HomeMy WebLinkAbout1997-360ORDINANCE NO J� / ✓��
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR PHASE I LANDFILL
EXPANSION SLURRY WALL /DEWATERING SYSTEM TO TERRA CONSTRUCTORS, LTD
IN THE AMOUNT OF $468,973 00, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID #2138—LANDFILL
EXPANSION SLURRY WALL / DEWATERING CONTRACT)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMB$ CONTRACTOR AMOUNT
2138 TERRA CONSTRUCTORS, LTD $468,973 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
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 & 9 day of 1&4er,1997
1A501MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
LANDFILL EXPANSION SLURRYWALL / DEWATERING CONTRACT
BID DATE: 11-DEC.-97
TERRA CONSTRUCTORS $ 468,973 00
DENTON,TEXAS
GEO-CON, INC. $ 617,994 00
DENTON,TEXAS
INQUIP ASSOCIATES, INC. $ 547,400.00
McLEAN VIRGINIA
GRIFFIN DEWATERING CORP. $ 681,850 00
HOUSTON,TEXAS
EXHIBIT I
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON c
THIS AGREEMENT, made and entered into this 16 day of
DECEMBER A.D., 1997 , by and between
THE CITY OF DENTON
Of the County Of DENTON and State of Texas, acting
through TEn RF.NAVSDER
thersunto duly authorized so to do, hereinafter termed "OWNER," and
TERRA CONRTRT (`TORO - T TD
3401 EAST UNIVERSITY SUITE 301
DENTON. TX 76208
of the City of _ nRNTnN , County Of DF.NT(1N
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 # 2138 - DENTON LANDFILL EXPANSION SLURRY 44ALL/DEWATERING CO
in the amount of 9468.97a_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, superintepdence, 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,
'�i�1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
HDR_ENGINEE$ING,INC.
all of which are made a part heraof 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 employes of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave bansfits, 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 wham 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.
c
�l
M Of �i_
APPROVED AS TO FORM:
G
City Attornay
AAA0184D
R&v. 04/05/96
CA - 3
CITY OF DENTON
OWNER
(SEAL)
TERRA CONSTRUCTORS, LTD
CONTRACTOR
3 401 Las-i Umversj
Sul+e 3oI
Nyibn,TX -7(o�og,
MAILING ADDRESS
P40 ,3q a- obci 9
PHONE NUMBER
- 033
BY -4 .' RP("( �
George, o I I. na � �res;�►errf
PRINTS NAME
(SEAL)
BOND NO U2792881
17 a�I�l�Ylle�/ la
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That TERRA CONSTRUCTORS, LTD,
whose address is 3401 EAST UNIVERSITY, DENTON, TX 76208, hereinafter called Principal,
anpited Pacific Insurance Companya corporation organized and existing under the laws of
the State oNUEW, an 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 finmsh materials for, or perform labor upon, the building or improvements hereinafter
referred to, in the penal sum of FOUR HUNDRED SIXTY EIGHT THOUSAND NINE
HUNDRED SEVENTY THREE and no/100-- ($468,973.00) 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 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 97-360, with the City of Denton,
the Owner, dated the 16 day of DECEMBER, A D 1997, a copy of which is hereto attached and
made a part hereof, for BID # 2138 — DENTON LANDFILL EXPANSION SLURRY
WALL/DEWATERING CONTRACT.
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 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 16 day of DECEMBER, 1997
ATTEST
PRINCIPAL
TERRA CONSTRUCTORS, LTD
rC /V`
BY C�7-� BY `
SECRETARY PRESIDENT
ATTEST
SURETY
UNITED
BY BY
.�
T RNEY-IN-FACT- Joe Bruce
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
processes
NAME Billy Joe Bruce c/o Alexander & Alexander of Texas. Inc.
STREET ADDRESS 2711 N. Haskell Avenue, Suite 800, Lock Box 118, Dallas, TX 75204
(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
BOND NO U2792881
yJ0 7 mLia"\layer 16)��
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That TERRA CONSTRUCTORS, LTD,
whose address is 3401 EAST UNJLVERSITY, DENTON, TX 76208, hereinafter called Principal,
�Jnited Pacific Insurance ompany
an _ , a corporation organized and existing under the laws of
the State of'Fsk'iYAS, 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
FOUR HUNDRED SIXTY EIGHT THOUSAND NINE HUNDRED SEVENTY THREE and
no/100 ($468,973 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 winch 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 97-360, with the City of Denton,
the Owner, dated the 16 day of DECEMBER A D 1997, a copy of winch is hereto attached and
made a part hereof, for BID # 2138 — DENTON LANDFILL EXPANSION SLURRY
WALL/DEWATERING CONTRACT.
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 winch 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 719-1
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 16 day of DECEMBER,1997.
ATTEST PRINCIPAL
BY TBEYRA CO TRUC RLTD
L 4 1 lr:!�
SECRETARY PRESID T
ATTEST SURETY
UNITED ?"IC INSiCE COMPANY
BY
Joe Bruce
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
processis
NAME Billy Joe Bruce c/o Alexander & Alexander of Texas, Inc
STREET ADDRESS 2711 N Haskell Avenue, Suite 800, Lock Box 118, Dallas, TX 75204
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a nerson's name )
PERFORMANCE BOND - Page 2
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY TH BE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of 001
PPPPPP
aware and that RELIAN E INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth oPennsNvarea and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wlsoonan �Iherem oolleouvsly called 'the Companies") and that the Companies by wtue of signature and seek do hereby make,
ute
constitute and appoint Jce &uCo. Janice O Cotay, Kathleen Day. of Dallas Taxas their tiro end lawful A suretyship
in tot, to make, meexeanie
said and deliver for and on their behalf, and as their act and deed any end all bonds and undertakings of swatyship ed to bind the Companies
thereby as fully and to jhe same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an
Executive Officer of the Companies and sealed and attested by one other of such officers and hereby ratifies and confirms aU that thou sad
Attorney(s) in -Fact may as in pursuance hereof
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
prowaons are now in full force ad effect, reading as follows
ARTICLE wl @ECUTON OF BONDS AND UNDERTAKINGS
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IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seeis to be hereto affixed this June 9
1997
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
e°,a,Poae. y"t tete,'k w��y yr IwP UNITED PACIFIC INSURANCE COMPANY
BiAI. • SEAL `� �'P`PieaP� RELIANCE NATIONAL INDEMNITY COMPANY
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No
ohAwP �wdn..✓, �nadr` �z+:eoaPd G �.L �GUY(iv�—
STATE OF Pennsylvarga
COUNTY OF Philadelphia as
On this, June 9 1997, before me, Tammy Sum Keyed. personally appeared David T Akan, who acknowledged himself to be the Senior Vice
President of the Reliaance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Ronan need National Ind
again the nine of pa coand that as rporation by himself so its authorized
horiuly ed to do so, officer
executed the foregoing instrument for the purpose therein
In witness whereof, I hereunto set my had and official seal
a 1^
NOTARIAL SEAL
TAMMY SUE KAYATI, Nlxary Public ,
City of Philadelphia. Phila. County 1 + Notary Public i d for the State o ennsvivants
My Commission Empires July 20 1998 Reeding at Philadelphia
1, Anita PACIFI
PNATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY lad correct Ocopy of ttheCPowerNofAAttarney
NY and
RELIANCE
executed by said Companies, which is still in full force and affect
IN WITNESS WHEREOF, I have hereunto eat my had and affixed the seal$ of said Companies thia161:lbay of December tg 97
n
awe `°°r"•Nin �w tPePe Secretary j
F °r A ♦eOIIP
.f Snms e
,� SW+ • ga SL11 � 1� drjes
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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 falls to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
Indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any Insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the
State of Texas with an A.M. Best Company rating of at least 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
MAN3110
ravozw tonal" CI - 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 Officals, 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 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 eviddhce 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.
AAAM350
WISH) +0n2l" CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained In satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
(X) A. General Liability Insurance:
General Usbillty Insurance with combined single limits of not less than
1111 million (81.000.o001 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 Uability 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 Uability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, It shall include at least:
• Bodily Injury and Property Damage Uability 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.
AAAMeo
REV=10MM4 Cl - 3
Insurance Requirements
Page 4
IXj 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:
e any auto, or
0 all owned, hired and non -owned autos.
IX] 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 $600,000 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).
[ ] 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
AAA M
eevnEo ionaM Cl - 4
Insurance Requirements
Page 5
contractor's operations under this contract. Coverage shall be an an
"occurrence" basis, and the policy shall be issued by the some 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.
[ 1 Fire Damage Legal LiabMty Insurance
Coverage is required if Broad form General Uability 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.
[ 1 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.
[ 1 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
[ 1 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.
AAA00050
neVMW IM21" 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.
S. 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.
Nuoo380
WOOD 10111ya4 Cl - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmentai
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 and 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 an 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.
P. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, In the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AA $so
awU0 lon"4 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;
(8) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(8) notify the govemmerital 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
AAAMBo
Havre® +on2m 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.
AAAMSo
FWVM 1011=4 Ci - 9
BID #2138
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
DENTON LANDFILL EXPANSION SLURRY WALL/DEWATERING
CONTRACT
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 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
P-1
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.
BIDDER Accepts
BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for 35 days after the day of Bid opening
BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds
and other documents required by the Bidding Requirements within 15 days after the date of
OWNER's Notice of Award
BIDDER's Representations
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that
a BIDDER has examined and carefully studied the Bidding Documents and the following Addenda
receipt of all which is hereby acknowledged: (List Addenda by Number and Date)
ADDENDA NO DATE
b BIDDER has visited the site and become familiar with and is satisfied as to the general, local and
site conditions that may affect cost, progress, performance and furnishing of the Work
c BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations
that may affect cost, progress, performance and furnishing of the Work.
BIDDER acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Bidding Documents
with respect to existing Underground Facilities at or contiguous to the site
d. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all
such additional or supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to
the site or otherwise which may affect cost progress, performance or furnishing of the Work or
P-2
which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction to be employed by BIDDER and safety precautions and programs incident thereto.
BIDDER does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the determination of this Bid for performance and furnishing of
the Work in accordance with the times, price and other terms and conditions of the Contract
Documents.
e BIDDER is aware of the general nature of Work to be performed by OWNER and others at the
site that relates to Work for which this Bid Is submitted as indicated in the Contract Documents.
f BIDDER has correlated the information known to BIDDER, information and observations
obtained from visits to the site, reports and drawings Identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies and data with the Contract
Documents.
g BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies
In the Contract Documents and the written resolution thereof by ENGINEER is acceptable to
BIDDER, and the Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the Work for which this
Bid is submitted.
Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract
Documents and/or other related documents, and where said conflicts, etc., have not been resolved
through the interpretations or clarifications by ENGINEER as described in the instructions to
Bidders, because of insufficient time or otherwise, BIDDER has included in the Bid the greater
quantity or better quality of Work, or compliance with the more stringent requirement resulting
in a greater cost
h This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group,
association, organization or corporation, BIDDER has not directly or indirectly induced or
solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced
any person, firm or corporation to refrain from bidding, and BIDDER has not sought bN
collusion to obtain for itself any advantage over any other BIDDER or over OWNER.
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-3
•' I' mil► �� ��
BIDNO Al•
PO NO
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICaE
1Mobilization
1
LS
$ LS.3'1
Unit Pnce in Words
2 Slurry Wall, complete
94,000 SF
$ 1. F
Jrn
Unit Price in Words
2
3 Dewatering Trench,
comp lete
5050 LF $37.70/ LF $
40
Unit Price in Words
2f1
4
Well,
2
EA
$ / EA $
D 13 00 0 D
;Dewatering
e in Words
5 ion Well,
1 EA
$ /EA
$
-:�17+DVL
Unit Price in Words
S O Gh
6 Project Signs, complete
2
EA
$ / EA $
Unit Price in Words
S; d ar
TERRA CONSTRUCTORS
$401 EAST UNIVERSITY
SU ITE 301 P-4
DENTON, TX 76208
Len-{s
I' 1DIRRlUQ/ `WA
TOTAL BID PRICE IN
R'41S
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.
34o1 Easfl)niars►-Iy,Sle?SDI
Street Address
'ryr-bn "T)C 1(PaoQ,
City and State
Seal & Authorization 1 Asa ` oBq
(If a Corporation) �� L
Telephone
B - 1
JAI) 06 '98 12 04 FR A W A OF TEXAS 214 969 2531 TO 89403820337 P 02/03
A LCORD CERTIFICATE OF -INSURANCE can KEUE DAT
Ol/05/05//98
PRODUCER
THIS CERTIFICATE LS ISSUED AS A MATTER OF INFORMATION ONLY AND
ALEXANDER A ALEXANDER
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE
Of TEXAS, INC
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
2711 N Haskell Ave LB 8
POLICIES BELOW
DALLAS TX
75204
COMPANIES AFFORDING COVERAGE
PauL M KreilinB, Jr
214-989-0000
LOM'R Y
I.RTTER A TIG INSURANCE COMPANY
OMPAN
LETTER $ TIG Premier insurance Company
INSUREDY
TERRA CONSTRUCTORS, LTD
COMPANY C (GL/WC/LIMB/AUTO)
II)M'SR
3401 E UNIVERSITY #101
DENTON, TX
COMPANY D
LITTER
COMPANY E
LETTER
COVERAGES
THIS ISM CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQVUt MENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ISSUED
CERTIFICATEMAYS ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS
EXCLUSIONS AND C OF SUCH POLICIES UNITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS
co TYPBOFIPwvv*NCN POLICY"MARK
MUCYBITECTIVE POLICYEIT
RtIRATION UMR
DATS(MM/DO/TY) IMTIIMM/DOIrYI
CSNaRALLIABILTrY
GENERAL AGGREGATE S 2,000,000
A X COMMSRCIALGENBRALLMBILITY OL373529M
04/23/97 04/23/98 PRODUCTS Comm Am 1 2,000,000
CLAIMSMAOG X OCCUR
FSRONAL&AOV INJURY S 1,000,C00
OWNER S a CONTRACTOR S PROT
EACH OCCURRENCE S 1,000,000
X $1000 PO DID-� PER
ORE DAMAGE (Am, ow Gm) S $0,000
OCCURRENCE
Men exreNsa (ApoM lialml f 5,000
AUTOMOBILE LIABILITY
COMBINED ANGLE
A X ANY AUTO CA31SM29
04/23/97 04/23/98 LIMIT s 1,0011,000
ALLOWNED AUTOS
BODILY INJURY
SCHSOULSO AUT(U
(I.. �P S
X MIREDAUrOS
RODILY INJURY
X NONOWNBDAUTOR
flW.wGew) S
CARACe LIARI(JTY
rROPERTY DAMAGE S
"CUSS I IAaILITY
CACH OCCURRENCE S 2,000,000
A X UMRRHU.A FORM X1.29752604
04/23/97 04/23/98 AGORROATF f 2,000,000
OTHER THAN VMS SUA FORM
B WORKER'S COMPaNSATION 80068079
04/23/97 04/23/98 X 57AMORY LIMITS
AND
SACHACCIDENT S 500 000
RMPLOVERS LIABILITY
DHEASE—POLICY LIMIT S 500,000
DEBASE —EACH EMROYEE 1 500,000
OTHER
Or OPERATIONSILOCATIONSMEIOCLLSWECIALITEMS
TEF��ION
ADDITIONAL INSURED/WRIVER OF SUBROGATION APPLIES WHEN REQUIRED BY WRITTEN
CONTRACT
BID N 2138 DENTON 41041FILL EXPANSION SLURRY WALL/DEWATERING CONTRACT
SEE ATTACHMENT
(DENT)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF 044TON
MAIL SO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATTN TOM NAWI
PURCNASINSING DEPARTMENT EP
LEFT BUT FAILURE TO MAIL SUCH NOTICE SIIALL IMPOSE NO OBLIGATION OR
901-A TEXAS STREET
LIABILITY OF ANY KIND UPON TIIC COMPANY ITS AGENTS OR REPRESENTATIVES
DENTON TX 76201
AVTNURIZSD BNTATIYE
r'
4'CORD
Paul M Krp.,dg
ACORD 28 S (7190)
CORPOEA7TON 1990
JAN 06 '98 12 04 FR A G A OF TEXAS 214 989 2531 TO 89403620334 P 03 03
CERTIFICATE OF INSURANCE
(Continued)
Insured Terra Constructors, Ltd
RE: Bid # 2138 - Denton Landfill Expansion Slurry Wall/Dewatering
Contract
Additional Insured/Waiver of Subrogation:
City of Denton, Its Officials,
Agents, Employees and volunteers
Attn: Tom Shaw, Purchasing Department
901-A Texas Street
Denton, TX 76201
Other Endorsements applicable:
Primary/Noncontributory Endorsement
30 Days Notice of Cancellation or Material Change Endorsement
dent
** TOTAL PAGE 03 01