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HomeMy WebLinkAbout1998-215ORDINANCE NO `7 �L4�,q /C�' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PU13LIC WORKS CONTRACT FOR THE ECTOR STREET WATERLINE IN THE AMOUNT OF $297,230 50, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2222 — ECTOR STREET WATERLINE AWARDED TO CIRCLE C CONSTRUCTION IN THE AMOUNT OF $297,230 50) 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 SECTION 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 BER CONTRACTOR AMOUNT 2222 CIRCLE C CONSTRUCTION $297,230 50 SSECTION II That the acceptance and approval of the above competitive bids shall not constitute a 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 SECTION 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 SSECTION 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 SSECTION V That tlus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of ,1998 �-LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY r ✓I 2222 ECTOR CONTRACT ORDINANCE CITY OF DENTON LEOALDEPT w � E \ § § J0CIL S § Uz act Gk k § ® z w0S % § � ■ Z ) \ \ § e ■ /d Ci § §§ B o§ k ® � - § k 2 e° . § § # § ■ o § 9 k § k LU G 2 � ! CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4 day of AUGUST 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 WEgJAM J SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY 500 W. TRAMMELL FORT WORTH, TX 76140 of the City of FORT WORTH County of TARRANT 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 k 2222 — ECTOR STREET 16" WATERLINE in the amount of $2979230.50 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 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, invitees, 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 time 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, ATTEST. C � 71, Wg/j, � CITY OF DENTON OWNER BY /�✓n� WILLIAM J. SCHULTZ, INC., DBA CONTRACTOR CIRCLE " Y CONSTRUCTION COMPANY P. O. Box 40328 CA-3 Fort Worth, TX 76140 MAILING ADDRESS (817)293-1863 PHONE NUMBER (817)293-1967 FAX NUMBER BY A4�a LUk TITLE PRESIDENT WILLIAM J. SCHULTZ PRINTED NAME (SEAL) BOND NO. 5924624 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § WILLIAM J SCHULTZ, INC, DBA KNOW ALL MEN BY THESE PRESENTS That CIRCLE "C" CONSTRUCTION COMPANY whose address is 500 W. TRAMMELL, FORT WORTH, TX 76140, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized and existing under the laws of the State of WASHINGTON , 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 TWO HUNDRED NINETY SEVEN THOUSAND TWO HUNDRED THIRTY and 50/100 DOLLARS ($ 297,230.50) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising 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 98-215, with the City of Denton, the Owner, dated the 4 day of AUGUST A.D 1998, a copy of which is hereto attached and made a part hereof, for BID J/2222-ECTOR STREET 16" WATERLINE 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 reimburse 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 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 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 is executed in 4 copies, each one of which shall be deemed an original, this the 4 day of AUGUST 1998. ATTEST, .L/ g BY SECRETARY Aft WITNESS AS TO SURETY: PRINCIPAL WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C",CONSTRu,CTION COMPANY SURETY SAFECO INSKRANCE COMPANY OF AMERICA BY A ORNEY- -FACT SHERYL A. KLUTTS The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME J,OHN A. MILLER & ASSOCIATES, INC. STREET ADDRESS. 234 EMMA STREET, FORT WORTH, TX 76111 (NOTE Date of Per Bond must be date of Contract If Resident Agent is not a corporation, give a person's name.) 12-IM BOND NO.5924624 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS That CIRCLE "C" CONSTRUCTION COMPANY whose address is 500 W. TRAMMELL, FORT WORTH, TX 76140, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized and existing under the laws of the State of WASHINGTON , and fully authorized to transact business m 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 TWO HUNDRED NINETY SEVEN THOUSAND AND TWO HUNDRED THIRTY and 50/100 DOLLARS ($ 297,230.50) 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 98-215, with the City of Denton, the Owner, dated the 4 day of AUGUST A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID #2222 —ECTOR STREET 16" WATERLINE 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 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 4 day of AUGUST, 1998. ATTEST PRINCIPAL WII.LIAM J. S HULTZ, INC., DBA CIRCLE "C" NSTRU , ON COMPANY BJ4 z4drjd� Y S__� ET � ECR AR BY MMMEW , XjijQ 1: WITNESS AS TO SURETY: SURETY CYNTVIA N.KLUTTS BY : A- OORNEY-10E, COMPANY OF AIMVI ERICA The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME JOHN A. MILLER & ASSOCIATES, INC. STREET ADDRESS 234 EMMA STREET, FORT WORTH, TX 76111 (NOTE- Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) nn BONDS&CONTRACTS SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA POWER HOME OFFICE SAFECO PLAZA eOF ATTORNEY SEATTLE WASHINGTON 98185 I FECID 7488 No KNOW ALL BY THESE PRESENTS each a Washington AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, Texas""N"w" KLUTTS, intJDHN A MILLER II, K R HARVEY, Fort Worth That SAFECO INSURANCE COMPANY OF °X JOHNdA s MILLER byMRYL A ty bonds or undertakings and other with full authority is execute on Its behalf fidelity and aura an thereby Its true and lawful attorney(s)-m-faoL documents of a similar character issued COMPANYin the course of 10FuAMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each of xWITNESS ecuted and atttested theseFp esentsS 26th day of Iwnuary 19 96 this 1 'ram 1 Pirii U InE NI CERTIFICATE SAFECO INSURANCE PANY OF Extract from the By-LawS Of GENERAL INSURANCE COMPANY OFMAMERICA AMERICA Assistant Vice the President any Vice President the Secretary and any surety operations shall each have authority to appoint individuals as "Article V Section 13 -FIDELITY AND SURETY BONDS fidelity and surety bonds and ass by the officer in charge of or evidencing President appointed for that purp On any instrument making appropriate titles with authority of its business the compan attorneys -in -fact or under other epprsp by the company provided however ond other documents of similar character be affixed by facsimile On any instrument conferring other manner Y reproduceor on d bpro or undertaking such appointment the signatures may be impressed or affixed or in any of the company the seal, or a facsimile thereof may P that the seal shall not be necessary to the validity of any such instrument or undertaking" and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 Extract not from a necessary of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA "On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V Section 13 of the By -Laws and (II) A copy of the power -of -attorney appointment executed pursuant thereto and d ower-of-attorney appointment is in full force and effect maybe a facsimile thereof" seal of the Company (111) Certifying that $al P be by facsimile, and the the signature of the certifying officer may I R A Laws the Resolution and the Power t ERICA extracts of the By true and of a Resolution of the Board a Directors of these corporations an Pierson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AM Of do hereby certify Atthat the Issued foregoing thereto, are true and correct and that both the By — Attorney are still in full force and effect I have hereunto set my hand and affixed the calm" seal of said cor ration 19" IN WITNESS WHEREOF, /l day of this �! �QNGt FIIMpgN� � N til Al CORPORATE \} a x � I )21 ® Registered trademark of SAFECO CarPerE 6 9741EP V93 IMPORTANT NOTICE To obtain Information, or make a complaint You may call the company's toll free telephone number for Information or to make a complaint at 1-800- 472-4455 You may contact the Texas Department of Insurance to obtain Information an companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.0 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 disputo 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 Prescribed by the State Board of Insurance Effective May 1, 1992 AVISO IMPORTANTE Para obtener Informaclon o pars someter una queJa Usted puede Ilamar at numero de telefono gratis de la companla pars Informaclon o para someter una queJa al 1-800-472-4455 Puede comunicarse con el Departamento de Seguros de Texas pars obtener Informaclon acerca de companies, coberturas, derechos o quelas at 1-800-252.3439 Puede escrlblr at Departamento de Seguros de Texas P 0 Box 149104 Austin, TX 78714 9104 FAX M (512) 475.1771 DISPUTAS SOBRE PRIMAS O RECLAMOS' SI liens una disputa concernlente a su prima o a un reclamo, debe comunlcarse con of agents o la companla primero SI no so resuelve la dlsputa, puede entonces comunlearso con at Departamento do Seguros de Texas UNA ESTE AVISO A SU POLIZA Este avlso as solo para proposito do Informaclon y no se convlorte on pane o condiclon del documento adiunto Ordenado por of consojo Estatal de Directures de Seguros, Effectivo el 1 do Mayo 1992 DATE (MMIDDI' 08/18/98 THIS CERTIFICATE IS ISSUED As A "I Icn yr ,nr.............. UPON THE CERTIFICATE PRODUCER ONLY AND CONFERS NO RIGHTS HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR JOHN A MILLER S ASSOCIATES, INC P 0 BOX 7214 COMPANIES AFFORDING COVERAGE FORT WORTH, TX 76111.0214 COMPANY MARYLAND LLOYDS PHONE (817) 834-7111 FAX (817) 834-7116 A COMPANY NORTHERN INSURANCE COMPANY OF NEW YORK INSURED WILLIAM J SCHULTZ, INC DBA g CIRCLE "C" CONSTRUCTION COMPANY, ET AL P 0 BOX 40328 COMPANY C FORT WORTH, TX 76140 COMPANY D , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER BED REIN IS SUBJECT TO ALL THE TERMS ICLAIMS ECERTIFICATE MAY BEXCLUSIONS AND COiNsU NDITIONS OF SUCH PERTAIN CIES,L IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYy) DATE (MMIODNYI GENERAL AGGREGATE $ 2 OOO OOO GENERAL LIABILITY PRODUCTS COMP/OP AGO S 2.2000,000 X COMMERCIAL GENERAL LIABILITY EPA 22992722 08/12/98 08/12/99 PERSONAL 8 AOV INJURY It 1 000 000 CLAIMS MADE OCCUR A IK EACH OCCURRENCE f 1000000 OWNER'S 8 CONTRACTOR S PROT FIRE DAMAGE (Any one fire) f 300000 X INCLUDESCG2603_ MEDEXP(AnyonePsMn) f 10000 PER PROJECT END AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f 1,000000 X ANY AUTO ALL OWNED AUTOS g WAA 22992797 BODILY INJURY f 08l12/98 08/12/99 (Par pe,wn) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY f (Per accident) X NON OWNED AUTOS PROPERTY DAMAGE S AUTOONLY EAACCIDENT GARAGE LIABILITY OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S f AGGREGATE EACH OCCVRRENCE f 5 000 000 EXCESS LIABILITY CON 85873397 08/12/98 08112/99 AGGREGATE i 5 000 000 _ — f B X UMBRELLA FORM OTHER THAN UMBRELLA FORM TO LIMITS ER EL EACH ACCIDENT f WORKER S COMPENSATION AND EMPLOYERS LIABILITY EL DISEASE POLICY LIMIT $ ME PSOPRIETORI INCL PARTNERBIEXECUTIYE EL DISEASE EA EMPLOYEE f OFFICERSARE EXCL OTHER PROJECT BID #2222,- ECTOR STREET 16 WATERLINE (ARE) NAMED AS ADDRIONA L INSUREDS ON THE GENERAL LIABILITY AUTOMOBILE LIABILITY AND AGENTS EMPLOYEES AND VOLUNTEERS ISS AVAILABLE TO THE ADDITIONAL CERTIFICATE HOLDER ITS OFFILITY DIALS ON THIS BRE ONLY WITH RESPECT TOWORK DONEPOLIES THISI SURANC ISUREDS IMARY TO ANY OTHER INSURANCE UNOERTHESE APPLIEOJECT MBREDWITH PECT TO CLAIMERED gem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF DENTON 30 CERTIFICATE HOLDER NAMED TO THE LEFT DAYS WRITTEN NOTICE TO THE C PURCHASING DEPARTMENT SHALL IMPOSE NO OBLIGATION OR LIABILITY 901 B TEXAS STREET BUT FAILURE TO MAIL SUCH NOTICE DENTON, TX 76201 OF ANY KI I UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHORI D PRESENTATIVE 1H3 rif.t"'Prim GN 1B69 Tvwww 9 � XfCeSSTs, Xtiler, � Lswlase, t drill saeE bemar iiBd safte d00 nrliaptea, TX ?*Off WTW MOM COMPANY essYs• C',CWssesrLeEioa q. 6 D 0 Box j0sdf 000 Mr Dt, ANMre*, TZ 7f1f0-ODsf [CMW~AW nren D a 7191OI OMIINAME L LM IRM ANVAVTO ALLOVOWAMTOO OLNNOIAECAu700 HpNOMHOO NOiUMWTT ANVAVM LAA FA1 Amm eNOOR-AssJ07J3 CA ed D{naea PlIXA atn DeDarament Dal S Tex r street Denton, rg 7f701 I e713-i157 Water king O�COMONa001"Low I PM'ww p" I OwMAaMMt BMOPID"amAME O WOILO AM OF THE ANOVE COMBINED IOUGMI B OANOOLLOO ENME TM UPmT 1 OATS TRUMP. To N NN COMPANY WILL NNOAVON 70 MAN J&_ GM WNNBNN 40M TO TM CWMATN NOLMEN MMED TO THI LEA, KIT /NWM TO MNL MM 00 WI WALL IMPOIE NO ONLROTWO M LMEIMV 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 harem. If an apparent low bidder fads 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 notVication 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 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 REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 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 throughoutthe 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. MAo0360 NVIS n wnarea Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shaii 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 shall be provided and maintained by the contractor. The poiic It 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 (XCU) exposures 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 (CSL) of not less than 1.000.000 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 AAA003E0 REVISED 10/12/94 CI - 3 Insurance Requirements Page 4 operation, maintenance and use of all automobiles and mobile equipment use -- in conjunction with this contract Satisfaction of the above requirement shall be in the form of a poiic. endorsement for - any auto, or all owned, hired and non -owned autos 1Xl 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 11100,000 for each accident, $100,000 per each employee, and a $600,000 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 1408.096 of the Texas Labor Code and rule 26TAC 110 110 of the Texas Worker's Compensation Commission (TWCC). i 1 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 anse 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 1 Fire Damage Legal Unbility 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 AAA003E0 REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 I I Professional Uabiiity 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 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 or Denton and all subcontractors as their interests may appear II 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 AAA00350 REVISED 10/12/94 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 IX) Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions - Certificate of coverage ("certificate") -A copy of certificate of authority to self -insure issued coverage agreement (TWCC-81, TWCC-82, showing statutory workers' compensation in person's or entity's employees providing sery duration of the project. a certificate of insurance, a by the commission, or a TWCC-83, or TWCC-84), surance coverage for the ices on a project, for the Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person'swork on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in 1406.096) - 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 fumishes 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. 8 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 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 AAA00350 REVISED 10/12/94 cl-6 Insurance Requirements Page 7 E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity 111 a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on hie 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 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 The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll 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 nanooseo REVISED 10112194 Cl . 7 Insurance Requirements Page 8 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 - (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; (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 CI-8 ECTOR ST 18" WATERLINE BID TABULATION SHEET Work Days s_ Bid No 2222 PO No EFFECTIVE 3/15198 p 4 ECTOR ST 16" WATERLINE BID TABULATION SHEET Work Days --W_ Bid No 2222 PO No EFFECTIVE 3/15198 p 5 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 for labor performed and materials furnished in the fulfillment of the contract. It in understood that the rk proposed to be done shall be accepted, when fully o 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. 414/// a rn 315-C'4a //z 1 is 9`j q s©y 14 Ta : � Street Address /spa City and State Seal & Authorization (If a corporation) �/ % 9 Telephone 8 - 1