's hab~hty ~nsurance Pohcy hmlts wall be at least combined boddy injury and property damage per occurrence w~th a aggregate Fire Damage Legal Liability Insurance Coverage is reqmred ~f Broad form General Lmbd~ty ~s not prowded or is unavailable to the contractor or If a contractor leases or rents a port~on of a City bmld~ng Ltmlts of not less than each occurrence are reqmred [1 Professional Liability Insurance Professional hablhty ~nsuranee w~th limits not less than per clmm with respect to negligent acts, errors or omissions in connection with professional services is reqmred under th~s Agreement [] Builders' Risk Insurance Builders' l~sk Insurance, on an All-Pdsk form for 100% of the completed value shall be provided Such policy shall ~nclude as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [] Additional Insurance Other ~nsurance may be reqmred on an ~nd~wdual bas~s for extra hazardous contracts and specific service agreements If such addmonal ~nsurance is required for a specffic contract, that requirement will be described ~n the "Spemfic Cond~ttons" of the contract spemficat~ons ATTACHMENT 1 ix] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certfficate")-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 msuranee coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor careers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, promdlng, hauling, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor providing services on the project, for the duration of the project C D The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtmn from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certfficates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certfficate of coverage ends dunng the duration of the project F The contractor shall retam all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mall or personal dehvery, wlthm 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing semces on the project H The contractor shall post on each project site a notice, an 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 stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to prowde services on a project, to (1) provide coverage, based on proper reporting of classfficauon codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees prov~dang services on the project, for the duration of the project, (2) prowde to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage ts being provided for all employees of the person providing serwces 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 showmg extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng the duratmn of the project, (5) (6) (7) obtmn from each other person with whom xt 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 certfficate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certfficate of coverage ends dunng the duration of the project, retain all reqmred certfficates of coverage on file for the duration of the project and for one year thereafter, notify the governmental entity in writing by certified mall or personal delivery, w~th~n 10 days after the person knew or should have known, of any change that materially affects the prows~on of coverage of any person provid~ng services on the project, and contractually reqmre each person with whom ~t contracts, to perform as reqmred by paragraphs (1) - (7), w~th the certfficates of coverage to be prowded to the person for whom they are prowdlng services By signing tins contract or providing or causing to be provided a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who will provide servmes on the project wall 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 w~th the appropriate insurance career or, ~n the case of a self-insured, w~th the commission's Division of Self-Insurance Regulation Prowd~ng false or m~sleadlng 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 ~s a breach of contract by the contractor winch entitles the governmental entity to declare the contract vo~d if the contractor does not remedy the breach within ten days after recmpt of notice of breach from the governmental entity Bid 2577 -Brlnker Road -CONTRACT & INS 11-00 BID SUMMARY TOTAL BID PRICE IN WORDS f~Cgt~ [~l, ot~dCed ~:~C'l'~ ~d~} ~- In the event of the award of a contract to the undersigned, the undersigned wdl furmsh a performance bond and a payment bond for the full amount of the contract, to secure proper comphance with the terms and prows~ons of the contract, to ~nsure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful clmms for labor performed and materials furmshed m the fulfillment of the contract It ~s understood that the work proposed to be done shall be accepted, when fully completed and fimshed m accordance w~th the plans and specifications, to the sat~sfactmn of the Engineer The undersigned certifies that the b~d prices contained m th~s proposal have been carefully checked and axe submitted as correct and final Umt and lump sum pnces as shown for each ~tem hsted m th~s proposal, shall control over extensions CO~RACTOR Street Address C~ty and State Seal & Authorization (If a Corporation) Telephone B-I BID SUMMARY 1 2 Bnnker Road Water System Improvements 3 Bnnker Road Pawng and Drainage Alternate # 1 TOTAL (Project 1 + Project 2) PROJECT WORK DAYS Bnnker Road Pawng and Drainage Improvements AJJ~l~'~ oo l0 2oo BID The pavement and drmnage port~on of th~s project will be awarded to one contractor The award will be based on the total of Protect 1 (Bnnker Road Pawng and Drainage Improvements) and Project 2 (Bnnker Road Water System Improvements) as bsted above The paving and drmnage has be0n separated from the water ~mprovements for bookkeeping purposes only All or some of the ~tems ~n the alternate b~d (Project 3 as bsted above) may be substituted for ~tems m the standard b~d B-2 Bnnker Road Paving and Drmnage Improvements BID TABULATION SHEET Item 121 I 3-A I 3-B 2115 2 12 3-A Work Days , 200 B~d No PO No Contractors Wan'antles and Understandings - UmtPnce~nWords ~.f4 ec~n 'r'h~a~d ~ l~ ]4" ~Thlck Cmshed R~k H, ke & B,ke Trail UmtPncemWords ~t~ ~6 ~ ~6" Thick Cement Stabilized Crush R~k Trail 152 ISY I$ 8'OO ISY[$ltgtec~ Unit Price m Words I Inlet Frame and Cover Unit Place in Words 18" Class III R C P Unit Price in Words : 12 3-B 12l" Class III R C P I 334 UmtPncemWords -r'ht-rJto[ Ola~ r'a011a4,'a an, d. 123-C124"Class III R C P I 364 12 3-D Unit Price in Words 27" Class III R C P Unit Price in Words Umt Price tn Words 2123-F 136" Class IIIRCP Umt Price in Words 123-G 118" Class IV RC P Umt Price ~n Words 2 12 3-H 124" Class IV R C P 12 3-J Umt Price m Words Double 7' X 4' Box Culvert ' Umt Price tn Words /LF [ $ ZtO2.g P-3 Bnnker Road Pawng and Drainage Improvements BID TABULATION SHEET 12 14-B 2 12 14-C 12 14-D Item Quantity 12 2" Dove Grey Schedule 40 P V C 321 Umt Price tn Words r Schedule 40 PVC in Words Schedule 40 PVC Umt Price m Words , Schedule 40 PVC 595 595 134 I-A I-B 33 35 104 107 Work Days 200 B~d No ~5"q"l PO No Unit Price Total /LF fLF /LF Umt Pnce m Words Remove Existing 30" Type "B" Headwall Unit Price in Words Right-of-Way Umt Price in Words Remove Extstln~ Street Bamcade Unit Price tn Words Remove Existing Barbed Wire Fence Unit Price in Words 0~t~ Unclassified Street Excavation Unit Pnce tn Words "/"W0 ~;~lttLleX Oatd Controlled Density Excess Excavation Waste Site Fdl I $ Zoo g~ ~o 138 $ ~ oo /LF 6qo ~ 1,055 /LF 22,694 ~ g'~ ICY I 12,481 ICY IS /,00 ICYlSl~:t4,glW Untt,Pnce tn Words 0rio T~I/o.r' co1~ IConirolled Density Roadway Embankment IBroadcast Seed Excess Waste Excavat,on S,te Umt Price m Words O~ ~h~a~ UmtPncemWords 0~ ~1~ ~ P-4 Brmker Road Pawng and Drmnage Improvements BID TABULATION SHEET Work Days Bid No PO No 2O0 Item Descriptton Quantity Unit Price Total 12-A Slit Fence without reinforcing wire Unit Price m Words 1,620 /LF 12-B 12-C 3 12-D 3 12-E 12-G 12-H 4 7-A 7-B 7-C 5 8-A 5 8-B 7 6-A-1 Slit Fence with relnforcln~ wire Unit Price in Words "I-~o 12" Hlsh Rock Berm / Slit Dam 470 20 [ LF ISzo Unit Price in Words 18",Phgh Rock Berm / Slit Dam Umt Price in Words -'l~c r4u ~r~ Ilnl~t Treatment per Detail on Sheet 35 UmtPnceinWords One glare, ti 'lcmd~r m~' ~,~ Inlet ~o,ectlon O0 Unit Pnee in Words Construction Entrance per sheet 34 Unit Price in Words 2" Cement Stabdized Sub,fade Unlt Price m Words 6" Cement Stabilized Sub,fade Umt Price In Words 0~ -Dal tan' [Ponland Cement /EAI $ a~V~o ao /EAI$ ~ oo [ 152 I SY 151 ~o /SY]$ Z¢'3:'. ~ 297 TON $ q6.ao ~TOI~Sz~O0 Umt Pnce ,n Words Unit ~ce m Words Un,t Pnce In Words 10' Standard Curb Inlet Umt ~ee m Words P-5 Bnnker Road Pawng and Drmnage Improvements BID TABULATION SHEET ¥¥OrK I Jays BM No PO No Item 7 6-A-2 6-A-3 Description 10', Recessed Curb Inlet Umt Price In Words ~ ¢ "l~l~2Sttat~ Double 8' Recessed Curb Inlet 7 6-A-4 7 6-A-5 7 6-A-6 6-A-7 6-B-I 7 6-B-2 811 14 82 Untt Price tn Words t Price m Words [4 D~ameter Sto~ Dram Manhole Umt ~ce m Words 15' Dtameter Sto~ Drmn Manhole UnttPncemWords -'r-~o 'r~S.US~LrUZ/ ~tzr /'l'u.v~lr~c'J ..~t~tr'.~ ~ lS'X5' Storm Dram Junct'on Box I , I E^ Umt Price m Words [=n,, w¥~ ~ ae~dwall (aee S~eet n0 of elans,I Parapet Wall and Handratl I Umt Price tn Words Th UmtPnce~nWords ~ge. om,-~ lA~r'~d ~g~s r.,..nd n0 ¢eanac$. Bamcades, Warning S~gns, and Detours Umt Price ,n Words One. Tlo. t~t.a aaa// Metal Beam Guard Fence and 25 terminal secuons Umt Price m Words {g?'4c4-t.n 1 5-Strand Barbed W~re Fence Umt Price m Words ~-~' f'~tCtc~C.s I lntegral Curb Umt Price tn Words 8 3A-I [4' SMewalk Umt Price tn Words 100 655 ] LF 11,658 LF P-6 Bnnker Road Paving and Drainage Improvements BID TABULATION SHEET Item 3A-2 8 3A-3 15-A 15-B 1.53 SP-10 SP-16 Work Days 200 B~d No ~ PO No 4' iStdewalk -Accesstble Ramps 19 U~ttPncemWords SilOh, ~I&Lr',$ ~d ~0 c~. 17"l Class "A" Concrete Pavement UmtPncemWords ~ ~ Up~t Price m Wor~ ~ ~ Umt Price m Words ~'~ ~l~C~ Dram Outlet . Umt ~ce m Wor~ ~'~ ~ ~ ~ c~ [ kExcavat,onI I I*,0.OO Umt ~ce m Wo~ $P-17 SP-18 8" to 18" Htl~h Keyston, Untt Pr:ce tn Words to 18" H~ Umt Price tn Words IFlared Concrete and Keystone Headwall Untt Price tn Words T"wa '}Tna~t~'a. ao~ Wall 370 ~l-'we.~n~ Oolta,r~ oa, zct I 156 P-20 SP-37 ;P-39 32 8" Diameter Wood Bollard 5' Long Umt Pnce tn Words O~l.t: lqt,.,~atr'e.,d r'~oHa.r'.s '15:" Schedule 40 Steel P,pe Fold Down Bollard'1 3 ~nttPncetnWords 0sa~- b.l.c~,~r.q.d ~'~4~ I Excavat,on Protect,on 11,316 Umt Price tn Words SP-55-A [ roje=, S,gns Untt Price m Words ~" Reflector{zed Type II-C-R Wh}te Ceram{c [pavement Markers Umt Price tn Words 2 4~/,L~.c~ a*~:/ r'Fv ce.~. I 151 EA$ 6, c~ /EAI$ EA [$5o0C:~o /EA[$1, O~ oc~ 906, .oo P-7 BID TABULATION SHEET Item 5P-55-B 4" Non-reflecmrlz~l Type W White Ceramic Pavement Markers 292 I EA [ UmtPncemWords ~'ue~ '~[~)Ca~.~ (a, ax~ B,d No PO No UnitPrtce Al Total SP-60-B 24" X 30" Speed.Ltmtt Stlgn R2-1 Umt lance m Words ~ SJ'Ln.sn_dr~x/, SP-60-C 124" X 30" Keep Rtght Stgn R4-7 Umt Price In Words ~--~c' I-4L,.,vl~r,eM SP-60-D ]30,, x 30,, Curve Sign WI-2L and WI-2R Umt Price m Words [2'~ve~ ~t.a.,adr~d ~ lln~'c SP-60-E 16" Extruded Street S~gn [ I ;P-61 UmtPncemWords ~"~CO¢ [4t~.~dra~t 12Cqta..r'.~ cc~c:l r~o ¢ee94-¢. UmtPncemWords "/'VO0 S4uana~lred ~L~fb/~ ~///ar',~ a~ ~O0 COa. P~, Unit Price tn Words P-8 Bnnker Road Water System Improvements BID TABULATION SHEET Work Days BId No PO No ; Includmg Polywrap 2 12 8 1200 Unit Price m Words 2 12 9-/~ 15" Dmmeter 1/4" Thick Steel Casln~ I lis Unit Price In Words 2 12 9-B121" D, ameter 1/4" Thick Steel Casm Unit Pnce tn Words 13 [ 12" Gate Valve i5-A Unit Price in Words 0lac "~ect~td 2" Blow Off Valve and Meter Box Unit Price in Words O~se '7~r~,a_ta~ SP-14 ]Connect to Existm$ Waterline End Unit Price in Words SP-15 Expose and re-backfill ex~stmg waterhne Unit Pnce ~n Words l~'~V~ j4,--.~ dv'..~ Umt Pnce m Words Unit Price in Words Umt Price In Words TOTAL TOTAL PRICE IN WORDS "~'~a P-9 Bnnker Road Pawng and Drainage Alternate #1 Item 6-A BID TABULATION SHEET Quantity 18,495 : Price In Words a.,rtd 297 Umt Price In Words ~ :;i ~ r~ o Work Days BId No. PO No Unit Price Total /SY 12 24-C 30" ADS N-12 Type S HDPE 101 Unit Price In Words "~ 12 24-DI36'I' ADS N-I2 Type S HDPE I 61 Unit Price In Words Unit Price In Words I Unit Price In Words $ $ Unit Price In Words U/ut Price In Words $ $ OTAL TOTAL Umt Price In Words I' ~i' I 12-, Ioo,tt, O PRI~E IN WORDS 0~4~ 14u.~.~¢e,~ T'~oe. Jve/T/~o'as~a-~:t 0~,.- htu~re_~ l;~lta~.r c~d ~['[% ce,cts. 2/3/00 P- 10