1997-010 ORDINANCE NO qt7 X~)/O
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE
DATE
~v~rlEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, eqmpment, supplies or services in accordance with the procedures of STATE
law and City ordinances, and
WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended
that the herem descnbed b~ds are the lowest responsible bids for the materials, equipment, supphes
or serwces as shown m the "Bid Proposals" submitted therefore, and
WHEREAS, the City Cotmcfl has prowded ~n the City Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered ~tems m the following numbered bids for materials,
equipment, supphes, or serwces, shown ~n the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items
BID ITEM
]SLU. MBER ]5!O_ 3/FJb!D_OR AMOUNI
1975 ALL DICKERSON CONSTRUCTION $ 59,200 00
SECTION II That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, eqmpment, supplies or serwces in accordance with the terms,
specfficatlons, standards, quant~tles and for the specified sums contained in the B~d Invitations, Bid
Proposals, and related documents
SECIION III That should the City and persons submitting approved and accepted items and
of the subnutted bids wmh to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the C~ty Manager or his demgnated representative is hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract is in accordance w~th the terms, conditions, specifications, standards, quantlnes and
specified sums contmned m the Bid Proposal and related documents hem~n approved and accepted
SECTION IV_ That by the acceptance and approval of the above numbered ~tems of the
submitted bids, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount
and ~n accordance with the approved inds or pursuant to a written contract made pursuant thereto as
authorized herein
SECTION ~ That tins ordinance shall become effective ~mmedmtely upon tts passage and
approval
APPROVED this '~]'/~ day of~~~'- , 1997
PASSED
AND
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
SUPPLY ORD
2
DATE JANUARY 7, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the Ctty Council
FROM Ted Benavtdes, Ctty Manager
SUBJECT BID # 1975 - BORE CROSSING
RECOMMENDATION: We recommend this btd be awarded to the only bidder, Dtckerson
Constructton, tn the total amount of $59,200 00
SIIMMARV: This bid ts for all labor and materials necessary in boring approximately 300' across
I35E at James Wood A 20" casmg wtll be tnstalled and Polyethylene duct wtll be pulled through
This wtll convert the extsttng overhead hne to underground and tmprove the system rehabfllty
One btd proposal was recetved tn response to stxty-five notices to btd marled to prospective
contractors
pROGRAMS, DEPARTMENTS OR GROUPS AF_FECTED: Electric Distribution Department
and the Ctty of Denton cmzens
FISCAl, IMPACT: Budgeted funds for Electric Dtstnbutton for 1997
Attachments Tabulatton
Memorandum from Don McLaughhn
Respectfully submitted
Ted Benavtdes
Ctty Manager
Prepared by
T~tle Semor Buyer
Approved
Name Tom D Shaw, C P M
Tttle Purchamng Agent
813 AGENDA 3
IBiD # 1975
I B1D NAME BORE CROSSING DICKERSON
CONST
IOPEN DATE DECEMBER 12,1996
-- DESCRIPTION VENDOR VENDOR VE_NDOR
BORE CROSSING 1-35E & $59,200 00
JAMES WOODS, APP 300'
ADDENDUM YES
4
To Denise Harpool, Senzor Buyer
From Don McLaughl~n, Senior Engineer
Electric En~neer~n~
Date Decenlber 18, 1996
Subject Evaluation of Quotation on b~d 9 1975
The utlllty staff recommends award~n~ the b~d to the low b~dder
D~ckerson Construction
B~d 1975 ~s for the followln~
· 300 foot bore across I 35E at James Wood
· Installation of two manholes provided by the C~ty
· Installatlon of Polyethylene Duct provided by the Clty
The total cost of the b~d ~s $59,200 ($197/foot)
Sincerely, , ~ z? /f
Donald L McLaughl in ~
copy
Joe Cherr~
Ralph Kllnke
5
CONTRACT
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into ~his 7 day of
JANUARY A.D., 19 97 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED ~t~N&VIDES
thereunto duly authorized so to do, hereinafter termed *,OWNER, # and
DI ~..~.~ON CONS~R~ICTIO~
P.O. BOX 181
{~..T.TIQ&; '~ 75009
of the city of ~T.TNa , County of ~T~.T~
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITHESSETH~ That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and ~mder the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID % 1975 - BORE CBOSSING
in the amount of $ 59,200.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement~ and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditLons and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance ~/ld PaFment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
blueprints, and o~her drawings and printed or written explanatory
matter ~hereof, and ~he Specifications ~herefore, as prepared by
CITY OF DENTON ENGINEERING STAFF
all of which are made a part hereof and collectively evidence and
constitute ~he entire contract.
Indeuend~nt Status
It is mutually understood and agreed by and between City and
Contractor ~hat Con~ractor is an independent contractor and shall
not be deemed to be or considered an employee of ~he City of
Denton, Texas, fort he 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 Con~ractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any end all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
orthird persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the Stats of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of thLs
contract, such payments to be subject to the General and Special
Conditions of the Contract.
IN WITNESS WHEREOF, the partiee of these presents have
executed this agreement in the year and day first above written.
(SEAL)
ATTEST:
CONSTRUCTION
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
TITLE
PRINTED NAME
APPROVED AS TO FOP~M: (SEAL)
City Attorney/
AAA0184D
Rev. 04/05/96
CA - 3
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT;
YOU MAY CONTACT THE TEXAS DEPARTM]~NT OF
INStrRANCE TO OBTAIN II, FORMATION ON COMPANIES;
COVERAGES, RIGHTS OR COM~LA.INTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P.O BOX 149104
AUSTIN, TEXAS 78714-9104
FAX ~ (512) 475-1771
PREMIUM OR CLAIM DISPUTES.
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PRE/4IUM OR ABOUT A
CLAI~ YOU SHOULD CONTACT TH~ AGENT OR COMPANY FIRST. IF THE
DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY.
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART
OR CONDITION OF THE ATTACHED DOCUMF-/gT.
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S Bond #201445
ENOW ALt MEN BY THESE PRESENTS: That DTC:KK~ISON CONSTRUCTION
CQH~ANY, ZNC. , of the City of CELINA
County of COLLIN , and State of TX
as PRINCIPAL, and ~RTF0~ CA$~W I#$U~A~¢£ C~Y
, es SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CITY OF Dh~TON
as OWNER, in the penal sum of FIFTY NM T~OUSAND TWO ~USD~ED and no/100
Dollars ($ 59 200.0 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 7 day of JAL~ARY ,
19 97, for the construction of BID # 1975 - BORE CROSSING
which contract is hereby referred to and made a part hereof as
fully and to ?-he same extent as if copied at length herein.
NOW, THEREFORE, the condition oft his obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in ell respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of maid
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void~ otherwise to remain in full force and
effect~
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently a~ended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - I
PROVIDED FURTHER, that if any legal action b~ filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in an~ way
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.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 16TH day of JANHAa¥ ,
19 97 .
DTCKERSON CONSTRUCTZON CO#PANY, ][NC. HARTFORD CASUALTY :INSURANCE CONPANY
Principal Surety
Title ~t Tit le ATTORN£Y-I#-FACT
Address= P.O. BOX 181 Address: P O. BOX 4611
CELINA, TX 7~009 HOUSTON~ TX 77210-4611
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety
ELSEY & ASSOCIATES SURETY/INSURANCE
8820 li~L]. CLAYTON PAPJQdAY, SUITE F
H~LE~ TX 77338
NOTE= Date of Bond must not be prior to date of Contract.
AAAO184D
Rev. 04/05/96
PB - 2
PAINT BOND
STATE OF TEXAS S
COUNTY OF DENTON S BOND
KNOW ALL MEN BY THESE PRESENTS: That DIC~RSON CONSTRUCTION
C0HPANY, INC. of ~le City of CELINA
County of gOL~IN , and the State cf TX ,
as principal, end ~ARTFORD CASUALTY INSURANCE COHPANY
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
~. n'r,~v n~ n~.~n,n. , OWNER, in the penal su~ of
FIFTY NINE THOUSAND TPIO HUNDRED an~ no/100-- Dollars ($ 59~200.00
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, a~ministrators, executors, successors
and assigns, Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with ~he Owner, dated the 7 day of JANUARY
19 97 .
BID ~ 1975 - BORE CROSSING
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then th~s obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions cf the Texas Government Code, Chapter 2253 (Vernon,
as currently a~ended), and ell liabilities on this bond shall be
determined in accordance withsaid provisions to the same extent as
if they were copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees ~hat no
ohange, ex~ension of time, alteration or addition to ~he terms of
the con~ract, or to t. he work performed ~hereunder, or the plans,
specifications, or drawings aooompanying the same, shall in any way
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 oontraot, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, t.he said Principal and Surety have
signed and sealed this instrument this 16m day of 0A#UAR¥
19 97 .
Di*CKERSON CONSTRUCTTON COHPANY, ][NC HARTFORD CASUALTY TNSURANCE COHPANY
Principal Surety
Title ~/ Title ATTORNEY-IN-FACT
Address: P. O. BOX 181 Address: p' 0 BOX 4611
C£LZNA, TX 75009 HOUSTRN~ TX 77210-4611
(SEAL) (SgAL)
The name and address of the Resident Agent of Surety is:
£LS£Y & ASSOCIATES SURETY/INSURANCE
8820 MILL CLAYTON PARKgAYo SUI'[E F
HUI4BLE, TX 77338
AAA0184D
~v. 04/05/96
PB - 4
HARTFORD CASUALTY INSURANCE COMPANY
EXECUTIVE OFFICE Hartford, Connecticut
POWER OF ATTORNEY
K~ow all man by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY a corporation duly
organized under the laws of the State of Indiana and having its Executive Office m the City of Hartford County of Hartford State of
Connecticut does hereby make constitute and appoint
BRUCE C Z~'/~J~ ~:;)I4/.4PJ~ £. MOO]~E~ R~GINA M CARTP. R, ROSALYIVD HAS~F. LL
and DA VID R. GROPP£LL o£ HUMBLE, TEXAS
]ts true and lawful Affomey(s) in Fact wdh Mil power and authority to each of said Attorney(s) ImFact in their separate capacity if more
than one,is named above to sign execute and acknowledge any and all bonds and undertakings and other wnhngs obligatory ~n the
nature thereof on behalf of the Company In its business of guaranteeing the fidelity of pamons holding places of public or private tract
guaranteeing the performance of contract~ Other than insurance policies guamnteethg the performance of ~nsurance contracts where
surety bo~de are a~:epted by states and municipalities and executing or guarantee{ng bonds and undertakings mqu~red or permuted in
all actions or proceedings or by law allowed and to bind THE HARTFORD CASUALTY INSURANCE COMPANY thereby as folly and to
the same extent aa If such bonds and undertakings and other writings obhgstory in the nature thereof were s~gned by an Exesut{ve
Officer of the HARTFORD CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers and hereby
rabfles and cenflrms all that its said Attorney(a) in Fact may do in pursuance hereof
This power of attorney ia granted under and by a~thonty of the following Resolutions adopted by the Board of D~rectors of the
HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly celled and held on the 15th day of June 1988
RESOLVED that the President or any Vice-President a~ing w~th any Secretary or Assistant Secretary shall have power and autbonty
appoint for pUl/~Osss only of executing anti eltaating bonds and undertakings and other wrtti~gs obhgatory in the nature thereof one or more Resident
Vice-Presidents P~sident Assistant Secmthttas and Atfameys-in fact and at any time to remove any such Resident Vice-President Resident Assistant
Secretary or Attomey-ln FaCt, and revoke the power and authority given to him
^ttomeys-in-Faat shall have power anti authority aubJeat to the terms anti limitations of the p~wer of attorney Issued to them to execota and
deliver on behalf of the Company and to attach the ~eal of the Company thereto any anti all bonds and under~ak~ngs and other writings obligatory In the
nature thereof anti any such ihet~ment exacctnd by a~ly at,ch Alfomey in Fact shall bo ae bindthg upon the Company as if s~gnbo by an Exe~JtiVe Officer
and sealed end attolatd by cfm other ct such Officers
RESOLVED that whereas the President or any Vide. President achng with any 8ecrata~y or Assistant Se(~atary has the power and authority to
appoint by a power of attomay for purposes only ct executing and attesting panda and undertakings and other wrifings obligatory in the nature thereof
one or mom Relndaat V~ce-Pre~ldenta As~btaat Secretaries and Attameys
Now therefore the sighetarea of such Ofl~i~ and the seal of the Company may be affixed to arty such power ct attorney or to any certificate
relating thereto by focllmila and any such po~mr of attorney or certificate boating such thmimlid signatures or thc$1m~le leal shell bo valid and biheing
upon the C, ompany and any Such p~er $o execothd and ~edffind by thmlmlle signatures and facsimile .esl shall pa valid and tilndlng upon the Company
in the future WFdl t~lpeat to any bond or undertaking to which if id sttachnd
In Wltne~ Whereof the HARTFORD CASUALTY INSURANCE COMPANY has caused these pre~enfa to be signed by its Vice-
PresMent and Its co~orats ceal th be hereto affixed, duly attested by its Secretary this 1st day of May 1995
Attest: HAR'fFOI~I~i CASUALTY IRSUI~I~ICE COMPANY
STATE
OF
CONNEGTICUT
COUNTY OF HARTFORDI Vlce-Preatdent
On tths 1 st day of May A D 1995 before me pamonelly came Paul L Marabella to me known who pamg by me duly sworn did depose
and say that he resides in the County of Hartford State of Conne~cut that he is the Vtce-Prea~dant of the HARTFORD CASUALTY
INSURANCE COMPANY the corporation desc~bed in and which executed the above instrument that he knows the seal of the said
cotporatl0n that the seal affixed to the said instrument ts such co~3orate seal that ri was se affixed by order of the Board of Directors of
said cotporeticn and that he signed his name thereto by I~ke order
OOUHT¥ OF HARTFORD
I, the underelgned 8e~'~ry o~ the HARTFOffiD CASU^LTY INSORANC~ DOMP^NY
C£RIII~ ~hat tha for~cing ~nd abeched ~OWER OF AI-rORN~-'¥ mmems m ~cil ~r~ and has rmt ~n r~ok~:l and ~urtharmom thst
Signed and sealed at the City of Hartford Dated the 16TH day of ~IANIIARY 1~7
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ia 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 falls to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all Insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without lira,ting any of the other obligations or I;ablht~es of the Contractor, the
Contractor shall provide and mainta,n until the contracted work has been completed
and accepted by the City of Denton, Owner, the mlmmum insurance coverage as
[nd,cared hereinafter.
As soon as practicable after notification of bid award, Contractor shall f,le w~th the
Purchas,ng Department satisfactory certificates of insurance, containing the b;d
number and title of the project. Contractor may, upon wntmn request to the
Purchasing Department, ask for clanf,cation of any insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to bid
open,ng, since the ~nsurance requirements may not be modified or wa,ved after bid
opening unless a wnt/en exception has been submitted with the bid Contractor shall
not commence any work or deliver any material until he or she receives notiflcat, on
that the contract has been accepted, approved, and signed by the City of Denton
All insurance pohc;es proposed or obtained in satisfaction of these requirements shall
comply with the fo[lowing general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted.
· Each pohc¥ 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 in the b~d
proposal If requested by the City, the insurer shall reduce or eliminate
such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts
AAA00360
REVISED 10112/94 ~..Z
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
· e Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
· e That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit is brought The inclusion of more than one
insured shall not operate to increase the insurer's limit of liability.
· All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non-renewal or reduction in coverage
· Should any of the required ~nsurance be provided under a claims-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 form of coverage
that includes a general annual aggregate limit prowding for claims
Investigation or legal defense costs to be ~ncluded in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance.
· Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date If insurance is not reinstated, C;ty
may, at ~ts sole option, terminate this agreement effective on the date of
the lapse.
AAAO0360
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
In compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$ [, 000,0oo. 00shall be provided and maintained by the contractor The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liabil,ty form (ISO Form CG 0001 current
edition) is used.
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractuaUiablhty
covering this contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, ~t shall include at least'
· Bodily injury end Property Damage Liablhty 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 ~njury liability and broad form
property damage liability.
AAA00360
REVISED 10/12/04 CI - 3
Insurance Requirements
Page 4
Automobile Uability Insurance:
Contractor shall prov,de Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000.o0 either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
wdl include bodily Injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above raqulrament shall be in the form of a policy
endorsement for'
· any auto, or
· all owned, hired and non-owned autos.
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meet;ng the m~mmum statutory requirements for issuance
of such ,nsurance, has Employer's Uab,hty limits of at least $100,000 for each
acmdent, $100,000 per each employee, and a $500,000 policy lim,t for
occupational disease. The City need not be named as an 'Additional Insured'
but the insurer shall agree to wa,ye all rights of subrogation against the C,ty,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured. For bu,lding or construction projects, the
Contractor shall comply with the prov,sions of Attachment I in accordance
w,th §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Comm;sslon (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and ma;ntain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective L;abdlty insurance policy nam,ng the City as ,nsured for property
damage and bodily injury which may arise in the prosecut,on of the work or
contractor's operations under this contract Coverage shall be on an
AAAO0360
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carr,es the contractor's liability insurance. Policy limits w,ll be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Uability Insurance
Coverage is requ,red if Broad form General Liablhty ,s not provided or ~s
unavailable to the contractor or ,f a contractor leases or rents a portion of a
C,ty building LIm,ts of not less than each occurrence are requ,red
[ ] Profe8sional Uability Insurance
Professional liability ,nsurance w~th limits not less than per cta,m
w,th respect to negligent acts, errors or om,ssions ,n connection w,th
profess;onal services is required under this Agreement.
[ ] Builders' Risk Insurance
Bu,lders' Risk Insurance. on an Ali-Risk form for 100% of the completed value
shall be prov,ded Such policy shall ;nclude 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 tnd,v,dual bas,s for extra hazardous
contracts and specific service agreements If such addit,onal ,nsurance ;s
required for a specific contract, that requ,rement w,II be descr,bed ~n the
"Specific Conditions" of the contract spec;fications
AAA00350
REVISED 10112/g4 Cl - 5
Insurance, Requirements
Page 6
ATTACHMENT I
Worker's Compensstion Coverage for Building or Construction Projects for
Governmental Entities
A. Defln.tions:
Certificate of coverage ("certiflcata")-A copy of a cert.ficate of insurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
show,ng 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 ent,ty.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly w,th the contractor and regardless of
whether that person has employees. Th,s ~ncludes, w,thout limitation,
independent contractors, subcontractors, leasing companies, motor
carr,ers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project
"Services" include, w,thout limitation, prowding, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include actlv,tles unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provtde coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (~.} for all employees of the contractor prov;dlng services
on the project, for the duration of the prolect
AAA00360
REVISED 10/12/94 CI - 6
Insurance Requirements
Page 7
C The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage w,th
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person prov~d,ng services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beg,nn,ng work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons prov,dlng serv,ces on the
project; and
{2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends dur,ng the
duration of the project
F The contractor shall retmn all requ,red 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 certif;ed
mall or personal dehvery, w,thin 10 days after the contractor knew or
should have known, of any change that materially affects the provis;on of
coverage of any person prov,ding serv,ces on the project.
H. The contractor shall post on each project s;te a not,ce. ,n the text. form and
manner prescribed by the Texas Workers' Compensat,on Comm,ss~on,
informing all persons prov,d,ng serv,ces on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AAA00360
~-'v~s=D ~0~1~4 CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to.
(1) provide coverage, baaed on proper reporting of clasaiflcation codea
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texaa Labor Code, Secdon
401 011 (44) for all of Its employeea providing services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that peraon beginning work on the
project, a cer~lflcats of coverage showing that coverage ia being
provided for all employeea of the peraon prov.ding services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage ahowlng extension of coverage, If the coverage
period shown on the current certificate of coverage enda during the
duration of the project;
(4) obtain from each other peraon with whom it contracts, and provide to
the contractor'
(a) a certificate of coverage, prior to the other person beginning
work on the prolect, 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 dunng the
duration of the prolect;
(5) rets~n all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(6) notify the governmental entity in writing by certified 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 prolect, and
~'V~S;D ~O;~=S4 Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1} - (7), with the certificates of coverage
to be provided to the person for whom they are providing services
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-insured, with
the commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties° civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AAAO0360
REVISED 101'12/04 Cl - 9
81DNUME, ER 1975 BID PROPOSALS Page 2 of 2
City of Denton, Texas g01 B Texas St
Puroheelng Deparlment Dento,e, Texas 78201
ITEM DESCRIPTION QUAN PRICE AMOUNT
[ BORE CROSSING AT 1-35E & JAMES WOODS: TxDOT RIGHT 1 $
OF WAY, APPROXIMATELY 300 FT.
20" MINIMUN CASING
INSTALL 3 - 6" POLYETHELENE DUCT
3 - 4" POLYETEELENE DUCT
3 - 2 1/2" POLYETHELENE DUCT
2 - MANHOLES
TOTALS
We quote the above f o b delivered to Denton, Texas Shipment con be made In ~ o days from receipt of order Terms netl30
unless otherwise Indicated
In submitting the above bid, the vendor agrees that acceptance of any or elt bid items by the City of Denton, Texas within a
reasonable period of time conetltuee a contract The completed Bid Proposal must be properly priced, signed and returned
p® %o~ ~ t b ' ~t''*~*~
Certificate of Insurance
AN IN%L R ~,N( I I OI I( Y AND DO['~NOT AMI NI) I X II ND OR Al I[ RTI]I £()VI RA( I AI IOKI)[ I)IP~ 1111 IO[ I(
This ~s to Certify that
[ O,C ER ON CONS 'RUOT,O. COMPANY. ,NC LIBERTY
DICKERSON EQUIPMENT COMPANY Name and
CELINA READY MiX, INC 4-- address of
1309 NORTH LOUISIANA Insured
CELINA TX 75009 __[~
s at he ~ssue date of this certificate insured by the Company under the pohcy0es) hsted below The ~nsurance afforded by the hsted pOllCy(leS)~S sub~ect to all their
terms exclusions and cond~bons and ~s not a tared by any requirement, term or condd~on of any contract or other document with respect to wthch this caFdfloate may be
issued
EXP DATE
[] CONTINUOUS
TYPE OF POLICY [] EXTENDED POLICY NUMBER LIMIT OF LIABILITY
[] POLICY TERM
COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
W O R K E R S 3/5/97 WC7-191-409705 077 LAW OF THE FOLLOWING STATES Bod~N InlUrY BV Accident
COMPENSATION TEXAS $100,000 Each
Bodily InluvJ By D~ssase
$500,000 Policy
Bodily InluvJ By Disease
$1 O0 000 Each
General Aggregate Other than Producte/Completed Opera~ons
GENERAL 2/20~97 YYI-191 409705 017
LIABILITY $2,000 000
Products/completed Operations Aggregate
[] OCCURRENCE $2,000,000
D CLAIMS MADE Bod~lv InlurV and Properb/Damaqe Llablh~ Per
$1,000,000 Occurrence
Personal and Adver~s~ng InJury
RETRO DATE $1,000,000 Organization
Other Other
Each Accident S~ngle Dm~t
AUTOMOBILE 9/1/97 AS2 191-409705 036 $1,000,000 BI andPD Combined
LIABILITY
~] OWNED Each Person
Each Accident or Occur0ence
[] NON OWNED
[] HIRED Each Accident or Occurrenca
O~R 9/1/97 MS2 191 409705 066 HIRED EQUPMENT ENDORSEMENT PER PIECE $300,000
CONTRACTORS
EQUIPMENT
~DDITIONAL COMMENTS
BID# 1975 ~3ORE CROSSING
CITY OF DENTON, ITS OFFICIALb, AGEN] S, EMPLOYEES AND VOLUNTEERS ARE LISTED AS ADDITIONAL INSUREDS AS RESPECTS
TO GENERAL AND AUTO LIABILITY, WITH A WAIVER OF SUBROGATION ON WORKERS COMPENSATION
I CiTY Of DENTON --1 .....
CEm'IFIC^TE ATTN TED BENAVIDES CHERI LYNN K[EHN
HOLDER AUTHORIZED REPRESENTATIVE
IRVING, TX BB (972) 550 7899 1/10/97
OFFICE PHONE NUMBER DATE iSSUED
FLORIDA
IMPORTANT NOTICE TO POLICYHOLDERS AND CERTIFICATE HOLDERS
In the event you have any questions or need ~nformatlon about this cerhf, cate for any reason, please
contact your local Sales Producer, whose name and telephone number appears on the front lower right
hand corner of this certificate ~1 he appropnate local Sales Office mailing address may also be obtained
by calhng thls number