HomeMy WebLinkAbout2002-153ORDINANCE NO. /53
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF MAYHILL ROAD BOX CULVERTS AND
DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2843- MAYHILL ROAD BOX
CULVERTS AND DRAINAGE IMPPROVEMENTS AWARDED TO DBR CONSTRUCTION IN
THE BASE BID AMOUNT OF $78,157.25 AND ALTERNATE 1 IN THE AMOUNT OF
$38,766.50 FOR A TOTAL BID AWARD OF $116,923.75).
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 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR
2843 DBR Construction
AMOUNT
$116,923.75
SECTION 2. 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 famishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. 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 4. 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 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �� day of 12002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PRE', CITY
ICI
3-ORD- BID 2843
z
)
z
m
m
z
-
2
x
»
7
)
§o
-
x
2
0
\
\
(
(
-
\
>
§
&
E
±
j x
k
E
m
z
ui
_
°
2
»
»
>
$
=
4
(
E uj
D
m
=
&
§ ]
§
\
(
(
£
,
m
§
:
0�
x
)
/
}
§
)
}
>
_
_
x
\
\
\
\
\
<
>
0-
:
u
_
(
z
z
0
\
)
§
■
g
§
k
&
ly
\
/
\
)
§
¢
±
(
z
.........
o
ex
w
S
.
§
2
_
ui
#
#
«
q
a
k
w
v
2
■
,
m
«
,
c
■
a
« .
§
o
§
2
IL
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of —May—A.D., A.D., 2002,
by and between City of Denton
of the County of Denton and State of Texas, acting through Michael A. Conduff
thereunto duly authorized so to do, thereinafter termed "OWNER," and
of the City of Denton , County of
and State of
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:
in the amount of $116 921-75 and all extra work in connection
therewith, under the terms as stated in the General Conditions of the agreement; and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the work specified above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General Conditions of the Agreement,
the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
CA - 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
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:
APPROVED AS TO FORM:
�I
(SEAL)
CONTRACTOR
MAILING ADDRESS
U *4 IQINC]lie F.110V I
(SEAL)
CITY ATTORNEY
CA-3
:• • s+•a• a• � r •• �
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
BOND # 796603
KNOW ALL MEN BY THESE PRESENTS: That DER Conctract_ion Company
whose address is 2301 Hinkle Drive, Denton TX 76201 ,
hereinafter called Principal, and C'ani tnl Tnrlammi tv C of jx2rati on
a corporation organized and existing under the laws of the State of Wisconsin and
fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound
unto the City of Denton, a municipal corporation organized and existing under the laws of the
State of Texas, hereinafter called Owner, in the penal sum of One Hundred Sixteen
Thousand Nine Hundred Twenty Three and 75/1M DOLLARS ($ t 1fi,923-75) plus ten percent
of the stated penal sum as an additional sum of money representing additional court expenses,
adomeys' fees, and liquidated damages arising out of or connected with the below identified
Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents. This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2002-
153 , with the City of Denton, the Owner, dated the 71st day of May
A.D. 2002 , a copy of which is hereto attached and made a part hereof, for
Aid 2843- Maybill Road Box Culvert and Drainage Improvements
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 2lstday of May 1 2002
M
ARY
ATTEST:
PRINCIPAL
• ..
SURETY
Cap'tol Indemnity Corporation
BY:
ATTO -IN-FACT
Cheryl L. Humphrey
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Surety Solutions Agency, Inc.
STREET ADDRES9621 Winding Creek Rd., Prosper, TX 75078
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB-2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
BOND # 796603
KNOW ALL MEN BY THESE PRESENTS: That DBR Construction Company
whose address is 2301 Hinkle Dr_ Denton. TX ,
hereafter called Principal, and Capitol Indemnity Corporation
a corporation organized and existing under the laws of the State of Wisconsin , and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or improvements hereinafter referred
to, in the penal sum of One Hundred Sixteen Thomand Nine $nndred Twenty Three anti
751100 DOLLARS ($ 116,923 75 ) 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 2002-
153 , with the City of Denton, the Owner, dated the 21st day of Max
A.D. 2o02 , a copy of which is hereto attached and made a part hereof, for
Bid 2843- Mayhill Road Bnx Culverts and Drainage
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 to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code,
as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 21 st day of May 2002
ATTES PRINCIPAL
DBR Construction Company, Inc.
BY:
CRETARY BY:
PRESIDEN
ATTEST:
SURETY
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Surety Solutions Agency, Inc.
STREET ADDRESS: 1621 Winding Creek Road, Prosper, TX 75078
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
rooytw INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900
PHONE (608) 231-4450 • FAX (608) 231-2029
POWER OF ATTORNEY
No: 621063
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a
corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute
and appoint
SHANE A. HUMPHREY, CHERYL L. HUMPHREY OR KATHY R. ZACHAREK
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and
deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
NOT TO EXCEED $4,000,000.00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held
on the 5th day of May 1960:
"RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power
and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the
nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-intact, each appointee to have the powers and duties usual to such
offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with
respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or
without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1999.
CAPITOL INDEMNITY CORPORATION
Attest:
\UUUIIIIIIII(n EMNYe y
Virgil,, M. Schulte, Secretary r C.'ORPORAT�jSEAL °Eoeor Fait, President
STATE OF WISCONSIN wseeNSM°°
COUNTY OF DANE y"ullNllmint4
On the 1st day of June, A.D., 1999, before me personally came George A Fait, to me known, who being by me duly
sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of
CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
STATE OF WISCONSIN l a"aWolnllwus�0 n �
1 G
COUNTY C DANE JANE
_+ F. +_ Jane F. Endres
ENDREs s Notary Public, Dane Co., WI
9 My Commission Expires March 23, 2003
%m4NIIIIIII\\\\\`v�
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison
Dated the21st__
UUIINIIIINNpju
EMWiyC %�
N �O O qHG
p Y
=d CORPORATE
'u SEAL °z
�%N/NIlIllilkkk
day of ,I,lay_--- -, 20
Paul J. Brei r, Treasurer
This power is valid only if the power of attorney number printed in the upper right hand corner apears in red. Photocopies, carbon copies
or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the
Home Office of the Capitol Indemnity Corporation.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in
advance of Bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent low bidder fails to comply strictly with the
insurance requirements, that bidder may be disqualified from award of the contract. Upon
bid award, all insurance requirements shall become contractual obligations which the
successful bidder shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the project. Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid. Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A .
Any deductibles or self -insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its
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 READ:
• 'SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE IO DAYS ADVANCE WRITTEN NOTICE IS REQUIRED' .
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date. If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse.
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
$500,000 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:
IX I
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCiI)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability.
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. 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 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.
[ ] 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.
ATTACHMENT 1
[ X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified 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.
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, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
(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.
I:Jl..vl. [V'JL \L,VV fLV V1> �VV♦
PIIRCHASINC DRPARTMUNT
City of ixsnun
901•8'1'exee S1.
rkmua. TX woo,
ADDENDUM
CITY Or, DENTON, TEXAS
ADDENDUM # 1
Uate - Art it 29, 20117
BID NL;MMBR 21141 - Addendum N 1
RID TITLE — Mbyhill Road Rnx Culvctts Arid D: niqu
1111prOvainenta
Settled bid proposals writ be rcccived umil 21X1 p.m.
May 2, 20Q—, At Me oRica nr ate Puuwsinµ Aaeoi. 'xl l R
THAASt.. .ihtloP. T.•xaA T(aVt
I+v atideiwial information cnro¢i
P1IRCIIASING I)KPARTMENT
vnl �n Texas SoW
[n�mon. r+:v re.ro
0(Wc bYAv W."
941i'149.711A1 Al
INSTRUCTIONS TO BIDDKRS
I. SvuleA BIAS OtUsl lsi: CBCeirad in dGDdustc, prior 4; ope;rting date wld limo in he cot>sldertd I..ov bids will W
renu'ned talolwited. The hid opm;cB reauauts May 1, 2W1 at 2:00 p.m., It"I time.
1. HIdA stall he plainly marked m to die bid number, eanx of tllo bid, and hid np ininp dAw on the oVgtdc :d v orlpictcy
Settled vivOopG, And nulled of dellvGRd IAl tee pumitatig 12CintimGAt, City of DcmUn, f2pl.0 'texxs S(., Demon.
TX 76209.
3• In true of default Arwr bid acceptance, the Cily Of Denton, Texas nWy ar Ps option hMd ttc• accepted hi(Wr or
watac:or liable for Any And all resdl(Mt 1wremed urev, as A peirdty for attch (kfaull.
4. Tlw C.ly of Uauwl reserves the right to reject Any LtAi ldl bits, to waive ell informrdides mid require that AVbuli,a.d
bide rmoatt, in force for a toxsy (60) day period ally opening or until award is made; whichascr cotnes first.
S. The P1a'ehrrsinii Dclierimcnt ounirIDs respun,obility for tile. corres:itaKm and cl:ulty 0' Ons bid, Aild all intorm;Aon
and/or goestlons Wtlaining to this bid shall IN dircusad to rite City Or Denton Nxitasing Agein.
6• Asly alWinpi W m;grainle of glue information on (fie cnh4adA (if this Isla with illc City of L)etiton or ilA tepmentahvett
prior to award Aball IN pounds for diAquatif'aNation.
,. Tldi atllientain antler be AcA:lrDwlcd&W by retivrWAg A Ail()N(1 aty)y of (ills ",rithun With Ili: b1ii or by Itltcr, whN h
]ruteas" a reforeace to this bid wimber apt sditrlatt,m rnualter signal M the birlt)<:r FAIL.L;Ks OF YOUR
ACKNOWI.RUGkMLNT TO BE REC.11s1vLD AT THE. PLACE DESIONAT'Llt FOR THF. RI.WrivT OF alas
PRIOR TO TILL IIOUR AND DATE SYMIPIRD MAY HLSULT IN RF,!pCi'IUN OF YOD.II( 1310.
11 1 r, If 1 Vn/,
•1^• . bld 42843 M4yhil! Rood box C'ulvcra and Drimmje Improvements
All other tams and cokitimm of this xil)ciwliun nol specifically wt7ected by Oh, eddendmD will rsinain
unchanged
Note Ilan 119 on the wver pup reslardiey, BCAuawlHl(;enldll rJ'thi& flddetldiun.
f blr Jnrm .rhnwlJ br stNnnd nnr! relNr+std wAfh yvwr bid.
h'amc Don ich s
YignmwM: �—
�v"M'OAy� BR Cons ruction Company
lYl�c: President
Lisle: May 2,2002
2301 Hinkle Dr.
Denton,TX 76201
940/383-3007
ca �n"A
O lOIOOCOMC•— •OI"LT I., I,. 11
MAY. Ul. ZVI;Z 14:IV 94v J49 1Ju2 L.1 it V! L1EMI V% ru HUMAO 1 M. •,,vv r.uuo
WORKDAYS 25
BID NO.2843
Po No,
BID TABULATION SREET - MAYHILL ROAD CULVERT
Item lleactiptmn 1 QaanUlr Unit � Ualt � Total
'I Price
I.21 Contractors Waurunlies and Understandings I.S $ /LS S ;
000.0 _ 4000.00
UniiPrwvIn Words
_ Four Thousand Dollars ,.
2.12.3.4 Install 18" Class ITT RCP Stom SCwQ1 47 TIP $ /LF^ .$
I 13.00 611.00
Unit Price In Words
Thirteen Dollars
12.12.3-B Furnish and Jnstall 24" Class TIT RCP 10 LF $ t25
" S
Storm Sewor 400.00
Unit Price lit Words _ —
Forty DQLLar 1
12.12.3 •C, Install 36" Class TIT. RCP Storm Scwcr 361 LF I $ i 39—
) Unit Price In Words
Thirty Nine Dollars & Twenty filve C.er
2.12.3-1) Ittstell 54" Class T11 RCP Stonn Sewcr) 72
;
Unit Pricc In Words
i One Hundred Four Dollars, _
12,125.2.5 Install 8' X R' Aux Culvert 65
Unit Pr) a In Words
Two Hundred Seventy Six Dollars
F37-- Rcnlovu 72" CMP 42
Forty Dollars Unit Prico Li Words
3..g Remove 24" RCP 5S
-- Ten Dollars Unit Price In Words
Remove 881, RCP 46
I_
Urrii Price In Words
Five Dollars
3.1 Preparadonof Right OrWay
fJnit
Price it,
Word,
Four) ThousandDollars
4/26/02 p-.1
$ /LF $
04.00 I 7488.00
i
IT 5 276.0 /LF S 17940.00
I
LF $ /Li' S
i-1
1680.00iir s
50
10.0 5_00
1F' $ 5.0 /LF' .... $ 230.00
LS $ 4000. 0S S
4000.00
l
C Y $ 10.0 (Y I g 100.00
ADDENDUM 'I
P AG•tr 44
NAY.31.2002 12011 940 3t9 7302 CITY of DSNro14 FUACHASINu
I
Ten Dollars
Unit Prerice In Wore
~
Temporary Erosion Control
7 4.Sv j
L
Unit Prico Tn Words
Five Hundred Dollars
Clgss A Cb3rcretc for Typc fiheudwall on
--Eby 3' box culvert
Unit price In Word$
Three Hundred Dollars
7.6-A.l l S' X S' 4-sidod inlet
i
1 Ttao.Thousand
Unit Price 1n Words
Five Hundred Dollars
7 6-A•2
4' X 4' 4-sided bilet—
Two Thousand
Ihtit Price In Words
Dollars
(7 (,•A•3�
3' X 3' 4-sided Inlet
l
Unit price In
el)5r. Y.VVC
LS $ -. /L5 _ 500.0 _
25 CY S I /C'X
300.0
t EA $ /F.A
I I2500. 0
I Unit Price In WurdA
One Thousand Dollars
8.1 I -A Metal Begm tiv' Jard Dcgce (MBCrF) 122;
Twenty Five Do11YTIst price In Words
�3,11.9 25' M13C1' T13mdown Section 3
Unit Price In Words
Two Hundred Dollars
6" Wuter-line T w 2
2000.
i -S 1000.
LP $
25`0
FA F .0
i n cring
~- �
U
LIr
Unit Pricc Iri Words
Fortyy Dollars
ol
r
S •4P -t3 t
3 Waterline Lowering
SU
LF
It
Fifty � Unit Price Ui Words
Dollars
—
J
�.
I'S 0�
'RackExoa.."
50
CY
Unit Pricc In Wont.
One Dollar
—„
SP-31
L
ReinforcingSteel
S06
i
Lki
I
Unit Price In Words
One Dollar
i
SP-37
ExCavaiionProtection�
'LP
26q
4/26/02 P-4
$i 1 /T,k' �$
40.0
- $ 50.00 'LP S 3
$ 1.00'CY $
I
tL13 S
1.001
$ 5.00I/1'F $
A1.lUH;NDU14 3
1
500.00
7500.00�
2500.00!
400,O.00
2000.000
1000.0-0 iIi-1I
3200.001
600.001
_800.00
4000.001
.—. 1
�50.00
500000
1300.00
pi�C,E 5
-- ---I ". 1r1111 \Intl nlnvnnrnLr nr-, vnnv lT9/rn
.....I ....... ..... ... ... .... . .� . . . . , .. . . ,
Unit Price In Words
Five I)QjI arc
Projoct Signs
2 T EA i $
i
/tA
S
72 LF S
150_.Q.
2 001"F
L
-ture, Ii c bi words
One Hundred Fifty o a
�rs
144.00
SP-41 Mplidt Smv Cut
Un
Two Dollars Unit Price In Words
I
SP-45 Mitcollancous Sprinkler System
I
----
/LS
S
Ad'�.91!nert
i
200.0(
200.00
*00
Unit Price In Words
ITwo Hundred Dollars
2 1.1 Reiroyo and Ropla" 6 " Wu(cr Vulve
1 i EA S
750.0c
/f�A
.00 75011
!Seven Hundred Fifty Dollars
Maybill Road Culvert
78,157.25
TOTAL
I
Seventy Eight Thousand One Hun
red Fift Sever
DdllarsIN
Neity
Five Cent
4/26/02
P-5
Ann NNIM ',
I A qn"A
i-n I SWnll >49n
M 10700cn�C
nc-��
MA2.V1.1VV6 1ASIL %v ". 11�1 - . . - 1- .
Item
WORKDAYS 15
BID NO, 2843
PO NO.
MATE 01
(jTiI Total TT -
,TT
Price
2. I.J Flexible Huat- 6" for diivcways 306 SY $ 7.00 /$Y 2142.0�
Unit Price in Words
Seven Dollars
3 Remove existing asphalt pavomont and .975 SY $ T
associated sub grade •5.00 4875,0ry
Five Dollars Unit Pyice In Words
3.1 Compiettxl Fi 11 500 CY S7.00
. ..... Unit Price in . Words
a 3500.00
Seven Dollars
3.10.7 Hydronittich 1478 SY 3 Y 1I
SO 1 739.01
Fifty Cents Unit Price In Words
4.6-A 6" Lima Treatment of Subgradc 1138
.-SY S 1/sy $
3414.
Three. I)-0nit Paw in wo'Xis
QIJa-rs --- .1.
4,6-13 Type A HydratedLimo (81%lrfy) iti fpR- T —+,7'0q '^S
100.00 1600.001
unit rricc Li Words
One Hundred Dollars
TT-:� 4 " Asphalt Pavement Bau"C-f—'ypc A) 975 $Y 17tiY-
11.0 d 10725..00
Unit Price In Words
Eleven Dollars
V Aiphall Pavernew (I'ype Q 975 SY S /$Y
5.50 S 5362.50
Unit Price iri words
Five Dollars & Fifty Cents
—2" Asphalt Pavement (Type A, Base) 1 I A—,--S—Y T$ j /Sy S
5.5 .001
.5a+— -01
U11i prite In Words
Five Dollars & Fifty a
5.7-1) 2" Asphalt Pavement (Type,#, Patch Mail) 2 TON S !/1,614* $ j15QOO 75.00
Unit Pricc )it Words
Seventy Five Dollars
I'OTAI,
L—L 138_766...50
Thirty Eight Thousand Seven Hundred Sixty Six Dollars & Fifty Cents
4/20!02 P-6 ADDENDUM I
PR G t- q
te: 13/10/02 Time: 3:06 PM To: Skirchak, Christi @ 349-7302
Page: 001-002
ACORDT, CERTIFICATE OF LIABILITY
INSURANCE 12/iai2om
PRODUCER (940)382-9691 FAX (940)243-1050
Ramey & King Insurance
830 South I-35E, Suite A
Denton, TX 76205-7829
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED D B R Construction Cc Inc
Don Richards
P 0 Box 328
Denton, TX 76202
INSURER A: Scottsdale Insurance CO.
INSURERS: Trinity Lloyds Insurance co.
INSURERC. Texas Work Comp Ins Fund
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POUCYNUMBER
DATE MMmD
DATE MMIDD
LIM"
GENERAL LIABILITY
CL421900385
10/23/2001
10/23/2002
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Anyone tire)
$ 50,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
MED EXP (My arse person)
$ 5 , 000
A
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 1,000,0oo
GENL AGGREGATE LIMITAPPLIESPER:
PRODUCTS - COMP/OP AGG
a 1,000,0
POLICY JECT LOC
AUTOMOBILE
)(
LIABILITY
MY AUTO
TCA6844144
10/23/2001
10/23/2002
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY
(Par Poraon)
$
B
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident
$
HIRED AUTOS
NON-0WNED AUTOS
PROPERTY DAMAGE
(Per accidert)
IT
_
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
a
a
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATON AND
SBF0001007419
02/07/2002
02/07/2003
X I MR-y-L MAM ER
C
EMPLOYERS' LIASILTn
E.L. EACH ACCIDENT
$ 500.0
E.L. DISEASE - EA EMPLOYEj
$ 500,000
E.L. DISEASE -POLICY LIMIT
1 IT Soo 000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
SAID POLICY SHALL NOT BE CANCELLED, NON -RENEWED, OR MATERIALLY CHANCED WITHOUT
0 DAYS ADVANCE WRITTEN NOTICE BEING GIVEN TO THE OWNER, EXCEPT WHEN THE POLICY
S BEING CANCELLED FOR NON-PAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN
TICE IS REQUIRED.City of Denton is listed as additional insured/ waiver of subrogation is issued in
avor of City of Denton on Workers Compensation.
CERTIFICATE HOLDER I JADOMONA.INSURED;INSURERLETTER; _ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL
30 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
CITY OF DENTON
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LMBILRY
2301 HINKLE
OF ANY KIND UPON THE COMPANY, TO AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
DENTON, TX 76201.
Jeff Kin
ACORD 25-S (7197) ®AICORO CORPORATION 1111111
:e: 6/10/02 Time: 3:06 PM To: Skirchak, Christi @ 349-7302
VV6-VVL
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such, endosement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing Insurer(s), authorized representative or producer, and the certificate holder, not does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.