HomeMy WebLinkAbout1997-166ORDINANCE NO `_TI- - I (p 49
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
2048 SABER DEVELOPMENT CORPORATION $162,281 50
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 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 __� 1 +kday of — _ _,1997
VC440,111"LLER,'
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE JUNE 17, 1997
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" WATERLINE
REPLACEMENTS
RF,COMMENDATION: We recommend this bid be awarded to the low bidder, Saber Development, in the
amount of $162,281 50
SUMMARY- This bid is for all labor and materials necessary in the replacement of 2,455 feet of waterlines
in the Boyd Street area and 424 feet of waterlines at McKinney Street These waterlines are in poor condition
and are too small to serve the residents adequately
Notices to bid were mailed to sixty-nine vendors with responses received from three
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Water Field Services, Water Utility,
Citizens of Denton
FISCAL IMPACT, Budgeted funds for C I P waterline replacement account number 620-081-0461-9114
Attachments Tabulation Sheet
Memorandum from David Salmon dated 05/28/97
Minutes from Public Utility Board dated 05/19/97
Respectfully submitted
a uBo
Executive Dec ctor of Finance
Prepared by
Name H
Title Senior Buyer
Approved
Name Forn 0 Shaw,
Title Purchasing Agent
884 AGENDA
BID # 2048
BID NAME BOYD & MCKINNEY ST
WATERLINE REPLACEMENTS
OPEN DATE MAY 15, 1997
I
2
LS IBOYD ST 6" WATERLINE
LS
ST 8" WATERLINE
CORRECTED TO
SABER
DEVELOPMENT
$128,666 50
JAGOE
PUBLIC
VENDOR
$141,800 50
DICKERSON
CONSTRUCTION
VENDOR
$156,453 00
$33,525 00 $35,505 50 $33,249 001
_$162,19150� _ $177,30600 __$189,70200
$162,281
I�
YES _ YES_ _ _ _ YES
I
4
CITY OF DENTON TEXAS CITY HALL WEST • 221 N ELM DENTON, TEXAS 76201
MEMORANDUM (817) 566 8200 DFW METRO 434 2529
DATE May 28, 1997
TO Gerald Cosgrove, P E Engineer Administrator
FROM David Salmon, P E Engineer Administrator
SUBJECT Boyd Street and McKinney Street Waterlines
Bids were opened on the above mentioned project on May 15th, 1997 Saber Development
Corporation was the apparent low bidder with a bid of $162,191 50 Upon review of the bids,
a minor error was found in Sabers bid bringing it up to $162,281 50
Our estimate for this project was $178,674 00 The difference is relatively insignificant
We checked references on Saber prior to awarding the bids for Laurelwood Waterline and found
that they have completed similar projects for the cities of Hurst and Dallas with satisfactory
results and few construction problems Laurelwood is too early in the process to consider
personal experience
I recommend that the Boyd Street and McKinney Street water lines be awarded to Saber
Development Corporation
David Sal n
5
"Dedicated to Quality Service"
FROMI DENTON UTIL RDMI FAX NO 1 8175668120 06-03-97 09120R P 02
CITY OF DENTON PUBLIC UTILITIES .BOARD
MEETING MINUTES EXCERPI
May 19 1997
10 CONSIDER APPROVAL Or BID NO 2048 IN THE AMOUNT OF
$162,281 50 FOR CONSTRUCTION OF BOYD STREET 6" AND
MCKINNEY STREET 8" WATERLINE
Ms, Jordan presented this item She said that Saber Development Corp, was
the lowest qualified bidder, bidding $162,281 50 to replace the water lines in
the Boyd Street area which are in poor condition and inadequate in size Our
records show high maintenance activities for field service crews Replacing,
these waterlines will provide a quality water system to the residents in this area
with no interruption
There are several servi" lines that cross East McKinney (FM 426) One of the
lines is leaking so bad, that the road subsided The State will not allow us to
replace the line We must extend a waterline across the street and relocate the
services Mr Giese made a motion to approve bid as presented Mr
Thompson seconded the motion The bid was approved as presented
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 17 day of
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
SABER DEVELOPMENT CORPORATION
BOX 540186
DAIJAS, TX 75354
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 # 2048 - BOYD STREET 6" AND MCXINNEY STREET 8" WATERLINE REPLACEMENTS
in the amount of $162,281.50 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 otherdrawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by:
CITY OF DENTON ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence 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, workers
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
d 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
APPROVED AS TO
AAA0184D
Rev. 07/28/94
CITY OF DENMN
OWNER
I I
9/)� - --Y V -3Yos
PH NE NUMBER
- y 3 -,;�Y6
FAX N ER�
BY
TITLE
PRINTED NAME
(SEAL)
CA - 3
THE STATE OF TEXAS
BOND NO. BCN1045245
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That SABER DEVELOPMENT CORPORATION,
whose address is BOX 540186, DALLAS, TEXAS 75354, hereinafter called
Principal, and RARER I]F.VF.T.[]PMF.NT CORPORATION , a corporation organized
and existing under the laws of the State of TEXAS, and fully authorized
to transact business in the State of Texas, as Surety, are held and
firmly bound unto the City of Denton, a municipal corporation organized
and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of ONE HUNDRED SIXTY TWO THOUSAND TWO HUNDRED
EIGHTY ONE and 50/100 DOLLARS ($162,281.50) plus 10 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 con-
nected 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 97-166, with the City of Denton, the Owner, dated the 17 day of
JUNE A.D 1997, a copy of which is hereto attached and made a part
hereof, for BID # 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" 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
PERFORMANCE BOND - Page 1
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 FOUR copies,
each one of which shall be deemed an original, this the 17TH day of
JUNE 19 97
ATTEST PRINCIPAL
SABER DEVELOPMENT CORP ATION
BY —�
SECRETARY PKESIDENT ROBERT E FARROW
ATTEST
BITUYINqUS CASUALT C
BY BY
A TORNEY-IN-FACT
R BECCA S THACKER
The Resident Agent of the Surety in Denton County, Texas for delivery of
notice and service of the process is
NAME SOUTHWEST ASSURANCE GROUP, INC
STREET ADDRESS
9400 N CENTRAL EXPWY , STE 1550, DALLAS, TEXAS 75231
(NOTE Date of Performance Bond must be date of Contract If Resident
Agent is not a corporation, give a nerenn's name )
[Revised 2/971
E \PORMS\PERFORM BON
BID # 2048
PERFORMANCE BOND - Page 2
THE STATE OF TEXAS
COUNTY OF DENTON
BOND NO. BCN 1045245
KNOW ALL MEN BY THESE PRESENTS That SABER DEVELOPMENT CORPORATION,
whose address is BOX 540186, DALLAS, TEXAS 75354, hereinafter called
Principal, and _...BITUMINOUS CASUALTY CORPORATION, a corporation organized
and existing under the laws of the State of ILLINOIS , and fully
authorized to transact business in the State of Texas, as Surety, are
held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or
improvements hereinafter referred to, in the penal sum of ONE HUNDRED
SIXTY TWO THOUSAND TWO HUNDRED EIGHTY ONE and 50/100 DOLLARS
($162,281 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
97-166, with the City of Denton, the Owner, dated the 17 day of JUNE,
A D 1997, a copy of which is hereto attached and made a part hereof, for
BID # 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" 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
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
PAYMENT BOND - Page 1
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 FOUR
copies,
each one
of which shall
be deemed an original, this the 17TH
day of
JUNE
19 97
ATTEST PRINCIPAL
SABER DEVELOPMENT CORPORATION
BY G'4 xx—
SECRETARY
BY � - /-" �
ESIDENRTT RO E FARROW
ATTEST SURETY
BYUOAr BY
A TORNEY-IN-FA T
RE ECCA S THACKER
The Resident Agent of the Surety in Denton County, Texas for delivery of
notice and service of the process is
NAME SOUTHWEST ASSURANCE GROUP, INC
STREET ADDRESS 9400 N CENTRAL EXPWY , STE 1550, DALLAS, TEXAS 72531
(NOTE Date of Payment Bond must be date of Contract
is not a corporation, give a person's name )
(Revised 2/97 \FORMS\PAYMENT BON
BID # 2048
PAYMENT BOND - Page 2
If Resident Agent
"151
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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 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 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 _sue
• 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
AAA00330
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(30) 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 10/12104 Cl - 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:
[XI A. General Liability Insurance:
General Liability Insurance with combined single limits of not less than
$1 million (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 CIS 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
AAA00350
REVISED 10/12/94 Cl " 3
Insurance Requirements
Page 4
[XI Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability Insurance with
Combined Single Limits (CSL) of not less than $1 million (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 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
[X] 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 contract Coverage shall be on an
AAA003SO
REVISED 10/12/94 Cl - 4
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
REVISED 10112/94 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[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 01 1(44) for all employees of the contractor providing services
on the project, for the duration of the project
AAA00350
REVISED 10/12/94 Cl - 6
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
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.
AAA00350
REVISED 10/12/94 Cl " 7
Insurance Requirements
Page 8
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
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 fife 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
AAA00350
REVISED 10/12/94 CI - 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
AAA00350
REVISED 10/12194 CI - 9
BID SUMMARY S
4di➢*3M44ON i;ic 4AiQ�? .:. �L�711a4'a"'.li'" 'r�L1jLl7 •�w'��`�'
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 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
CONTRACT
BY �!`
6?g c ��
x sg0/ a
Street Address '�
City ancT State
Seal & Authorization / 2 � 0 ���
(If a Corporation) / v
Telephone
B - 1
PROJECT
Boyd St. 6" Waterline
Replacement
McKinney St. 8" Waterline
Replacement
Total
BID SUMMARY
WORK DAYS
50
30
80
BID AMOUNT
9
33�
Award of the contract will be based on the total bid and all work
will be awarded to one contractor. Total work days will be the sum
of work days for all sections that are awarded.
B - 2
Boyd St 6" Waterline Replacement
WORK DAYS So
HID NO MAR
PO NO
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE TOTAL
1.21
Contractors Warranties a-
Understandings
LS
$/� �J/LS
/ .41
Unit Price in Words.
--
/( ^su/LF
2 12-A
6" Waterline
2400
LF
$
Unit Price in Words:
71-6 c,r qD#?,a � /G6
2 12-B
2" Waterline
55 LF
$ /� /LF
$ 9p�
Unit Price in Words:
f�
2 12 8
Ductile Iron Fittings
1000
LB
$ /LH
$ 60 b
Unit Price in Words.
r --
/ Y,Pei )4�
(���/EA
2 13 1
6" Gate Valve
4
EA
$
$ f1O0
Co
Unit Price in Words.
14.0
2 14
Fire Hydrant
8
EA
$///lS'� EA
Unit Price in Words
2 16-A
Water Service (Public)
46
EA
$ , EA
Unit Price in Words
2 16-C
Relocate/New Water
Service
1
EA
$ a �6 /EA
$ fJ �
Unit Price in Words
A, D
Wo /jvh �- --•
3 1
Preparation of Right -of-
Way
LS
�/LS
$ �Sd
Unit Price in Words
) >>>
3 10 7
Hydromulch
173
BY
$3��/SY
Unit Price in Words
77�� ��
3 12
Temporary Erosion Control
LS $
Unit Price in Words
P - 3
Boyd St 6" Waterline Replacement
WORK DAYS 50
BID NO 2048
PO NO
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
3-A
Remove Concrete Pavement
4
BY
o
$ °a(� /SY
ry pp
S �*
Unit Price in Words:
-1AST26
3-8
Remove Concrete Curb 6
Gutter
5
LF
$ �D00 /LF
Unit Price in Words.
3-C
Rrive emove Concrete Walks &
D
12
SY $ �o0a /SY
$ a/16
7
Unit Price in Words:
GLPh� a22Z�g_�
/$
3.9
Sod (Replace)
98
SY
���/SY
$
Unit Price in Words
J 7�
5. 8-A
Concrete Pavement
4
SY
$ �D//S/Y
$/40 0 a
Unit Price in Words
a
:,f'J`0'
8 1
Barricade, Warning Signs
& Detours
LS
$/� (� �T$
�� d
Unit Price in Words
8 2-A
Concrete Curb 6 Gutter
5
LF
$ 0�,� /LF
$ 1ff 0
Unit
Unit Price in Words.
8.3-B
Concrete Driveway
12
SY
$ �i)0/SY
$�I�
Unit Price in Words
SP-2 Concrete Saw Cut
43
LF
$ n-Q0 /LF
$
Unit Price in Words:
YIk
SP-10
Rock Excavation
50
CY/�_
a
$ f /CY
Unit Price in Words.
SP-37
Excavation Protection
246
LF
$ 02 /LF
$ //C?
Unit Price in Words:
7 71
P - 4
Boyd St 6" Waterline Replacement
WORK DAYS 50
BID NO --2UL$—
PO NO
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNI PRICE
TO
SP-39
Project Signs
2
EA
$ F(:yo /EA
Unit Price in Words
— X& A0.
�Y
SP-40
Cut & Plug Existing
Waterline
7
EA
bl
$ ZSO /EA
Unit Price in Words
%—sri15 ,iLY)dq F'• �% °� �au
SP-42
Remove Valve Stack
9
EA
$ / 00/EA
00
$ 7 10
Unit Price in Words
O YIlr! �J%/rJ /06
SP-43
Asphalt Sawcut
5092
LF
$ a\�✓/,LF
$
Unit Price in Words
SP-44
Remove Fire Hydrant
4
EA
$ 3 Qo/EA/l/�
$12a Q �
Unit Price in Words
/
-Y, M
SP-46
Misc Sprinkler System
Adjustment
LS
$ /a(} /LS
$ /fp
Unit Price in Words
0/7L'
WS-8
2" Blow Off Valve
EA
$ aN v/EA
$ (j -6 at
Unit Price in Words
,.-,-2
5 /
$
Unit Price in Words
$ /
$
Unit Price in Words
$ /
$
Unit Price in Words
$ / $
Unit Price in Words
TOTAL
P - 5
McKinney Sty 8" Waterline Replacement
WORK DAYS 30
BID NO 204A
PO NO
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
1 21
Contractors Warranties &
Understandings
LS
$ �/.rxv'J /LS
7(/(/!/
$�n�
vry
Unit Price in Words
,o-A w �%`�
!`S
2 12-B 8" Waterline
424
LF
%ILF $
$�
Unit Price in Words
2 12 8
Ductile Iran Fittings
200
LB $ Z J v /LB
$
Unit Price in Words
0
J5
2 13 2
8" Gate Valve
2
EA
$ (gyp SC� /EA
$ /
Unit Price in Words
/ d
2 16-C
Relocate/New Water
Service
4
EA
$ :kS0 EA
Unit Price in words
,-ram
/ -o
!—
3 1
Preparation of Right -Of-
way
LS
$ ? 00 /LS
Unit Price in Words
3 12
Temporary Erosion Control
LS
$0 /LS
$
Unit Price in Words
Jam., L�. w2 ojAl -4
V'/y!'
3 C
Remove Concrete Walks &
Drive
13
SY
°
$ /By
$ U
/7s-W
Unit Price in Words
' �q.,P� /1111
3 9
Sod
20 SY $ ���m/SY
$ O �'
Unit Price in Words
3 10 7
Hydromulch
179 SY $ 00 //SY
$
Unit Price in words
7,, a
6 4
14" Borings
60 LF $`/LF
Unit Price in Words
d h-e 1L,hVrV •i a,
yuI/9/\J
p - 6
WORK DAYS — 4AD
8
BID No � �3bb4488
McKinney St. B" Waterline Replacement PO NO.
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TQTAL
8.1
Barricade, Warning Signs
& Detours
_
LS
$ ,TQ o /LS
Unit Price in Words:
F, 72a
8 14
Fence Relocation
257
LF $ /LF $L 50rQ oD
Unit Price in Words
,&L
))
(�
`�.Y/P G�j//QYJ i �� ,Wi
8 3-B
Concrete Driveway
13 SY
$ aPJ� /SY
$ '(0 (J
Unit Price in Words:
7-,: P4 �'/' A(J J1d) J
SP-2
Concrete Saw Cut
16
LF
$ 3 00 /LF
$� ¢
Unit Price in Words
� IC
SP-10
Rock Excavation
50
CY
$ 1 Q /CY
$ s l:
Unit Price in Words.
SP-37
Excavation Protection
100
LF
$ /LF
$ ��
Unit Price in Words:
SP-39
Project Signs
1
EA
$ g�7J /EA
$ 0 0�
Unit Price in Words
�'�P �J c/.
'$'/
SP-40
Cut & Plug Existing
Waterline & Water
6
EA
& /EA
Unit Price in Words:
may) (;�I�b
SP-46
Misc. Sprinkler System
Adjustment
LS
$ /LS $�
Unit Price in Words:
Q �L� //✓�
/
WS-11
14 inch, Gauge 7
Casing (Steel)
74 LF
$ a(� /LF
$
Unit Price in Words
`�,PA�j,�
2 14
Fire Hydrant
1
EA
Unit Price in Words:
TOTAL�-
P - 7
6/25/97
PpODUCER Empl oyen General Insurance Group, Inc
690 E Lamar Blvd
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Ste 580
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
Arlington TX 76011
COMPANY Old Republic Insurance Company
A
INSURED Saber Development Corporation
COMPANY Old Republic Lloyds of Taxas
P 0 Box 540186
B
COMPANY
Dallas TX 75354
C
COMPANY
D
THIS 18 TO CERTIFY TT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 8SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CO DITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LT
TYPE OF INSURANCE
POUCYNUMBBR
DATE IMFFMAT�NIY)
PDLTE� IDD�N
LIMITS
B
OSNEMLLMBILITY
GENERAL AGGREGATE
f 2,000,000
X
PRODUCTS COMP/OPAGG
f 2,000 000
COMMERCIAL GEN LIABIUTY
PERSONAL a ADV INJURY
1 1,000,000
CLAIMS MADE X OCCUR
TCP-4462814
7/28/96
7/28/97
EACHOCCURRENCE
S 1,000,000
OWNERBaCONTRACTOR'S PROT
X
FIRE DAMAGE (AM wefirs)
S 50,000
CG 2503 is included
MEDEXP(Aryonepenwn)
f 5,000
B
AUTOMOBILE
UABIUTr
ANY AUTO
COMBINED SINGLE OMIT
f 1,000,000
X
X
X
BODILY INJURY
(Per pe1°°n)
f
ALL OWNED AUTOS
SCHEDULEDAUTOS
BAA-4423199
7/28/96
7/28/97
X
X
BODILYINJURY
(Per=Idenn
f
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
S
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
f
OTHER THAN AUTO ONLY
ANY AUTO
EACH ACCIDENT
6
AGGREGATE
f
A
I EXCSSS UAJ31UTY
EACH OCCURRENCE
f 1,000,000
AGGREGATE
f 1,000,000
X UMBRELLA FORM
UL-R462053
7/28/96
7/28/97
f
OTHER THAN UMBRELLA FORM
A
WORKERS COMPENSATION AND
X I STATUTORY UMITS
EACH ACCIDENT
Is 500,000
EMPLOYERS LIABILITY
WC-1463379
7/28/96
7/28/97
DISEASE POLICY UMIT
Is 500,000
THE PROPRIETOR/ INN.
PARTNERSIEKECUTIVE
OFFICERS ARE EJ(CL
DISEASE EACH EMPLOYEE
I f 500,000
OTHER
DESCRIPTION OF OPERATION TIO;;7 S—MCLEMPECIAL ITEMS
Re Boyd Street 6" and McKinney Street 8" Waterline Replacement
City of Denton, its Officials, Agents, Employees and volunteers are provided waiver of subrogation on all policies and
are additional in ured on all licies exce t Workers' Compen ation if required b written contract
• Y < 5 nE n�L�<`�kd<v<1<"ald�<u�� <aC ^"Pbp'y p�''AS d��Yd -Z..
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
OPPRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City Of Denton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City Hall West, 221 N Elm BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Denton TX 76201 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
AU ZED REPRESENTATIVE