HomeMy WebLinkAbout1997-045ORDINANCE NO 7 7 c6
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, 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
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
NUMBER CONTRACTOR AMOUNT
1995 JESKE CONSTRUCTION $144,255 80
SECTION 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 ION 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
PASSED AND APPROVED this the !" day of A'141 1997
J MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE FEBRUARY 18, 1997
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID # 1995 - KERLEY STREET CULVERT IMPROVEMENTS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jeske
Construction, in the total amount of $144,255 80
SUMMARY: This bid is for all labor and materials necessary in the improvement and construction
of the Kerley Street drainage culvert
Bmkley & Barfield, Inc , Consulting Engineers, developed the specifications for the bid and agree that
the price of the low bidder is acceptable
Six bid proposals were received in response to fifty notices to bid mailed to prospective contractors
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED- Drainage Department, Utilities
and Citizens of Denton in the Kerly Street area
FISCAL IMPACT. Budgeted funds for Drainage, account # 453-020-DRAN-9620-9108
Attachments Tabulation Sheet
Memorandum from David Salmon dated January 27,1997
Respectfully submitted
Ted Benavides
City Manager
Prepared by L
Name Denise Harpool
Title Senior Buyer
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
829 AGENDA
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CITY OF DENTON TEXAS CITY HALL WEST • 221 N ELM DENTON, TEXAS 76201
(817) 566-8200 DFW METRO 434 2529
MEMORANDUM
DATE January 27, 1997
TO Tom Shaw, Purchasing Agent
FROM David Salmon, Engineering Administrator
SUBJECT Bid #1995, Kerley Street Culvert
Bids were opened on the above mentioned project on January 16th,
1997 The low bidder was Jeske Construction with a bid of
$144,255 80
The construction plans and bid documents for this project were
prepared by Binkley and Barfield, Inc , Consulting Engineers
Their construction estimate was $132,850 00 for a difference of
$11,405 80 or 8 6% As the next two bidders were very close to the
low bidder (DBR Construction at $144,906 96 and Renaissance at
$146,792), we feel that the low bid is a realistic price Binkley
and Barfield concurs with that conclusion as well
We have checked references for Jeske Construction and found that
they have completed similar work in Farmers Branch, Colleyville and
Dallas with minimal change orders, timely completion and
satisfactory results
We recommend that the bid for Kerley Street Box Culvert be awarded
to Jeske Construction and this item be forwarded to City Council at
the earliest possible date
Davi Salm n, P E
AEE007FE
'Dedicated to Quality Service
CONTRACT AGREEMENT
STATE OF TEXAS $
COUNTY OF DENTON $
THIS AGREEMENT, made and entered into this 18 day of
FEBRUARY A.D., 19 97 , 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
JESRE CONSTRUCTION
P.O. BOX 59025
DALLAS, TEXAS 75229
of the City of DALLAS , County of DALLAS
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 # 1995 - XERLEY STREET CULVERT IMPROVEMENTS
in the amount of S144.255.80 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
all of which are made a part hereof and collectively evidencb and
constitute the entire contract.
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.
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.
10:g
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:
99z111lli4
City
Attorney
AAA0184D
Rev. 04/05/96
CA - 3
CITY OF DENTON
OWNER
By-
(SEAL)
JESRE CONSTRUCTION
CONTRACTOR
P. 0 Box 59025
Dallas, Texas 75229
MAILING ADDRESS
972 620 2248
PHONE NUMBER
72 629 9852
FAX R �
BY
TITLE
Steve Jeske, President
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That JESKE CONSTRUCTION CO-
, of the City of DALLAS
County of DALLAS , and State of TEXAS
as PRINCIPAL, and Safeco Insurance Company of America
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 ONE HUNDRED FORTY FOUR THOUSAND TWO HUNDRED
FIFTY FIVE and 80/100-------------- Dollars ($ 144,255.80 ) 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 18 day of FEBRUARY ,
19 97, for the construction of BID # 1995-KERLEY STREET CULVERT
IMPROVEMENTS
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 be 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 18th day of February
1997 . ,
Jeske Construction Co.
Principal
By
Title Steve Je ke, President
Address: P 0 Box 59025
Dallas. TX 75229
(SEAL)
Safeco Insurance Company of America
Surety
Title Tr y Tucker, Attorney -in -Fact
Address: P o Box 2285
Ft Worth, TX 76113
(SEAL)
The name and address of the Resident Agent of Surety 1s:
Tucker Agency, Inc.
206 E 8th St #210 Ft Worth, TX 76102
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 04/05/96
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That JESKE CONSTRUCTION CO
of the City of DALLAS
County of DALLAS , and the State of TEXAS
as principal, and Safeco Insurance Company of America
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
CITY OF DENTON OWNER, in the penal sum of
ONE HUNDRED FORTY FOUR THOUSAND TNO HUNDRED FIFTY FIVE and 80/
Dollars ($ 144,255.80 )
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 in day of FERDTTARV
19 97 .
BID # 1995 — KERLEY STREET CULVERT IMPROVEMENTS
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 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 - 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 18th day of February
19 97 .
Jeske Construction Co.
Principal
By -
Title Steve Je e, President
Address:
P 0 Box 59025
Dallas. TX 75229
(SEAL)
Safeco Insurance Company of America
Surety
Title Tra y Tucker, Attorney -in -Fact
Address:
P 0 Box 2285
Ft Worth, TX 76113
(SEAL)
The name and address of the Resident Agent of Surety is:
Tucker Agency, Inc
206 E 8th St #210 Ft Worth, TX 76102
AAA0184D
Rev. 04/05/96
PB — 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That TESKE ('oNSTUIIrmroN Co.
as Principal, and Safeco Insurance Company of America
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of FOURTEEN THOUSAND FOUR HUNDRED TWENTY FIVE and 58/100
Dollars ($ 14,425.58 ), tan (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said JESKE CONSTRUCTION
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1995 - KERLEY STREET CULVERT
IMPROVEMENTS
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - 1
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each days failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said Jeske Construction Co
as Contractor and Principal, has caused these presents to be
executed by Steve Jeske, President
and the said Safeco Insurance Company of America
as surety, has caused these presents to be executed by its
Attorney -in -Fact Tracy Tucker
and the said Attorney -in -Fact has hereunto set his hand this 18th
day of February , 19 97
SURETY:
Safeco Insurance Company of America
B . _
Tracy Tu ker, Attorney -in -Fact
Attorney -in -Fact
AAA0184D
Rev. 04/05/96
MB - 2
PRINCIPAL:
Jeske Cons ruc
Steve Jes , President
eMCI&POWER SAFECO INSURANCE COMPANY OF AMERICA
HOME OF ATTORNEY SEATT E WASHINGTONP08185
No 9150
KNOW ALL BY THESE PRESENTS
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation does hereby appoint
NN■NNNDELBERT TUCKER, TRACY TUCKER, TOBIN TUCKER, W LAWRENCE BROWN, Fort Worth, TexaseNeeNNNN
Its true and lawful attorney(s)-in-fact with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character Issued by the company in the course of Ns business and to bind SAFECO INSURANCE
COMPANY OF AMERICA thereby as fully as If such Instruments had been duly executed by Its regularly elected officers at Its home
office
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 3rd day of
�X Lt—
rn n ON I( fl I W
CERTIFICATE
October
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
1994
"Article V Section 13 - FIDELITY AND SURETY BONDS the President any Vice President the Secretary and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of simllar character Issued by the company In the course of its business On any, instrument making or evidencing
such appointment the signatures may be affixed by facsimile On any, Instrument conferring such authority or on any bond or undertaking
of the compare/ the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced provided however
that the seal shall not be necessary to the validity of any such Instrument or undertaking"
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out
(0 The provisions of Article V, Section 13 of the By -Laws and
00 A copy of the power -of -attorney appointment executed pursuant thereto and
(m) Certifying that said power -of -attorney appointment Is In full force and effect
the signature of the certifying officer may be by facsimile and the seal of the Company may be a facsimile thereof"
1 R A Pierson Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the
By -Laws and of a Resolution of the Board of Directors of this corporation and of a Power of Attorney Issued pursuant thereto are
true and correct and that both the By -Laws the Resolution and the Power of Attorney are still In full force and effect
IN WITNESS WHEREOF, I have hereunto set ny hand and affixed the facsimile seal of said corporation
this 18th day of February 19 97
SEAL -
w
9,
a-1300/EP 1/e3 �l9Tf OF W�10 ®Registered trademark of SAFECO Corpora0on
ASN\N
TUCKER AGENCY, INC,
Bonds and Insurance
206 E Eighth St , Suite 210
Fort Worth, Texas 76102
(817) 336-8520
ACORD7 hM�Rw`F« f 4�2Fr `r s�y�r 5 GATE (MM/DDV
rM < ££hk• $� Yfi i 3 02/25/97
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TUCKER AGENCY INC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O BOX 22e5 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
FORT WORTH TX 76113 COMPANY
A VALLEY FORGE INSURANCE COMPANY
(E17) 336-8520
INSURED
JESKE CONSTRUCTION CO
COMPANY
B CONTINENTAL CASUALTY INS CO
_
COMPANY
`. TRANSCONTINENTAL INS CO
P 0 BOX 59025
DALLAS TX 75229
COMPANY D TRANSPORTATION INSURANCE CO
COVERAGEs>< c
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
VTR
TYPE OF INSURANCE
POLICY NUMBER POLICYEFFECTIVE
DATE (MM/DD/YY)
POLICYEXPIRATION
DATE (MM/DDNY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
$ 2 000 000
PRODUCTS COMP/OP AGG
$ 1 000 000
A
X
COMMERCIAL GENERAL LIABILITY
129625034
09/01/96
09/01/97
CLAIMS MADE 51OCCUR
PERSONAL&ADV INJURY
$ 1 000 000
EACH OCCURRENCE
$ 1 000 000
OWNER S& CONTRACTORS PROT
FIRE DAMAGE (Any one fire)
$ 50 000
A
X
CG2503 PER PROJECT AGURE
MED EXP (Any one pe(son)
$ 5 000
B
AUTOMOBILE
LIABILITY
ANY AUTO
129625020
09/01/96
09/01/97
COMBINED SINGLE LIMIT
$
1 000 000
%
BODILY INJURY
(Per Person)
ALL OWNED AUTOS
SCHEDULED AUTOS
$
X
BODILY INJURY
(Per accident)
$
B
B
HIRED AUTOS
NON OWNED AUTOS
X
PROPERTY DAMAGE
$
AGE LIABILITY
AUTOONLY EAACCIDENT
$
OTHER THAN AUTO ONLY
ANY AUTO
I
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$ 2 000 000
AGGREGATE
S 2 000 000
D
X UMBRELLA FORM
12962504E
09/01/96
09/01/97
S
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
X TIC Y LIMA OTHH
EMPLOYERS LIABILITY
EL EACH ACCIDENT
$ 500 00a
ELDISEASE POUCVLIMIT
C
THE PROPRIETOR/ X INCL
PARTNERS/EXECUTIVE
129625017
09/01/96
09/01/97
$ 500 000
— --
EL DISEASE EA EMPLOYEE
OFFICERS ARE EXCL
1 $ 500 000
OTHER
This insurance is primary
to any other insurance available
to the
additional insured
with respect to claims
covered under the polic
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE BID 91995 KERLEY STREET CULVERT IMPROVEMENTS
City of Denton, its officials, agents, employees and volunteers are Additional Insured excluding Workers Compensation
Waiver of Subrogation in favor of City of Denton, its officials, agents, employees and volunteers on Workers Comp
0E RTINCATE HOLDP
CANCELLATION
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 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
901B TEXAS STREET
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
DENTON TX 76201
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR EPRESENTATIVES
AUTHORIZED REPRESENTATIVE
ODIN TUCKER
AOORD Z4 (1/00) w a` a F ii ' ; "<. v 3
q AOCRA CORPORATION 19as
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 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
AAA00350
REVISED 10l12/S4 Cl - 1
Insurance Requirements
Page 2
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 Cl - 2
REVISED 10112/94
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
[Xi A General Liability Insurance:
General Liability insurance with combined single limits of not less than
s 1,000,000 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
(XCU) exposures
Broad form contractual liability (preferably by endorsement) covering
this contract, personal injury liability and broad form property damage
liability
AAA00300 Cl _ 3
REVISED 10/12194
Insurance Requirements
Page 4
[XI Automobile Liability Insurance,
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000 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 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)
[ 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
AAA00360 Cl - 4
REVISED 10112/94
Insurance Requirements
Page 5
contract Coverage shall be on an "occurrence" basis, and the policy shall be Issued
by the same Insurance company that carries omb contractor'ed bodily injury ty insurance
end property
Policy limits will be at least
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
[ [ 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 Cl - 5
REVISED 10112/94
Insurance Requirements
Page 6
ATTACHMENT1
[X) 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, 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 10/12/94
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
111 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
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
AAA00350 Cl - 7
REVISED 10112/94
Insurance Requirements
Page 8
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 01 1(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;
he end
the
eriod, a new
(3) provide the contractor, prior to certificate i of coverage showingextension fof coverage, eifpthe 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
ing extension of coverage,
ior
(b) a new to the end 'of the coverage penod,,ficate of coverage Nif he coverage period shownon
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,
AAA00360 Cl _ 8
REVISED 10/12194
Insurance Requirements
Page 9
l
(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 matenally 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 Cl - 9
REVISED 10/12194
BID SUMMARY
TOTAL BID PRICE IN
-*/¢4, 255, 80
0
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 clamis for 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
,�ES KE �aNSTQ.VcTio�V G �
CONTRACTO
BY `� Q
C, P$ V . I YP 9
P 0. 3C% s17o2s
Street Address
f)a16s 7x 7S22
City and State
Seal & Authorization
(If a Corporation)
Telephone
F�
WORK DAYS 60
BID NO 1995
PO NO
BID TABULATION SHEET
UANTTPY
UNIT
UNIT PRICE
TOTAL
rrEM
I DESCIUMON
1
I Preparation of ROW
1
Ls
$ 6 /00, 00 /
I $ G,100 oa
Umt Price m Words
Six ThoutaMd One I,LL"eA Pollars
2
Remove & Replace Asphalt
Pvmt
267
Sy
$ p 0 /
$
l,(c0 2 00
Umt Price in Words
Six 0o f(n rs
3
Remove & Replace Conc
Curb & Gutter
110
Lf
$ lg" /
$
1/, 0,0
Umt Price m Words
Er /t,/e ery Polar
4
Remove Existmg Culvert &
Wingwalls
1
Ls
$ /
98too, 00
$
,✓,BOD Ov
Umt Price m Words
Fi e Tho us am d C h f ►lam dr° d 0011 a r s
5 1
Remove Conc Rip Rap
1
Ls 1
$ 90e,00 l
$ 700 ,00,
Umt Price in Words
Nine 4"4" d Do /IA's
6
Remove & Replace Exist
Fence
110
Lf
$ /
$
Umt Price in Words
N, n e fee,. a 11 a r
7
Rock Excavation
50
Cy
$ 5O D l
$ V 50o a
Umt Price m Words
�� p 0 I #,,• 5
8
Cut & Plug Exist 8" San
Sewer
2
Ea
$ /
00
$
/,346,cd
Umt Price m Words
S,x i�w.c�recl �,,Q� ID011ces
9
1 4" PVC Under Dram
200
Lf
p,SO/
$ lop ,08
Umt Price m Words
r$
f li lla,Ks rt 6ds
10
6" PVC Water Mam
98
Lf
$ 3-0, 00 l
114,906 0
Umt Price in Words
D o 11 Lv s
P - 3
WORK DAYS 60
BID NO 1995
PO NO
BID TABULATION SHEET
DE9CIUMON
QUANTITY
UNIT
UNrr PRICE TOTAL
rrm
11
18"RCP Storm Sewer
60
Lf
$ 47,00/
$A,820c0
Umt Price m Words
r 540.4 ,Do l f &y s
12 1
36" Steel Encasement Pipe
81 1
Lf
$ 94,001
$ 10 804 ,od
Umt Price m words
D o d ff.y s
13
5' Drop Manhole
1
Ea
$ f,Doo db $ 3)W 00
Umt Price m Words
�� e t a d I(
14
10' Inlet
2
Ea
$ 2200,60
$4,40060
Unit Price m Words
W 7lt a u s o .• Cl "' , d :-6 it ,y s
15
32' Crownspan Precast Conc
Culvert
46
Lf
1
$ /
1374.60
$
b3, 2o4,00
Umt Price m Words
&yw J kvusa.wd -ri re a 4u-. 4ej avt gN po fi
16 1
CMU & CTB Wmgwall
4 1
Ea
$ 2900,,v $10i 90006
Umt Price in Words
j % {sous d , d .�wa* u K a�°� /%��a✓ s
17
1 6" Conc Rip Rap
198 1 Sy $ 46),Obl
$�?,5et,od
Umt Price m Words
k4 Do I [ v s
18
Regrade & Reshape Channel
133
Lf $ l <f X /
$ 2 527 60
Umt Price m Words
Ni ed-W Q611a �s
19
Variable Depth Conc
Sidewalk
384
Sf
$4 70 /
$ ¢ 8
Umt Price in Words
Q ug Volign jm!I Gv
20
1 Type T-6 Traffic Rail
64
1 Lf
$ 3 ,$0/
$ 2400 CO
Umt Price m Words
Thi✓ Do II" f �E' -1 s
21
25' Guardrail Turndown
Section
4
Ea
$ /
45o,00
$
1,800,00
Umt Price m Words
�6u� �,,,�d,,c,� �� (JaIIty 5
P-4
WORK DAYS 60
BID NO 1995
PO NO
BID TABULATION SHEET
ITEM
DE9MEMON
UANTITY
i1NlT
UNIT PRICE TOTAL
22
Erosion Control
1
Ls
$ A 3041
$ 4 30 od
Unit Price in Words
s,x d o d71,1 Do Iles s
23
Seeding
120
Sy
$ 400 /
$ A40.66
Unit Price in Words
D0 I tr 4
24
1 Trench Safety Design
1 Ls $ 660,00 / Is 600,0d
Unit Price in Words
Six 4" a d pe Iles s
25
1 Trench Safety
212
1 Lf
$ 5.06 l
$ /060,0 d
Unit Price in Words
171ve Do 11a Y 5
26
Construction Sign
1
Ea
$ 4-50.[0/
$ ¢50,o�
Unit Price in Words
1po d, P d n6Qo) &Y5,
27
Contingencies, Warranties, &
Understandings
1
Ls
Is'50,00
$ D
3,55Do
Umt Price in Words
Three 1 kousa,.d (i ve U�a c 041 D lays
P-5