1998-215AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF A PUBLIC WORKS CONTRACT FOR THE ECTOR STREET WATERLINE IN THE
AMOUNT OF $297,230 50, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE (BID # 2222 - ECTOR STREET WATERLINE
AWARDED TO CIRCLE C CONSTRUCTION IN THE AMOUNT OF $297,230 50)
WHEREAS, the City has sollmted, received and tabulated competitive bids for the
construction 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 herem described bids are the lowest responsible bids for the constmcUon of the public works or
improvements described in the bid invitation, bid proposals and plans and spemficat~ons therem,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS
~ That the following competitive bids for the construction of pubhc 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
2222 CIRCLE C CONSTRUCTION $297,230 50
~ 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 m the Notice to Bidders including the timely execution of a written
contract and furmsbang of performance and payment bonds, and insurance certificate after
notification of the award of the bid
~ 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 herem, provided that such contracts are made in accordance
with the Notme to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
condmorts, plans and spemficatlons, standards, quantities and specified sums contmned therem
~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the publm works and ~mprovements as authorized here~n, the C~ty Cotmc~l
hereby anthonzes the expenditure of funds ~n the manner and ~n the mount as specffied ~n such
approved b~ds and anthonzed contracts executed pursuant thereto
~ That tlus ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED th~s the ]~/f--'~ day of /~~,1998
JA~f~'IrLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2222 ECTOR CONTRACT ORDINANCE
JUl 2 ? 1998
CITY OF DENTON
LEGAL DEPT
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 4 day of AUGUST 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
W1LI.IAM J. SCHULTZ, INC. DBA CIRCLE "C" CONSTRUCTION COMPANY
5OO W. TRAMMELL
FORT WORTH, TX 76140
of the City of FORT WORTH 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 attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID # 2222 - ECTOR STREET 16" WATERLINE
in the amount of $297,230.50 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 spe¢ffied above, m accordance with the conditions and prices stated in the Proposal
attached hereto, and m 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, blueprmts, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively ewdence and constxtute the entire contract
Independent Status
It ts mutually understood and agreed by and between C~ty 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, w~thholdmg, social
security taxes, vacanon or s~ck leave benefits, worker's compensation, or any other City
employee benefit City shall not have superwston and control of Contractor or any employee
of Contractor, and ~t ~s expressly understood that Contractor shall perform the serwces
hereunder aecordmg to the attached specfficatlons at the general dlrectxon of the C~ty Manager
of the C~ty of Denton, Texas, or his designee under th~s agreement
Indemnification
Contractor shall and does hereby agree to mdenmtfy and hold harmless the Ctty of
Denton from any and all damages, loss, or habfi~ty of any kind whatsoever, by reason of injury
to property or third persons occastoned by any error, onusston or neghgent act of Contractor,
zts officers, agents, employees, lnvttees, and other persons for whom ~t ~s legally hable, with
regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the Ctty of Denton against any and all such clatms and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for tts
construction and enforcement shall he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshcd
for the start of work as set forth tn written nottce to commence work and complete all work
wzthm the tune stated zn the Proposal, subject to such extensions of t~me as are prowded by the
General and Special Condtt~ons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, whmh forms a part of th~s contract, such payments to be subject to the
General and Spemal Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
m the year and day first above written,
ATTEST
WILLIAM J. SCHULTZ~ INC.~ DBA
CONTRACTOR
CIRCLE "C~CONS~CTION COMPANY
P. O. Box 40328
Fort Worth~ TX 76140
MAILING ADDRESS
(817)Z93-1863
PHONE NUMBER
(817)293-1967
FAX NUMBER
TITLE PRESIDENT
WILLIAM J. SCHULTZ
APPROVED AS TO FORM PRINTED NAME
CITY ATTOR~
EA
L)
CA - 3
BOND NO. 5924624
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
WILLIAM J SCHULTZ, INC , DBA
KNOW ALL MEN BY THESE PRESENTS That CIRCLE "C" CONSTRUCTION COMPANY
whose address ns 500 W. TRAIVIMI~LL, FORT WORTH, TX 76140, hereinafter called
Principal, and SAFI~CO INSURANCE COMPANY OF ~CA , a corporation orgamzed and
ex~stmg under the laws of the State of WAb-'HINGTON, and fully authorized to transact business
m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a
mumc~pal corporation orgamzed and ex~stmg under the laws of the State of Texas, hereinafter
called Owner, m the penal sum of TWO HUNDRED NINETY SEVEN THOUSAND TWO
HUNDRED THIRTY and 50/100 DOLLARS ($ 297,230.50) 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 ~dent~fied Contract, ~n
lawful money of the Umted States, to be pard m Denton County, Texas, for the payment of
which sum well and truly to be made, we hereby brad ourselves, our he,rs, executors,
admmtstrators, successors, and assigns, jointly and severally, firmly by these presents Th~s
Bond shall automatically be ~ncreased 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 price decrease the penal sum of th~s
Bond
THE OBLIGATION TO PAY SAME ~s condtttoned as follows Whereas, the
Principal entered into a certain Contract. identified by Ordinance Number 98-215, w~th the
City of Denton, the Owner, dated the 4 day of AUGUST A.D 1998, a copy of which is
hereto attached and made a part hereof, for BID #2222-ECTOR STREET 16" WATERLINE
NOW, THEREFORE, d the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of smd Contract ~n
accordance w~th the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, w~th or w~thout not,ce
to the Surety, and during the hfe of any guaranty or warranty required under th~s 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 sa~d Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, d the
Principal shall repatr and/or replace all defects due to faulty materials and workmanship that
appear w~thm a per~od of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, ff the Prmclpal shall fully ~ndemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of fadure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
~ncur m making good any default or deficiency, then th~s obhgat~on shall be void, otherwise, ~t
shall remam m full force and effect
PB- 1
PROVIDED FURTHER, that If any legal action he 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, ere
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 m Denton County to whom any reqmsae nouces 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 m 4 copies, each one of whmh
shall be deemed an original, this the 4 day of AUGUST 1998.
ATTEST' PRINCIPAL
WILLIAM J. SCHULTZ, INC., DBA
CIRCLE "C"/~ONSTR~CTION COMPANY
SECRETARY / / PRESiDB4qT, W~jI~LIAM J SCHULT
~ WITNESS AS TO SURETY: SURETY
SAFECO ~I~NS/~IRANCE COMPANY OF AMERICA
BY
C~ N. KLUTTS' _
ATTORNEY-¥N-FACT /
SHERYL A. KLUTTS
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME JOHN A. MILLER & ASSOCIATES, INC.
STREET ADDRESS. 234 EMMA STREET, FORT WORTH, TX 76111
(NOTE Date of Perfor~nance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name.)
PB - 2
BOND NO. 5924624
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
WILLIAM .]. $CHULTZ, INC., DBA
KNOW ALL MEN BY THESE PRESENTS That CIRCLE 'C" CONSTRUCTION COMPANY
whose address is 500 W. TRAMMELL, FORT WORTH, TX 76140, hereinafter called
Principal, andSAFECO INSURANCE COMPANY OF AMERICA, a corporatzon organized and
ex~stmg under the laws of the State of WASHINGTON , and fully authorized to transact
business In' the State of Texas, as Surety, ar~ held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or tmprovements hereinafter referred to, In the penal sum of
TWO HUNDRED NINETY SEVEN THOUSAND AND TWO HUNDRED THIRTY and
50/100 DOLLARS ($ 297,230.S0) m 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
brad ourselves, our heirs, executors, admlmstrators, successors, and ass,gns, jotntly 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 condmoned as follows. Whereas, the Pr,nclpal
entered rote a certain Contract, identified by Ordinance Number 98-215, with the City of
Denton, the Owner, dated the 4 day of AUGUST A.D. 1998, a copy of which ,s hereto
attached and made a part hereof, for BID//2222 -ECTOR STREET 16" WATERLINE
NOW, THEREFORE, ff the Principal shall well, truly and faithfully perform its duues
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supply,ng labor and/or material zn the prosecution of the Work prey,dod for m 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 obhgatlon
shall be void, otherwise it shall remain m full force and effect
PROVIDED FURTHER, that If any legal action be filed on thts 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 tune, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficat,ons,
Drawings, otc, accompanying the same, shall m anywise affect Its obhgat~on on this Bond,
and ,t does hereby waive notice of any such change, extension of tune, alteration or addition to
lhe terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, otc
PB - 3
Thts Bond ts gtven pursuant to the prov,stons of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The unders,gned and designated agent ~s hereby destgnated by the Surety hereto as the
Resident Agent ,n Denton County to whom any requmte nouces may be del,vered and on
whom serv,ce of process may be had in matters ans,ng out of such suretyship, as prowded by
Arucle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument ts executed m 4 copies, each one of which
shall be deemed an ong,nal, thts the 4 day of AUGUST, 1998.
ATTEST PRINCIPAL
CIRCLE "C" GONSTRUI~HON COMPANY
BY
J. SCHULTZ
~Jj~j~ WITNESS AS TO SURETY: SURETY
CYNTI~IA N. KLU'I'I'~S
ATTORNEY.IW-FACT
SHERYL A. KLUTrS
The Restdent Agent of the Surety in Denton County, Texas for dehvery of notice and service
of the process is
NAME JOHN A. MHLER & ASSOCIATES, INC.
STREET ADDRESS 234 EMMA STREET, FORT WORTH, TX 76111
(NOTE' Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
BONDS & CONTRAC'I'S
PB - 4
SAFECO INSURANCE cOMPANY OF AMERICA
GENERAL INSURANCE cOMPANY OF AMERICA
POWER HOME OFFICE SAFECO PLAZA
OF ATTORNEY SEATTLE wASHINGTON 98185
® No __ '/498
KNOW ALL BY THESE pRESENTS
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
HARVEY, Fort Worth
cor~oreUon does each hereby aoootnt '
~"JOH~ A M~LLER, sHERYL A KLUTTS, JOHN A M~LLER I{ K R
~ts true and lawful afforney[s)-m-fa¢~ with ful~ authoritY to execute on ~ts behalf fldehty and surety bo~ds or undertakings and other
documents of ~ s~mflar eharaDter msued ~n the oourse of its business and to bind the respective company thereby
IN WITNESS wHEREOF~ SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have eaoh
executed and attested these presents
~9 96
th~s _ 26th _ day of _ JanuarX -
CERTIFICATE
Extra=t from the By-L.ws of ~AFECO iNSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA
"Art~=~e V Section 13 - FIDELITY AND SURE~ BONDS the President any V~=e President the Se=rarefy and any Assistant
President appmnted for that purpose by the offl=er m =barge of sure~ operations sha~l ea=h have authon~ to appoint mdw~duals as
at~omeys-~n-fa=t or unde~ othe~ approprl~e t~fles W~th authOn~ to axe=ute on behatf of the =ompany fidelity and surety bonds and
othe~ do=uments of similar =haracter issued by the =ompany in the =ourse of ,ts business 0n any ~nstrument making or er,dancing
su=h appointment the s~gn~ureS may be affixed by faommfle On any ~nstrument =onfe~nng su=h authority or on any bond or undertaking
of the =ompany the seal. or a fa=s~mfle thereof may be ~mpressed or affixed or ~n any othe~ manner ~eprodu=ed provided however
th~ the seal sha~ not be neoessary to the vahd~ of any su=h instrument or unde~kmg"
Ex~aot from a Reso~utmn of the Board of Dire=tors of SAFECO iNSURANCE COMPANY OF AMERICA
and of GENERAL iNSURANCE COMPANY OF AMERICA adopted Jury 2B lg70
"On any =ertlflcate axe=uteri by the Secre~ry or an assistant se=retry of the Company se~mg out (~} The provmions of A~flo~e V Se=t~on 13 of ~e By-Laws and
(.) A copy of the power-of-~orney appointment exeouted pursuant thereto
(m) Certifying th~ smd power-of-a~orney appmntment ~s m full force and effect
the s~gna~u~e of the =erflfy~ng offloer may be by faommfle, and the seal of the Company may be a facs~m,~e thereof"
~ R A P~erson Secretary of 5AFECO INSURANCE COMPANY OF AMERICA an~ of GENERAL iNSURANCE coMpANY OF AMERICl
do hereby certify th~ the fo~egomg extra=ts of the By-Caws and of a Reso~utmn of ~he Board of D,re=to~s of these corpor~ons
of a power of A~orney issued pursuant theretO, are t~ue and =or.act and that both the By-LawS the Resotutmn and ~he power c
Attorney are std~ m fu~ forge and effeo~
I" WITNESS WHEREOF, I h~' hereunto set my hand and affixed th~estmfle eeat of said o~rat,On 19
-
~':T~ W~, )~X~ ~ Registered trademark of SAFECO Cofpora
S 9?41EP 1193
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain Information,or make a complaint Para obtanef Informaclon o para someter una que]a
You may call the company's toll free telephone number Usted puede Ilamar a] numero de telefono gratis de la
Iof Information or to make a cornplalnt at companla para Informaclon o para someter una queJa al
1-800- 472-4455 1-800- 472-4455
You may contact the Texas Department o1 Insurance to Puede comunicarse con el Departamento de Seguros de
obtain Information on companies, coverages, rights or Texas para obtaner Inlormaclon acerca de companlas,
complaints at coberturas, derechos o queJas al
1,800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance Puede escriblr al Departamento de Seguros de Texas
P,O Box 149104 P O Box 149104
Austin, TX 787 ! 4-9104 Austin, TX 78714 9 t 04
FAX · (512) 475477! FAX · (512) 475-177t
PREMIUM OR CLAIM DISPUTES Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS' SI tlene
dispute concerning ,your premium or about a claim you una dlsputa concernlente a su prima o a un reclamo,
should contact the,agent or the company first I1 the debe comunicarse con el agente o la companla primate
dlsput0 Is not reselved, you may contact the Texas SI no so resuelve la dlsputa, puedo entonces
Department of Insurance comunlcarso con el Departamento do Seguros do Texas
A'~-rACH THiS NOTICE TO YOUR POLICY This notice UNA ESTE AVISO A SU POLIZA Este avlso es solo
Is for lnlorma[Ion only and does not become a pall or para proposlto de Informaclon y no se convlerte en parte
cond~bon of the attached document o cond~clon del documento sdjunto
Prescribed bythe State Board ollnsurance Ordenado per el conseJo Estatal de Directures de
Elfect~ve May 1, 1992 Seguros, Effecbvo el 1 de Mayo 1992
_ACORD. 08 18 98
; THIS CERTIFICATE IS ISSUED AS A MA IIt:~ OF INFORMATION
pRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
JOHN A MILLER & ASSOCIATES, INC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O BOX7214 COMPANIES AFFORDING COVERAGE
:ORT WORTH, TX 76111-0214
COMPAre' MARYLAND LLOYDS
PHONE (817) 834-7111 FAX (817) 834-7115 A
CO~P^NY NORTHERN INSURANCE COMPANY OF NEW YORK
INSURED WILLIAM J SCHULTZ, INC DBA a
CIRCLE "C" CONSTRUCTION COMPANY, ET AL
P O BOX 40328 C --
FORT WORTH, TX 76140
:~EDRI~ IAF'~cE AOT E MAY BE SSUED OR MAY PERTAIN THE INSURANCE AFFORDED B Y THE POLiCIES_D..E_S .C,?B..? .DiMH sEREIN tS SUBJECT TO ALL THE TERMS
~ ~ ~ ~ GENERALAGGREGATE $ 2 000 000
GENERALLIABIMTY =ROOUCTS COMPIOPAGG $ 2~000~000
ICLAIMS MADE ~'~ OCCUR EPA 22992722 08/12/98 08/12/99 PERSONAL & ADV INJURY $ 1;000r000
EACH OCCURRENCE $ 1 r000,000
'~' iNCLUDES CG2503,~.~.__ MEDEXP
B -- ALL OWNED AUTO8 WAA 22992797 08/12198 08/12/99
~ ~ ~ ~ 5 000 000
B X~ UMBRELLA FORM CON 85873397 08/12/98 08112/99 AGGREGATE $ 5,000,000~_
PROJECT BID #2222,- ECTOR STREET 16 WATERLINE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY OF DENTON 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
PURCHASING DEPARTMENT .
901B TEXAS STREET IBUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ia directed to the Insurance raquzrements below. It Is highly
recommended that bidders oonfer with their respective insurance carriers or brakers
to determine ,n advance of Bid submission the avmlabii,ty of insurance oertJflcatas
and endorsement8 aa prescribed end provided hera~n. If an apparent Iow bidder falls
to oomply strictly with the Insurance requirements, that bidder may be disqualified
from award of the oontract. Upon bid award, all insurance requirements shall
become contractual obliger/one which the auccessfuJ bidder shall have a duty to
maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or I,ab~l,tles of the Contractor, the
Contractor shell provide and mmntaln until the contracted work has been completed
and accepted by the C,ty of Denton, Owner, the. m;n~mum ~nsurance coverage as
,nd,cared hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purches,ng Department satisfactory certificates of ~nsurance, containing the b~d
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clanf, oat~on of any ~nsurance requ~raments at any
time, however, Contractors are strongly advised to make such requests prior to bid
opemng, since the insurance requirements may not be modlf,ed or wa,ved after bid
opening unless a written exception has been submitted w~th the b,d Contractor shaft
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 ~nsurance policies proposed or obtained ,n satmfact;on of these requ,rements shall
comply with the following general specifications, and shall be mmnta,ned
compliance w~th 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 ~n the
State of Texas with an A.M. Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared ~n the b~d
proposal If requested by the City, the insurer shall reduce or ehm~nate
such deductibles or self-insured retentions w,th respect to the City,
officials, agents, employees and volunteers; or, the contractor shall procure
e bond guaranteeing payment of losses and related ~nvestlgat~ons, cla,m
administration and defense expenses
AAA003~0
REVIEED 10/12/94
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
· bond guaranteeing payment of Fosses and related ~nvestlgstlons. ctaim
administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
ee Name as additional Insured the City of Denton, Its Officials, AgenTs,
Employees and volunteers.
ee That such Insurance is primary to any other Insurance available to ~he
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 Ilabll,ty
· All pollcms shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non-renewal or reductlen in coverage.
· Should any of the required Insurance be provided under a olaims-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 fo,m cf 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 Mobility Insurance.
· Should any required Insurance lapse during the contract term, requests for
payments orlglnstlng 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,
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance pohcles proposed or obtained ~n satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
m compliance with these additional specifications throughout the duration of the
Contract, or longer, if ac noted:
General Liability Insurance:
General Liability insurance w,th combined single bm,ts of not less than
1.000.000 shall be provided and maintained by the contractor. The pohc /
shall be written on an occurrence basis either m a single policy or m a
combination of underlying and umbrella or excess policies.
If the Commercial General L~abllity form (ISO Form CG 0001 current
edition) ts used
· Coverage A shall include premises, operations, products, and
completed operations, mdepenc[ent contractors, contractual hab~hty
covering this contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ts not required
If the Comprehensive General ~,ablhty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ts used, it shall include at least
· Bodily injury and Property Damage Llaolhty 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 habd~ty and broad form
property damage liability
[X] Automobile Uabillty Insurance:
Contractor aha, provide Commercial Automobile LJablhty insurance with
Combined Single Limits (CSL) of not less than 1.000.000 either ~n a single
policy or ~n a combination of basic and umbrella or excess pohcms The policy
will ~nclude bodily Injury and property damage liability arising out of the
AAA00350
Insurance Requ,rements
Page 4
operation, maintenance and use of all automobdes and mobde equ,pment ustc
~n conjunction wnh this contract
Satisfaction of the above requirement shall be ~n the form of a pohc.
endorsement for'
· any auto, or
· all owned, hired and non-owned autos
IX] Workere Compensation Insurance
Contractor shall pumhase and mmntmn Worker's Compensatmn ~nsurance
which, ~n add,ton to meeting the minimum statutory requirements for ;ssuancs
of such ,nsurence, has Employer's hab~hty bm;ts of at least $100,000 for each
acc;dent, $100,000 per each employee, and a $500,000 policy limit for
occupatmnal disease. The City need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all rights of subrogation agmnst the C~ty,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured. For budding or construct;on projects, the
Contractor shall comply w~th the prows;cna 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).
Owner's and Contractor's Protective Uability Insurance
The Contractor shall obtmn, pay for and mmntmn at all times dunng the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability ~nsurence policy naming the City as ~nsured for property
damage and bodily ~njury which may arise ~n the prosecution of the work or
oontrector's operations under this contract Coverage shall be on an
'occurrence" bas;s, and the policy shall be ~aaued by the same insurance
company that carries the contractor's habd~ty insurance. Policy hm~ts wdl be at
least comb;ned boddy ~njury and property damage per occurrence
with a aggregate.
[ ] Fire Damage Legal Uability Insurance
Coverage m required ~f Broad form General Idab;hty ~s not prowded or Is
unavadable to the contractor or ~f a contractor leases or rents a portion of a
City budding hmits of not less than each occurrence are required
~ws~o ~o~a4 CI - 4
Insurance Requirements
Page 5
[ ] Professional I-lability Insurance
Professional liability Insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection w~th
professional servlcas Is required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provfded. Such policy shall Include as "Named Insured" the City
Denton and all subcontractors aa their Interests may appear
Additional Insurance
Other ~nsurance may be required on an individual basis for extra hazardous
contracts and specific service agreements If such additional insurance ~s
required for a specific contract, that requirement wlJl be described ~n the
"Specific Conditions" of the contract specifications
AAA0031~0
.EWSED ~o.~/94 CJ - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[×] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A Deflnmons'
Cert~flcste of coverage ("certificate"}-A copy of a certificate of insurance, a
certificate of authority to self-insure taaued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TVVCC-83, or TWCC-84),
showing statutory workers' compensation Insurance coverage for the
person's or enflty's employees prowdmg services on a project, for the
duration of the project.
Duration of the project - includes the time from the begmmng of the work
on the project until the contractor's/pereon'swork on the project has been
completed and accepted by the governmental entity
Persons prowding services on the project ("subcontractor" in §406.096) -
,ncludes all persons or entitles performing all or part of the services the
contractor has undertaken to perform on' the project, regardless of whether
that person contracted directly w~th the contractor and regardless of
whether that person has employees. This includes, w;thout limitation,
Independent contractors, subcontractors, leasing compames, motor
carnere, owner-opwstore, employees of any such entity, or employees of
any entity which furnishes persons to prowde services on the prelect.
"Services" Include, w~thout Ilm;tstion, prowdmg, hauling, or del~ver;ng
equipment or materials, or prowd~ng labor, transportation, or other serv;ce
related to a project. 'Serv;cee" does not include activities unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
dehvery of portable toflsts.
B The contractor shall prowde coverage, based on proper reporting of
claas~flcstlon codes and payroll amounts and filing of any overage
agreements, wh;ch meets the statutory requ;rements of Texas Labor Code,
Sect;on 401.011 (44) for all employees of the contractor providing services
on the project, for the durstmn of the project
C The Contractor must provide a certificate of coverage to the governmental
entity pnor 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
AAA003ff0
R~WSEO ~on~;4 C! - 6
Insurance Requirements
Page 7
E. The contractor shall obtain from each person prowdlng services on a
project, and provide to the governmental entity
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, s 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 ~n writing by certified
mall or personal dehvery, within 10 d~ys after the contractor knew or
should have known, of any change that materially effects the prov,s,on of
coverage of any person providing services on the project
H The contractor shall post on each project site a notice, ~n 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
The contractor shall contractually require each person w~th whom ~t
contracts to provide services on a project, to
(1) provide ooverage, 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 ~te employees providing serv,ces 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 ooverage showing that coverage ~s 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
AAAO03110
Insurance RequJraments
Page 8
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;
(4) obtain from each other person with whom it contracts, and prowde 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, ~f the coverage period
shown on the current certificate of coverage ends dunng the
duration of the project;
(5) reta,n all requlrad cemflcatss of coverage on file for the duration of
the project and for one year thereafter;
{8) notify the governmental entity ~n wntlng by certified mall 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 cemflcates of coverage
to be provided to the person for whom they are providing services
J By signing th,s 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
wdl 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
w~ll be filed wJth the appropriate ~nsurance carrier or, in the case of a self-
~nsurad, with the comm,ss,on's Division of Self-Insurance Regulation
Providing false or misleading ~nformat~on may subject the contractor to
admm~stretive penalties, cnmlnal penalties, clv,I penalties, or other clwl
actions.
K. The contractor's failure to comply w~th any of these provisions ,s a breach
of contract by the contractor which entities 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.
AAAOO3EO
ECTOR ST 16" WATERLINE BID TABULATION SHEET Work Days so
Bid No 2222
PO No
Item Description Unit Price Total
Remove Concrete Pavement 25
Umt Pnce In Words
3-C Remove Concrete Dnves& Walks 48 $
Umt Pnce In Words
/LS
Umt Pnce In Words
9 Sod 177 $
12 ' Erosion Control
Umt Pnce In Words ~a~'~. ~ '*'~//~o o
5-A 2" Au' Release Valves 1
Umt Pnce In
Unit Pnce In Words
3 ' 6" 48
Umt Price ~ Wo~ d '~ o
SP-2 Concrete Saw Cut 138
Umt Pnce ~ Wo~s
Rock Excavation 50
Umt Pnce ~
SP-37 Excavaaon Pmt~aon 3916
EFFECTIVE 3/15/98 P 4
ECTOR ST 16" WATERLINE BID TABULATION SHEET Work Days
Bid No ..2, 222
PO No __~__
Item Description Quantity Unit Przce Total
SP-39 2 $ ~c-O~
Umt Price ,~ ~ ~
SP-42 e ~tack 15 o o
/EA
Umte Price In W, ~ ~.--, .~-~ -'
SP-43 ~ut 9620 $ o? o o $/902
Unit Pnce In Words '~
7 SqOO /EA
Umt Pnce In Word~ ~ ~
Miscellaneous ~ o o
Umt Pnce ~
TOTAL
EFFECTIVE 3/15/98 P 5
I~n~_~__e,_a_v_e~nt_.,o?..~..~_._e .award of _a contract to the undersigned, the
· ,-==~nmu w~a =urnLsn a performance bond and a payment bond for
the full a~ount of the contract, to secure proper compliance With
~ ~nu acceptance, a~a =o g~arantee
· urn~snea ~n ~e ~u~f~llmen2 of ~e con,ac2.
It is understood ~at ~e work proposed to be done shall be
accepted, when fully aompleted and finished in accordance with
plans and specifications, to ~e satisfaction of ~he Engineer.
T~e undersigned cer~if~es that ~e bid prices contained ~n this
proposal have been carefully ~ecked and are submit~ed as co,eot
and final.
Unit and lump-s~ prices as sho~ for each item listed
proposal, shall control over e~ensions.
CO~CTOR
S~reet Address
C~ty and
Seal a Authorization
(If a Corpora~ion) ~/] J ~3-/~W ~
~elephone
B - i