HomeMy WebLinkAbout1997-284ORDINANCE NO q—'7 -A 07"
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 herem 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
SE .T� 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
NJ MBER CONTRACTOR AMOUNT
2073 MID -STATE UTILITIES, INC $122,750 00
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
I,;ECTION 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
1
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 tlus ordinance shall become effective immediately upon its passage and
approval 11 ����//
PASSED AND APPROVED this the'ofAay of &WZMZ&�,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By U
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY JA,4064� 4' -/
2
J ILLER, MAYOR
DATE SEPTEMBER 23, 1997
TO Mayor and Members of the City Council
FROM Kathy DuBose, Assistant City Manager of Finance
SUBJECT BID # 2073 -- COOPER CREEK DRAINAGE BASIN MANHOLE REHABILITATION
AND REPAIRS
RECOMMENDATION. We recommend this bid be awarded to the low bidder, Mid -State Utilities Inc,
in the amount of $122,750 00
SUMMARY: This bid is for all labor and materials necessary in the repair of manholes and pipes in the
Cooper Creek Basin area These defects are the sources of infiltration/inflow into the collection system
These repairs will make more capacity available for future growth in the Cooper Creek Basin
Bids were received from three contractors in response to sixty-five notices to bid mailed to contractors
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED, Water and Wastewater Engineering, Water
and Wastewater Utilities, Citizens in the Cooper Creek Basin Area
FISCAL IMPACT: Budgeted funds for 96 Revenue Bond Account # 625-082-RB96-V607-9114
Attachments Tabulation Sheet
Public Utility Board Meeting Minutes Recommending Approval
Respectfully submitted
os�.
4ate
Assistant C Manager of Finance
Prepared by
t�:ze.�•..e.ti k� a�tyc�,Q
ame Denise arp0000il-
Title Senior Buyer
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
934 AGENDA
BID # 2073
BID NAME COOPER CREEK DRAINAGE BASIN
MANHOLE REHABILITATION
AND REPAIRS
OPEN DATE JULY 22,1997
#Y�DESCRIPTION ----
1 TOTAL BID AWARD
BID BOND ENCLOSED
DELIVERY
4
SOUTHWESTERN RADICH
UNDERGROUND CONST
VENDOR VENDOR--
$197,497 50 $250,350 00
YES YES
MID -STATE
UTILITIES
VENDOR
$122,750 00
YES
PUBLIC UTILITIES BOARD EXCERPT FROM AUGUST 18 MEETING
REGARDING ITEM 8
AGENDA ITEM 8: CONSIDER APPROVAD OF BID NO 2073 IN THE AMOUNT OF
$122,750.00 FOR CONSTRUCTION OF COOPER CREEK BASIN
MANHOLE REHABILITATION AND REPAIRS
Jill Jordan, Interim Director of Water U1tht►es, presented the findings of a major study of inflow
and infiltration in the Cooper Creek basin area to the board. Plins were developed to 8101Ve the
problem and bids were taken.
Bids included: Southwestern Underground, $250,350, Radich Construction, $197,467, and Mid -
State Utilities, $122,750. The Utility staff recommended awarding the contract to the lowest
bidder. Bound Member Coplen made the motion to accept the bid. Board Member Norton
seconded the motion It was then unanimously passed by the board
SO d dLORIO 16-OZ-OI OZI8999ZIB I ON Xtld Iwau 'Atli NO1N30 IWON3
CONTRACT AGREEMENT
STATE
OF
TEXAS §
COUNTY
OF
DENTON S
THIS AGREEMENT, made and entered into this
SEPTEB3ER A.D., 19 97 , by and between
23 day of
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
KID -STATE UTILITIES, INC.
P.O. BOX 1160
WACO, TX 76703-1160
of the City of WACO , County of
N�JVI
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements bersinafter 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 # 2073 - COOPER CREEK DRAINAGE BASIN MANHOLE REHABILITATION AND REPAIRS
in the amount of $122,750.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
M1TT1RRRR7. 9HOUS$ Wllall T & ASSOC INC
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, 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.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
ATTEST:
� 0yQ
APPROVED AS TO FORM:
City Attorney
AAA0184D
Rev. 04/05/96
CA - 3
CITY
OWNER
KID —STATE UTILITIES, INC.
COAT.h,CTOR
i i ii
6 All ,
r
MAILING ADDRESS
as - �ys- sc(�-lj
PHONE NUMBER
a�- %(o3-act(
FAX NUMBER
BY
TITLE' Ce�� l 4-
PRINTED NAME
(SEAL)(V- J l7 ,Qcxx )
a -
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That MID -STATE UTILITIES INC., whose
address is P.O. BOX 1160, WACO, TX 76703-1160, hereinafter called Principal, and
AMERICAN NATIONAL FIRE Iryci 1RANir_Ftv3rporation organized and existing under the laws of the
State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held
and firmly bound unto the City of Denton, a municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations
who may furnish materials for, or perform labor upon, the building or improvements hereinafter
referred to, in the penal sum of ONE HUNDRED TWENTY TWO THOUSAND SEVEN
HUNDRED FIFTY and no/100 --- (122,750.00) in lawful money of the United States, to be paid
in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents Tlus 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 97-284, with the City of Denton,
the Owner, dated the 23 day of September, A D 1997, a copy of which is hereto attached and made
a part hereof, for BID # 2073 -- COOPER CREEK DRAINAGE BASIN MANHOLE
REHABILITATION AND REPAIR
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 4 copies, each one of which shall
be deemed an original, this the 23 day of September,1997.
ATTEST
ATTEST
PRINCIPAL
ffild-S40-1,e, wlllPies,Tfic'
BY
PRESIDEN
SURETY
AMERICAN NATIONAL FIRE INSURANCE CO.
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is�OJ� �]Q
NAMU: A6./IDA, .//I AM4,0 t.-L. 5�0I •
STREET ADDRESS dUGC,
(NOTE Date of Payment Bond must be date of Contract
corporation, give a per -on' s name)
PAYMENT BOND - Page 2
I X 75oS�
Resident Agent is not a
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That MID -STATE UTILITIES, INC, whose
address is P.O. BOX 1160, WACO, TX 76703-1160, hereinafter called Principal, and
AMERICAN NATIONAL FIRE INSLIRANC:ll Q t�oration 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 TWENTY TWO THOUSAND SEVEN HUNDRED FIFTY NO/100--
DOLLARS ($122,750.00) 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 97-284, with the City of Denton,
the Owner, dated the 23 day of September A D 1997, a copy of which is hereto attached and made
a part hereof, for BID # 2073 — COOPER CREEK DRAINAGE BASIN MANHOLE
REHABILITATION AND REPAIRS
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 ansing out of such suretyslup, as provided by Article 7 19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 23 day of September,1997
ATTEST
ATTEST
PRINCIPAL
lYlid S7`a�� Cif / �-�es ZG
BY ZZ "AG s
PRESIDE
SURETY
j�
AMERIC NATI AL FIRE INSURANCE CO.
BY A� "AhZwx-) BY
A ORNE -IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
processis
NAMEAn-)
STREET ADDRESS /�L�71 /a'►o �Y C�� C,U 1 D(G 7JD�lp
(NOTE Date of PerfoAnance Bond must be date of Contract IT Vesident Agent is not a
corporation, give a person' s name )
PERFORMANCE BOND - Page 2
mioN]() 96)
AM MCM NATIONAL. RRE INSURAME WIMPPWY
New York, New York
Administrative Office 580 WALNUT STREET • CINCINNATI OHIO 45202 •513 369-5000 a FAX 513-723.2740
The number of persons authorized by
this power of attorney is not more than No 0 16117
FIVE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That the AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation
organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or
persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety,
any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said
Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below
Name Address Limit of Power
CHAMPE FITZHUGH, JR. R.J. REYNOLDS ALL OF AL
PAT EBARB JEAN REYNOLDS %Aco, TEXAS UNLIMITED
JAMIE IRVIN
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above
IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and
attested by its appropriate officers and its corporate seal hereunto affixed this 28th day of October 1996
Attest AMERICAN NATIONAL FIRE INSURANCE COMPANY
n
Astit't utt Surd uy Pr<stdcnt
STATE OF OHIO, COUNTY OF HAMILTON — ss
On this 28th day of Oct:ob'rr, 1996 before me personally appeared GARY T DUNBAR, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of American National
Fire Insurance Company, the Company described in and which executed the above instrument, that he knows the seal, that it was so affixed by
authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority
MAUREEN DOUGHERTY
` Notary Pubic State of Ohki �J-
��> My Commisebn Expires Aug 12, 2001
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of American
National Fire Insurance Company by unanimous written consent dated July 27 1995
RESOLVED That the Division President, the several Division Vice Presidents and Assistant Vice Presidents orany one of them, be
and herebyis authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfof the Company as surety, anyand all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the
respective limns of their authority, and to revoke any such appointment at any time
RESOLVED FURTHER That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when soused bemgherebyadopted by
the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed
CERTIFICATION
I,RONALDC HAYES, Assistant Secretary of American National Fire Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect
Signed and sealed this 23rd
dr , o t4
't 11 n
r
S 1030M (8/95)
day of September 1997
iliwstmt Stcrttu,
CORD AG III°; ;� cATe LI;{�;+sUTY
DATE (MM/DD/YY)
INSURANC1;X2 09/30/97
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Fitzhugh & Cc Insurance Agency
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O Box 209
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
Waco TX 76703-0209
COMPANY
A Transcontinental Ins Cc
Ralph J Reynolds
PhoneNo 254-754-3553 FQXNo254-754- 8 2
INSURED
COMPANY
B Continental Casualty
COMPANY
C Transportation Ins Cc
Mid State Utilities, Inc
COMPANY
D
P 0 BOX 1160
Waco TX 76703
COVERAGES
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
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MM/DD/YY)
POLICY EXPIRATION
DATE(MM/DDIYY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
s2,000,000
X
PRODUCTS COMP/OPAGG
E2 000 000
A
COMMERCIAL GENERAL LIABILITY
C134919790
09/19/97
09/19/98
CLAIMS MADE OOCCUR
PERSONAL &ADV INJURY
It 1,000,000
EACH OCCURRENCE
$1 000 000
OWNERS&CONTRACTORS PROT
FIRE DAMAGE (Any one fire)
S 50,000
NED EXP(Any one Person)
S 5,000
B
AUTOMOBILE
LIABILITY
ANYAUTO
C134919787
09/19/97
09/19/98
COMBINED SINGLE LIMIT
$1,000,000
X
BODILY INJURY
(Per Person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
S
GARAGE LIABILITY
AUTOONLY EAACCIDENT
$
OTHER THAN AUTO ONLY
ANY AUTO
EACHACCIDENT
S
AGGREGATE
S
EXCESS LIABILITY
EACH OCCURRENCE
s3,000,000
AGGREGATE
$
B
X UMBRELLA FORM
C134919823
09/19/97
09/19/98
S
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
WCSTATUITS OTH
EL EACH ACCIDENT
$500 000
EMPLOYERS LIABILITY
EL DISEASE POLICY LIMIT
$500 000
C
THE PROPRIETOR/ INCL
PARTNERSIEXECUTIVE
OFFICERS ARE EXCL
WC1034905565
09/19/97
09/19/98
EL DISEASE EA EMPLOYEE
S5O0 1000
OTHER
A
Install/Builders R
C134919806
09/19/97
09/19/98
DESCRIPTION OF OPERATIONS/ OCATIONSNEHICLES/SPECIAL ITEMS
RE Cooper CreQk Drainage Basin Manhole Rehabilitation and Repairs City
of Denton its Officials Agents, Employees & Volunteers are named as
additional insureds on ail policies except Workers Compensation
CERTIFICATE HOLDER I
CANCELLATION
CITYD-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
City of Denton
ATTN Purchasing Dept
901B Texas Street
Denton TX 76201
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
Ralph J Reynolds
ACORO 24-5 (1/86) f
IDpCORC CORPORATION 1988
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
AAA00350
REVISED 10/12/94 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
• Liability policies shall be endorsed to provide the following.
•• Name as additional insured the City of Denton, Its Officials, Agents,
Employees and volunteers.
• • That such insurance is primary to any other Insurance available to the
additional Insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit is brought. The inclusion of more than one
Insured shall not operate to increase the insurer's limit of liability
• All policies shall be endorsed to provide thirty(3O) days prior written notice
of cancellation, non -renewal or reduction in coverage
• Should any of the required insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughoutthe
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered
• Should any of the required insurance be provided under a form of coverage
that Includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be included in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date If insurance is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
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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:
R A General Liability Insurance:
General Liability Insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the contractor The policy
shall be written on an occurrence basis either In a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
• Coverage A shall Include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage
• Coverage B shall include personal injury
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least
• Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability
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REVISED 10/12194 Cl - 3
Insurance Requirements
Page 4
]x] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability Insurance with
Combined Single Limits (CSL) of not less than $1,000,000.0oeither 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.
[K] 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 1406.096 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
AAAD0360
REVISED 10/12/94 CI - 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.
[ l 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
[ l Additional Insurance
Other Insurance may be required on an Individual basis for extra hazardous
contracts and specific service agreements. If such additional Insurance Is
required for a specific contract, that requirement will be described In the
"Specific Conditions" of the contract specifications
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REVISED 10112/94 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT 1
bd 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
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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 10112/94 CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom It
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification 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 mall 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 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
AAA00350
REVISED 10/12/04 Cl - 9
TOTAL BID PRICE IN WORDS
BID SUMMARY
ibFdusffN
,Ti loo bd LG1}Q/�
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
CONTRACTOR
Street Address
C ty and State
Sea
1�C AuthoriCori
zation
(If a Corporation)
Telephone
E1
BID # 2073
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
COOPER CREEK DRAINAGE BASIN MANHOLE REHABILITATION
AND REPAIRS
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or parties interested in this proposal
as principals are those named herein, that this proposal is made without collusion with any other
person, firm or corporation, that he has carefully examined the form of contract, Notice to
Bidders, specifications and the plans therein referred to, and has carefully examined the
locations, conditions, and classes of materials of the proposed work and agrees that he will
provide all the necessary labor, machinery, tools, apparatus, and other items incidental to
construction, and will do all the work and furnish all the materials called for in the contract and
specifications in the manner prescribed herein and according to the requirements of the City
as therein set forth
It is understood that the following quantities of work to be done at unit prices are approximate
only, and are intended principally to serve as a guide in evaluating bids
It is agreed that the quantities of work to be done at unit prices and material to be furnished may
be increased or diminished as may be considered necessary, in the opinion of the City, to
complete the work fully as planned and contemplated, and that all quantities of work whether
increased or decreased are to be performed at the unit prices set forth below except as provided
for in the specifications
It is further agreed that lump sum prices may be increased to cover additional work ordered by
the City, but not shown on the plans or required by the specifications, in accordance with the
provisions to the General Conditions Similarly, they may be decreased to cover deletion of
work so ordered
It is understood and agreed that the work is to be completed in full within the number of work
days shown on the bid tabulation sheet
Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner,
in the amount of five percent of the total bid
It is understood that the bid security accompanying this proposal shall be returned to the
bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within fifteen days after its
P-1
acceptance, in which case the bid security shall become the property of the Owner, and shall
be consi ered as a payment for damages due to delay and other inconveniences suffered by the
Ow�t account of such failure of the bidder Owner reserves the right to reject any and all
bids Owner may investigate the prior performance of bidder on other contracts, either public
or private, in evaluating bid proposals Should bidder alter, change, or qualify any specification
of the bid, Owner may automatically disqualify bidder
The undersigned hereby proposes and agrees to perform all work of whatever nature required,
in strict accordance with the plans and specifications, for the following sum or prices, to wit
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r -o