Loading...
HomeMy WebLinkAbout1997-285ORDINANCENO 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 CQNTRACTOR AMOUNT 2087 CULLUM PIPE SYSTEMS, INC M120D SECTION IT 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 ST~ CTTON 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 ,^Y day of 997 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2 JAC LLER, MAYOR DATE SEPTEMBER 23, 1997 reivroallielasil: 801RI TO Mayor and Members of the City Council FROM Kathy DuBose, Assistant City Manager of Finance SUBJECT BID # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT RF_('O_MMFiVDATION: We recommend this bid be awarded to the low bidder, Cullum Pipe Systems Inc, in the amount of $78,112 00 SUMMARY This bid is for all labor and materials necessary in the lining of approximately 1,112 feet of 6" and 8" pipe and seven manholes This project is located in the subdivision of Township II This wastewater main is located in the greenbelt area and is difficult for our crews to access This lining of the existing main will eliminate roots, stop ground water infiltration and help increase capacity of the line Three bid proposals were received in response to nine notices to bid mailed to contractors PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED, WaterAVastewater Utility, citizens in the Township II area FI CAL IMPACT: Budgeted surplus funds for 1997 Account # 625-082-0471-V719-9114 Attachment Tabulation Sheet Public Utility Minutes Recommending Approval Respectfully submitted 1 Kat Di e Assis t City Manager of Finance Prepared by i a��enise�ol� Title Senior Buyer Ap roved Name Tom D SFa—wX-FM— Title Purchasing Agent 932 AGENDA BID # - - — � 2087 Cullum Pipe Insituform BRH-Garver BID NAME TOWNSHIP II WASTEWATER Systems LINING PROJECT OPEN DATE 8-21-97 VENDOR --VENDOR QTY DESCRIPTION -- VENDOR TOTAL BID AWARD $78,112 00 $94,544 00 S115,6, 4 00 BOND? Yes Yes Yes 4 AGENDA ITEM 4, CONSIDER APPROVAL OF BID OPENING 2087 TO CULLUM PIPE SYSTEMS, INC. IN THE AMOUNT OF $78,112 00 FOR CONSTRUCTION OF TOWNSHIP II WASTEWATER LINING PROJECT Ms Jordan also recommended awarding a contract to Cullum Pipe Systems, Inc. in the amount of $78,112 for the Township H Wastewater lining project which consists of approximately 1,112 feet of 6" and 8" lining material and rehabilitation of 7 manholes Bids were received from Insituform Texark totaling $94,544.00, BRH-Garver, Inc totaling $115,634 00, and Cullum Pipe System totaling $78,112,000 Board Member Newell moved to accept the bid. Board Member Norton seconded the motion It passed unanimously STATE OF TEXAS COUNTY OF DENTON CONTRACT AGREEMENT S THIS AGREEMENT, made and entered into this � _ 23 day of SFPTEMSER A.D., 19 97 , by and between CITY OF DENTON of the County of TEXAS and State of Texas, acting through _ TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and CULLUM PIPE SYSTEMS, INC 2814 INDUSTRIAL LANE GARLAND, TX 75041 of the City of GARLAND , County of DALLAS and State of TEXAS , hereinafter termed "CONTRACTOR." WXTNESSETH: 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 # 2087 - TOWNSHIP II WASTEWATER LINING PROJECT in the amount of 978.11z_OD and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON WATER/WASTEWATER ENGINEERING 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: APPROVED AS TO FORM: City Attorney AAA0184D Rev. 04/05/96 CA - 3 CITY OF DENTON OWNER By�1/Qf I rQWAA O (SEAL) Q CULLUM PIPE SYSTEMS, INC CONTRACTOR Pik Box 550489 ba lla s TX 7.5355 MAILING ADDRESS 972-221-1030 PHONE NUMBER 97d- ;278-0980 FAX NUMBER /� �// BY erSC.L..�Y TITLE 6, nM A a.k. Cv Ll-vr PRINTED NAME (SEAL) THE STATE OF TEXAS COUNTY OF DENTON Bond # 5825633 KNOW ALL MEN BY THESE PRESENTS That CULLUM PIPE SYSTEMS, INC, whose address is 2814 INDUSTRIAL LANE, GARLAND, TX 75041, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF A149A%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 SEVENTY EIGHT THOUSAND ONE HUNDRED TWELVE NO/100--DOLLARS ($78,112.00) 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 connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-285 , 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 # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT 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 ansmg out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemods 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 W:$ mde ip- ,ATf-E$T- lL i%nco n PRINCIPAL CULLUM PIPE SYSTEMS, INC. BY A 1 C� PRES SURETY SAFECO INSURANCE COMPANY OF AMERICA BY EY-IN- CT T The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processes 1►"ulO David 0. Turner, Masson -Mahoney -Turner, Inc. 8610 Ring George Drive, Dallas, Texas 75235 STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person' s name ) PERFORMANCE BOND - Page 2 THE STATE OF TEXAS COUNTY OF DENTON Bond # 5825633 KNOW ALL MEN BY THESE PRESENTS That CULLUM PIPE SYSTEMS, INC., whose address is 2814 INDUSTRIAL LANE, GARLAND, TX 75041, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF Aporation 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 SEVENTY EIGHT THOUSAND ONE HUNDRED TWELVE and no/100--- ($78,112.00) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of winch 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 97-285, 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 # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT. 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 ansmg 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 PRINCIPAL CULLUM PIPE SYSTEMS, INC. i SECRETARY PRE91DENT ^".rF:FES 11 i� b SURETY SAFECO INSURANCE COMPANY OF AMERICA BY BY Y-I CT R L. The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis NAME David 0. Turner, Masson -Mahoney -Turner, Inc. STREET ADDRESS 8610 King George Drive, Dallas, Texas 75235 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person' s name ) PAYMENT BOND - Page 2 e POWER GENEINSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE WASHINGTON 9StS5 mkccp No 3318 KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation does each hereby appoint NYNii11YYNNDAVID 0 TURNER, HARRY J BROWNLEE, STEVEN W POND, STEVEN A GUCKENHEIMER, MICHAEL DWIGHT WILLIAMS, LINDA SPRATT, JEFFERY L TRENTHAM, Dallas, TeXae YYYN\YYNNYYNNNMY\NNYNYYMY MNYNY Its true and lawful attorneys) -in -fact with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of Its business, and to bind The respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents H A PIFR90N Si C M TAHY this 4th day of January 19 93 CERTIFICATE IIANI rlrl /NIIIS9ANI Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "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-rn-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documents of similar 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 company 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 and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out G) The provisions of Article V Section 13 of the By -Laws and 01) A Copy of the power -of -attorney appointment executed pursuant thereto and (III) Certifying that sold 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" I R. A Pierson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations 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, 1 have hereunto set try hand and affixed the facsimile seal Of said corporation this 23rd day of September 5-914/EP 1/93 CORPORATE SEA1, x i92� is 0f W uMea 97 19 _ n e I I H ()PI I r I AIH ® Register*C trademark of SAFECO Corporation N CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder falls to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the protect. 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 A"00350 REVISED 10/12194 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 10/12194 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: M 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. AAAG0350 REVISED 10/12/04 Cl - 3 Insurance Requirements Page 4 Ex] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000.00either 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 AAM0350 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 [ 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 [ l 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 [ l 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 AAA00360 REVISED 10/12194 CI - 5 Insurance Requirements Page 6 ATTACHMENT 1 (s) 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 entitles 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 AAAW360 REVISED 10/12/94 CI - 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. AAA00S60 REVISED 10112/04 Cl - 7 Insurance Requirements Page 8 1. The contractor shall contractually require each person with whom It contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom It contracts, and provide to the contractor - (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and AAA00360 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 10112/94 CI - 9 BID SUMMARY 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' BY 4A 2LI4 ,,s1r,�J a.,�7e, Street Address alLid Ti 7s641 City and State Seal & Authorization (If a Corporation) _ Telephone B - 1 BID N 2087 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF 0 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 qquantities of work to be done at unit prices and material to be f irmshed may be increased or dmumshed as may be considered necessary, in the opimon 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 P - I 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 acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on 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: P - 2 Township II Wastewater Limng Protect WORK DAYS 30 BID NO 2087 PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 121 Contractors Warranties and Understandings $ P $��SppO Unit Price in Words 7we4 `y rw&ud1 boiuv/j "W I &mis . 3 10 ;reparation of Right- f-Wa $ 161C *ILS Unit Price in Words o l 7Zt02c�d�A S A�e� 3 12 Temporary Erosion Control $ %LS $ ' Unit Price in Words 8 10 Barricade,Warmng Signs & Detours $ 4p409pl Unit Price in Words SP-39 I Project Signs 1 $ ` 113a I $ .cJ' Unit Price in Words AL6 Alld 4 WS-14 I Manhole Frame & Cover 7 $ Q/$W/Ea $ Unit Price in Words WS-16 Precast Concrete Manhole Grade Rm s 12 $ 3�J�i{+ /VF $ Q p0 Unit Price in Words zd WS-32/33 1 6" Sewer Lined 336 $ �bo-v /LF Unit Price in Words [ WS-32/33 8" Sewer Lmed 771 $ 4 coILF $ 72'' Unit Price in Words WS-32/33 I Service Connections 12 $ �?X /Ea $ ')466' Unit Price in Words WS-37 Manhole Lining 620 $ / VF $ C °° Unit Price in Words a TOTAL $ /LF 1 $ Z JQpO Total Price in Words Ra PRODUCER MAXSON •TE63 ONEY • TURNER. Ine- Bonds 8610 KING GEORGALLAS TEXAS 75235-2292 0.5959 MMT HARRY)BWWNLEE SINCE1915 INSURED CULLUM CONSTRUCTION CO., INC. CULLUM PIPE SYSTEMS, INC. P 0 BOX 550489 DALLAS, TEXAS 75355 ISSUE DA7L (MMIDDA'Y) 10/ 3/1997 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE OOMMPPfl Y A TRAVELERS LLOYDS OEOMMPRAY B TRAVELERS INDEMNITY OF CONN. LLEITEPR Y C TRAVELERS INDEMNITY COMPANY D LETTER COMPANY E LETTER f1m A F9 ) 4,004, fti"s4 r ..b ' a s ' .ri GL�i`•C` v - >'<.' 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY WXRATION LIMA DATE (MMNDNY) DATE(MMrDD/YY) A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNERS & CONTRACTOR'S PROT X PER PROJ AGG AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY B X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION C AND EMPLOYERS' LIABILITY OTHER GENERAL AGGREGATE S 2,000,00 DTOBNSI K6 79MC PRODUCTS -COMP/ AGO S 2,000,00 07/12/97 07/12/98 PERSONAL & ADv INJURY S 1,000,00 EACH OCCURRENCE $ 1,000, 00 FIRE DAMAGE (Any one fire) $ 100, 00 MED EXPENSE (Any one Penton) $ 5, 00 COMBINED SINGLE LIMIT S 1, 000,00 DLCAP96I K5549TLC 07/12/97 07/12/98 BODILY INJURY (Pet person) S BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE S 5,000,0 DSMCUP9S7K5SBOTCT 07/12/97 0 7 / 12 / 9 8 AGGREGATE $ 5,000,0 X STATUTORY LIMITS 07/12/97 07/12/98 EACH ACCIDENT $ 1,000,00 DISEASE POLICY LIMIT S 1,000,00 DISEASE EACH EMPLOYEE $ 1,000,00 DESCRIPTION OF OPERATIONWWAMONP/YEJiICLE MMLAL ITEMS RE: BID #2087 - TOWNSHIP II WASTEWATER LINING PROJECT CITY OF DENTON IS LISTED AS ADDITIONAL INSURED ON GL & AUTO. WAIVER OF SUBROGATION IS INCLUDED ON WC. OF DENTON E. MCKINNEY ON TX 76201 < r r' <I• r o' > � Y '3x't�'x8:' 8 �Y,xTXTAp,A�@ystavx•x E 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 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES Ille u I , ,