HomeMy WebLinkAbout1997-010ORDINANCE NO q 7 '01d
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the 'Bid Proposals" submitted therefore, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the 'Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items
► V511.101 ►�. ►��:
:e u/frC�]il�IfYl
1975 ALL DICKERSON CONSTRUCTION $ 59,200 00
SECTION II That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and \
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents
SECTLOhI-III That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted
1
SECTION IV That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein
4FCTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this 1-t— day of - _, 1997
JAC MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY % 0 QA�
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
SUPPLY ORD
DATE JANUARY 7, 1997
reffWWOOM 0;
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID # 1975 - BORE CROSSING
RECOMMENDATION: We recommend this bid be awarded to the only bidder, Dickerson
Construction, in the total amount of $59,200 00
SUMMARY: This bid is for all labor and materials necessary in boring approximately 300' across
I35E at James Wood A 20" casing will be installed and Polyethylene duct will be pulled through
This will convert the existing overhead line to underground and improve the system reliability
One bid proposal was received in response to sixty-five notices to bid mailed to prospective
contractors
PROGRAMS, DEPARTMENTSOR GRO PS AFFECTED Electric Distribution Department
and the City of Denton citizens
FISCAL_IMPACT: Budgeted funds for Electric Distribution for 1997
Attachments Tabulation
Memorandum from Don McLaughlin
Respectfully submitted
Ted Benavides
City Manager
Prepared by
Name Denise Harpool
Title Senior Buyer
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
813 AGENDA 3
1975 - ---
--
BID NAME BORE CROSSING
DICKERSON
CONST
OPEN DATE DECEMBER 12,1996
__VENDOR VENDOR
# �QTY
DESCRIPTIQN
_VENDOR
1
1�
BORE CROSSING I-35E &
$59,200 00
JAMES WOODS, APP 300'
ADDENDUM
YES
4
(ii I
96 10 94
To Denise Harpool, Senior Buyer
fi C i F�1
From Don McLaughlin, Senior Engineer
Electric Engineering
Date December 18, 1996
Subject Evaluation of Quotation on bid # 1975
The utility staff recommends awarding the bid to the low bidder
Dickerson Construction
Bid 1975 is for the following
• 300 foot bore across I 35E at James Wood
• Installation of two manholes provided by the City
• Installation of Polyethylene Duct provided by the City
The total cost of the bid is $59,200 ($197/foot)
Sincerely,,
Donald L McLaughlin
copy
Joe Cherri
Ralph Klinke
s
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON $
THIS AGREEMENT, made and entered into this 7 day of
JANUARY ___ A.D., 19 97 , by and between
CITY OF DENTON
of the County of DEMON and state of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DICKERSON CONSTRUCTION
P.O. BOX 181
CELINA TX 75009
of the City of raT.Tua , County of COLLTN
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 # 1975 — BORE CROSSING
in the amount of $ 59,200.00 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
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGINEERING STAFF
i
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
ce•_ =g
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.
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.
144
�- _ :•. ,_
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:
APPROVED AS TO FORM:
k-
City-Attorney
ARA01840
Rev. 04/05/96
CA - 3
CITY OF DENTON
OWNER
Hy_,
(SEAL)
DICKERSON CONSTRUCTION
CONTRACTOR
PO 3n' ibi Cel,ra -1-e♦ lSoo9
MAILING ADDRESS
91z- 387. ztJ-3
PHONE NUMBER
9-u- 30,- xo43
FAX NUMB / p
BY -
TITLE
zew�s ckta)+.✓
PRINTED NAME
(SEAL)
I M P O R T A N T N 0 T I C E
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.0 BOX 149104
AUSTIN, TEXAS 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 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.
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON § Bond i201445
KNOW ALL MEN BY THESE PRESENTS: That DICKERSON CONSTRUCTION
COMPANY, INC. , of the City Of CELINA
County of LbLLIN , and State of Tx
as PRINCIPAL, and HARTFORD CASUALTY INSURANCE COMPANY
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CITY OF DENTON
as OWNER, in the penal sum of FIFTY NINE THOUSAND Two HUNDRED and no/100
Dollars ($ 59,200.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 7 day of JANUARY
19_ 7, for the construction of BID # 1975 - BORE CROSSING
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action bg filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
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.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 16TH day of JANUARY ,
19 97
DICKERSON CONSTRUCTION COMPANY, INC.
Principal
By .4&
Title /"(
Address: P. 0. BOX 181
CELINA, TX 75009
(SEAL)
HARTFORD CASUALTY INSURANCE COMPANY
Surety
6�/ A-Z4-
EDWARD L. MOORE
Title ATTORNEY -IN -FACT
Address: P 0. BOX 4611
HOUSTON, TX 77210-4611
(SEAL)
The name and address of the Resident Agent of Surety is:
E SEY 6 ASSOCIATES SURETY/INSURANCE
8820 WILL CLAYTON PARKWAY, SUITE F
HUMBLE, TX 77338
NOTE: Date of Bond must not be prior to date of Contract.
ARA0184D
Rev. 04/05/96
PB - 2
PAYMENT BOND
STATE OF TEXAS $
COUNTY OF DENTON $ BOND #201445
KNOW ALL MEN BY THESE PRESENTS: That DICKERSON CONSTRUCTION
COMPANY, INC. of the City of CELINA
County of MT.LIN , and the State of TX
as principal, and HARTFORD CASUALTY INSURANCE COMPANY
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
mom MW nF naNmnN , OWNER, in the penal sum of
FIFTY NINE THOUSAND TWO HUNDRED and no/100-- Dollars ($ 59,200.00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 7 day of JANUARY
19 97 .
BID b 1975 - BORE CROSSING
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and affect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms Of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
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.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 16TH day of JANUARY
19 97
DICKERSON CONSTRUCTION COMPANY, INC
Principal
By Zmolwzz
Title Av
Address: P. 0. BOX 181
CELINA, TX 75009
(SEAL)
HARTFORD CASUALTY INSURANCE COMPANY
Surety
Title ATTORNEY -IN -FACT
Address:
P. 0 BOX 4611
HOUSTON, TX 77210-4611
(SEAL)
The name and address of the Resident Agent of Surety is:
ELSEY A ASSOCIATES SURETY/INSURANCE
8820 WILL CLAYTON PARKWAY. SUITE F
HUMBLE, TX 77338
AAAO184D
Rev. 04/05/96
PB - 4
HARTFORD CASUALTY INSURANCE COMPANY
EXECUTIVE OFFICE Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY a corporation duly
organized under the laws of the State of Indiana and having its Executive Office in the City of Hartford County of Hartford State of
Connecticut does hereby make constitute and appoint
BRUCEC DeHART, EDWARD L. MOORE, REGEVAM CAR7ER, ROS4LYND HASSELL
and DAVIDR GROPPELL of HUMBLE, TEXAS
Its two and lawful Attomey(s) In Fact with full power and authority to each of said Attorney(s) In -Fact in their separate capacity if more
then one,is named above to sign execute and acknowledge any and all bonds and undertakings and other writings obligatory in the
nature thereof on behalf of the Company In Its business of guaranteeing the fidelity of persons holding pleas of public or private trust
guaranteeing the performance of contracts other than Insurance policies guaranteeing the performance of Insurance commons where
surety bonds are accepted by states and municipalities and executing or guaranteeing bonds and undertakings required or permitted in
all actions or proceedings or by law allowed and to bind THE HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to
the same extent as If such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive
Officer of the HARTFORD CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers and hereby
ratifies and confirms all that its said Attomey(s) in Fact may do in pursuance hereof
This power of attorney is granted under and by authority of the following Resolubons adopted by the Board of Directors of the
HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of June 1988
RESOLVED that the Presklerd or any VIwPresldent acting wb any Secretary or Assistant Secretary shall have power and authority to
appoint for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof one or more Resident
VlcaPrealdents Resident Assistant Secretaries and AttomeyPln fact and at any time to remove any such Resident VIa�Presktent Resident Assistant
Secretary orAttom ry-In Fact, and woke the paver and authority given to him
AttomeysalnFact shall have power and authority subject to the terms and limitations of the power of attorney Issued to them to exeade and
deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and other writings obligatory In the
nature thereof and any such instrument executed by any such Attorney in Fact shall be as binding upon the Company as x signed by an Executive Officer
and sealed and attested by as other of such OMars
RESOLVED that whereas the President or any VkaPmmdant acting with any Secretary or Assistant Secretary has the power and authority to
appoint by a power of attorney for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof
one or mom Rsledent Via-Prssldents Assistant Secretaries and Attorneys In -Fact
Now therefore the signatures of such Omars and the seal of the Company may be aeaed to any such power of attorney or to any certificate
relwng thereto by faalmile and any such power of attorney or artMlate boards such hom mile signatures or faaimre seal shall be valid and binding
upon the Company and any won power so executed and artified by faalmile signatures and faalmile seal shall be valid and binding upon the Company
In the future with mpect to any and or undertaking to which it Is attached
In witness whereof the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be signed by its Vice -
President and Its corporate seal to be hereto affixed, duly attested by its Secretary this list day of May 1995
Attend: HARTFORD CASUALTY INSURANCE COMPANY
SWMWY
STATE OF CONNECTICUT .,,„
.. Paul L Marabella
COUNTY OF HARTFORD I VksPisaident
On this 1 at day of May A D 1995 before me personally come Paul L Mambells to me known who being by me duly sworn did depose
and say that he resides In the County of Hartford State of Connecticut that he is the Vice -President of the HARTFORD CASUALTY
INSURANCE COMPANY the corporation described In and which executed the above Instrument that he knows the seal of the said
corporation that the seal affixed to the said Instrument is such corporate seal that it was so affixed by order of the Board of Directors of
saitl corporation and that he signed his name thereto by like order
STATE OF CONNECTICUT + aorMY
COUNTY OF HARTFORD ss s adeYc Notary AMMO
kty Commission Excess Jua the is"
CERTIFICATE
I, the undersigned Secretary of the HARTFORD CASUALTY INSURANCE COMPANY an Indiana Corporation DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked and furthermore that
the Resolutions of the Board of Directors set forth in fhe Power of Attorney are now in fora
Signed and sealed at the City of Hertford
Dated the 16TH
{7IN ^q
day ofJANUARY 107
L !�
Robed L Pop
Screw
Form SM79 (HC) Filmed In U SA
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 falls 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 n
• 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
AAA00350
REVISED 10/12194 Cl -
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 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 CI - 2
Insurance Requirements
Page 3
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:
(xj A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,00o.0oshall beprovided and maintained bythe 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.
e Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractuaLliabdity
covering this contract and broad form property damage coverage
e Coverage B shall include personal injury
e 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'
e 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
e Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AAA00350 Cl - 3
REVISED 10112re4
Insurance Requirements
Page 4
Ixl Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000.00 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.
[xl 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 4100,000 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 M6.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
I 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
AAA00350 CI - 4
REVISED 10112re4
Insurance Requirements
Page 5
"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
AAA00350 CI - 5
REV0 M 10/12/94
Insurance, Requirements
Page 6
ATTACHMENT 1
Ud 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 W6.096) -
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,
Section 401 011(44) for all employees of the contractor providing services
on the project, for the duration of the project
AAA00350 Cl - 6
REVISED 10/12/04
Insurance Requirements
Page 7
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
mail 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
AAA00350
REVISED 101121S4 Cl - 7
Insurance Requirements
Page 8
1. 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, anew
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
nnnoo350
REVISED 10/12/04 Cl - 8
Insurance Requirements
Page 9
(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.
MA00350 CI - 9
REVISED 10/12/91
SID NUMBER 1975 BID PROPOSALS
City of Denton, Texas 9010 Texas St
Purchasina Dooartment Denton. Texas 76201
Page 2 of 2
ITEM
DESCRIPTION
OUAN
PRICE
AMOUNT
1
BORE CROSSING AT I-35E & JAMES WOODS: TxDOT RIGHT
�
$ 59.�oe a
OF WAY, APPROXIMATELY 300 FT.
20" MINIMUN CASING
INSTALL 3 - 6" POLYETHELENE DUCT
3 - 4" POLYETHELENE DUCT
3 - 2 1/2" POLYETHELENE DUCT
2 - MANHOLES
TOTALS
We quote the above f o b dellvered to Denton, Texas Shipment can be made In Ga days from receipt of order Terms net130
unless otherwise Indicated
In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a
reasonable period of time constltues a contract The completed Bid Proposal must be properly priced, signed and returned
Pst
Melling Address
eat aw -ieN -ISgpS
City stale Zip
4 -12 - 3 8-- z t z. 3
In (Mr
I'ame—el, r
q��
Signature
T01,
Certificate of Insurance
IIlIS(IRIII CAII 1514tiUIDASAMAIIIROI INIORMA110N UNIY AND(ONH RSNO Ii IIISI IOAYOL I111 (I RIIII(A11 IRHUIIt IIIS(IILIIH(All iSNOI
ANINSLRAA(IIOIKYANDDOrS NOT AMIND I X IT ND OR AI If RTl if(OVI RAC 1 AT 10ItDI DM 111110I K 11S ISIIDHI ObA
This is to Certify that
—
�KERSON INC
LIBERTY
CONSTRUCTION COMPANY,
Name and
DICKERSON EQUIPMENT COMPANY
CELINA READY MIX, INC ,—
address of MUTUAL®
1309 NORTH LOUISIANA
Insured
CELINA TX 75009
Is at the sue date of this certificate, Insured by the Company under the policy(es) listed below The Insurance afforded by the listed pohcy(les) Is subject to all their
be
terms exclusions and conditions and is not altered by any requirement, term or condition of any
contract or other document with respect to which this certificate may
-
issued _
EXP DATE
—
. ElCONTINUOUS
OF POLICY
El
POLICY NUMBER
LIMIT OF LIABILITY
IN POLICY TERM
— -- —
WORKERS
3/5/97
WC7-191-409705077
COVERAGE AFFORDED UNDER WC I EMPLOYERS LIABILITY
LAW OF THE FOLLOWING STATES
COMPENSATION
Ei Inlury By Accident
TEXAS
$100,000 Accident
GENERAL 2/20/97 YY1-191 409705 017
LIABILITY
0 OCCURRENCE
❑ CLAIMS MADE
RETRO DATE
AUTOMOBILE 9/1/97 AS2 191-409705 036
LIABILITY
[X OWNED
[� NON OWNED
❑X HIRED
OTHER 9/1/97 MS2 191 409705 066
CONTRACTORS
EQUIPMENT
ADDITIONAL COMMENTS
BID# 1975 BORE CROSSING
Bodily Injury By Disease
$500,000 Policy
Limit
$100 000
$2,000 000
$2,000,000
Bodily Inlury and Property Damage Liability
Per
$1,000,000 Occurrence
Personal and Advertising Injury
Per Person/
$1,000,000 Organization
$1,000,000
Each Accident Single Limit
B I and P D Combined
Each Person
Each Accident or Occurrence
Each Accident or Occurrence
HIRED EQUIPMENT ENDORSEMENT PER PIECE$300,000
CITY OF DENTON, ITS OFFICIALS, AGENI S, EMPLOYEES AND VOLUNTEERS ARE LISTED AS ADDITIONAL INSUREDS AS RESPECTS
TO GENERAL AND AUTO LIABILITY, WITH A WAIVER OF SUBROGATION ON WORKERS COMPENSATION
It the ceniflcale expiration date Is continuous or extended term you will be notified It coverage is terminated or reduced before the certificate expiration date
SPECIAL NOTICE-OHIO ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS
AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD
NOTICE OF CANCELLATION NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW)BEFORE Liberty Mutual Group
THE STATED LXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED
UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS o A
NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO
CITY OF DENTON
c�RTlFlcare ATTN TED BENAVIDES CHERI LYNN K EHN
HOLDER AUTHORIZED REPRESENTATIVE
IRVING, TX BB (972) 550 7899 1/10/97
_I OFFICE PHONE NUMBER DATE ISSUED
I h1. ccrti0cik n cxru,l(d by 11131 R I Y MU1UAI ( ROUP n a�Pub arch mwnncc i+iY iffoidrd F, I Ii ( I
FLORIDA
IMPORTANT NOTICE TO POLICYHOLDERS AND CERTIFICATE HOLDERS
In the event you have any questions or need information about this certificate for any reason, please
contact your local Sales Producer, whose name and telephone number appears on the front lower right
hand corner of this certificate The appropriate local Sales Office mailing address may also be obtained
by calling this number