HomeMy WebLinkAbout1998-145ORDINANCE NOQ�'-L4 S
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
CONSTRUCTION OF APPROXIMATELY 5,500 FEET OF 10" SEWER FORCE MAIN,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (BID # 2205 — DENTON WEST FORCE MAIN AWARDED TO BOWLES
CONSTRUCTION IN THE AMOUNT OF $199,018 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SACTION I That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTO AMOUNT
2205 BOWLES CONSTRUCTION $1999018.00
SgCTION II That the acceptance and approval of the above competitive bids shall not
constitute la contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
S15CTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval � � Q
PASSED AND APPROVED this the&" "'� day of Ls. ,1998
C�
JACK LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY 4er
2205 CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 2 day of JUNE A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
BOWLES CONSTRUCTION
1634 EASTSIDE DRIVE
WICHITA FALLS, TX 76303
of the City of WICHITA FALLS County of WICHITA and State of TEXAS, hereinafter
termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2205 — DENTON WEST FORCE MAIN
in the amount of $1999018.00 and all extra work in connection therewith, under the
terms as stated in the General Conditions of the agreement, and at his (or their) own proper
cost and expense to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the
work specified above, in accordance with the conditions and prices stated in the Proposal
attached hereto, and in accordance with all the General Conditions of the Agreement, the
Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders,
and the Performance and Payment Bonds, all attached hereto, and in
CA - 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
WATER ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, mvitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such 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 lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the tune stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
Kerri Cagle Robertson
APPROVED AS TO FORM
CITY ATTORNEY
CA-3
OWNER
BY
Bowles Construction Company, Inc
CONTRACTOR
1634 Eastside Drive
Wichita Falls, TX 76303
PO Box 1764
Wichita Falls, TX 76307
MAILING ADDRESS
(940)766-3518
PHONE NUMBER
(940)766-3564
FAX NUMBER
BY
R E Bowles, President
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
Bond N: 1366253
KNOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION,
whose address is 1634 EASTSIDE DRIVE, WICHITA FALLS, TX 76303, hereinafter
called Principal, and FAR mor IIuBpiQE a34:pm , a corporation organized and
existing under the laws of the State of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of ONE HUNDRED NINETY NINE THOUSAND AND
EIGHTEEN no/100 DOLLARS ($199,018.00) plus ten percent of the stated penal sum as an
additional sum of money representing additional court expenses, attorneys' fees, and liquidated
damages arismg out of or connected with the below identified Contract, in lawful money of the
United States, to be paid in Denton County, Texas, for the payment of which sum well and
truly to be made, we hereby bind ourselves, our heirs, executors, 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 increases the
Contract price, but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 98-145, with the
City of Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2205 - DENTON WEST FORCE MAIN.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
I9:1mI
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, 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
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 herem as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 2 day of JUNE 1998.
ATTEST
�&
SECRETARY
Andrew W Bowles
ATTEST;
PRINCIPAL
BOWLES CONSTRUCTION COMPANY, INC.
..
PRESIDENT
Bowles
SURETY
FAR WEST INSURANCE COMPANY
B
BY
ATTORNEY -IN -FA —CT --
Steve Rauch
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME PCL CONTRACT BONDING AGENCY
STREET ADDRESS 206 ELM ST , #105, LEWISVILLE, TX 75057
972/221-9448
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PAYMENT BOND
Bond # 1366253
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION,
whose address is 1634 EASTSIDE DRIVE, WICHITA FALLS, TX 76303, hereinafter
called Principal, and FAR WEST INSURANCE COMPANY
a corporation organized and existing under the laws of the State of TEXAS, and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or improvements hereinafter referred
to, in the penal sum of ONE HUNDRED NINETY NINE THOUSAND AND EIGHTEEN
no/100 DOLLARS ($199,018.00) in lawful money of the United States, to be paid in
Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby
bind ourselves, our heirs, executors, 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 increases the Contract price, but in no
event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 98-145, with the City of
Denton, the Owner, dated the 2 day of JUNE A.D 1998, a copy of which is hereto attached
and made a part hereof, for BID # 2205 — DENTON WEST FORCE MAIN.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of'which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it 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
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 arismg out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 2 day of JUNE, 1998.
ATTEST
PRINCIPAL
BOWLES CONSTRUCTION COMPANY, INC
BY
PRESIDENT
SURETY
FAR WEST INSURAN E COMPANY
BY
ATTORNEY -IN -FACT
Steve Rauch
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME PCL CONTRACT BONDING AGENCY
STREET ADDRESS 206 ELM ST., #105, LEWISVILI
972/221-9448
(NOTE Date of Payment Bond must be date of Contract
corporation, give a person's name)
2205-CONTRACT & BONDS
75057
If Resident Agent is not a
This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company on the front and brown security paper
on the back Only unaltered originals of the Limited Power of Attorney ( POA ) are valid This PDA may not be used in conjunction with any other PDA No
representations or warranties regarding this PDA may be made by any person This PDA is governed by the laws of the State of Nebraska and is only valid until the
expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the Company ) shall not be liable on any limited POA which is
fraudulently produced, forged or otherwise distributed without the permission of the Company Any party concerned about the validity of this PDA a an accompanying
Company bond should call your local Amwest branch office at (9721503-6925
KNOW ALL BY THESE PRESENT that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporation
(collectively the' Company), do hereby make constitute and appoint
Vivian Campbell Connie Wofford
Gall A Barraza Steve Rauch
Lannie Mc Clain
Beverly Trimble
Daniel Waldorf
Nancy Ruano
As Employees of AMWEST SURETY INSURANCE CO
its true and lawful Attorney in -fact, wntb limited power and authority for and on behalf of the Company as surety to execute deliver and affix the seal of the company thereto
if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows
All Bonds up to $25,000,000 00
and to bind the company thereby This appointment is made under and by authority of the By Laws of the Company, which are now in full force and effect
1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporation DO HEREBY
CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest
Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney and that the relevant provisions of the By Laws of each company are now
in full force and effect
Bond No 1366253 Signed & sealed this 2ND day of JUNE 19 98
Karen G Cohen Secretary
RESOLUTIONS OF THE BOARD OF DIRECTORS ""* * * ***""*:*"*** * * * ** ** * * *
This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28 1983
RESOLVED that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary may appoint attorneys in fact or agents with
authority as defined or betted in the instrument evidencing the appointment in each case, for and on behalf of the Company to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney in -fact or agent and revoke any POA
previously granted to such person
RESOLVED FURTHER, that any bond, undertaking, recognizance or suretyship obligation shall be valid and bind upon the Company
(1) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or
(11) when signed by the President or any Vice President or Secretary or Assistant Secretary and countersigned and sealed (if a seal be required) by a duly
authorized attomey-in fact or agent, or
(ni) when duly executed and sealed (if a seal be required) by one or more attorneys in fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof
authorizing the execution and delivery of any bond, undertaking recognizance, or other suretyship obligations of the Company and such signature and seal when so used shall
have the same force and effect as though manually affixed
IN WITNESS WHEREOF, Amwest Surety Insurance Company and For West Insurance Company have caused these present to be signed by its proper officers and its
corporate seals to be hereunto affixed this 12th da December 1�
42
John E Savage, Presided Karen G Cohen, Secretary
State of California
County of Los Angeles
On December 12, 1997 before me, Peggy B Lofton Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me
on the basis of satisfactory evidence) to be the persons) whose morels) is/are subscribed to the within instrument and acknowledged to me all that he/sheAhey executed the
same in his/her/their authorized mpacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted
executed the instrument
WITNESS my d and official seal
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Jerri=4pPo"?,!, `Ft F uCpPOgq m��Signature `w.y& :wr,BT ort r_ (Seal)
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IMPORTANT NOTICE
To obtain information or make a complaint.
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance.
P. O. Box 149104
Austin, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY -
This notice is for information only and does not become a part or
condition of the attached document.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the Insurance requirements below It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein If an apparent low bidder fails to
comply strictly with the insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any time,
however, Contractors are strongly advised to make such requests prior to bid opening,
since the insurance requirements may not be modified or waived after bid opening
unless a written exception has been submitted with the bid Contractor shall not
commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer,
if so noted.
• Each policy shall be issued by a company authorized to do business in the
State of Texas with an A M Best Company rating of at least A
• Any deductibles or self -insured retentions shall be declared in the bid
proposal If requested by the City, the insurer shall reduce or eliminate such
AAA00350
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Insurance Requirements
Page 2
deductibles or self -insured retentions with respect to the City, its officials,
agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim
administration and defense expenses
• Liability policies shall be endorsed to provide the following
•• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
•• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit is brought The inclusion of more than one
insured shall not operate to increase the insurer's limit of liability
• All policies shall be endorsed to provide thirty(3O) days prior written notice
of cancellation, non -renewal or reduction in coverage
• Should any of the required insurance be provided under a claims -made form,
Contractor shall maintain 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 during the contract term
which give rise to claims made after expiration of the contract shall be
covered
• Should any of the required insurance be provided under a form of coverage
that includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be included in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date If insurance is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse
AAA00350
REVISED 10112194 Cl - 2
Insurance Requirements
Page 3
may, at its sole option, terminate this agreement effective on the date of
the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted
[XI A General Liability Insurance
General Liability insurance with combined single limits of not less than
$1,000,000 00 shall be provided and maintained by the contractor The
policy shall be written on an occurrence basis either in a single policy or In
a combination of underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition)
is used
• Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage
• Coverage B shall include personal injury
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and
property damage resulting from explosion, collapse or underground
(XCLI) exposures
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REVISED 10/12/94 Cl - 3
Insurance Requirements
Page 4
• Broad form contractual liability (preferably by endorsement) covering
this contract, personal injury liability and broad form property
damage liability
[XI Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSU of not less than $1,000,000 00 either in a single
policy or in a combination of basic and umbrella or excess policies The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy
endorsement for
• any auto, or
• all owned, hired and non -owned autos
[XI Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for Issuance
of such Insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City
by the Named Insured For building or construction projects, the Contractor
shall comply with the provisions of Attachment 1 In accordance with §406 096
of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
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[ I Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be at
least combined bodily injury and property damage per occurrence
with a aggregate
[ I Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a City
building Limits of not less than each occurrence are required
[ I Professional Liability Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement
[ I Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value
shall be provided Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ I Additional Insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications
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Page 6
ATTACHMENT 1
[ 1 Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate ")-A copy of a certificate of insurance,
a certificate of authority to self -insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets
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,
AAA00360
REVISED 10112/94 Cl - 6
Insurance Requirements
Page 7
Section 401 01 1(44) for all employees of the contractor providing services
on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract
D 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 obtain from each person providing services on a
project, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project
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 notify the governmental entity In writing by certified
mad or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project
AAA00350
REVISED 10/12/94 Cl - 7
Insurance Requirements
Page 8
H The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report
lack of coverage.
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to
(1) provide coverage, based on proper reporting of classification cod js and
payroll amounts and filing of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401 011(44)
for all of its employees providing services on the project, for the
duration of the project,
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
project, for the duration of the project,
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project,
(4) obtain from each other person with whom it contracts, and provide to
the contractor
AAA00360
REVISED 10/12/94
(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 period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project,
CI-8
Insurance Requirements
Page 9
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter,
(6) notify the governmental entity In writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project, and
(7) contractually require each person with whom It contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services
J 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 carrier or, In the case of a self -Insured, with
the commission's Division of Self -Insurance Regulation Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions
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
AAA00350
REVISED 10/12/94 Cl - 9
BID SUMMARY
TOTAL BID PRICE IN
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work until
final completion and acceptance, and to guarantee payment for all lawful claims fu- labor
performed and materials furnished in the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
finished in accordance with the plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final
Unit and lump -sum prices as shown for each item listed in this proposal, shall control over
extensions
The undersigned agrees to complete the Project in 60 Working Days
1(0:5q pots+side I/rlde
Street Address
1. i�h, ha Falb Ti 71,901
City and State
Seal & Authorization
(If a Corporation) ( 9q0.) 760 361 A
Telephone 74,,,- 35'G,N (Fcx
h
DENTON WEST FORCE MAIN
BID SCHEDULE
Amounts shall be written in words and figures In case of discrepancy between the written
amount and the figures, the written amount will govern For description of bid items, see
Section D of these specs
BID
DESCRIPTION OF ITEMS
UNIT
AMOUNT
ITEM
CITY
UNITS
WITH BID PRICES WRITTEN IN
PRICE
BID
WORDS
101
5,050
LF
10" PVC (150 psi) FORCE MAIN,
complete in place for the sum of
' Dollars &
a3 �D
I/&,
Cents per linear foot
$
$
102
300
LF
10" PVC (150 psi) FORCE MAIN IN
20" STEEL CASING PIPE by other
than open cut, complete in place for
the sum of
One h undraJ
t jijW Dollars &
Cents per linear foot
$
$ 39 ago 00
1 03
54
LF
10" PVC (150 psi) FORCE MAIN IN
20" STEEL CASING PIPE by open
cut, complete in place for the sum
of
i Ir 1!6_ Dollars &
Cents per linear foot
, D
$ �U
$ `2'7j9�4D
972134010 00300-1
DESCRIPTION OF ITEMS
BID
QTY
UNITS
WITH BID PRICES WRITTEN IN
UNIT
AMOUNT
ITEM
WORDS
PRICE
BID
104
1
EA
FOR CONNECTING 10" FORCE
MAIN TO EXISTING 6" PUMP
DISCHARGE, complete in place for
the sum of
eta l;,l haftA ej
Dollars &
n ✓) Cents per each
$ BOQ°D
$ nQ
1 05
1
EA
FOR CONNECTING 10" PVC
FORCE MAIN TO EXISTING 12"
MAIN, complete in place for
Aziu!nn-,
Nlie-
/�
PLO- Lei red Dollars &
ni) Cents per each
$ 1!QQ%'9
$ 150029
1 06
1
EA
FOR FURNISHING AND
INSTALLING 10" CHECK VALVE,
complete in place for
Pair 4Aw--and
Dollars &
Cents per each
$ 4100 � I
$
972134010 00300-2
BID
DESCRIPTION OF ITEMS
UNIT
AMOUNT
ITEM
OTY
UNITS
WITH BID PRICES WRITTEN IN
PRICE
BID
WORDS
107
3
EA
FOR FURNISHING AND
INSTALLING 2" AIR AND
VACUUM VALVE ASSEMBLY,
including 2" air/vacuum valve, 2"
gate valve, concrete manhole and
riser pipe assembly, complete in
place for
1
#Ir8Q nriSand
�1�1 Auaj:&� Dollars &
(117 Cents per each
$ 3100O °D
$ io goo �0
1 08
12
TON
FOR FURNISHING AND
INSTALLING IRON FITTINGS,
complete in place for
fin +Apusana%
nine LAJra Dollars &
RO Cents per ton
a9oo 00
s D
3-C
40
SY
FOR REMOVAL AND DISPOSAL
OF CONCRETE DRIVEWAYS
AND SIDEWALKS, including saw
cutting
A Pee rn Dollars &
Cents per ton
972134010 00300-3
BID
DESCRIPTION OF ITEMS
UNIT
AMOUNT
ITEM
CITY
UNITS
WITH BID PRICES WRITTEN IN
PRICE
BID
WORDS
83
20
SY
FOR FURNISHING AND PLACING
CONCRETE PAVEMENT,
complete in place for
All —`A -fL /) Dollars &
Cents per sq yd
$ 2,700
$ b'yvOG
8 3A
20
SY
FOR FURNISHING AND PLACING
CONCRETE SIDEWALK, complete
in place for
Dollars&
n J� Cents per sq yd
$ 3,� 00
$ & y p o0
SP-37
5,104
LF
TRENCH SAFETY AND
SUPPORT, complete in place for
47.,jD Dollars &
1)i2 Cents per linear foot
$ a 00
$ �0L�DBoo
1 09
1
LS
TRENCH SAFETY DESIGN,
complete in place for
0f_60iitad Dollars &
Cents er lum sum
$1000 Do
Fi0
$ 1L�DD `
972134010 00300-4
BID
DESCRIPTION OF ITEMS
UNIT
AMOUNT
ITEM
QTY
UNITS
WITH BID PRICES WRITTEN IN
PRICE
BID
WORDS
312
1
LS
FOR FURNISHING, INSTALLING
AND MAINTAINING EROSION
CONTROL DEVICES, complete in
place for
tors fhousond
— Dollars &
n Cents per lump sum
$ HDDDa-
$ i4bW"0
81
1
LS
FOR INSTALLATION AND
MAINTENANCE OF TRAFFIC
CONTROL DEVICES, complete in
place for
/ /t
+00 4bM!5dU AJ8
h,ndriJ Dollars &
nD Cents per lump sum
00
$
$ o�QQU0-
1 10
2
EA
FOR FURNISHING AND
INSTALLING PROJECT S,GN,
complete in place for
AX)e Aundred Dollars &
nO Cents per each
$
$
TOTAL AMOUNT BID
$ l99DES OD
972134010 00300-5
JUL-01-1998 06.43 FROM 817 589 4549 TO 919403497302 P 01
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Bedford, TX 76095
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Bowles Construction Co, Inc
PO Box 1764
Wichita Falls TX 76307
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Re: Bid #2205 - Denton West Porce Main. Certificate Holder is included an
Additional Insured on a primary and non contributory basis on the General
(See Attached Schedule.)
mautDANYCPTFIEAaOY9 DEeaREmD roLlOma eQOANOaLIJ9D aeroRaTHE
City Of Denton
a>eRIATmN DAUT OFMI .TIWMWIIMODMPANYWILLBI#Mvo MmNL
221 N. Elm
30 DAYBWRR1a11 NOT=ToTImcwmr ATa HDLOmi NAMBDTomvw",
Denton, TX 76201
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JUL-01-1998 06 44 FROM 817 599 4549 TO 919403497302 P 02