1998-281 O ANCE NO °/
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF A PUBLIC WORKS CONTRACT FOR A BORE AND INSTALLATION OF 18" CASING
AND CONDUIT ON LOOP 288, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2262 BORE AND
INSTALLATION OF 18" CASING AND CONDUIT LOOP 288 AWARDED TO DICKERSON
CONSTRUCTION IN THE AMOUNT OF $16,800 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction ofpubhc works or improvements m accordance with the procedures of STATE law and
City orchnances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the constructmn of the public works or
improvements described m the bid mmtatlon, bid proposals and plans and specfficatlons there~n,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the follov~ng competitive bids for the construction of public works or
~mprovements, as described ~n the "B~d Invitations", "Bid Proposals" or plans and specifications on
file m 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 b~ds
BID
NUMBER CONTRACTOR AMOUNT
2262 DICKERSON CONSTRUCTION $16,800 00
SECTION II That the acceptance and approval of the above competitive b~ds shall not
constitute a contract between the C~ty and the person submitting the b~d for construction of such
pubhc works or improvements herein accepted and approved, until such person shall comply w~th
all reqmruments specified ~n the Notice to Bidders lncluchng the t~mely execution of a written
contract and furmshmg of performance and payment bonds, and ~nsurance certificate after
notificat~on of the award of the bxd
~ That the City Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the construction of the pubhc works or ~mpmvements in accordance
w~th the b~ds accepted and approved hereto, prowded that such contracts are made ~n accordance
w~th the Notme to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specificat~ons, standards, quantities and specified sums contained there~n
~ That upon acceptance and approval of the above compet~tlve b~ds and the
execution of contracts for the public works and improvements as authorized hereto, the C~ Councd
hereby authorizes the expenditure of funds m the manner and in the amount as specified m such
approved b~ds and authorized contracts executed pursuant thereto
SECTION V That th~s ordinance shall become effective tmmechately upon its passage and
approval
PASSED AND APPROVED th~s the /5~-~day of~~998
JAC~/LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2262 BORE & INSTALLATION OF 18" CASING & CONDUIT LOOP 288 CONTRACT ORDINANCE
ATTACHMENT # 1
TABULATION SHEET
BID # 2262
B~D NAME Bore Cro,~slng Loop 288 ~nstell Dlckereon Circle C Duval & THT, INC
18" Casing & Conduit Const Const Sone
t20' Bore Crossing, Loop 288
~nstell t 8" casing & =ondult $16,800 O0 $36,000 O0 $38,040 O0 No Bid
3
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15 day of SEPTEMBER A.D.,
1998, by and between CITY OF DENTON of the County of DENTON and State of Texas,
acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do,
hereinafter termed "OWNER," and
DICKERSON CONSTRUCTION CO.
P.O. BOX 181
CELINA TX 75009
of the City of CELINA County of COLLIN and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID g2262 - BORE AND INSTALLATION OF 18" CASING AND CONDUIT LOOP 288
in the amount of $16,800.00 and all extra work in connection therewith, under the
terms as stated xn the General Conditions of the agreement, and at h~s (or their) own proper
cost and expense to furmsh all materials, supplies, machinery, equipment, tools,
superintendence, labor, msurance, and other accessories and services necessary to complete the
work specified above, m accordance with the conditions and prices stated in the Proposal
attached hereto, and m accordance with all the General Cond~tions 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 ~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 Specifications therefore, as prepared by
ENGINEERING AND TRANSPORTATION
all of whlch are made a part hereof and collectively ewdence 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 income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general d~rectlon of the C~ty Manager
of the City of Denton, Texas, or his designee under th~s agreement
Indemnification
Contractor shall and does hereby agree to mdenm~fy and hold harmless the C~ty of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
its officers, agents, employees, mvltees, and other persons for whom ~t ~s legally liable, w~th
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such clamas and demands
Chmce of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for ~ts
construction and enforcement shall l~e 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
w~thm the tune stated ~n the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subJeCt to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
m the year and day first above written
ATTEST
., ~, /-.1 - (.,/.,,
'," 0 ' ' (S~AL>,:3
ATTEST
. .,ff~-~,~
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
?~zl . gSz- zo ~.?
FAX NUMBER
TITLE
APPROVED AS TO FO~ P~NTED NAME
~~~ (SEAL>
CITY ATTOR~Y'
CA - 3
PERFORMANCE BOND
BO~ NO. 202684
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION,
whose address is P.O. BOX 181, CELINA, TX 75009, heremafter called Prmclpal,
and a~tTi~RO FIV,~ XNSOm~N¢~. COMPANY a corporation orgamzed and
ex~stmg under the laws of the State of TEXAS, and fully authorized to transact busmess m the
State of Texas, as Surety, are held and fmnly bound unto the C~ty of Denton, a mumclpal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of SIXTEEN THOUSAND EIGHT HUNDRED and no/100
DOLLARS ($16,800.00) plus ten percent of the stated penal sum as an additional sum of
money representmg additional court expenses, attorneys' fees, and liquidated damages ar~smg
out of or connected with the below identified Contract, m lawful money of the Umted States,
to be pa~d m Denton County, Texas, for the payment of which sum well and truly to be made,
we hereby bind ourselves, our hexrs, 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 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 is condlUoned as follows Whereas, the Principal
entered rote a certain Contract, identified by Ordinance Number 98-281, with the C~ty of
Denton, the Owner, dated the 15 day of SEPTEMBER A.D. 1998, a copy of whxch is hereto
attached and made a part hereof, for BID # 2262 - BORE INSTALLATION OF 18"
CASING & CONDUIT LOOP 288.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, cond~tmns and agreements of saxd Contract m
accordance with the Plans, Specifications and Contract Documents durmg the ongxnal term
thereof and any extensxon thereof which may be granted by the Owner, with or without notlce
to the Surety, and during the life of any guaranty or warranty reqmred under this Contract, and
shall also well and truly perform and fulfill all the undertalangs, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, ff the
Prmclpal shall repair and/or replace all defects due to faulty materials and workmanship that
appear withm a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Prmcxpal shall fully ~ndemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
hereto and shall fully reunburse and repay Owner all outlay and expense which the Owner may
incur ~n malang good any default or deficiency, then thxs obhgatxon shall be vo~d, otherwise, it
shall remain ~n full force and effect
PB - 1
pROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue s~all lie tn Denton County, State of Texas
~ND PROVIDED FURTHER, that the said Surety, for value received, hereby
supulatCs and agrees that no change, extension of tune, alteration or addition to the terms of
the Col~tract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawm ;s, etc, accompanying the same, shall tn anywise affect its obligation on th~s Bond,
and it d )es hereby wmve notice of any such change, extension of tune, alteration or addition to
the ten as of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specific atlons, Drawings, etc
'['h~s Bond m g~ven pursuant to the provisions of Chapter 2253 of the Texas
Govern ~ent Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and demgnated agent m hereby designated by the Surety hereto as the
Remderg Agent m Denton County to whom any reqmmte notices may be dehvered and on
whom ierwee of process may be had tn 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 tn 4 each one of which
copies,
shall beI deemed an original, th~s the 15 day of SEPTEMBER 1998.
ATTESI -. PRINCIPAL
~-~--~ ~ ~ DICKERSON CONSTRUCTION COHPANY, INC.
PRESIDENT
ATT.~ SURETY
ItARTFO~ FIRE INSURANCE COMPANY
~'Y ~S~ Wn'l~SS ATTORNEY-tN-FACT R6SAL't~I I). I~ASSI~LL
The Re~dent Agent of the Surety m Denton County, Texas for delivery of nouce and service
of the p~ocess Is
NAMEt P.C.L. Insurance Agency, Inc.
STREE~ADDRESS 206 Elm Street, Ste. 105, Lewisville, Texas 75067
(NOTEI Date of Performance Bond must be date of Contract If Restdent Agent Is not a
corpor~tton, gtve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS § Bos9 No. 202684
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION,
whose a~ldress is P.O. BOX 181, CELINA, TX, 75009, hereinafter called Principal, and
BARTFO~III) FIRE ]E~ISURANCF. COHPANY , a corporation organTzed 'and
exlstmg ~nder the laws of the State of TEXAS, and fully authorized to transact busmass m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal
corporation orgamzed and ex~stmg under the laws of the State of Texas, hereinafter called
Owner, !and unto all persons, firms, and corporations who may furmsh materials for, or
performllabor upon, the bulldmg or tmprovemeins hereinafter referred to, m the penal sum of
SIXTEEN THOUSAND EIGHT HUNDRED no/100 DOLLARS ($16,800.00) m lawful
money qf the Umted States, to be pa~d m Denton, County, Texas, for the payment of wlnch
sum wel! and truly to be made, we hereby bmd ourselves, our he,rs, executors, administrators,
successor's, and assigns, .lomtly and severally, firmly by these presents This Bond shall
automaucally be increased by the amount of any Change Order or Supplemental Agreement
which ~gcreases 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 is conditioned as follows Whereas, the Prmclpal
entered ~nto a certain Contract, ~dentified by Ordinance Number 98-281, w~th the City of
Denton, the Owner, dated the 15 day of SEPTEMBER A.D. 1998, a copy of which ~s hereto
attachedI and made a part hereof, for BID # 2262 - BORE INSTALLATION OF 18"
CASING & CONDUIT LOOP 288.
NOW, THEREFORE, ff the Prlncxpal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, frans, subcontractors, corporauons and clannants
supplying labor and/or material m the prosecution of the Work provided for m said Contract
and any land all duly ainhonzed modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety bemg hereby expressly waived, then this obligation
shall be void, otherwise ~t shall remain m full force and effect
t~ROVIDED FURTHER, that If any legal action be filed on th~s Bond, exclusive venue
shall he In Deinon County, Texas
P~ND PROVIDED FURTHER, that the said Surety, for value received, hereby
stlpulate~ and agrees that no change, extension of tmae, alteration or addition to the terms of
the Con~ract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc, accompanylng the same, shall m anywise affect its obhgat~on on th~s Bond,
and ~t dqes hereby waive notice of any such change, extension of tnne, alteration or addmon 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 prowmons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and designated agent is hereby demgnated by the Surety here~n as the
Remdent Agent m Denton County to whom any reqmmte notices may be dehvered and on
whom service of process may be had m matters amsmg out of such suretyship, as prowded by
Arucle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument is executed an 4 copies, each one of which
shall be~deemed an original, this the 15 day of SEPTEMBER, 1998
ATTEST PRINCIPAL
DI6T~ERSON CONSTRUCTION COMPAq, INC.
SECII~ETAR~) ' ' BY
ATTEST SURETY
'
The RemdentAgent of the Suretym Denton County, Texas fordehvery of nouceand serwce
ofthe processes
NAME P.C.L Insurance Agency, Inc.
STREET ADDRESS 206 Elm Street, Ste. 105, Lewisville, Texas. 75067
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
2~2 CONTRACT& BONDS
PB-4
HARTFORD FIRE INSURANCE COMPANY
HaZard, Conneotlcut
POWER OF A1TORNEY
Know all men by rheas Pmaent~, That the HARTFORD FIRE iNSURANCE COMPANY, a corporation duly organized
under the~ laws of the State of Connanbout, and having b prinaipal offlea in the City of Hartford, County of Hartford State of Connecticut
does hereby make con~itute and appoint
BRUC~ C De~IART, ~DWARD I. MO01~, P.F. GI~VA M ~ ROYAL ~V D HA~LL
and DA VID I~ GROPPELL of HUJVIBLE, TEXAS
~ts true a~ d lawful Attorney(s) In Fact with full power and authad[y to each of said Attomey(s) in Fact in their separate capacity if mere
than one Is named above, to sign, exenute and a~f, nowledgs any and all bonds and undertakings and other writings obllgstory in the
nature th ~ranf on behalf of the Company in ~ bcalnase of guaranthstng the fidelity of paeans holding pla=se of publki or private trust
guarante, ,lng the padormanca of cantracf~ other than Icauranca bolloiss guaranteeing the pedormance of insurance contracts where
surety be ids ara acaepted by atetse and munkilpalltlca, and axe=utthg or guaranteeing bonds and undertakings required or permitted in
all action ~ or procaedkigs or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby se fully and to the
same ext ~nt as If ant, il bonds and undertakings and other wdtings obligatory in the nature thereof were signed by an Executive Officer of
the HAR: FORD FIRE INEURANCE COMPANY orrd sealed and attested by or~ other of such Officers and hereby ratifies and confirms
atl that Itt saki Atthmay(s)-In Fact may do in pursuance hera0f
TIlts power of attorney is granted by and under authority of the following previsions
(1) By [.awe adopted by the Stcakholdera of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly cstled and held on
thegthd yofMarah 1971
I ARTICLE IV
This ~r of ~dem~ la sl~ned and ~led by ~mlia under and by the authod~ of tha thllowlng R~olubon adopted by tha
Dlre~malof the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called end held on the 12th day of February, 1993
Id Wlthem~ ~emef, the HARTFORD FIRE INSURANCE COMPANY ha~ caused these presents to be signed by ~ Vlse-
Prealdent, and Its ~)]l~mte seal to he hereto afl,ed, duly attested by ~ 8seretery, this 1st day of May, 1996
Atleat I HARTFORO FIRE INSURANCE COMPANY
STATE OF CONNECTICUT ~ ~. Paul L Marabella
cou~ OF HAWm~qOt v~t
On thki f~t day of May, A~D 1995, before ma panmeelly came Paul L Marabol~a to me known who being ~y me duly sworn did depose
end sey/thst he resides In the County of HaZard, 8teth of Coneactlr, ut that he Is the Vice-Prestdent of the HARTFORD FIRE
INSURANCE COMPANY, the carpomtlon de~:flbed In and wh~th executed the above ~nstmment that he knows the seal of the said
=orporati¢n tl~t the seat affixed th the eeld instrument Is su=h corporate seal that it was se atf~xed by order of the Board of Directors of
said co~}3ratlea and that he signed his name thereto by like order
/
I,Ithe undersigned, 8anmtmy of the HARTFORD FIRE INSURANCE COMPANY a Connecticut Corporation DO HEREBY
CERTIFY that the forego ng atld attsehed POWER OF A1TORNEY remalca in ful force and has no been revoked anit furthamlore that
the Reseluitons of the Board of Dlra~ora, set forth In the power of Attorney am now in force
~lgnedandsealedattheCltyofHedford Datedthe 1.5'~ dayof .~'E~'[~'E~. 1998
ACORD. CERTIFICATE OF LiABILiTY INSURANCE i
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Elsey & AssociateB ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATE
Surety/Insurance ~gency, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR
8820 Will Clayton~kwy ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Humble TX 77338 COMPANIES AFFORDING COVERAGE
A National American Insurance
Phone No 281_-540-1555 FaxNe 281-540-7419 -
B
Dickerson Cot%struction Company COMPANY
Inca Lewis Dickerson, Indiv c
P 0 Box 18~
Celina TX 75009 D
COVERAGE8
COMMERCiALGENERALLIABiUTY PRODUCTS COMP/OPAGG S -
~ CLAIMS MADE ~'~ OCCUR PERSONAL & ADV INJURY $
A X ANYAUTO AUl1764421 09/01/98 09/01/99 __
X ALL OWNED AUTOS BODILY INJURy
WORKERSOO"PEN'^~'O" ~O 1'0"~'~ I IO~"" -- --
CITY OF DENTON. IT~ OFFICIALS, AGENTS. EMPLOYEES AND VOLUNTEERS.ARE
ADDITIONALLY INSURED NE BID %2262 BORE AND INSTALLATION OF 18 CASING AND
CONDUIT LOOP 288 INSURANCE IS PRIMARY
CERTIFICATE HOLDER CANCELLATION
215 E MaKinney
Denton TX 76201 OPANYKIND HECOMPA Y ~SAGENTSORREPRESENTATNE$
ACORD 2~S (1~6) ACORD CORPORATION 1988
PRODUCER EHPLOYERS ~;t;l ~.L XNS~C; ~OU~ [NC THIS CERTIFICATE IS ISSUED AS A MA~ER ~F INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CE~IFICATE
123 N Crocke~, su~e 6OO HOLDER THIS CERTIFICATE DOES NOT AMEND, ~END OR
Sher~n TX 75090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVE~GE
COMPANY OLD REP~LIC L~YDS OF TE~S
A
C
I D
THIS IS TO CERTI~ T~T THE POLICIES OF INSU~NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NO~ITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSU~NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
~CLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~IMS
X OWNERS&~NT~CTORSPRO~ EACH~CURRENCE $ 1 000 000
F[RE DAMAGE (Any one tire) $ 50 000
MED ~P (~y one pemon) $ 5 000
AUTOMOBILE LIABlU~ COMbiNED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUT~ BODILY INJURY $
SCHEDU~D AUTOS (Per per.n)
HIRED AUTOS BODILY INJURY $
NON OWNED AUTOS (Per accident)
PROPER~ D~GE $
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention Is directed to the Insurance requirements below. It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of Insurance certificates and
endorsements as prescribed and provided herein. If an apparent Iow bidder fails to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have e duty to mamtsln
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the mimmum insurance coverage as
indicated hereinafter.
As soon as practicable after notification of b~d award, Contractor shall file with the
Purchasing Department satisfactory certificates of ~nsurance, ccnta~mng the b~d
number and title of the project. Contractor may, upon wntten request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time~ however, Contractors ara strongly adwsed to make such requests prior to b~d
opening, since the insurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted with the b~d. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in sat~sfaction of these requirements shall
comply w~th the following general specifications, and shall be maintained m
compliance with these general spec~fications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shall be ~ssued 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 ~nsurer shall reduce or el,mmate
such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall proc~r~.
a bond guaranteeing payment of losses and related investigations, c!e --
administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
ee Name as additional Insured the City of Denton, its Officials, Agen~.
Employees and volunteers.
· · That such insurance Is primal/to any other insurance available to C.h,e
additional insured with respect to claims covered under the policy an:
that this insurance applies separatoiy to each Insured against whom
claim is made or suit la brought. The inclusion of more than one
Insured shall not operate to increase the ~nsurer's limit of liability.
· All pohcies shall be endorsed to provide thirty(30) days prior written no,ica
of cancellation, non-renewal or reduction in coverage.
· Should any of the required insurance be provided under a claims-mede
form, Contractor shall maintain such coverage continuously throughout th e
term of thle contract and, without lapse, for a period of three years beyonc
the contract expiration, such that occurrences arising during the contrac'.
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 Includes a general annual aggregate limit providing for claims
Investigation or legal defense coats to be included ~n the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective habdity Insurance.
· Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective ae of the lapse date. If insurance is not reinstated, City
may, at ~ts sole option, terminate this agreement effective on the dam of
the lapse.
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shaiJ
additionally comply with the following marked specifications, and shall be ma,ntamec
in compliance w~th these additional specifications throughout the duration of the
Contract, or longer, if so noted:
IX] A. General Liability Insurance:
General Liability insurance with combined single limits of not lass than
1,000,000 shall be provided and maintained by the contractor The pohc,/
shall be wnt~en on an occurrence basis either ~n a single policy or ~n a
combination of underlying and umbrella or excess policies
If the Commercial General Liability form (lBO Form CG 0001 current
edition) ~s used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual habd~ty
covering this contract and broad form property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive GeneraJ hablllty form (lBO Form GL 0002 Current
Edition and lBO Form GL 0404) is used, it shall include at least
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contrac-~, personal ~njury liability and broad form
property damage liability.
AAAO031~O
REVISEO 10112/94 C] - 3
Insurance Reclu~remen~s
Page 4
[×] Automobile Liability Insurance:
Contractor shall provide Commercml Automobile Liability insurance w~;.~
Combined Single Umlts (CSL) of not less than 1,000,000 either ~n a smg~e
policy or In a combination of bamc and umbrella or excess po;lcms. The pcl;c./
wdl include bodily Injury and property damage Ilab~hty arising out of the
operation, maintenance and use of all automobiles and mobile equipment use~.
In conjunction w~th this contract.
Satisfaction of the above requirement shall be ~n the form of a pol~c./
endorsement for:
· any auto, or
· eli owned, hired end non-owned autos
Workers Compensation Insurance
Contractor shall purchase and mamtmn Worker's Compensation insurance
which, in addition to meeting the m~mmum statutory requirements for ~ssuance
of such ~nsurance, has Employer's LtablI,W lim~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an "Add~tmnal Insured"
but the ~nsurer shall agree to wmve all rights of subrogation agmnst the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured. For building or construction projects, the
Contractor shall comply w~th the provisions of Attachment 1 ~n accordance
with §408.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtmn, pay for and maintain at all times dunng the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability Insurance policy naming the City as ~nsured for property
damage and bodily injury which may arise ~n the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAAO03$O
~-v,s.~ ~o,~.4 CI - 4
Insurance Requirements
Page 5
"occurrence" basis, end the policy shall be issued by the same insurance
company that carries the contractor's liability fnaurence. Policy limits wdl
at least combined bodily injury and property damage
occurrence w~th a aggregate.
Fire Damage Legal Uabliity Insurance
Coverage ia required if Broad form General Uabtllty is not provided or ~s
unavailable to the contractor or If a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are requ~re~,
[ ] Professional Uabillty Insurance
Professional liability Insurance w~th limits not less than per cfa~m
w;th respect to negligent acts, errors or om;ss;ons fn connection w;th
professional services Is required under this Agreement.
[ ] Builders' Risk insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided. Such policy shall ~nclude as "Named Insured" the C~ty of
Denton and ail subcontractors as thmr ~nterests may appear.
[ ] Additional Insurance
Other ~nsurence may be required on an ~ndlv~dual basis for extra hazardous
contracts and specific service agreements. If such addmonal ~nsurance ~s
required for 8 specific contract, that requ~remen! w~ll be described ~n the
"Specific Conditions" of the contract specifications.
REYtSED lo/12/o4 CI - 5
Insurance RequJrements
Page 6
ATTACHMENT 1
IX] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certlflcate"}-A copy of a certificate of Jnsurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (l'VVCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - Includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons prowding services on the project ("subcontractor" m §406.096) -
includes all persons or entities performing ail 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 IImJtadon,
Independent contractors, subcontractors, leasing compames, motor
carrmrs, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde serwces on the project.
"Services" include, without limitation, prowd;ng, hauling, or del.vermg
equipment or materials, or prowding labor, transportation, or other service
related to a project. "Services" does not tnclude actiwtles unrelated to the
prolect, such as food/beverage vendors, office supply deliveries, and
deIJvery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codea and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44} for all employees of the contractor prowdlng services
on the project, for the duration of the prolect.
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Insurance Requirements
Page 7
C. The Contractor mus~ provide a certificate of coverage to the governmen:=
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current cemficate or
coverage ends during the duration of the project, the contractor must, pr~=r
to the end of the coverage period, file a new certificate of coverage wm~
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
¢II a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates or
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, jf the coverage
period shown on the current certificate of coverage ends dunng the
duration of the project.
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified
mall or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the prowslon of
coverage of any person providing services on the project.
H. The contractor shall post on each project sxte a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commlssxon,
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.
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Insurance Requirements
Page e
I. The contractor shall contractually requJre each person wJth whom
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codas
and payroll amounts and filing of any coverage agreements, whzc.~
meets the statutory requirements of Texas Labor Code, Sec~on
401.011 (441 for all of Its employees prowding services on the pro]ac:,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on
project, a certificate of coverage showing that coverage ia bamg
provided for all employees of the parson providlng services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a ne,.'/
certificate of coverage showing extension of coverage. If the coverage
period shown on the currant certificate of coverage ends during The
duration of the project;
obta.n from each other person w~th whom .t contracts, and provide
the contractor:
(al a certificate of coverage, prior to the other parson begJnnmg
work on the project; and
~b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project;
{5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(6} notify the governmental entity m wntlng by certified mad or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provismn of coverage of any
person providlng services on the project; and
mwm~ *~on~,, C] - 8
Insurance Reclu~raments
Page g
(7) contractually require each person w~th whom ,t contracts, to perform
as required by paragraphs (1) - (7), wnh the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity thai:
all employees of the contractor who will provide services on the project
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-insured, with
the commission's Division of Self-Insurance Regulation. Providing false or
misleading Information may subject the contractor to admJnlstrat~ve
penalties, criminal penalties, ciwi penalties, or other ciwl actions.
K. The contractor's failure to comply with any of these prowswns ~s a breach
of contract by the contractor which e~tlties the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AA~OOallO
P~vmw ~o/~2~4 CI - 9
BID 'MMAR¥
In the ~vent of the award of a centra~ to the tmdemgned, the tmdemgned ~ fin'naa
performance bond and a payment bond for the full amount of the contras, to secur~
compliance w~th the terms and provisions of the contract, to insure and guarantee the work
final completion and ara:epmace, and to guarantee payment for all lawful ~launs for labor
performed and materials lumped m the fulfillment of tho contract.
It :s understood that the work proposed to be done shall be accepted, when fully completed
finished m accordance wUh the plans and spemficauons, to the ~-sfacnon of the E~gme~.
The tmdermgned c~dfies that the bid prices contained in tlus proposal have been
checked and are submitted as correct and final.
Umt and lump-sum prices as shown for each item listed m th:s proposal, shall control
e, XiellSlOnS.
Street Address
City and
Seal &. Authorization
(Ifa Corporation)
Yel phone
B-!
· PO ~0
BID TABULATION SI-IF_~T
1. I BORE CROSSING, LOOP 288 ZNSTALL
Um~ Pn~ m wo~. ~,~ ~ ,~, I~,~ II