1998-145 ORmNANCE NOq?-/'4 $
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
CONSTRIJCTION OF APPROXIMATELY 5,500 FEET OF 10" SEWER FORCE MAIN,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (BID # 2205 - DENTON WEST FORCE MAIN AWARDED TO BOWLES
CONSTRUCTION IN THE AMOUNT OF $199,018 00)
WI-IEREAS, the City has sohclted, received and tabulated competitive bids for the
constmct~6n ofpubhc works or improvements m 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 hereto described bids are the lowest responsible bids for the construction of the public works or
improvements described m 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 ofpubhc works or
improvements, as described m the "Bid Inmtat~ons", "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 ~ AMOUNT
2205 BOWLES CONSTRUCTION $199,018.00
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute la 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 reqmmmonts specified in the Notice to Bidders including the timely execution of a written
contract and funusbang of performance and payment bonds, and insurance ce~ficate after
notffication of the award of the bid
SECTION IH 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 blds accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto spemfymg the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and unprovements as authorized herem, the C~ty Council
hereby authorizes the expenditure of funds ~n the manner and m the amount as specafied ~n such
approved b~ds and authorized contracts executed pursuant thereto
SECTION V That flus ordinance shall become effectxve ~mmedmtely upon its passage and
approval
PASSED AND APPROVED tMs the~/~ dayof (~R~. .1998
JACK ~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2205 CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 2 day of JUNE A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
BOWLES CONSTRUCTION
1634 EASTSIDE DRIVE
WICHITA FALLS, TX 76303
of the City of WICHITA FALLS County of WICHITA and State of TEXAS, hereinafter
termed
"CONTRACTOR"
WITNESSETH That for and m cons~derataon of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the cond~nons
expressed ~n the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2205 - DENTON WEST FORCE MAIN
m the amount of $199,018.00 and all extra work m connecUon therewith, under the
terms as stated m the General Conditions of the agreement, and at hts (or theIr) own proper
cost and expense to furmsh all matermls, supphes, machinery, eqmpment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the
work specified above, m accordance w~th the cond~ttons and prices stated m the Proposal
attached hereto, and m accordance w~th all the General Conditions of the Agreement, the
Special Condmons, the Nouce to Bidders (Advemsement for B~ds), Instructions to B~dders,
and the Performance and Payment Bonds, all attached hereto, and m
CA - 1
accordance with the plans, winch includes all maps, plats, blueprints, and other drawings and
printed or wrttten explanatory matter thereof, and the Specifications therefore, as prepared by
WATER ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It ~s 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 ~ncome tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit C~ty 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 dnrectlon of thc City Manager
of the Cxty of Denton, Texas, or hts designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or hablhty of any kind whatsoever, by reason of injury
to property or third persons occasloned by any error, omission or negligent act of Contractor,
Its officers, agents, employees, mwtees, and other persons for whom it is legally liable, with
regard to the performance of tins Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such clanns and demands
Choice of Law and Venue
Tins 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 thc start of work as set forth m written notice to commence work and complctc all work
within the tune stated m the Proposal, subject to such extensions of tune as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown in the Proposal, winch forms a part of tins contract, such payments to be subject to the
General and Special Coodlt~ons of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed thru agreement
m the year and day first above written
ATTEST
- ~/ ' (SEAI~
m~ ~ ~ Bowles Construction Company, Inc
CONTRACTOR
Kerri Cagle Robertson 1634 Eastside Drive
Wichita Falls, TX 76303
PO Box 1764
Wichita Falls, TX 76307
MAILING ADDRESS
{940) 766-3518
PHONE NUMBER
(940)766-3564
FAX NUMBER
TITLE
R E Bowles, President
APPROVED AS TO EORM × PRINTED NAME
~~i~~ (SEAL)
CITY ATTORNE
CA - 3
PERFORMANCI~, BOND
Bond #: 13662~3
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION,
whose address is 1634 EASTSIDE DRIVE, WICHITA FALLS, TX 76303, hereinafter
called Prmmpal, and FJ~R ~.ur ~ ~ a corporaUon organized and
extstmg under the laws of the State of TEXAS, and fully anthonzed to transact bnsmess m the
State of Texas, as Surety, are held and fh'mly bound unto the C~ty of Denton, a mumclpal
corporaUon orgamzed and emstmg under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of ONE HUNDRED NINETY NINE THOUSAND AND
EIGHTI~IgN no/100 DOLLARS ($199,018.00) plus ten percent of the stated penal sum as an
addmonal sum of money representing addmonal court expenses, attorneys' fees, and hqmdated
damages arising out of or connected w~th the below identified Contract, m lawful money of the
Umted States, to be prod m Denton County, Texas, for the payment of which sum well and
truly to be made, we hereby bmd ourselves, our he,rs, executors, adnumstrators, 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 m no event shall a Change Order or Supplemental Agreement which
reduces the Contract puce decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME is cond:tloned as follows Whereas, the
Principal entered into a certain Contract, ldenUfied by Ordinance Number 98-145, with the
City of Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of whmh is hereto
attached and made a part hereof, for BID # 2205 - DENTON WEST FORCE MAIN.
NOW, THEREFORE, ff the Print;pal shall well, truly and fmthfully perform and fulfill
all of the undertakings, covenants, terms, condmons and agreements of satd Contract m
accordance with the Plans, Specfficatlons and Contract Documents during the original term
thereof and any extension thereof winch may be granted by the Owner, w~th or w~thout notice
to the Surety, and during the llfu of any guaranty or warranty required under tfus Contract, and
shall also well and truly perform and fulfill all the undertakmgs, covenants, terms, condmons
and agreements of any and all duly anthorLzed rnodfficaUons of said Contract that may
hereafter be made, nottce of which modfficauons to the Surety being hereby wawed, and, ff the
Principal, shall repatr and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of f'mal compleUon and final acceptance of
the Work by the Owner, and, if the Principal shall fully mdemmfy and save harmless the
Owner from all costs and damages wh;ch Owner may suffer by reason of fmlure to so perform
hereto and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur m making good any default or defimency, then this obllgaUon shall be vmd, otherwise, ~t
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that If any legal acuon be filed upon this Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
sUpulates and agrees that no change, extension of tane, alteraUon or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spee~fieaUons,
Drawings, ere, accompanying the same, shall m anywise affect ~ts obhgaUon on th~s Bond.
and n does hereby waive notice of any such change, extension of tame, alteraUon or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, ere
Th~s Bond is given pursuant to the provmons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety hereto as the
Resadent Agent m Denton County to whom any requmte nonces may be delivered and on
whom serwce of process may be had in matters arising out of such suretyship, as provided by
Aruele 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument as executed m 4 cop~es, each one of which
shall be deemed an original, th~s the 2 day of JUNE 1998.
ATTEST PRINCIPAL
SEC~TA Ry~~ BOWLES CONSTRUCTION COMPANY, INC.
BY
Andrew W Bowles
R E Bowles
ATTEST: SURETY
FAR WEST INSURANCE COMPANY
BY
ATTORNEY-IN-FACT~'
Steve Rauch
The Resident Agent of the Surety in Denton County, Texas for delivery of not~ce and serwce
of the process is
NAME PCL CONTRACT BONDING AGENCY
STREETADDRIESS 206 ELM ST , #105, LEWISVILLE, TX 75057
972/221 -9448
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ts trot a
corporatton, gtve a person's name )
PB - 2
PAYMENT BOND
Bond # 1366253
STATE OF TEXAS §
COUNTY OF DENTON §
K4NOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION,
whose address is 1634 EASTSIDE DRIVE, WICHITA FALLS, TX 76303, hereinafter
called Principal, and FAR WEST INSURANCE COMPANY
a corporaUon organized and existing under the laws of the State of TEXAS, and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mumclpal corporation organ,zed and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporaUons who may
furmsh ntaterlals for, or perform labor upon, the building or unprovements heremafier referred
to, in the penal sum of ONE HUNDRED NINETY NINE THOUSAND AND EIGHTEEN
no/100 DOLLARS ($199,018.00) m lawful money of the United States, to be paid m
Denton, County, Texas, for the payment of wlueh sum well and truly to be made, we hereby
bind ourselves, our heirs, executors, admunstrators, successors, and assigns, jointly and
severally, firmly by these presents This Bond shall automaUcally be increased by the amount
of any Change Order or Supplemental Agreement whtch increases the Contract price, but m 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 m cond~uoned as follows Whereas, the Principal
entered rote a certain Contract, identified by Ordmnance Number 98-145, with the City of
Denton, the Owner, dated the 2 day of JUNE A.D 1998, a copy of which is hereto attached
and made a part hereof, for BID # 2205 - DENTON WEST FORCE MAIN.
NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporatxons and claunants
supplying labor and/or material m the prosecution of the Work prowded 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 m full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
stipulates and agrees that no change, extension of tune, alteration or add~tlon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specxficauons,
Drawings, etc, accompanying the same, shall in anywme affect its obligation on this Bond,
and it does hereby waive notice of any such change, extensmn of tune, alteratmon or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB - 3
Thru Bond m gaven pursuant to the prov,slons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any requisite notices may be dehvered and on
whom service of process may be had in matters arising out of such suretyship, as provxded by
Artxcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed m 4 copies, each one of which
shall be deemed an original, this the 2 day of JUNE, 1998.
ATTEST PRINCIPAL
/~/ ~/~-~.-~/~/~6~ , ~~ BOWLES CONSTRUCTION COMPANY, INC
SECRETARY ' BY
PRESiD~'~NT
ATTEST SURETY
ATTORNEY-IN-FACT
Steve Rauch
The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and service
of the process is
NAME . PCL CONTRACT BONDING AGENCY
STREET ADDRESS 206 ELM ST.t #105t LEWISVILLE~ TX 75057 972/221 -9448
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
2205--CONTRACT & BONDS
PB - 4
POWER NUMBER 0000877739
This document is printed on wfute paper containing the amfielal wat~marked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper
on the back Only unaltered originals of the Drmted Power of Attumey ( POA ) are vahd This POA may not be used in conjunctton with any other POA No
representatmns or warrant~es regarding this POA may be made by any person Th~s POA ~s governed by the laws of the State of Nebraska and is only vabd until the
expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the Company ) shall not be hable on any hmtted POA whmh ~s
fraudulently predueed, forged or otherwise d~strlbuted w~thout the perrmsslon of the Company Any party concerned about fue vabd~ty of this POA or an accompanying
Company bond should call your local Amwest branch office at (972} 503-6925
KNOW ALL BY THESE PRESENT that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporatmn
(collectively the' Company' ), do hereby make ¢oeabtute and appoint
VIvlan Campbell Connie Wofford
Gall A Barraza Steve Rauch
Lannle Mc Claln
Beverly Trlmble
Daniel D Waldorf
Nancy Ruano
As Employees of AMWEST SURETY INSURANCE CO
tts true and lawful Attorney m-fact, w~fa hnuted power and authomy for and on behalf of the Company as surety to execute dehver and affix the seal of the company thereto
as follows
All Bonds up to $25,000,000 00
and to brad the company thereby Th~s appointment ~s made under and by atuhonty of the By Laws of the Company, which are now m full force and effect
l, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporatton and Far West Insurance Company a Nebraska corporatton DO HEREBY
CERTIFY that th~s Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest
Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney and that the relevant prov~smns of the By Laws of each company are now
In filll force and effect
.... ~ Karen G Cohen Secretary
* * * * * + * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * *
This POA Is signed and sealed by faesnmle under end by the authority of the following resolutions adopted by the Board of D~rcctors of Amwest Surety Insurance Company
at a meeting duly beld on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28 1983
RESOLVED that the President or any Vine President, In ¢onjunctmn vnth the Secretary or any Assistant Secretary may appoint attorneys ~n fact or agents wtth
authority as defined or htmted m the instrument emdencmg the appointment m each ease, for and on behalf of the Company to execute and debver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obhgatlons of all kmds, and smd officers may remove any such attorney ~n-fact or agent and revoke any POA
prewously granted to such person
RESOLVED FURTHER, that any bond, undertaking, recognizance or suretyship obhgatmn shall be vahd and brad upon the Company
0) when signed by the Presldellt or any V~ce President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or
(n) when signed by the President or any V~ce President or Secretary or Assistant Secretary and countersigned and sealed (Ifa seal be reqmred) by a duly
authorized atiorney-m fact or agent, or
(m) when duly executed and sealed (if a seal be required) by one or more attorneys m fact or agents pursuant to and w~thln the hrcats of the authority
evidenced by the power of attorney issued by the Company to such person or persons
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certlficatmn thereof
autbenzlng the executmn and debvery of any bond, undertaking recognizance, or other suretyship obbgaoons oftbe Company and such signature and seal when so used shall
have the same force and effect as though manually affixed
IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far W~st Insurance Company have caused these present to be s~gned by ~ts proper officers and rts
State of Cahforma
County of Los Angeles
On December 12, 1997 before me, Peggy B Lotion Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me
on the hasps of saUsfactory evidence) to be the person(s) whose name(s) is/are subscabed to the w~th~n msh'ument and acknowledged to me all that he/sha/they executed the
~ame m hxs/ber/tbelr authnnzed capac~ty0ea) and that by h~s/her/thelr signature(s) on the msttument the person(s) or the entity upon behalf of which the person(s) acted
/.q'2o'~ ~{¢,o~ ~'~-/o" "¢,,',o~1 - ,, ,o .~. ~o.o.,.,.,~. ...... · ~11~'~'] tm~C~n,t E
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 dlspute concerning your premium or about a claim
you should contact the agent or the company first. If the dlspute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY'
This notlce is for information only and does not become a part or
condition of the attached document.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B,dder's attention ,s directed to the insurance requirements below It ,s h,ghly
recommended that bidders confer with the,r respect,va ,nsurence carnere or brokers
to determ,na ,n advance of Bid submission the ava,lability of ,nsurenca certificates and
endorsements as prescribed end provided harem If an apparent Iow bidder fails to
comply str,ctly w,th the ,nsurence requirements, that b,dder may be dmequahfled from
award of the contract. Upon bid award, all ,nsurance requ,remente shall become
contractual obligations which the successful bidder shall have a duty to mamta,n
throughout the course of this contract
STANDARD PROVISIONS:
W~thout hm~t~ng any of the other obhgat,ons or Imb,l~t,es of the Contractor. the
Contractor shall prov,de and ma,nta~n unt,I the contracted work has been completed
and accepted by the C~ty of Denton. Owner. the mm,mum ~nsurance coverage as
~nd~cated hereinafter
As soon as practicable after not,flcat~on of b~d award. Contractor shall file w,th the
Purchasing Department sat,sfactory cert,flcates of insurance, conta,mng the b~d
number and title of the project. Contractor may. upon written request to the
Purchasing Department. ask for clanflcatlon of any ~nsurance requ,rements at any time.
however. Contractors are strongly adv,sed to make such requests pr, or to b,d opemng.
since the ,nsurance requirements may not be mod,fled or wa,ved after b,d opening
unless a written except,on has been submitted w~th the b,d Contractor shall not
commence any work or deliver any material until he or she receives notification that
the contract hae been accepted, approved, and signed by the C,ty of Denton
All ~nsurance pohc,es proposed or obta,ned ~n satisfaction of these requirements shall
comply w~th the following general spec~flcat,ons, and shall be me,nra,ned ~n comphance
w,th these general spec~flcat,ons throughout the durat,on of the Contract. or longer.
~f so noted.
a Each pol,cy shall be ,ssued by a company authonzed to do bus,ness ~n the
State of Texas w,th an A M Best Company rating of at least A
· Any deductibles or self-~nsured retentions shall be declared ~n the b~d
proposal If requested by the C,ty. the insurer shall reduce or ehm~nate such
AAAOO350
REVISED 10/12/94 CI - 1
Insurance Requ,rements
Page 2
deductibles or self-insured retentions w~th respect to the C~ty, ~ts offlmals,
agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related ~nvest~gatlons, claim
admlmstratlon and defense expenses
® Lmblhty policies shall be endorsed to prowde the following
Name aa additional insured the City of Denton, ~ts Officials, Agents,
Employees and volunteers
That suct, insurance ~s primary to any other insurance available to the
additional ~nsured with respect to claims covered under the pohcy and
that this insurance applies separately to each insured against whom
claim Is made or suit ~s brought The ~nclus~on of more than one
insured shall not operate to ~ncrease the ~nsurer's hmlt of liability
· All pohclea shall be endorsed to prov,de thirty(30) days prior Whiten notme
of cancellation, non-renewal or reduction ~n coverage
· Should any of the required ~nsurence be prowded under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term
of th~s 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 ~nsurence be provided under a form of coverage
that ~ncludes a general annual aggregate limit providing for claims
~nvestlgatlon or legal defense costs to be ~ncluded m the general annual
aggregate hmlt, the contractor shall either double the occurrence {Im~ts or
obtain Owners and Contractors Protective L~ablhty 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 satmfactory ewdence of reinstated coverage as required by thru
contract, effective aa of the lapse date If ~nsurance ~s not reinstated, C~ty
may, at ~ts sole option, terminate thru agreement effective on the date of
the lapse
AAAO0350
REVISED 10112194 CI - 2
Insurance Requirements
Page 3
may, at ~ts sole option, terminate th~s agreement effective on the date of
the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance pohc~es proposed or obtained m sat~sfact;on of th~s Contract shall
add~t;onall¥ comply w;th the follow;ng marked specifications, and shall be maintained
~n comphance w;th these add;t~onal spemflcat;ons throughout the duration of the
Contract, or longer, ~f so noted
[X] A General Liability Ineurance
General Lmb~hty insurance w~th combined s~ngle hm~ts of not less than
$1,000,000 00 shall be prowded and ma;nra,ned by the contractor The
pohc¥ shall be wntten on an occurrence bas~s e~ther tn a single pohc¥ or ~n
a combmat;on of underlying and umbrella or excess pohmes
If the Commermal General L~ab~l~t¥ form (ISO Form CG 0001 current edition)
~s used
· Coverage A shall ~nclude premises, operations, products, and
completed operations, independent contractors, contractual hab~hty
covenng this contract and broad form property damage coverage
· Coverage B shall ;nclude personal injury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Lmb~ht¥ form (ISO Form GL 0002 Current
Edit;on and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
· Bodily ~njur¥ and Property Damage Lmb~ht¥ for premises, operatmns,
products and completed operations, ~ndependent contractors and
property damage result;ng from explosion, collapse or underground
(XCU) exposures
AAAO0350
.EWS~D ~o/~2~s4 CI - 3
Insurance Requirements
Page 4
· Broad form contractual hablhty (preferably by endorsement) covenng
thru contract, personal injury hablhty and broad form property
damage hab~hty
[X] Automobile Liability Insurance:
Contractor shall prowde Commermal Automobile Lmb~hty ~nsurance with
Combined S~ngle I~mlts (CSL) of not less than $1.000.000 00 either ~n a s~ngle
pohcy or m a combination of basic and umbrella or excess policies The pohcy
will include bodily Injury and property damage hab~hty arising out of the
operation, maintenance and use of all automobiles and mobde equipment used
~n conjunction with th~s contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
endorsement for
· any auto. or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which. ~n addition to meeting the m~mmum statutory requirements for ~ssuance
of such ~nsurance. has Employer's Llab~hty hmlts of at least $100.000 for each
accident. $100.000 per each employee, and a $500.000 policy limit for
occupational d~sease The City need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all nghts of subrogation against the City. ~ts
officials, agents, employees and volunteers for any work performed for the C~ty
by the Named Insured For building or construction projects, the Contractor
shall comply w~th the prowslons of Attachment 1 ~n accordance w~th §406 096
of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
AAAO0350
,EWS~D ~o/~=/s4 CI - 4
Insurance Requirements
Page 5
Owner's and Contractor's Proteot;ve L~ability 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 Llab~hty insurance policy naming the C~ty as ~nsured for property
damage and bodily ~njury which may arise ~n the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
"occurrence" bas~s, and the policy shall be ~ssued by the same ~nsurance
company that carries the contractor's hab~hty ~nsurance. Pohcy hm~ts will be at
least combined bodily injury and property damage per occurrence
w~th a aggregate
F~re Damage Legal Liability Insurance
Coverage ~s required ~f Broad form General L,ab~hty ~s not provided or ~s
unavailable to the contractor or if a contractor leases or rents a portion of a C~ty
building L~mlts of not less than each occurrence are required
Professional Liability Insurance
Professional hab~hty ~nsurance w~th hmlts not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under th~s Agreement
Bu,lders' Risk Insurance
Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value
shall be provided Such policy shall ~nclude as "Named Insured" the City of
Denton and all subcontractors aa their ~nterests may appear
Additional Insurance
Other insurance may be required on an ~nd~wdual basis for extra hazardous
contracts and specific service agreements If such additional ~nsurance ~s
required for a specific contract, that requirement w~ll be descnbed in the
"Specific Conditions" of the contract specifications
AAAOO3EO
REVISED I0/1219~, CI - 5
Insurance Requirements
Page 6
ATTACHMENT I
[] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Deflmtlons
Certificate of coverage ("certlflcate")-A copy of a certificate of insurance,
a certificate of authority to self-insure ~ssued 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 sntlty's employees prowdlng serwces on a project, for the
duration of the project
Duration of the project - includes the t~me 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" ~n §406 096) -
includes all persons or ent~tles performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly w~th the contractor and regardless of
whether that person has employees This ~ncludes, w~thout hm~tat~on,
~ndependent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde serwces on the project
"Serwces" include, w~thout hm~tatlon, providing, hauhng, or dehvenng
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 dehverles, and
delivery of portable to~lets
B The contractor shall provide coverage, based on proper reportlng of
classification codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
AAA00360
R~ws~{~ ~ o1~ 2/g4 C I - 6
Insurance Requirements
Page 7
Section 401 011 (44) for all employees of the contractor providing serwces
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 dunng 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 prowde 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 prowdmg 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, ~f 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 not~fy the governmental entity ~n writing by certified
mall 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
AAA00350
.Ews~D ~o. 2~94 C I - 7
Insurance Requ,rements
Page 8
H The contractor shall post on each project s,te a not,ce, ~n the text, form and
manner prescribed by the Texas Workers' Compensatmn Comm,ss,on,
inform,ng all persons prov,d~ng services on the project that they are requ,red
to be covered, and stating how a person may ver,fy coverage and report
lack of coverage.
I. The contractor shall contractually requ,re each person w,th whom ~t
contracts to prov,de serv,ces on a project, to
(1) prov,de coverage, baaed on proper report,ng of class,flcat,on codus and
payroll amounts and firing of any coverage agreements, wh,ch meets
the statutory requ,rements of Texas Labor Code, Sect, on 401 011 (44)
for all of ~ts employees prov,d,ng serwces on the project, for the
durat,on of the project,
(2) prov,de to the contractor, prior to that person beg~nmng work on the
project, a cert,flcate of coverage show,ng that coverage ~s being
provided for all employees of the person prov,d~ng serwces on the
project, for the durat,on of the project,
(3) prov,de the contractor, pr,or to the end of the coverage per,od, a new
cert, flcate of coverage show,ng extens,on of coverage, ~f the coverage
per~od shown on the current cert,flcate of coverage ends during the
duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and prowde to
the contractor
(a) a cert,flcate of coverage, prior to the other person beg~nmng
work on the project; and
(b) a new cert,flcate of coverage showing extens,on of coverage,
prior to the end of the coverage per,od, ~f the coverage per,od
shown on the current cert,flcate of coverage ends during the
duration of the project,
AAAO03~O
CI
,EWS;D ~0/~2/94 ' 0
Insurance Requirements
Page 9
(5) retain all requ,red cert,flcates of coverage on file for the duration of the
project and for one year thereafter,
{6) not~fy the governmental entity in writing by cert,fled mad or personal
del,very, w~th,n 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 w~th whom ~t contracts, to perform
as required by paragraphs (1) - (7), w~th the certificates of coverage
to be provided to the person for whom they are prowd~ng services
J By s~gnlng th~s contract or prowdlng or causing to be provided a cert, flcate
of coverage, the contractor ~s representing to the governmental entity that
all employees of the contractor who wdl provide services on the project wdl
be covered by workers' compensation coverage for the duration of the
project, that the coverage wdl be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements wdl be flied
w~th the appropriate ,nsurance carner or, ~n the case of a self-insured, w~th
the commission's Div,s,on of Self-Insurance Regulation Provld,ng false or
m~slead,ng informer,on may subject the contractor to adm~nlstrat,ve
penalties, crlm~nal penalt,es, clwl penalties, or other c~wl actions
K The contractor's fa,lure to comply w~th any of these prows,ons ~s a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract vo,d ~f the contractor does not remedy the breach
w~th~n ten days after rece,pt of notlce of breach from the governmental
entity
AAA00350
9
RI;VISED I 0/12/9~. ~,1
BID SUMMARY
In the evem of the award of a contract to the undersigned, the undersigned will fun'ash 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 clau-ns fu- labor
performed and materials furmshed m the fulfillment of the contract
It Is understood that the work proposed to be done shall be accepted, when fully completed and
fimshed m accordance w~th the plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the bid prices contained tn tlus proposal have been carefully
checked and are submitted as correct and f'mal
Unit and lump-sum prices as shown for each ~tem hsted tn tbas proposal, shall control over
extellslOl~
The undersigned agrees to complete the Project in ~
CONTRACTO]I~-~
Street Address
C~ty and State
Seal & Authorization
(If a Corporation)
< qqp ) 76,/~5/ fi
Telephone 70/.0- 3K~q ~ )
B-1
DENTON WEST FORCE MAIN
BID SCHEDULE
Amounts shall be wntten m words and figures In case of discrepancy between the wntten
amount and the figures, the written amount w~ll govern For descnptmn of bid ~tems, see
Sectmn D of these specs
DESCRIPTION OF ITEMS
UNIT AMOUNT
BID QTY UNITS WITH BID PRICES WRITTEN IN PRICE BID
ITEM WORDS
1 01 5,050 LF 10" PVC (150 ps0 FORCE MAIN,
complete ~n place for the sum of
~ Dollars &
n.O Centsperhnearfoot $ 2~)~ $°-- -H[.~'~1-.~-~
1 02 300 LF 10" PVC (150 ps0 FORCE MAIN IN
20" STEEL CASING PIPE by other
than open cut, complete in place for
the sum of
~,c~ Dollars &
~O Cents per hnear foot $ /~0~ $ 3~~
1 03 54 LF 10" PVC (150 ps0 FORCE MAIN IN
20" STEEL CASING PIPE by open
cut, complete m place for the sum
of
~,¢~. Dollars&
~ Cents per l~near foot $ ~ $ ~?~
972134010 00300-1
DESCRIPTION OF ITEMS
BID UNIT AMOUNT
QTY UNITS WITH BID PRICES WRITTEN IN
ITEM WORDS PRICE BID
1 04 I EA FOR CONNECTING 10" FORCE
MAIN TO EXISTING 6" PUMP
DISCHARGE, complete in place for
the sum of
Dollars &
n/3 Cents per each $ ~D~ $
1 05 1 SA FOR CONNECTING 10" PVC
FORCE MAIN TO EXISTING 12"
MAIN, complete ~n place for
~ Dollars &
3/3 Cents per each $ $ 1 00
1 06 1 EA FOR FURNISHING AND
INSTALLING 10" CHECK VALVE,
complete in place for
Dollars &
~ Cents per each $ ~DDD~-~'D $ ~DDD~-'~
972134010 00300-2
BID DESCRIPTION OF ITEMS UNIT AMOUNT
ITEM QTY UNITS WITH BID PRICES WRITTEN IN PRICE BID
WORDS
1 07 3 EA FOR FURNISHING AND
INSTALLING 2" AIR AND
VACUUM VALVE ASSEMBLY,
including 2" air/vacuum valve, 2"
gate valve, concrete manhole and
nser p~pe assembly, complete
place for
~A/ /{~,,1~//-¢~] Dollars &
mr) cents pereach $ .~
1 08 1 2 TON FOR FURNISHING AND
INSTALLING IRON FI~INGS,
complete ~n place for
nl~ ~,,~ Dollars &
nD Cents per ton
3-C 40 SY FOR REMOVALAND DISPOSAL
OF CONCRETE DRIVEWAYS
AND SIDEWALKS, ~nclud~ng saw
cuffing
~,P~e,n , Dollam &
~ ~ Cents per ton
972134010 00300-3
DESCRIPTION OF ITEMS
BID UNIT AMOUNT
ITEM QTY UNITS WITH BID PRICES WRITTEN IN
WORDS PRICE BID
8 3 20 SY FOR FURNISHING AND PLACING
CONCRETE PAVEMENT,
complete In place for
~l,j._.~.~ Dollars &
r~ ~) Cents per sq yd $ :~,~D_~.D $ ~q~) ~
8 3A 20 SY FOR FURNISHING AND PLACING
CONCRETE SIDEWALK, complete
in place for
f~ Centspersq yd $ '~2D-~/) $ b/"/~
SP-37 5,104 LF TRENCH SAFETYAND
SUPPORT, complete m place for
-J['z~J z9 Dollars &
/3/~ Centsperhnearfoot $ ~,~ ~ $
1 09 1 LS TRENCH SAFETY DESIGN,
complete ~n place for
~ Dollars &
/3/) Cents per lump sum $/~)D~(J'~'~ $1DDD
972134010 00300-4
BID DESCRIPTION OF ITEMS UNIT AMOUNT
ITEM QTY UNITS WITH BID PRICES WRITTEN IN
WORDS PRICE BID
3 12 1 LS FOR FURNISHING, INSTALLING
AND MAINTAINING EROSION
CONTROL DEVICES, complete in
place for
Dollars &
/")/~ Cents per lump sum $/~/~)D~)
8 1 1 LS FOR INSTALLATION AND
MAINTENANCE OF TRAFFIC
CONTROL DEVICES, complete m
place for
~~ Dollars &
nD Centsperlumpsum $ 2~D~-'~ $ ~.~DD~-'~
1 lO 2 EA FOR FURNISHING AND
INSTALLING PROJECT S,GN,
complete ~n place for
~~_ Dollars &
Ft O Cents per each $ .-~'~ $
TOT^LAMOUNT
972134010 00300-5
,IUL-01-19~9~ ~.4~ FROr,1 BI? 5ec3 454~ TO 91o~4~a~,973~. P B1
Cade~ead S~effler Insur~oe ~Y ~D ~s ~ nl~ ~ ~ ~,~
Bedford, ~ 76095
AMa~land Llo~ Instate Co~y
Bowles ~ne~o=ion Co, Inc BNa=ional S~anda~ Ins. C~y
PO B~ 1764
Wiohi=a Falls, ~ 76307
CNo~he~ In~ur~
A ~msw~ BP~2013899 11/01/97 11/01/98 ~*~ans~*m
~~ ~ ~,~um ~, 000,000
~2S03 , t~*s~f~ ~00,000
~ ~NV~ ~m~D~$KuMr ~ ~ 0~0 ~ 000
-- ~DUL~D ~
_ B2~c ~2/~0
C ~mw~ ~GSOTO268 " 2~/02/97
~a~ i~, 000,000
~ UMBn~A~mM ~mmn~ ;1,000,000
C ~~O TC868070219 11/01/97 11/01/98
~mo~ ~, 00P, 0,00
~m~ ~ ~= n~.~u~ ~, 000,000
0m~,~me~ ~ Blk~ WOB/30 P~.~ ~1., 000,000
Addt=ional Insured on a prt~ ~d non ~n=rtbu~o~ ~sts on ~he ~neral
(See At=ach~ StiPule. )
221 N. Blm
Den=on ~ 76201 ..........-
JUL-Bi-lO98 86 44 ~RI~ 81'~ 58 4~4c:J TO 9194B~J497302 P ~
Li~ili~ and a~ ~ttio~l I~ed on ~he Auto polio. Waist of
S~ro~a~ion ts in~lude~ on Work Co~ poliO.