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1999-061 ORDINANCE NO qq- 0~o / AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW WASTEWATER TREATMENT PLANT ROAD AND WEIGH STATION SITE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AND EFFECTIVE DATE (BID #2332 - MAYHILL AT WASTEWATER ROAD IMPROVEMENTS AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $191,881 05) WHEREAS, the City has sohmted, recmved and tabulated competitive Nds for the construction ofpnbhc works or ~mprovements ~n accordance w~th the procedures of STATE law and C~ty or&nances, and WHEREAS, the C~ty Manager or a designated employee has recmved and recommended that the herem described Nds are the lowest responsible Nds for the construction of the pubhc works or improvements described ~n the bid lnmtatmn, Nd proposals and plans and specifications therem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the following competmve Nds for the constructmn ofpubhc works or improvements, as descnbed in the "B~d Invltat~ons", "B;d Proposals" or plans and specfficat~ons on file ~n the Office of the C;ty's Purchasing Agent filed accordmg to the bid number assigned hereto, are hereby accepted and approved as bemg the lowest responsible Nds BID NUMBER ~ AMOUNT 2332 JAGOE-PUBLIC COMPANY $191,881.05 SECTION II That the acceptance and approval of the above competitive Nds shall not constitute a contract between the C~ty and the person submitting the bid for constructmn of such pubhc works or ~mprovements here~n accepted and approved, until such person shall comply w~th all requirements spemfied ~n the Notme to B~dders ~nclud~ng the timely execution of a written contract and furmshlng of performance and payment bonds, and ansurance certfficate after notfficat~on of the award of the bid ~ That the City Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or ~mprovements m accordance with the bids accepted and approved hereto, prowded that such contracts are made m accordance with the Notice to B~dders and B~d Proposals, and documents relating thereto spemfy~ng the terms, conditions, plans and spemficat~ons, standards, quantmes and spemfied sums contamed thereto SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and improvements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds m the manner and m the amount as specified in such approved bids and anthonzed contracts executed pursuant thereto SECT__~ That ttus ordinance shall become effective lmmedmtely upon Its passage and approval PASSED AND APPROVED this the/2~/Id day of ~ ,1999 jA~L~I(, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2332 - WASTEWATER ROAD IMP CONTRACTUAL ORDINANCE ATTACHMENT # t TABULATION SHEET B~d # 2332 Date MAYHILL ROAD BOX CULVERT I Mayhlll Road Box Culvert $104~005 00 $7t ~653 00 2 Waatewater Treatment Plant Road $119~984 05 $186~119 00 3 Weigh Station $66~072 00 $'1 t 0~641 00 4 Ma~'hlll Culvert Alt t $2%562 00 $18~930 00 5 Mayhlll Culvert Alt 2 $5~350 00 $2~100 00 6 Mayhlll Culvert Alt 3 $4~328 00 $1~000 00 7 Waetewater Treatment Plant Rd ~4 $5~825 00 $2~800 00 Total Item 1, 2 & 3 $290,06t 05 $368,413 00 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into th~s 2 day of MARCH A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, Cxty Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC COMPANY P.O. BOX 250 DENTON, TX 76202 of the C~ty of DENTON County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and in conslderatton of the payments and agreements hereinafter mentmned, to be made and performed by OWNER, and under the condmons expressed m the bonds attached hereto, CONTRACTOR hereby agrees wnh OWNER to commence and complete performance of the work specafied below BID # 2332- MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS ~n the amount of $191,881.05 and all extra work ~n connection therewith, under the terms as stated ~n the General Condmons of the agreement, and at h~s (or their) own proper cost and expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence, labor, msurance, and other accessories and services necessary to complete the work specffied above, m accordance w~th the condttmns and prices stated m the Proposal attached hereto, and ~n accordance w~th all the General Conditions of the Agreement, the Special Con&tlons, the Not,ce to B~dders (Advertisement for Bids), InstructlunS to B~dders, and the Performance and Payment Bonds, all attached hereto, and m CA- 1 accordance with the plans, whlch ~ncludes all maps, plats, blueprints, and other drawmgs and pnnted or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and collectively ewdence and constitute the entxre contract Independent Status It ts 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 C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, social securlty taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty employee benefit C~ty shall not have supervision and control of Contractor or any employee of Contractor, and ~t ~s expressly understood that Contractor shall perform the services hereunder according to the attached speelficatwns at the general d~rect~on of the City Manager of the C~ty of Denton, Texas, or h~s designee under this agreement Indemmficatlon Contractor shall and does hereby agree to ~ndemmfy 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, ounsslon or neghgent act of Contractor, ~ts officers, agents, employees, mwtees, and other persons for whom ~t Is legally hable, with regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall he ~n 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 within the tune stated m the Proposal, subject to such extensions of time as are provided by the General and Special Condmons The OWNER agrees to pay the CONTRACTOR m current funds the price or prices shown ua the Proposal, wfuch forms a part of th~s contract, such payments to be subject to the General and Spec:al Condmons of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST · -1 CONTRACTOR P'UULI~ bUN]VANY BOX 250 MAILING ADDRESS PHONE NUMBER (9¢o> 3~Z. FAX NUMBER ~ APPROVED AS TO FORM P~NTED NAME CITY ATTO~EY 1 CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY, whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter called Principal, and I ~,$$(EL~T[~)tNomsr~¢oa~e~?~ a corporation orgamzed and ex~stlng l~nder th~'laws of ~e S/ate of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal corporatmn orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, m the penal sum of ONE HUNDRED NINETY ONE THOUSAND AND EIGHT HUNDRED EIGHTY ONE and no/05 DOLLARS ($191,881.05) plus ten percent of the stated penal sum as an adthtlonal sum of money representing addmonal court expenses, attorneys' fees, and hquldated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be pa~d m Denton County. Texas, for the payment of which sum well and truly to be made, we hereby b~nd ourselves, our heirs, executors, adrmmstrators, successors, and assigns, jointly and severally, firmly by these presents Th~s 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 th~s Bond THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the Pnnclpal entered into a certain Contract, ~dentlfied by Ordinance Number 99-061, with the City of Denton, the Owner, dated the 2 day of MARCH A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2332 - MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS. NOW, THEREFORE, If the Principal shall well, truly and faithfully perforra and fulfill all of the undertakings, covenants, terms, condmons and agreements of said Contract in accordance with the Plans, Specifieatmns and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, w~th or w~thont notice to the Surety, and during the life of any guaranty or warranty reqmred under th~s Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, condmons and agreements of any and all duly authorized mod~ficauons of said Contract that may hereafter be made, notice of which mod~ficatiuns to the Surety being hereby waived, and, ~f the Principal shall repair and/or replace all defects due to faulty matermls and workmanship 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, if the Principal shall fully lndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully rennburse and repay Owner all outlay and expense which the Owner may incur m making good any default or deficiency, then this obhgat~on shall be void, otherwise, ~t shall remain in full force and effect PB - 1 PROVIDED FURTHER, that If any legal acuon be filed upon this Bond, exclusive venue shall he m Denton County, State of Texas AND PROVIDED FURTHER, that the sa:d Surety, for value received, hereby sUpulates and agrees that no change, extension of tune, alteraUon or addmon 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 ~n anywise affect ~ts obhgauon on th~s Bond, and ~t does hereby waive not.ce of any such change, extension of tune, alterauon or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficaUons, Drawings, etc Th~s Bond is 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 unders:gned and designated agent ~s hereby designated by the Surety hereto as the Resident Agent m Denton County to whom any reqms~te nouces may be dehvered and on whom serwce of process may be had m matters arising out of such suretyship, as prowded by Arncle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, th~s mstnmaent is executed ~n 4 cop~es, each one of whu:h shall be deemed an original, th~s the 2 day of MARCH 1999. ATTEST PRINCIPAL ATTEST SURETY ~TORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for dehvery of nonce and serwce of the process ~s NAME Wll. l,18 CORROON CORP STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a corporation, gtve a person's name ) PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY, whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter called Prtnclpal, and ~SS~AT~t~0mN~O0~0~m~ . , a corporation organ]zed and extstmg under the laws of the State of TEXAS, and fully anthorlzed to transact business tn the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mutnclpal corporatton organ]zed and ex~stmg under the laws of the State of Texas, heretnafter called Owner, and unto all persons, firms, and corporattons who may furmsh materials for, or perform labor upon, the building or lmprovemems hereinafter referred to, m the penal sum of ONE HUNDRED NINETY ONE THOUSAND AND EIGHTY EIGHT ONE HUNDRED and no/0S DOLLARS ($191,881.05) tn lawful money of the United States, to be pa~d tn Demon, County, Texas, for the paymem of which sum well and truly to be made, we hereby bind ourselves, our hetrs, executors, admlmstrators, successors, and assigns, jotntly and severally, firmly by these presems This Bond shall automatically be tncreased by the amount of any Change Order or Supplememal Agreement which increases the Comract prtce, but ~n no evem shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of th~s Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnnctpal entered into a certain Contract, tdentlfied by Orehnance Number 99-060, with the Ctty of Demon, the Owner, dated the 2 day of MARCH A.D. 1999, a copy of which ~s hereto attached and made a part hereof, for BID # 2332 - MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS. NOW, THEREFORE, ff the Principal shall well, truly and fatthfully perform tts duties and make prompt payment to all persons, finns, subcontractors, corporations and clatmants supplying labor and/or material in the prosecutton of the Work provided for tn said Comract and any and all duly authorized modifications of said Comract that may hereafter be made, not,ce of which modifications to the Surety betng hereby expressly watved, then th~s obhgatton shall be void, otherwise tt shall remain in full force and effect PROVIDED FURTHER, that ~f any legal action be filed on this Bond, exclusive venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the satd Surety, for value recetved, hereby stipulates and agrees that no change, extenston of tune, alteraUon or addlUon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficattons, Drawtngs, etc, accompanying the same, shall in anywise affect its obhgaUon on this Bond, and tt does hereby waive notice of any such change, extension of time, alteration or addttlon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spectficatluns, Drawings, etc PB - 3 This Bond is given pursuant to the provlstons 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 ts hereby designated by the Surety hereto as the ResMent Agent tn Denton County to whom any reqmstte notices may be dehvered and on whom serrate of process may be had tn matters arising out of such suretyship, as promded by Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Clvtl Statutes of the State of Texas IN WITNESS WHEREOF, thts instrument ts executed tn 4 cop~es, each one of whmh shall be deemed an original, thts the 2 day of MARCH 1999 ATTEST PRIN~PALD -.~G'o~ -/~9~r'F ct c_ ~¢Ooz~.//.. We PRESIDENT ~/ ATTEST SURETY ATTORNEY-IN-FACIr - The ResMent Agent of ~e Surety m Denton County, Tex~ for dehvery of noUce aM serwce of the process ~s STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, give a person's name ) 2332 CONTRACT&BONDS&INSURANCE PB-4 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That FIREMAN S FUND INSURANCE COMPANY a Caldorma corporatmn NATIONAL SURETY CORPORa. TION an {llmo~s corporatmn THE AMERICAN INSURANCE COMPANY a New Jersey corporation redomestlcated in Nebraska ASSOCIATED INDEMNITY CORPORATION a Cahfornla corporation and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri corporation (hereto collecuvely called the CompuTes )doeseachhepabyappomt ROSEMARY WEAVER AND JOHN R STOCKTON OF DALLAS TX their true md I lwful Attorney(s) in Pact w~th full power of authority hereby conterred tn their name place and stead to execute ~eal acknowledge and debxer any and all site,ted bv tile Campame~ Secretary hereby rallfymg and ~ouhrmmg all that Ihe ~ald Attorney(s) in Pa~t m i~ do tn thc premmes Thl~ po~er ol ulorncy 1~ granted under and by the authority of Amcle Vll ol tile By law~ of FIREMAN S FUND iNSURANCE COMPANY NAq [ONAL SiIR[ TY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANL E COMPANY winch provl~lon~ are now In full force and effect Th~ powe~ of attorney Is ~lgned and sealed under the authomty of the following Re~olutmn adopted by {he Board ol Dl~ctor~ ol FIREMAN S FUND INSLRANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSDRANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and &MERICAN AUTOMOBILE INSURANCE COMPANY at a meetmg duly called and hem or by wmttcn ~onsent on the 19th day ol March I095 and RESOLVED that the ~tgnature ot any %cc President A~lstant Secretary and Resident Assistant Secretary of the Compame~ and the seal ol Ih~ {ac~tmtle and any power of atto~ey any revocation of any power ol attorney or ce~flcate bearmg such facs~mtle s~gnature or fac~mde seal shall he vahd and hmdmg upon the Compame~ f~. ~ <_ ro ,$ *g -- -- ~, THE AMERICAN INSURANCE COMPANY -~%g, ~ /~1~} .k~5~ ~ ~ -- -- ~. AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA COUNTY OF MARIN Onth~s 17 dayof Docombor 1998 ~fom me personally came M A Mallonee tomeknown ~ho hemgbyme duly sworn d~d depose ~d say ~at he m a V~ce Premdent of each company descried m aad whtch executed the a~ve mstmmem that he kaows the seals of the smd Compame~ that the seals affix~ to the ~aM mstmmeat are such company seals that ~ey were so affixe~ by order of the Board of Dtmctors of sam compames and that he ngned h~s name ~ereto by hke IN WITNESS WHERE~I hay* he.unto set my hand and affixed m~ offictal seal ~e day and ye~ hereto first above written z ~ ~n C~n~ ~ t ~ ~m ~ ~1 ~ot~ Pubh~ t ~ CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN I the unde~gned Resident Ass~st~t S~¢ret~y of each company DO HEREBY CERTIFY that the foregoing and attached POWER OF A~ORNEY remains m tull torte and has not been revoked ~d fuahe~or¢ that Aaicle VII of the By laws ot each company and the Resolunon of the ~ard ot D~rectors set tonh m the Power ot Attorney Stgned and s~tea at the County of MTn Dat~ the ~ day of ~arch 3~789 11-98 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Butderts attentton ts d;rected to the tnsurance requtrements below It ts htghly recommended that btdders confer wtth thetr respecttve tnsurance carriers or brokers to determtne tn advance of Btd submtsston the avadabthty of tnsurance certtficates and endorsements as prescnbed and provided herein. If an apparent low bidder fads to comply strictly wtth the tnsurance reqmrements, that bulder may be dtsqualtfied from award of the contract Upon btd award, all insurance requirements shall become contractual obhgattons, whtch the successful btdder shall have a duty to matntatn throughout the course of this contract STANDARD PROVISIONS: Wtthout hmtttng any of the other obhgattons or ltabthttes of the Contractor, the Contractor shall provide and matntatn until the contracted work has been completed and accepted by the Ctty of Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafler As soon as practtcable after nottficatton of b~d award, Contractor shall ftle wtth the Purchastng Department sattsfactory certt, licates of tnsurance, contatntng the btd number and tttle of the project Contractor may, upon wrttten request to the Purchasing Department, ask for clartficatton of any insurance requtrements at any time, however, Contractors are stron~,ly advtsed to make such requests prtor to bid opemng, stnce the tnsurance requtrements may not be modified or watved after btd opemng unless a written exceptton has been submttted wtth the bid Contractor shall not commence any work or dehver any material until he or she recetves nottfieatton that the contract has been accepted, approved, and stgned by the City of Denton All tnsurance pohctes proposed or obtained tn sattsfactton of these requtrements shall comply wtth the followtng general spec~ficattons, and shall be matntatned tn comphance wtth these general spectficattons throughout the duration of the Contract, or longer, tf so noted · Each pohcy shall be issued by a company authorized to do business in the State of Texas wtth 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 City. the insurer shall reduce or elnnmate such deductibles or self-insured retenttons w~th respect to the City, ~ts officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claun admmtstrat~on and defense expenses · Llab~hty pohc~es shall be endorsed to provide the following ** Name as add~ttonal insured the City of Denton, its Officials, Agents, Employees and volunteers ** That such ansurance ~s prnnary to any other ansurance available to the addtttonal insured with respect to clauns covered under the policy and that th~s ~nsurance apphes separately to each insured against whom elama is made or stat Is brought The inclusion of more than one insured shall not operate to increase the insurer's lmut of habflaty · All polaeaes shall be endorsed to provade thmy (30) days prior wratten horace of cancellation, non-renewal or redueUon an coverage · Should any of the reqmred insurance be provided under a clanns-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arasmg during the contract term which gave rise to elatms made after expiration of the contract shall be covered · Should any of the reqmred insurance be provaded under a form of coverage that includes a general annual aggregate hmlt provldmg for clanns mvemgat~on or legal defense costs to be ~ncluded m the general annual aggregate lunar, the Contractor shall e~ther double the oecorrence lunlts or obtain Owners and Contractors ProtecUve Llabthty Insurance · Should any reqmred insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receaves satisfactory evadence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at ~ts sole opnon, termmate th~s agreement effectave on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All tnsurance pohctes proposed or obtained tn sattsfactton of thts Contract shall addtttonally comply with the followtng marked spectficattons, and shall be matntatned tn comphance wtth these ad&ttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted [xl A General Liability Insurance: General Liability insurance w~th combined single hmats of not less than 1,000,000 shall be prowded and mamtmned by the Contractor The polacy shall be written on an occurrence bas~s either m a single polacy or in a combination of underlyang and umbrella or excess pohcles If the Commereaal General Laabthty form (ISO Form CG 0001 current edataon) is used · Coverage A shall include prenuses, operations, products, and completed operatmns, andependent contractors, contractual habflaty coverang thas contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, is not reqmred If the Comprehensive General Lmbdlty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least · Bodily mjury and Property Damage Llablhty for premises, operations, products and completed operations, mdependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual llablhty (preferably by endorsement) covering this contract, personal injury habfltty and broad form property damage liability IX] Automobile Liabihty Insurance: Contractor shall provide Conunercial Automobile Llablhty insurance with Combined Single Lmuts (CSL) of not less than 1,000,000 either in a single pohcy or m a combination of basle and umbrella or excess pohcles The pohcy will include bodily injury and property damage habfllty arismg out of the operation, maintenance and use of all automobiles and mobile eqmpment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos IX] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, m addition to meeting the mlnunum statutory requirements for issuance of such insurance, has Employer's Llabthty lurers of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy hmlt for occupational disease The City need not be named as an "Add~taonal Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the prowslons of Attachment 1 m accordance w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liab~hty Insurance The Contractor shall obtam, pay for and mamtam at all tmaes during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise m the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance Policy lurers will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liab~hty Insurance Coverage is required if Broad form General Lmbfllty is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Lmaits of not less than each occurrence are required [ ] Professional Liability Insurance Professional habfllty insurance with lnnits not less than per claun with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders~ Risk Insurance Builders' Risk Insurance, on an All-Pdsk form for 100% of the completed value shall be provided Such policy shall Include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Addltmnal Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described m the "Specific Conditions" of the contract speclficatmns ATTACHMENT I [x] Worker's Compensation Coverage for Bu,ldmg or Construction Projects for Governmental Ent,t~es A Deflmt~ons Certificate of coverage ("cert~flcate")-A copy of a certificate of ~nsurance, a certificate of authority to self-~nsure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entlty's employees providing services on a project, for the duration of the project Duration of the project - ~ncludes the t~me 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 serwces on the project ("subcontractor" ~n §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 d~rectly w~th the contractor and regardless of whether that person has employees This ~ncludes, w~thout hmltat~on, ~ndependent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to prowde serwces on the project "Serwces" ~nclude, w~thout hm~tat~on, providing, hauhng, or dehvenng equipment or materials, or prowdmg labor, transportation, or other serwce related to a project "Serwces" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable to~lets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the Contractor prowdmg services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage per~od 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 per~od, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing serwces on a project, and prowde to the governmental entity (1) a certificate of coverage, prior to that person beg~nmng work on the project, so the governmental entity w~ll have on file certificates of coverage show~ng coverage for all persons providing serwces on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, ~f the coverage per~od shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall not~fy the governmental entity m writing by certified mall or personal delivery, w~th~n 10 days after the contractor knew or should have known, of any change that mater~ally affects the prows~on of coverage of any person prowdmg serwces on the project H The contractor shall post on each project s~te a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nformlng all persons prowd~ng serwces 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 w~th whom ~t contracts to prowde services on a project, to (1) prowde coverage, based on proper reporting of classification codes and payroll amounts and fll~ng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of ~ts employees prowd~ng serwces 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 is being prowded 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 showing extension of coverage, ~f the coverage per~od shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom it contracts, and prowde to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage per~od, ~f the coverage per~od shown on the current certificate of coverage ends during the duratmn of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) not~fy the governmental entity ~n writing by certified ma~l or personal dehvery, w~th~n 10 days after the person knew or should have known, of any change that mater~ally affects the provision of coverage of any person prowdmg serwces on the project, and (7) contractually require each person w~th whom ~t contracts, to perform as required by paragraphs (1) - (7), w~th the certificates of coverage to be prowded to the person for whom they are prowd~ng services I By slgmng th~s contract or prowdlng or causing to be prowded a cert~fmate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who w~ll provide services on the project w~ll be covered by workers' compensation coverage for the duration of the project, that the coverage w~ll be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate ~nsurance carrmr or, ~n the case of a self-~nsured, with the commission's D~vm~on of Self-Insurance Regulation Prowd~ng false or m~slead~ng ~nformat~on may subject the contractor to administrative penaltms, criminal penaltms, c~wl penaltms, or other c~v~l actions J The contractor's failure to comply w~th any of these prowslons m a breach of contract by the contractor which entitles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~th~n ten days after receipt of not~ce of breach from the governmental entity BID 9 2332 BID SUMMARY See award in Ge ~o~t of $191,881.05 per A~enda Information Sheet~~ In the event cf the award of a oontract to the undersigned, undersigned will furnish a performance bond and a payment bond the full amount of the contract, to secure proper compliance the terms and provisions of ~he contract, to insure and guarantee the work until final oompletion and acceptance, end to guaran=a~ payment for all lawful olatms for labor performed and furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall accepted, when full~ completed and finished in accordance with plans and specifications, to the satisfaction of the Engineer The undersigned oerti~ies that the bid prices contained in proposal have been carefully checked and are submitted as end final. Unit and lump-sum prices as shown for each item listed in th_s proposal, shall control over extensions. Street Address C~ty and State Seal & Authorization (If a Corporation) ~J 5F,~ Telephone B - i BID# 2332 BID SUMMARY PRO/ECT WORK DAYS BID 1 Mayhlll Road Box Culvert 35 $/o~ ~'- ~ ,c 2 Wastewater Treatment Plant Road ~ $ / / q ~.o~ c ~- × 3 WelghStat~on lO $_. ~&/~Tz °~ ~ 4 MaylullCulvertAlteraate#1 15 $. :z/,s-az o° 5 Maylull CulvertAltemate#2 × 10 $ ~ ~-a '° 6 Maylull Culvert Alternate # 3 4 $ G, ~,z~' o~ 7 Wastewater Treatraent Plant Road # 4 4 $ 5-, ~'.z ~- oo TOTAL for Items 81, #2, and #3 as hsted above $ 2 qo ~ c,/,o.c- ~ One contractor will be selected for all ~tems listed above The Bid wdl be based on the total of Items # I Maylull Road Box Culvert, #2 Wastewater Treatment Plant Road, and #3 Weigh Station as listed above The c~ty may elect to accept blds for Items g4 through #7 as hsted above Work days as listed for Items # 4 through #7 w~ll be added to the total ti'selected The city may also elect not to award Item # 1 Mayball Road Box Culvert and still perform Item #2 and Item #3 as well as elect to accept the b~ds for Items//4 through #7 If the city elects not to accept Item # I, the work days will be reduced accordingly B-2 Mayhfll Road BID TABULATION SHEET Wonk Days__ 35__ Box Culvert Bid No 7337 PO No 12/15/98 P 3 Mayh~ll Road BID TABULATION SHEET Work Days 35__ Box Culvert Item Quannty Unit Price Total 12 ~ Erosion Control $ ~c~c~ o~/L~ $3~'o~ Umt ~ce In Words, 4 5 s A Concrete 25 $/~ Umt ~ce ~ Wor~ 6-A 5' X 5' ~sl~d ~et 1 $ Jb-O~ Umt ~ce ~ Wor~. 6-D B Head~l 2 $/V oo OO ~ $OqOo Unit ~ce In Wor~ 1 B~cades, W~g Sl~s ~d Deto~s $~ Umt ~ce ~ Wor~ 1-A 3~d Fence (~GF) 128 $ ~o, Oo ~F $~O Umt ~ce In' 1-B 25' ~GF T~do~ Section 4 6~ ~A Umt ~ce In Wor~ SP-4 Wat~lme Lowenng 2 $ OG~ $ 7~o o Unit Pnce ~5 SP- 10 Rock Excavation 50 $/~ o O Umt Price In Words ~ SP-31 Re~orcmg Steel 500 O~ ~B $/~-~ ~ Unit ~ce In Wor~- ~ ;P-37 Excavation ~otecUon 260 $ ~ OO ~F oO Umt ~ce ~ Wor~ SP-39 Sl~s 2 $/~O, 06 ~A $ ~o0 ~ Unit Price In Wor~ ~,~ ~ 12/15~98 P 4 Mayhfll Road BID TABULATION SHEET Work Days 35__ Box Culvert Item Description Quandty Unit Price Total Asphalt Saw Cut 72 $ ~ 0 0 /LF $/qq o Umt Price ~ Wor~ · SP-45 ~scell~eo~ Sp~er System AdJunCt $ ~oo o~ $ ~d0 6 Umt ~ce ~ Wor~ ~ v~ $ $ $ $ TOTAL 12/15/98 P 5 o~L~ I AI;IULA I I(JN ~HEET Work Days.__ 25 Plant Road Item Descmption Quantity Unit Price Total 1 21 Con~acto~ W~t~es $ ~aa ~a ~S Umt Price ~ ~z 1 $3~ o~ ~S 3~o0 Umt Price ~ Words, I0 7 2158 / oo /SY ~o Umt Price ~ 12 'Eros]onCon~ol $ 3~o0 o~ ~S ~0o oO Umt Price ~ Words. 6-A 6" Lime Trea~ent of Sub~ade 4114 $~ ~o /SY oo Umt Price In Wo~s 46-B 56 $ B~ oo Umt Price In Words 7-A 3776 ID.~o ~ Umt Price In Words 5 7-B 1/2" (T~e D) 7543 ~. ~ ;17 ~ Unit Price ~ Word~. 7-C e A, B~e 3899 ~ Umt Price In Words 12/3/98 P 6 LS = LUMP SUM Plant Road ,.,,u i~u~.~ f luv~ bHbC I work Days.__25__ Item Description Unit Price Total ~P-39 1 $ W'OO OO $ Umt Price In Words ~ SP-43 ~ut 2548 $.,~. Umt Price In Words $ $ $ TOTAL ~//~ ?0q. ~' 12/3/98 P 7 LS = LUMP SUM Plant Road r~u ~ ,~u~..~ ~ ~u~ ~e-t:: I Work Days__ 25 Item Descrtption Quantity Umt Price Total 1 W~ng S~s ~d Deto~s 7~ Umt Pnce ~ Words 8 14 M~scell~eous Fence Umt Pnce ~ Words SP-10 Rock Excavatmn 50 $ Umt Price In Words 1 Umt Price In Words SP-43 Cut 2548 $ Umt Pnce In Words $ $ $ TOTAL 11/3/98 P 7 ~' LS = LUMP SUM Weigh Station BID TABULATION SHEET Work Days 10~ 239 /, o o /SY Umt Pnce In Words ~' ob Umt Price In Words 1 Umt Price In Words 14 MlscellaneousFence $,.~0~ ~o ~S Umt Price In Words - SP-IO Excavat~0n 10 $/O Oo Umt Price In Words. 10/16/98 P 8 LS = LUMP SUM Weigh Station BID TABULATION SHEET Work Davs 10 Unit Price Total $ $ TOTAL ~(,, 0'~. Oo 10/16/98 P 9 LS = LUMP SUM Mayh~ll Culvert BID TABULATION 8HEET Work Days 15 Alternate # 1 Item Description Unit Price Total 12 3-A I8" Class III RCP storm sewer 12 oo /LF 12 3-B 24" ClassIHRCP stormsewer 10 /LF $~'O~ oO Umt Price In Words ~ 123~C 30" Class III RCP storm sewer 101 ;'70.0o /LF 10 Umt Price I 6-B-2 I ' End Treatment 1 Unit Price In 7 6-C 0" 1 oo /EA $5-00 OO Umt Pnce In Word, $ $ $ TOTAL $,,~/5'G,~ Oo 10/16/98 P 10 LS = LUMP SUM Mayh~ll Culvert BID TABULATION SHEET Work Days 10 Alternate # 2 Item Quantity Unit Price Total Removal of~ Culvert $ ~-~c~ ot~/LS Umt Price In Words. 3 3 Unclassified Excavation 10 $ /5~OO Umt Price In Words. $ $ $ TOTAt, ~3-3 ~o oo 10/16/98 P 11 LS = LUMP SUM Mayl~ill Culvert BID TABULATION SHEET Work Days 4 Alternate # 3 Item Omt Price Total Pavement $ Umt Pnce I $ TOTAL ~z4 3 ~- t5 o 10/19/98 P 12 LS = LUMP SUM Wastewater Treatment Plant Road BID TABULATION SHEET Work Days 4 Alternate # 4 -- -- Item Description Quantity Umt Price Total SP-55 Pavement Markm $ 5'3-~5' ~/LS Umt Pnce SP-60 1 0o. oa, /EA Umt Pnee In Words. $ $ $ $ TOTAL ~'~',~"~ d> o 10/19/98 P 13 LS = LUMP SUM AGENDA INFORMATION SHEET AGENDA DATE. March 2, 1999 Quesnons concerning this acquisition may be directed DEPARTMENT Purchasing to Howard Martin 349-8232 ACM' Kathy DuBose, F~scal and Municipal Services AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW WASTEWATER TREATMENT PLANT ROAD AND WEIGH STATION SITE, PROViDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROViDING AN EFFECTIVE DATE (BID #2332 - MAYHILL ROAD AT WASTEWATER. ROAD IMPROVEMENTS - AWARDED TO SAGOE-PUBLIC COMPANY IN THE AMOUNT OF $191,881 05) The Czty of Denton Intends to construct a new entrance at Mayhlll and the ex~stmg Wastewater Treatment Plant road The entrance was designed by the Ctty of Denton Engmeenng Department This new design will ehmmate a very difficult Intersection for the Sohd Waste vehicles The weigh station asphalt paving is a planned infrastructure Improvement for the landfill expansion Th~s area will be used as a control point for the general public entenng the landfill We recommend approval of the bid and award of a contract to the lowest bidder, Jagoe-Pubhc Company, in the amount of $191,881 05 for b~d items 2, 3, and 7 (alternate 4) ESTIMATED SCl:rEtiCULE OF PROJECT; This project is scheduled to begin March 1999 and to be completed June 1999 FISCAL INFORMATION~ Th~s project will be funded from Solid Waste Bond fund accounts (634-024-CO96-805D-9003 and 634-024-CO96-806D-9003) BID INFORMATION; This bid Is for the conslxuction of improvements to the entrance of the Wastewater Treatment Plant and asphalt paving at the weigh station site Originally Included was Installation of approximately 60-feet of 8-feet by 8-feet box culvert on Mayhill Road That portion has been deleted due to the high-bid price C~ty work crews will perform this work at a later date The project still Includes approximately 4,000 square yards of 6 Va-roches asphalt paving, 1,500 square yards of 8 ~-mehes paving on the road, and approximately 3,300 square yards of 8 ½- Inches paving at the weigh station site AGENDA INFORMATION SHEET MARCH 2, 1999 PAGE 2 OF 2 Respectfully submitted Name Tom Shaw, C P M, 349-7100 Title Purchasing Agent Attachment #1 TabulatIon Sheet Attachment #2 Location Map 1192 AGENDA .................... --- ................. ~-~--~'*'~ i'"-~;~'"",02/02/1999 830 South 1-35E, Sutte A ALTER THE COVERAGE AFFORDED BY THE IN2UOIE Denton, TX 7620S-782g ¢OMPANIESAFFORDING¢OVERAGE COM.^N~ Gt tum~ nous Arm Ext A ..u..- ~oM.^~ Texas Work C~-omp tns ~uncl 3agoe Publlc Company, Inc. B Btll Cheek P 0 Box 250 Denton, TX 76202 D THIS 18 TO CERTIFY T THE pOUCIE8 OF INSURANCE U81~D BELOW HAVE BEEN 18SUED TO THE INSURED NAMED Aaov~ ~ ~ ~ ~ INDIGAT~D, NOTWITHSTANDIN~ ~ REQUIREMENT, TERM OR OONDITION OF ANY Go/~rRAGT OR OTHER ~NT WITH RESPEOT TO WHICH CERTIFICATE MAY B~ 18SUED OR MAY PERTAJN, THE INSURANC~ APFORDED BY THE PCXJ~E8 D~CRIBED HEREIN 18 SU&JE~T TO ALL THE TERM8 ?£LUSIO~.g AND C:0NDIT1ON8 OF SUCH POUOIE8 UMTE SHOWN MAY HAV~ BEEN REDUCED,BY pJUD CLAIM8 A ~ c~:~c~ X occu.~LP2302758 10/01/1998 10/01/19~9 ~&~w~u~Y ~ 1,~000~000 F~E DAMA;E (Ar.y .Mik.) ,,$ 50~000 I MED EXP (Any o,. W) ,$ 5W000 X Am'AUTO lY 0OO'000 A K.m~u~ ^UT~ iCAP2542947 :].0/03./1998 10/01/:].999 X NO~-OWNED AUTO~ ' Bream UAMUTY KH OCCURRENCE $ 2 f 0OO.000 A X UMBRB.LAFORM C'UpZ524882 10/01/1998 10/01/1999 ,~nE~'~ oS ].000,000 EW)LOYBRS' LLWUW $ 1 ,, 000,000 B 'mEPROPmETOR~ it,Ct. TSFO001082]10 10/01/1998 10/01/1999 B. EAC~ACCU~ ~C~MaS~ P(~CYUMn' .,$ 1,000,000 P,~,~TNERWm(~cunvls ~DlaS.)~a F...,,FJM~:)YEIi $ 1 000 000 ~S OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS -BTD 2332-HAYHILL AT I~IASTEIdATER ROAD IMPMROVEHENT POLICTES WILL NOT BE CANCELLED, NON-RENE¥/ED OR MATERIALLY CHANGED 30 DAY ADVANCE NOTICE TO 09/NER "XCEPT NON-PAYMENT TN ¥/NZCH CASE THERE ~/ZLL BE A 10 I*)AY NOTICE CITY OF DENTON 901B TEXAS STREET DENTON, TX 76201