HomeMy WebLinkAbout1994-007ORDINANCE NO. " � OU
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF EXPENDITUSOF FUNDS THEREFOR; AND PROVFOR PUBLIC WORKS OR IDING NG FOR AN EFFECTIVE DATEVEMENTS; PROVIDING FOR •
RE
WHEREAS, the City has solicited, received and tabulated com-
petitive 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 receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements 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 con-
struction of public works or improvlanstand�emensaspecif cat onsdescribed inthe on file
Invitations", "Bid Proposals" or p
in the Office of the City's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as be-
ing the lowest responsible bids:
BICONTRACTOR AMOUNT
D_ NCR '�—
1570
THOMCO CONSTRUCTION $ 98,675.00
SECTION 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,
the Notice
until such
person shall comply with all requirements specified
to Bidders including the timely bonds, after notification contract and
furnishing of performance and payment
of
the award of the bid.
SECTI� _• That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvementstin accordance
such with
the bids accepted and approved herein, provided are made in accordance with the Notice to Bidderhenaerms,Pcon_
di-
als, and documents relating thereto specifying
tions, plans and specifications, standards, quantities and speci-
fied 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 here-
by authorizes the expenditure of funds
in and authorized manner and ized contracts
in the
amount as specified in such approved
executed pursuant thereto.
SECTION V. That this ordinance
hall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the j&day of
1994.
BOB CASTLEBERRY, MAY R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
4v-
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
DATE: JANUARY 18, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1570 - JAMES STREET BOX CULVERTS AND DRAINAGE
RECOMMENDATION:
mo sOe recommend this Mansfield, s be awarded to the lowest bidder,
ThocCntructon Coof Teain the amount of $98,67500,
SUMMARY: This bid is for the construction of approximately 265' of 9' x 5' concrete
box culverts and associated drainage improvements. The project site is on James
Street north of Mission Street.
The bid offered by Thomco Construction is approximately $21,000.00 under project
estimates.
BACK_ Tabulation Sheet, Memorandum from David Salmon, Senior Civil
Engineer dated 1-3-94.
___.� ...., ..o cnnrrvR AFFECTED: Engineering Department,
FISCAL IMPACT: Funds for this project are available in 1986 Drainage Bond Funds,
Account Number 446-020-DRAN-9205-9108.
espectfull, s bmitted,
L oyd V . arre
City Manager
Approved:
�zz:Z:2` :DQ�
Name: Tom D.Shaw,C.P.M.
Title: Purchasing Agent
446.aganda
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CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 18 day of
JANUARY A.D., 1994 , by and between
THE CITY OF DENTON
of the County of
through LLOYD V. HARRELL
and State of Texas, acting
thereunto duly authorized so to do, hereinafter termed "OWNER," and
THOMCO CONSTRUCTION INC. POST OFFICE BOX 735, MANSFIELD, TEXAS 76063
of the City of MANSFIELD County of TARRANT
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 bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1570 - JAMES STREET BOX CULVERTS in the amount of $98,675.00
and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or
their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete
the work specified above, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance
with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids),
Instructions to Bidders, and the Performance and Payment Bonds, all
attached hereto, and in accordance with the plans, which includes
CA - 1
all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications
therefore, as prepared by DEPARTMENT OF ENGINEERING AND
TRANSPORTATION ,
all of which are made a part hereof and collectively evidence and
constitute the entire contract. '
Independent Status
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.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
/ '
ATTEST:
AAA0184D
(SEAL)
THOMCO CONSTRUCTION INC.
CONTRACTOR
�Q
gy� 9.
Title v i, E. T6461-�S ►'f2£ S,
(SEAL)
CA - 3
PERFORMANCE BOND BOND NO. 89030773
STATE OF TEXAS §
COUNTY OF DENTTON §
KNOW ALL MEN BY THESE PRESENTS: That THONCO CONSTRUCTION
INC. , of the City of MANSFIELD
County of TARRANT , and State of TEXAS
as PRINCIPAL, and VIGILANT INSURANCE COMPANY
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of NTNRTY F.TSRm TRnns sTX ADNnRan
SEVENTY FIVE and no/100-- Dollars ($ 981675.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 18 day of JANUARY ,
19 94 , for the construction of BID # 1579 - JAMES STREET BOX CULVERT
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Act of May 22, 1993, 73rd Leg., R.S., ch. 268,
§1, 1993 Tex. Sess. Law Serv. 587, 851 (Vernon) (to be codified as
Tex. Gov't Code, ch. 2253) (formerly, Tex. Rev. Civ. Stat. Ann.
art. 5160), and all liabilities on.this bond shall be determined in
accordance with said provisions to the same extent as if they were
copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 28th day of January
1994 .
THOMCO CONSTRUCTION, INC.
Principal
By �. \l%kf- It G-o
Title \N-ES..7-HONAA5 I
Address: P.O. Box 735
Mansfield, Texas 76063
(SEAL)
VIGILANT INSURANCE COMPANY
Surety
Arta- 2 k
Tamara E. Shackelford
Title Attorney -in -Fact
Address: 15 Mountain View Road
Warren, NJ 07061
(SEAL)
The name and address of the Resident Agent of Surety is:
THE SWEENEY COMPANY
1121 E. Loop 820 South; Fort Worth, Texas 76112
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
PB - 2
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
PAYMENT BOND BOND NO. 89030773
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That THOMCO CONSTRUCTION
INC. of the City of MANSFIELD
County of TARRANT , and the State of TEXAS ,
as principal, and VIGILANT INSURANCE COMPANY
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITY OF DENTON , OWNER, in the penal sum of
and no/100-------
NINETY EIGHT THOUSAND SIX HUNDRED SEVENTY FIVE Dollars ($ 98,675.00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 18 day of JANUARY
19 94 .
BID # 1570 - JAMES STREET BOX CULVERT
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Act of May 22, 1993, 73rd Leg., R.S.,
ch. 268, §1, 1993 Tex. Sess. Law Serv. 587, 851 (Vernon) (to be
codified as Tex. Gov't Code, ch. 2253) (formerly, Tex. Rev. Civ.
Stat. Ann. art. 5160), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
Wj�l
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 28th day of January
1994
THOMCO CONSTRUCTION, INC.
1 Principal
By W, 2. &VVK &,
Title W. .Tl Fe MA�� / ?0-a S.
Address: P.O. Box 735
Mansfield, Texas 76063
(SEAL)
VIGILANT INSURANCE COMPANY
D Surety
Tamara E. ShacKeirora
Title Attorney -in -Fact
Address: 15 Mountain View Road
Warren, NJ 07061
(SEAL)
The name and address of the Resident Agent of Surety is:
THE SWEENEY COMPANY
1121 E. Loop 820 South; Fort Worth, Texas 76112
AAA0184D
PB - 4
MAINTENANCE BOND BOND NO. 89030773
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That THOMCO CONSTRUCTION
INC. as Principal, and VIGILANT INSURANCE COMPANY
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of NINE THOUSAND EIGHT HUNDRED SIXTY SEVEN and 50/100---
Dollars ($ 9.867.so ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said THOMCO CONSTRUCTION INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1570 - JAMS STREET BOX CULVERT
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
Ll—
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said Thomco Construction, Inc.
as Contractor and Principal, has caused these presents to be
executed by
and the said Vigilant Insurance Company
as surety, has caused these presents to be executed by its
Attorney -in -Fact Tamara E. Shackelford
and the said Attorney -in -Fact has hereunto set his hand this 28th
day of January , 19 94
SURETY:
VIGILANT INSURANCCCE COMPANY
BY: Vll
Tamara-E. Shackelford
Attorney -in -Fact
AAA0184D
MB - 2
PRINCIPAL:
CtTH1OM CON TRUCTION, INC.
�/ fLvL.
\N• el-r4ot�IAS J PQ�S.
POWER OF ATTORNEY
Know all Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New York Corpora
tion, has constituted and appointed, and does hereby constitute and appoint Charles D. Sweeney, D. W. Sweeney, Bobby E. May
and Tamara E. Shackelford of Fort Worth, Texas ------------------------------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as
surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained percentages and/or
final estimates.
In Witness Whereof, the said VIGILANT INSURANCE COMPANY has, puseuml to its By -Laws, caused these presents to be signed by its Vice -President and Assistant Secretary and its corporate seal to be
hereto affixed this 26th day of July, 19 93
Corporate Seal
Assistant Secretary
STATE OF NEW JERSEY 1 SS.
County of Somerset I
VIGILANT INSU NCE COMP d1Y
By
George McClellan
Vice -President
On this 2 6 th day of July, IS 93 , before me Personally came Richard D. O'Connor tome known and by me known to be Assistant Secretary of the VIGILANT IN.
SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard 0. O'Connor being by me duly eworn, did deposit and say that he is Assistant Secretary
of the VIGILANT INSURANCE COMPANY and knows the corporate seal Ihersol; Nat the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws
of said Company, and that he signed said Power of Attorney ae Assistant Secretary of said Company by like authority; and that he is acquainted with George McClellan and knows him to be the VicaPresident
Of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said
By -Laws and in deponent's presence.
Notarial Seal
f
ElAcknowledged and Sworn to before me
6 ton the/date abARY c/�l 1BLIC J 7AidET A. ECAY�.8 Notary Public
CERTIFICATION A Ncrary PR -Slid, Sure of New Jmtry
x,nf, ?! ) No. 2A5512t1
STAT OF NEW JERSEY )) as C�lcoisdea ExPL•� October 2. 1994
County of Somerset
I. the undersigned. Assistant Secretary of me VIGILANT INSURANCE COMPANY, do hereby cavity that the following Is a true excerpt from the B,,Laws of the said Company a adopted by its Board of Directors
on June 13, 1971 and most recently amended March 3, 1986 and that this By -Law is in lull force and effect.
"ARTICLE XV
Section 2. All bonds, undertakings, contracts and other instruments other than a above for and on behalf of the Company which it is authorized by law or Its charter to execute, may and shall be executed
in the name and on behalf of the Company either by the Chairman or the Vica-0haivnan or the President or a Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective
designations, except that any one or more officers or attomeysirWact designated In any resolution of the Board of Directors or IN Executive Committee, or in any Power of attorney executed as provided
for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or Power of attomey.
Section 3. All powers of anorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman at the Vtce-Chanmm arthe President or a Vice -
President at an VkaPresident. ioindy with the Secretory or an Assistant Secretary. under Their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each
Of the following officers: Chairman, Vice Chairman, President, any Vice President, any Vice President. any Secretary, any Assistant Secretary and me seal of the company may be affixed by facsimile to any power
of attorney or to any certificate relating thereto appointing Assistant Secretaries or Anorneysin-Fact for purposes only of executing and arresting bonds and unchmakina and other writings obligatory in the nature
thereol, and any such power of attorney or certificate bearing such Iaceimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and carried by suC facsimile
signature and lecsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking To which it is attached."
I further certifylhat said VIGILANT INSURANCE COMPANY Is duly licensed to transact reality and surety business in the State of U.S.A.
to become sole surety an bonds, undertakings, etc. permitted or required by the laws of the United States.
And I further cenity that the foregoing Power of Attorney is now In full tome and effect.
Given under my hand and The met of said Company at Warren, N.J.,
Corporate Seal
?)CONSENT
. and Is also duly licensed
PRINTED
VIE
i
i AI:I/IZU. CERTIFICATE OF INSURANCE
--
ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
II:::'i' CCii'li=YtNY
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
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LETTER D
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO,
LTR' TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVEPOLICY E%PIRATIONr—__----_��—_�_—_—-_--_
I DATE (MM/DD/YV) i DATE (MM/DD/YY) LIMITS
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$
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CLAIMS MADEC OCCUR.,
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CERTIFICATE HOLDER _ _ _. _.
CANCELLATION TO 10 DAY NOC FOR NONPAYMENT OF PREMIUM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRAT{QN DATE THEREOF, THE ISSUING COMPANY WILL ENOEAl[=XDO
MAIL _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
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ACORD 25-S 7190
CACO D CORPORATION 1990
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
endorse-ments as prescribed and provided herein. If an apparent low bidder fails to
comply strictly with the insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in
the State of Texas with an A.M. Best Company rating of at least A
• Any deductibles or self -insured retentions shall be declared in the bid
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self -insured retentions with respect to the City, its
CZ - 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 ciaims-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 obtsin Owners and Contractors Protective Liability insu.ance.
• 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.
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 Liability insurance with combined single limits of not less than _
si,000,000 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
• Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverages.
• 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.
CI - 3
Insurance Requirements
Page 4
[x] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000 either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
• any auto, or
• all owned, hired and non -owned autos.
[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.
[ ] 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
"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.
CI-4
Insurance Requirements
Page 5
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement.
[ ] 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.
[ ] 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.
ci-5
James Street Box Culvert
WORK DAYS 35
BID NO. 11;70
PO NO.
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
I UNIT
UNIT PRICE
TOTAL
SP-42
Remove 10' x 3' Concrete
1
EA
$ i R / A
$
O
Box Culvert
6
6
SP-44
Remove Existing Concrete
2
EA
$ 1,Z50'�'/EA
$ 2,500°"
Headwalls Wingwalls/A ron
8.11
GF-88 Guard Rail
270
LF
$ Zo /LF
$ S/q OC'T
3.3
Unclassified Excavation
460
CY
$ ��L /CY
$
i b
8.15-B
Dry Rip Rap Type C
52
CY
$ 52m /CY
$ 2,7047*
5.7-A
4 1/2" Asphalt Pavement
160
SY
$ IC�� /SY
$ 2,4 -
(Type A
5.7-B
1 1/2" Asphalt Pavement
379
SY
$ 5aO /By
$ IIi�CISGe
(T a D)
5.7-C
2" Asphalt Pavement
2
TON
$ ti /TN
$ Is o m
Type D Patch
8.15-A
Concrete Rip Rap
98
SY
$ 4.47*/SY
$ 4 31Z
2.12
6" PVC Sanitary Sewer
60
LF
$ 21; /LF
$ jS JE)ac
7.6.A-1
4' Sanitary Sewer Manhole
1
EA
$ I b0697EA
�
$ IOOb'"
7.4.5
Class A Concrete
36
CY
$ /CY
$ CI,C)�s�!
SP-3
Reinforcing Steel
2,795
lb
$ ,4D /lb
$ Ilia
2.11
2" x 2" x 1/4" Angle Iron
170
LF
$ IQ� /LF
$ I j00�
2.12.3
91x 5' Concrete Box
264
LF
$ I(�C(eO/LF
$4461b77
Culvert
7.6 A-2
Rebuild Manhole
1
EA
coo
$ 500,- /EA
m
$ Sip
3.7
Compacted Fill
18
CY
$ Z /CY
$
SP-37
Excavation Protection
44
LF
$ I� /LF
$ 44O'
'a'
3.10.7
Hydromulch
1,200
SY
$ ,SO /By
$
SP-4
Lower Waterline
1
EA
$ 22Sd /EA
$ 22So
1.21
Contractors' Warranties
-
LS
$ 31Z *o/LS
$ 312 SOR
and Understandings
3.1
Preparation of Right -of-
-
LS
$ 110 /LS
$Way
uj,;-r
P - 3
James Street Box Culvert
WORK DAYS 35
BID NO. 1570
PO NO.
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
8.1
Barricades, Warning Signs
and Detours
-
LS
$ `6'� S00/LS
$ 4 Soe
3.12
Temporary Erosion Control
-
LS
$ lob/LS
$ OpOe
2
SP-39
Project Sign
1
EA
$��Qo/EA
$
SP-10
Rock Excavation
20
CY
$ ZD /CY
$ 4 Op p
Materials and Labor
Incorporated Into Project
$
$ 3b,6-1 S
Other
$
$ 0,, D 00
TOTAL
$ 9b,61S,
*3.10.3
Seeding
1,200
SY
$ ,7A /SY
$ ca
item a.iu.a, oeeaing may De auDsututea xor item d.1u.7, Hydromulch at the discretion
of the engineer.
P — 4
BID SUMMARY
TOTAL BID PRICE IN WORDS 7'4oLSAtiSD
SIX +-0KDRir17 5F\4EQTY FNE 70L.L.ARc_,
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.
THOMCO CONSTRUCTION INC.
CO 7TRAC7R
<- BY�
W.E. THOMAS, PRESIDENT
8320 RENDON BLUDWORTH RD.
POST OFFICE BOX 735
Street Address
MANSFIELD, TEXAS 76063
City and State
Seal & Authorization
(If a Corporation) 817-477-3020
Telephone
B - 1
VIGILANT INSURANCE COMPANY
15 Mountain View Road, P. 0. Box 1615
IE Warren, New Jersey 07061-1615
co-avee
KNOW ALL MEN BY THESE PRESENTS that
THOMCO CONSTRUCTION, INC.
BID BOND
(AIA A310)
as Principal,
and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound
unto
CITY OF DENTON, TEXAS
as Obligee, in the sum of
-------Five Percent of Bid (5%)----------- Dollars
($------------------), for the payment of which sum, well and truly to be made, the Principal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS the Principal has submitted a bid for James Street Box Culvert.
NOW, THEREFORE, ff the Obligee shall accept the bid of the Principal and the Principal shall enter Into a
Contract with the Obligee in accordance with the terns of such bid, and give such bond or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and
such larger amount for which the Obligee may in good faith contract with another party to perform the Work
covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed, sealed and dated December 14, 1993
THOMCO CONSTRUCTION, INC.
by. 2 Go
W.E.7bFoMas IrlF-
VIGILANT INSURANCE COMPANY
by 1 F. �)7 ^
Tamara E. Shackelfor Attorney in Fact
Form 1"2.0332 (Ed. 1-93)
POWER OF ATTORNEY
Know all Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New York Corpo
tion, has constituted and appointed, and does hereby constitute and appoint Charles D. Sweeney, D. W. Sweeney, Bobby E. Me
and Tamara E. Shackelford of Fort Worth, Texas -----------------------------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and an its behalf a
surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained percentages and/c
final estimates.
In Witness Wharaof, me said VIGILANT INSURANCE COMPANY has, pursuant to its Sy -taws, caused these presents to be mgnell by Its vx:e President and Assistant Secretary and its corporate seal to b
hereto affixed this 26th ay of July, Is 93
Corporate Seal
VIGILANT INSU NCE COMP Y
By
George McClellan
VlcnPreatdent
Assistant Secretary
STATE OF NEW JERSEY a5
County of Somerset
On that 26 th day of July, 19 93 , before me personally came Richard D. O'Connor tome known and by me known to be Assistant Secretary of the VIGILANT IN.
SURANCE COMPANY, the corporation descnbad in and which executed the foregoing Power of Anomey, and the said Richard 0. O'Connor being by me duly swam, did depose and say that he is Assistant Secretary
of the VIGILANT INSURANCE COMPANY and knows the corporate seal Nereoh, that the eW affixed to the foregoing Power of Anomey is sun corporate seal and was thereto affixed by authority of the By-laws
of said Company, and Nat he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and mat he la acquainted with George McClellan and knows him to be the VXnPresident
of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine hanownung of said George McClellan and was thereto subscribed by authority of Baia
By -Laws and in deponent's presence.
Notarial Seal
Acknowledged and Sworn to before me
aft'' sGI i on me date ab ninon,
, ROTARY
J Notary Public
PUBLIC I JA14ET A. SCAiONS
CERTIFICATION Notary Prabna, Suter of New JM4T
STAT OP 8W JERSEY No. 2A ,6J2f)
SS. Ccclmlttttoa EXP(-as October 2, 1994
County of Somerset
I, the unassigned, Aalstant Secretary of me VIGILANT INSURANCE COMPANY. do hereby family that me allowing is a true excerpt ham the By -Laws of me Bad Company as adopted by its Baud of Directors
on June 13. 1974 and most recently amended Me" 3, 1986 and that this By -Law is in full tome and effect.
"ARTICLE xV
Section 2. All bona, undertakings. contrags and Other instruments other than as above for and an behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed
in the name and on behalf of the Company either by the Chairman of the Vice -Chairmen or the President or a Vice-Prestdml, jointly with the Secretary or an Assistant Secretary. under their respective
designations, except that any one or more officers or attomeys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed As provided
for IN Section 3 below, may execute any such band, undertaking or other obligation as provided in such resolution or Power of mamey.
Section 3. All powers of anomay for and on behalf of the Company mayand shall be executed In the name and on behalf of the Company. either by the Chairman orme Vice -Chairman or the Presidentor a Vice
Pexiam or an V1ksPrkioM4 ptndywoh ttM Secretary a, an Assistant Secretary, undartheir respective designations. The signature of such officers may be engraved, printed or lenogransid. Thesignature of earn
of the following Officers: Chairman. Vice Chairman , President. any Vice President. any Vim President, any Secretary, any Assistant Secretary and me seal of the Company may be affixed by taoimile to Orly power
of momey or to any csnfhcate staling thereto appoinfing Assistant Secretaries or Anomsystin-Fact for purposes only of execunng and meeting bona and uedenakina and other inklings obligatory in me nature
there 1, and arty such power of abomay, or cerhPcMe bearing suclo facsimile signature Or facsimile seat shall be valid and binding upon the Company and any each power so executed And unified by such facsimile
signature and facsimile seal shall bevalid and binding upon the Company with expect as any bond or undertaking to which it Is attached."
I further cattily mat seta VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity, and surerybwiness in the State at U.S.A.
to become solesurstyan bona. undertakings, etc. Parrartadarrequired bythelaws othhe United Suisse.
And I lunhercermly thatthe foregoing Powerof Anomey is nowin full large and effect.
Given undermyhandand me sealal said Company At warren. N.J., this 14th day of December
Corporate Saat ��
21CONSENT
1993
, and is also duly licensed
P= .TED