1998-217 O INANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE A~VARD
OF A PUBLIC WORKS CONTRACT FOR THE KERLE¥ STREET WATERLINE IN THE
AMOUNT $826,041 00, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE (BID # 2233 - KERLEY STREET WATERLINE
AWARDED TO BOWLES CONSTRUCTION IN THE AMOUNT OF $826,041 000)
WHEREAS, the City has solicited, received and tabulated competitive bids for thc
construction ofpubhc works or improvements m accordance w~th the procedures of STATE law and
C~ty ordanances, and
WHEREAS, the Caty Manager or a desagnated employee has received and recommended that
the hereto,described bids are the lowest responsible bids for the eonstmctaon of the pubhc 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 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 Ptarchasmg Agent filed accordang to the bid number asmgned hereto,
are hereby accepted and approved as being the lowest responsable bids
BID
NUMBER CONTRACTOR AMOUNT
2233 BOWLES CONSTRUCTION $826,041.00
$]~CTION II That th~ acceptance and approval of the above competmve bids shall not
constitute, a contract between the City and the person submitting the bid for construction of such
pubhc works or ~mprovements l~erein accepted and approved, tmtfl such person shall comply with
all reqmr~ments specified m the Notice to Bidders including the t~mely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certificate after
noUfieatIon of the award of the'bid
SECTION IH That th~ City Manager is hereby authorized to execute all necessary written
contracts t~or the performance o~the construction of the public works or ~mprovements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
w~th the Nottce to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quanmIes and specified sums contained thereto
~ That upon acceptance and approval of the above competmve bxds and the
execution of contracts for the pubhe works and improvements as authorized here~n, the C~ty Council
hereby authorizes the expendature of funds in the manner and in the amount as specified m such
approved b~ds and authorized euntracts executed pursuant thereto
~_~4T. LQ_..N~ That this ordinance shall become effective ~mmedtately upon its passage and
approval
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2233 KERLI~Y CONTRACT ORDINANCE
,~Itl~ ~, ? 1998
CiTY OF DENTON
LEGAL DEPT
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into th~s 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
BOWLES CONSTRUCTION
1634 EASTSIDE DRIVE
WICHITA FALLS, TX 76302
of the C~ty of WICHITA FALLS County of WICHITA and State of TEXAS, hereinafter
termed "CONTRACTOR"
WITNESSETH That for and m cons~deratlon of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the cond~uons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID # 2233 - KERLEY STREET WATERLINE
~n the amount of $826,041.00 and all extra work in connecUon therewith, under the
terms as stated in the General Conditions of the agreement, and at h~s (or their) own proper
cost and expense to furmsh all materials, supphes, machinery, eqmpment, tools,
superintendence, labor, insurance, and other accessories and serwces necessary to complete the
work specified above, ~n accordance w~th the conditions and prices stated in the Proposal
attached hereto, and m accordance with all the General Condmons of the Agreement, the
Special Condmons, the Not,ce to B~dders (Advertisement for B~ds), Instrucuons to B~dders,
and the Performance and Payment Bonds, all attached hereto, and ~n
CA- I
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specfficatlons therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between C~ty and Contractor that
Contractor as an independent contractor and shall not be deemed to be or consadered an
employee of the City of Denton, Texas, for the purposes of income tax, w~thholdmg, socaal
security taxes, vaeauon or sink leave benefits, worker's compensation, or any other Caty
employee benefit Caty shall not have supervasmn and control of Contractor or any employee
of Contractor, and at as expressly understood that Contractor shall perform the servaces
hereunder according to the attached specfficaUons at the general d~rectlon of the City Manager
of the Caty of Denton, Texas, or h~s designee under thas agreement
Indemnlficatlun
Contractor shall and does hereby agree to mdenunfy and hold harmless the Caty of
Denton from any and all damages, loss, or habihty of any kind whatsoever, by reason of injury
to property or third persons occasaoned by any error, omission or negligent act of Contractor,
ars officers, agents, employees, mvttees, and other persons for whom It as legally liable, wath
regard to the performance of th~s Agreement, and Contractor wall, at ~ts cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for ats
construction and enforcement shall lie m 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 m written notice to commence work and complete all work
wathm the tune stated m the Proposal, subject to such extensions of time as are prowded by the
General and Special Condmons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, whach forms a part of thas contract, such payments to be subject to the
General and Special Condmons of the Contract
CA - 2
IN WITNESS WHEREOF, the parUes of these presents have executed thxs agreement
in the year and day first above written ~
ATTEST
0 ' (stoL) d
. __ _ Bowles Construction Company
CONTRACTOR
~ur& ~h~lMa~ ~_~o~ 1634 Eastside Drive
Wichita Falls, TX 76303
PO Box 1764
Wichita Falls, TX 76307
MAILING ADDRESS
4940)766-3518
PHONE NUMBER
(940)766-3564
FAX NUMBER
TITLE ~'~
R E Bowles, President
APPROVED AS TO FORM PRINTED NAME
C1T~Y ~ATTO~Y~ .._.,~ (SEAL)
CA - 3
PERFORMANCE BOND
BOND NO 1366406
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION,
whose address ,s 1634 EASTSIDE DroVE, WICI~$~L~X,r~,7/~Ac~e~,~e~
called Principal, and F~ ~T ~NS~ ~ ~' ffff~iit~6~b%~m/ff-h-rid
ex~stmg under the laws of ~e State of ~ , and ~lly authorized to transact business
m the State of Texas, as SureW, are held ~d dray bound unto the C~W of Denton, a
mumc~pal co.oration orgamzed and existing under the laws of the State of Texas, herema~er
called Owner, m ~e penal sum of EIG~ ~D TWENTY SIX THOUS~
FORTY O~ and no/100 DOLLA~ ($ 826,041.00) plus ten percent of the stated penal sum
as an addmonal sum of money representing addmonal court expenses, attorneys' fees, and
llqmdated dmages arising out of or co~ected w~th the below ~dentffied Contract, m law~l
money of the Umted States, to be prod m Denton Count, Texas, for ~e payment of wMch
sum well and truly to be made, we hereby b~nd ourselves, our he~rs, executors, admlmstrators,
successors, and assigns, jointly and severally, dray by these presents Th~s Bond shall
automatmally be increased by the mount of ~y Change Order or Supplemental Agreement
whmh ~ncreases ~e 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 ~s condmoned as follows Whereas, ~e
Principal entered into a certain Contract, ldentffied by Ordinance Number 98-217, w~ ~e
C~ty of Denton, the Owner, dated the 4 day of AUGUST A D 1998, a copy of whmh ~s
hereto attached ~d made a part hereof, for BID g 2233- ~EY ST~ET WATE~I~.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of smd Contract m
accordance with the Plans, Specfficat~ons and Contract Documents during the ongmal term
thereof and any extenston thereof which may be granted by the Owner, w~th or without notme
to the Surety, and dunng the hfe of any guaranty or warranty reqmred under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, condmons
and agreements of any and all duly authorized modfficat~ons of smd Contract that may
hereafter be made, notice of whmh modfficattons to the Surety being hereby wmved, and, ;f the
Prmmpal shall repmr and/or replace all defects due to faulty matermls and workmanship that
appear within a period of one (1) year from the date of final compleUon and final acceptance of
the Work by the Owner, and, if the Principal shall fully lndemmfy 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 whmh the Owner may
incur in making good any default or defimency, then th~s obhgat~on shall be vmd, otherwise, ~t
shall remain m 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 tnne, 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 tnne, 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 apphcable 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 ans,ng out of such suretyship, as provided by
Article 7 19-I of the Insurance Code, Vernon's Annotated C.vll 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 4 day of AUGUST 1998.
ATTEST' PRINCIPAL
BY
PRESIDENT
CLE~F~ LES(~, A~fORNEY-IN-FACT
BY ~ ~x~ ~ ~ST S~ INS~ ~
By. ~ ~ t _.~ A~ORNEY-IN-FACT
~ F ~S~
The Resident Agent of ~e Sure~ m Denton CounU, Texas for dehvery of not~ce and serwce
of ~e process ~s
NAME P~ ~ ~ING A~ 972-221-9448
ST~ETADD~SS 206 ~ S~I', g105, ~IS~r.I.E~ ~S 75057
(NO~ Date of Pe~ormance Bond must be date of Contract If Resident Agent ~s not a
co~orat~on, g~ve a person's name )
PB - 2
PAYMENT BOND
BOND NO. 1366406
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION,
whose address m 1634 EASTSIDE DRIVE, WICHITA FALLS. TX ~6S3u~hercmaflct
called Principal, and FAR WEST INSURANCE COMPANY & ,AMWE{T ~t,~
existing under the laws of the State of NEBRASKA , 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, f'mns, and corporations who may furmsh materials for, or
perform labor upon, the building or unprovements hereinafter referred to, in the penal sum of
EIGHT HUNDRED TWENTY SIX THOUSAND AND FORTY ONE and no/100
DOLLARS ($ 826,041.00) in lawful money of the United States, to be paid in Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease
the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, ldentlfied by Ordinance Number 98-217, with 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 # 2233 - KERLEY STREET WATERLINE.
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 m said Contract
and any and all duly authorized modifications of smd 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 ume, 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
PB - 3
This Bond is given pursuant to the provisions 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 here~n as the
Resident ,Agent m Denton County to whom any requmte notices may be delivered and on
whom segwce of process may be had In matters arising out of such suretyship, as prowded by
Artmle 7 19-1 of the Insurance Code, Vernon's Annotated Cxwl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed m 4 coples, each one of whlch
shall be deemed an original, th~s the 4 day of AUGUST, 1998.
ATTEST: PRINCIPAL
SECRETARY BY
PRESIDENT
ATTEST: SURET/~ FAR ~EST~INSURANCE COMPANY
CL~ LESCH, A~-IN-FA~
BY ~0~ ~ ~ST S~ INS~ ~
AT~NEY-I~-FACT ~
The Resident Agent of the Sure~ m Denton County, Texas for dehvery of notme and servme
of ~e process is
NAME P~ ~ ~/NG ~ 972-22~-9448
ST~ETADD~SS 206 ~ s~r ~05t ~ts~t,t,~, ~ 75057
(NOTE ,Date of Payment Bond must be date o:f Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
2233 BONDS&CONTRACTS
PB - 4
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX ~(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
A~-i'ACH THIS NOTICE TO YOUR POLICY:
This not~ce ls for information only and does not become a part or
condition of the attached document.
LIMITED POWER OF ATTORNEY
Amwest Surety Insurance Company
Far West Insurance Company
Expiration Date 06/15/00 POWER NUMBER 0000903014
This document ts pnnted on Wh~t~ paper contalmng the artificial watermarked logo ( ~' ) of Amwest Surety Insurance Company on the front and brown security paper
on the back Only unaltered originals of the Ltrmtad Power of Attorney ("PEA") are vabd This PeA may not be used m conjunction vnth any other PeA No
representatmns or warranties regarding this PeA may be made by any person This PeA ~s governed by the laws of the State of Nebraska and Is only vahd untd the
expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the Company ) shall not be hable on any hmatad PeA whmh ~s
fraudulendy produced, forged or otherwise thstnbuted w~thout the perrmsston of tbe Company Any party concerned about the vabd~ty of this PeA or an accompanying
Company bond should call your local Amwest branch office at (972) $03-6925
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporaUon and Far West Insurance Company a Nebraska corporanon
(collectlvelytbe Company ), do hereby make, constttote and appoint
Pauline L Lesch
Clem F Lesch
Gary Matula
Steven J Zinecker
As Employees of PCL CONTRACT BONDING AGENCY
~ta true and lawful Attorney re,fact, v~th hmKed power and authority for and on behalf of the Company as surety to execute deliver and affix the seal of the company thereto
Ifa seal ts reqmred on bonds, undertakings, recogmzances, reinsurance agreement for a Miller Act or other performance bond or other written obbganons In the nature thereof
as follows
All Bonds up to $10,000,000 00
and to fund the company thereby This appomtment is made under and by authority of the By Laws of the Company which are now in full rome and effect
I the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporation, DO HEREBy
CERTIFY that this Power of Attorney remains tn full force and eftect and has not been revoked and furthermore, that the resolutmns et'the Board of D~rectors of both Amwc~t
Surety Insurance Company and Far West Insurance Company set forth on th~s Power of Attorney and that the relevant provmons oftha By Laws of each company are now
BondNo 1366406 Stgned&sealedtfus 4thdayof August 1998 tau
* * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * *
This PeA Is signed and sealed by faeslrmle under and by the authority of the follovnng resolutions adopted by the Board of D~rectors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983
RESOLVED, that the president or any Vice Premdent, m colljunetlon wqth the Secretary or any Assistant Secretary rosy appoint attorneys in fact or agents with
authority as defined or hrmted m the instrument evidencing the appointment In each case, for and on behalf of tbe Company to execute and dehver and affix the seal of the
Company to bonds undertaknlss, recogmzanees, and suretysfup obhgatmns of all kinds and smd officers tray remove any such attorney In fact or agent and revoke any PeA
previously granted to such person
RESOLVED FURTHER, that any bond, undertakms, recogmzance, or suretysfup obhgatmn shall be vabd and brad upon the Company
when slg~led by the President or any %ce President and attested and sealed (ifa seal be reqmred) by any Secretary or Assistant Secretary or
It, l) when stgned by the Pres,dent or any Vice Pres,dent or Secretary or Asststant Secretary, and counters,gned and sealed (tfa seal be requ,red) by a duly
authorized attorney m fact or agent, or
(ill) when duly executed and sealed 0f a seal be required) by one or more attorneys in fact or agents pursuant tu and wRhm the limits of the autbertty
evidenced by the power of attorney tssued 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 facstrmle to any POA or cerbficat~on thereof
author:zing the exeeuhon and debv~ry of any bond, undertafung reeogntzanee or other suretyship obbgat:ons of the 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 West Insurance Company hove caused these present to be s~gned by ~ta proper officers and ~ts
corporate seals to be hereunto affixed this 12th d~);ecemb~ g
State of Cahfurnm
County of Los Angeles
On December 12, 1997 before me, Peggy B LoRon Notary Pubhc, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me
on the bas~s of satisfactory exadenee) to be the person(s) whose name(s) ts/are subscribed to the wthm instrument and acknowledged to me all that he/she/they executed the
same tn hls/her/tbe~r authorized capacity(tea), and that by h~s/~er/thelr signature(s) on the instrument the person(s) or the enuty upon behalf of whxch the person(s) acted
°
4 con Gl dm uU6.1 f
~,7,,,.~ ~ ),x~ ~" ~,, ,*, ¥*'[ 5230 Las Vlrgenes Road Calabasas, CA 91302 1EL 818 871-2000
L
~,EINeURANGE AGREEMENT IN FAVOR OF
Olreot Wridng ComPany IA. Oa~ O1~ W~ng ~ny ~'~ Thts Ag~ment
Au~st 4, 1998
FAR WESI INSURANCE COMPANY
5230 LAS V[RGENES ROAD
CALABASAS, C~ 91302 NEBRASKA
~lns~ng ~mpany ~ Amount o~l~ Reth~umn~
$176,041.00
AMWEST SURET~ INSURANCE COMPANY ~m Oam ~l~umn~ ~ny ~ ~tsAg~mmnt
5230 LAS VIRGENES ROAD
CALABASAS, C~ 91302 Au~st 4, 1998
~G 5~ of Intonation
NEBRASKA
3A De~p~ of BaRd ~, P~,
In=ludlng Obllg~ $826,041.00
CI~ OF D~N ~G Da~ofBond
WAT~I~ Au~st 4, 1998
p~~ ~ PA~ ~ ~O Bo.d Numar
1366406
3G D~dpbonofObllg~ 3E PHnci~l
CI~ OF D~N
3F 8m~ ofln¢o~mbon ~fCo~m~ ~n~paO
AGREEMENT
(a) The Direct Writing Company named above is. bound es · surety to the above.named obitgee, on the bond det~tpad above, wherein the above-
named ts the principal The bond IS given for the protection of the obllgee and the Direct Wffdng Company hms applied to the above Reinsuring
Company to be reinsured and counter-ssour~ In the amount shown opposite the name of the Reinsuring Company (refon'eq to aa the 'Amount of this
Reinsurance'), or for whatever amount less than the 'An~unt of this Reinsurance' the Direct Writing Company IS liable to pay under or by virtue of the
bond
(b) For a ~um mutually agreed upon, paid by the Direct Writing Company to the Reinsuring Company which ed~owteqgea ~ receipt, the perUe~ to thls
Agreement ~venant end agree th the tem~, and ~clltion~. of this agreement.
TERM8 AND CoNOmON$
The purpose and intent of this agreement ia to guarantee and indemnify the obllgee aOair~t ides under the bond to the extent of the 'Amount of this
THEREFORE
(1) if the Dth~t Writl~ Company falls to pay any default under the bond equal to or in e×~ess of the 'Amount of this Relnaurence,' the Reinsuring
Company covenants and agme~ to pay to the obllgee the 'Amount of this Reinsurance ' if the Direct W~ng Company faits to pay to the obll~ae any
default for a aura less than fie 'Amount o~ thl~ Re[nauranco,' the Reinsuring Company covenants and agree~ to pay to the obllgee the full amount of
the defa. ult, or ~o much thereof fiat la not paid to the obtigee by the Direct Writing Company
(2) The Reinsuring Company further covenants and agrees that in case of default on the I~ond for the 'Amount of this Reinsurance,' or more, the
obl~ge~ may sue the Reinsuring Company for ~ 'Amount of this Reinsurance' or for the full amount of the default v,~en the default la ts~ than the
"Amount of this Reinaureno$ '
W~THE$S
The Direct Writing Company and the Reinsuring Company, respectively, have caused this Agreement to be aign~ and Impre~ed wr..h their real:~ctIva
corporate seals by officere possessing power to ~l~n this Instrument, and to I~ duly a~ated to by officers empowered thereto, on the day and date
above v,~ten opposite their respective names
(1~ '~ ~ (2)AtLe~.t.$igna. tum
Corporate
(1) N~ and T~
~.~ F. ~ B~Y ~B
A~-IN-FA~ S~Y
~i~udng ~ny ~ST S~ INS~
(1) ~lg~m
BID SUMMARY
TOTAL BID PRICE IN WORDS.
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
Street Address
- city and State
Seal & Authorization
(If a Corporation)
Telephone
B - 1
Kerley 20" Waterhne BID TABULATION SHEET Work Days 70
Bid No 223~
PO No
21 Contractors Warrant~es and Understandtngs ILS ] $ I~/~)~/IO/LS $%~...,~,.~I:
Umt Price In Words ~.~.c:::~X<;~'~
12-A 6" Water Line [ 449 LF $
Umt Price In Words ~~x ~
12-B 20" Water L~ne I 8230 LF $
Umt Price ~ Words ~~ ~xM~
12-C 12" S~t~ Sewer ' 12 LF $ ]~O,O~F
Umt Pnce In Words ~ ~~ ~~~
128 DuctflelronF~ttmgs [ 5460 LB $ ~.D~ ~B $~
Umt Price In Words ~~
12 9-A 28" Gau~e 7 Steel Cas~n~ [ 67 LF $ ~O, GO ~F $~
Umt P~ ~ Wo~d~ ~K~
12 9-B 28" Gauge 7/0 Steel Camng 238
Umt Price ~ Words ~'~ ~
g13 1-A TappangSleeve~dValve 1 EA $ ]~,~A
13 1-B 20" Gate Valve 3 EA $
Umt ~ ~ Wo~d~ ~ ~x~~
14 F~reHy~tAssembly 3 EA $ I~,DO~A $~
16-A 1" Water Se~me (Pubhc) ~ 2 EA
u~t ~, ~n Wo~ds ~~~X~~~
16-B Water Semme (Pubhc) 1
umt P~, ~n Word~ ~ X~ ~~
216-C Water Se~ce (Private) J 18 LF
P3
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B,dder's attention ;s directed to the insurance requ,rements below It Is h;ghly
recommended that bidders confer w~th their respective ,nsurance carriers or brokers
to determine ,n advance of Bid subm,ssion the ava,lab,l,ty of ,nsurance cert,flcates
and endorsements aa prescnbed and provided here,n If an apparent Iow b~dder fa,Is
to comply stnctly w;th the ,nsurance requ,rements, that bidder may be d~squalifled
from sward of the contract Upon bid award, all ,nsurence requirements shall
become contractual obhgatmns which the successful b,dder shall have a duty to
ma,ntam throughout the course of th,s contract
STANDARD PROVISIONS:
W~thout hm~tmg any of the other obhgat~ons or habd~tms of the Contractor, the
Contractor shall prowde and maintain unt;I the contracted work has been completed
and accepted by the City of Denton, Owner, the m~n;mum insurance coverage as
~ndmated hereinafter
As soon as pract;cable after notification of b;d award, Contractor shall file w~th the
Purchas;ng Department satmfactory certificates of ~nsurance, conta~mng the b;d
number and t~tle of the project Contractor may, upon written request to the
Purchasing Department, ask for clanflcat;on of any ~nsurance requ;rements at any
t~me, however, Contractors are strongly adv;sed to make such requests prior to bid
opening, s~nce the ;nsurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted w~th the b~d Contractor shall
not commence any work or dehver any material unt;I he or she rece,ves notification
that the contract has been accepted, approved, and s~gned by the City of Denton
All ~nsurance pohcms proposed or obtained ~n satlsfactmn of these requirements shall
comply w;th the following general specifications, and shall be ma;ntalned ~n
comphance w~th these general specifications throughout the duratmn of the Contract,
or longer, ~f so noted
· Each pohcy 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 City, the insurer shall reduce or ehm~nate
such deductibles or self-~nsured retentions w~th respect to the City, ~ts
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related ~nvestlgat~ons, claim
administration and defense expenses
AAA00350
Insurance Reqmrements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
admm~stration and defense expenses
· L~abillty policies shall be endorsed to prowde the following:
e® Name as additional insured the CJty of Denton, its Offic~als, Agents,
Employees and volunteers.
e® That such insurance is primary to any other ~nsurence 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 ~s made or suit is brought. The ~nclusion of more than one
insured shall not operate to ~ncrease the ~nsurer's limit of Ilabthty
· All pohc~es shall be endorsed to prowde thirty(30) days prior written notice
of cancellation, non-renewal or reduction m coverage
Should any of the required insurance be prov,ded under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, w~thout lapse, for a period of three years beyond
the contract exp~retlon, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
· Should any of the required insurance be provided under a form cf coverage
that ~ncludes 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 e~ther double the occurrence limits or
obtain Owners and Contractors Protective Llab~hty Insurance
· Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the CJty
receives satisfactory ewdence of reinstated coverage as required by th~s
contract, effective as of the lapse date If insurance ~s not reinstated, C~ty
may, at ~ts sole option, terminate this agreement effective on the date of
the lapse.
REVISED 10112J94 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance pohcms proposed or obtained ~n satmfactmn of this Contract shall
addmonally comply w~th the following marked spec~f,catmns, and shall be maintained
~n comphance w~th these add~tmnal spemflcat~ons throughout the duration of the
Contract, or longer, ~f so noted
IX] A General Liability Insurance'
General Lmb~hty insurance w,th combined s~ngle hm~ts of not less than
1,000.000 shall be prowded and maintained by the contractor The pohcy
shall be written on an occurrence basra e~ther m a s~ngle pohcy or ~n a
combination of underlwng and umbrella or excess pohcms
If the Commercml General L,abJhty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall ~nclude premises, operatmns, products, and
completed operations, ~ndependent contractors, contractual habd~ty
covenng th~s contract and broad form property damage coverage
· Coverage B shall ~nclude personal injury
· Coverage C, medmal payments, ~s not requ,red
If the Comprehenmve General L~ab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
· Bodily ~njury and Property Damage Lmb~hty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explomon, collapse
or underground (XCU) exposures
· Broad form contractual hab~hty (preferably by endorsement)
covenng th~s contract, personal ~njury hab~hty and broad form
property damage hab,hty
IX] Automobile Liability Insurance.
Contractor shall prowde Commercml Automobile Lmb~hty ~nsurance w~th
Combined S,ngle L~m~ts (CSL) of not less than 1.000.000 either ~n a s~ngle
pohcy or ~n a combination of bamc and umbrella or excess pohcms The pohcy
w~ll ~nclude bodily ~njury and property damage hab~hty ansJng out of the
AAA00350
.EWSED ~o/~2/94 CI - 3
Insurance Requirements
Page 4
operation, maintenance and use of all automobiles and mobile equipment used
In conjunction w~th this contract
Satmfactlon of the above requirement shall be ~n the form of a pol~c,/
endorsement for
· any auto, or
· all owned, hired and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which, ~n addition to meeting the mlmmum statutory requirements for ~ssuance
of such ~nsurance, has Emplo,/er's Lmb~l~ty I~mlts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy I~m~t 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 C,t,/,
~ts 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 w~th the prows~ons of Attachment 1 m accordance
with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the
Texas Worker's Compensation Commms~on (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the
prosecution of the work under this contract, an Owner's and Contractor's
Protective L~abll~ty ~nsurance policy naming the C~t,/ as ~nsured for propert,/
damage and bodily ~njury which may anse ~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 habll~ty insurance Pohcy I~m~ts w~ll be at
least combined bodily ~njury and property damage per occurrence
with a aggregate
[ ] Fire Damage Legal L~abllity Insurance
Coverage ~s required ~f Broad form General L|ab~ht,/ ~s not prowded or ~s
unavailable to the contractor or ~f a contractor leases or rents a portion of a
CIt,/building L]m~ts of not less than each occurrence are required
AAAO0350
REVISED 10/12/94 Gl - 4
Insurance Requirements
Page 5
[ ] Professional Liability Insurance
Professional Imb~l~ty Insurance w~th limits not less than per claim
with respect to negligent acts. errors or omissions ~n connection w~th
professional services ~s required under th~s Agreement
[ ] Builders' Risk Insurance
Builders' Risk Insurance. on an AII-R~sk form for 100% of the completed value
shall be prowded Such polmy shall include as "Named Insured" the C~ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an ~nd~wdual bas~s for extra hazardous
contracts and specific serwce agreements If such additional ~nsurance ~s
required for a specific contract, that requirement w~ll be described ~n the
"Specific Conditions" of the contract specifications
AAA00350
,EWSE~ ~0~2~94 CI - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[X] Worker's Compensation Coverage for Bu.ldlng or Construction ProJects for
Governmental Entlt~es
A Deflmt~ons
Certificate of coverage ("cert~f~cate")-A copy of a certificate of ~nsurance, a
certificate of authority to self-~nsure ~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 entlty's employees providing services on a project, for the
duration of the project.
Duration of the project - ~ncludes the time from the beglnmng 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" m §406 096) -
includes all persons or ent~tms 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, without hm~tat~on,
independent contractors, subcontractors, leasing compames, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to prowde serwces on the project
"Services" ~nclude, w~thout hm~tat~on, prowdmg, hauling, or dehvenng
equipment or materials, or providing labor, transportation, or other serwce
related to a project "Services" does not ~nclude act~wtms unrelated to the
project, such as food/beverage vendors, office supply dehverms, and
dehvery of portable toilets
B The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and flhng 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 prowde a certificate of coverage to the governmental
entity pnor to being awarded the contract
D If the coverage penod shown on the contractor's current certificate of
coverage ends dunng the duration of the project, the contractor must, pnor
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended
AAAO0350
R~WS~D ~0~2~94 CI - 6
Insurance Requirements
Page 7
E The contractor shall obtain from each person prowdlng serwces 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 w~ll have on file certificates of
coverage showing coverage for all persons prowdlng serwces 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 notify the governmental entity In wntmg by certified
mall or personal dehvery, w~th~n 10 days after the contractor knew or
should have known, of any change that materially affects the prows~on of
coverage of any person prowd~ng serwces on the project
H The contractor shall post on each project s~te a notice, ~n the text, form
and manner prescribed by the Texas Workers' Compensation Commlsmon,
mform~ng 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 w~th whom ~t
contracts to provide services on a project, to
(1) prowde coverage, based on proper reporting of class~flcatmn codes
and payroll amounts and flhng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of ~ts employees providing serwces 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 ~s being
: prowded for all employees of the person prowdmg serwces on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage period, a new
AAA00350
REVISED 10/12/94 CI - 7
Kerley 20" Waterline BID TABULATION SHEET Work Days 70
Bid No 2233
PO No
3-B Remove Concrete Curb & Gutter 65
Hint Price In Words ~~
Umt Price In Words ~
1 Pr~atlon of ~ght of Way [ LS
umt ~ m Word~ ~k~~%~,
9 Sod ~ SY
3 12 Tempor~ Erosion ConSol ' [ ~ LS $
Umt Price ~ Words ~~~Xx~~
5-A 2-~nch ~ Release Valve [ 3 EA $
umt P~o~ ~ Word~
54 28" Bgnng [ 467 LF $
Un~ P~ ~ Wo~d~ ~~~X~~
7 4 5 Class A Concrete Enc~ement [ 15 SY $
UmtP~mWo~d~ ~~
7 6-A ~stall Concrete M~ole (4' I D ) ' [ I EA $
76-B ~stal~ConcreteDropM~ole(4'ID) [ 1 EA $~3~ OB~A
g 1 B~qades, W~ng S~s ~d Deto~s [ LS $ ~0~,0~ ~S [ $ ~DO
umtP~ m Wo~d~ ~~
? 2-A ~st~l Concrete Curb & Gu~er 507 LF $
~ umt P~ m Wo~d~ ~~
P4
Insurance Requ,rements
Page 8
certificate of coverage showing extension of coverage, ~f the
coverage period shown on the current certificate of coverage ends
dunng the duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and prowde to
the contractor
(a) a certificate of coverage, prmr 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 per~od, ~f the coverage period
shown on the current certificate of coverage ends durlng the
duratmn of the project,
(5) retain all required certificates of coverage on fde for the duratmn of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified ma~l or personal
dehvery, w~th~n 10 days after the person knew or should have
known, of any change that mater~ally affects the prowslon of
coverage of any person prov,d~ng services on the project, and
(7) contractually require each person w~th whom it contracts, to perform
as required by paragraphs (1) - (7), w~th the certificates of coverage
to be prowded to the person for whom they are prowdmg serwces
J By s~gmng th~s contract or prov,dlng or causing to be prowded a certificate
of coverage, the contractor ~s representing to the governmental entity that
all employees of the contractor who will prowde serwces 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 carrier or, ~n the case of a self-
~nsured, w~th the commmmon's D~wslon of Self-Insurance Regulation
Prowd~ng false or mmleadlng ~nformatmn may subject the contractor to
admlmstrat~ve penalties, criminal penaltms, mwl penaltms, or other c~wl
actions
The contractor's fadure to comply with any of these prowslons is a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
w~thln ten days after receipt of notice of breach from the governmental
entity
AAA00350
.~WS~D ~o/~/~ CI - 8
Kerley 20" Waterline BID TABULATION SHEET Work Days 70 ,
Bid No 2233
PO No
83-A [Concrete Driveway 6" 56 [ SY
Umt Pnce ~ Words ~x~,~~
3-B 14" Concrete S~dewam x [ 13 SY [$
UmtV~mWo~d~ ~~
3-C B~er Free Access R~p 1 EA $
Um, V~ ~ Word~ ~~ ~
SP-2 Concrete Saw Cut 218 LF $
Umt Price ~ Words ~~ ~XX~
sP4 Waterhne Lowenng [ 1 EA $ ~KD O~A $ 75D OD
Umt Price In Words ~~~~%
SP-10 Rock Excavation 50 CY $
Umt Price ~ Words
6708 $
Umt Pnce In Words
$ $
Umt Pnce In Words
$ $
Umt Pnce In Words
TOTAL
P5
Bedford, TX 76095
~ A~a ~an~ Llo ds Insura~
Bowles Co~st~ctto~ Co, Inc.
PO ~ox 1764 sNa~oaal gtanda~ Ins. Company
Wichiua Falls, TX 76307
ONgrthe~
2~
UBA68070268
TC868070219
Insures on a -ri- ..... ~ ........ =ee~s are