1997-045 ORDINANCE NO
AN ORDINANCE ACCEPTiNG COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in 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 Purchasing Agent filed according to the bid number asmgned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
~ CONTRACTOR AMOLr/ST
1995 JESKE CONSTRUCTION $144,255 80
,~ECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified m the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and spemficat~ons, standards, quantlnes and specified sums contained there~n
3_
SRCTION IV That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and ~mpmvements as authorized herein, the City Council
hereby anthor~zes the expen&ture of funds ~n the manner and m the amount as spemfied ~n such
approved b~ds and authorized contracts executed pursuant thereto
SEC. LTiON V That th~s ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED thru the/d''1/'' day of ~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
DATE FEBRUARY 18, 1997
~RERORI
TO Mayor and Members of the City Council
FROM Ted Benavldes, City Manager
SUBJECT BID # 1995 - KERLEY STREET CULVERT IMPROVEMENTS
RECOMMENDATION: We recommend this bid be awarded to the lowest b~dder, Jeske
Construction, in the total amount of $144,255 80
SUMMARY: This bid is for all labor and materials necessary ~n the ~mprovement and constructton
of the Kerley Street drmnage culvert
B~nkley & Barfield, Inc, Consulting Engineers, developed the specifications for the bid and agree that
the price of the low bidder is acceptable
Six bid proposals were received in response to fifty nottces to b~d mailed to prospective contractors
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED~ Drainage Department, Utflmes
and Citizens of Denton ~n the Kerly Street area
FISCAL IMPACT. Budgeted funds for Drmnage, account # 453-020-DRAN-9620-9108
Attachments Tabulation Sheet
Memorandum from David Salmon dated January 27,1997
Respectfully submitted
Ted Benavldes
City Manager
Prepared by
Name Denise Harpool
Title Senior Buyer
Name Tom D Shaw, C P M
Title Purchasing Agent
829 AGENDA
3
CITY OF DENTON, TEXAS CITY HALL WEST · 221N ELM · DENTON, TEXAS 76201
(817) 566-8200 · DFW METRO 434 2529
MEMORANDUM
DATE January 27, 1997
TO Tom Shaw, Purchasmng Agent
FROM David Salmon, Engmneerlng Adm~nmstrator
SUBJECT Bid #1995, Kerley Street Culvert
Bzds were opened on the above mentzoned pro]ect on January 16th,
1997 The low bmdder was Jeske Constructmon with a bid of
$144,255 80
The construction plans and bid documents for thms pro3ect were
prepared by Bmnkley and Barf meld, Inc , Consultmng Engmneers
Themr construction estmmate was $132,850 00 for a difference of
$11,405 80 or 8 6% As the next two bidders were very close to the
low bidder (DBR Construction at $144,906 96 and Renamssance at
$146,792), we feel that the low bid ms a realmstlc prmce Bmnkley
and Barfmeld concurs wmth that concluszon as well
We have checked references for Jeske Construction and found that
they have completed smmmlar work mn Farmers Branch, Colleyvllle and
Dallas wzth mlnmmal change orders, tzmely completzon and
satmsfactory results
We recommend that the bzd for Kerley Street Box Culvert be awarded
to Jeske Construction and this mtem be forwarded to Cmty Councml at
the earliest possible date
Dav~-Salm~n, ~ E
D~EE007FE
5
"Dedicated to Quality Serwce
CONTRACT AGREEMENT
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 18 day of
F~RUARY A.D., 19 97 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
JESK~ CONSTRUCTION
P.O. BOX 59025
D~T~.~Sr TEXAS 75229
of the City of D~T~A$ , County of
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID % 1995 -KERLEYSTI~ET CU~VERTI~PROVEMENTS
in the amount of ~144.255.ao and all extra work ~n
connection 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 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 conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Not~ce to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - i
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGINEERING DEPARTMRNT
all of which are made a part hereof and collectively evidenc~ and
constitute the entire contract.
Independent Status
It is 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 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 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 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 VeDas
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lze 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, sub]ect 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
prlce 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.
IN WITNESS WHEREOF, the partles of these presents have
executed this agreement in the year and day first above written.
(SEAL)
ATTEST:
/ CONTRACTOR
~, Q Box 59025
Dall~s~ TeE~s 75229
MAILING ADDRESS
972 620 2248
PHONE NUMBER
972 629 9852
TITLE //
Steve Jeske, President
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
city Attorney~
AAAO184D
Rev. 04/05/96
CA - 3
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That JESKE CONSTRUCTION Co.
, of the City of DALLAS
County of D~r.T.~S , and State of TEXAS
as PRINCIPAL, and Safeco Insurance Company of America
., aS 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 DENTON
as OWNER, in the penal sum of ONE HUND~D FORTY FOUR THOUSAND TWO HUNDRED
FIFTY FIVE and 80/100 .............. Dollars ($ 144r255.80 ) 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 18 day of FEBRUARY ,
19 97, for the construction of BID # 1995 -KERLEY STREET CULVERT
IMPROVEMENTS
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 faithfully perform said Contract and
shall in all 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 said
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 amended), 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 be 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 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 contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 18th day of February ,
19 97
Jeske Construction Co. Safeco Insurance Company of America
P~inclpal Surety
Title Steve Je~ke, President Title~ TrUly Tucker, Attorney-in-Fact
Address: P 0 Box 59025 Address: P 0 Box 2285
Dallas, TX 75229 Ft Worth, TX 76113
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Tucker Agency, Inc.
206 E 8th St #210 Ft Worth, TX 76102
NOTE: Date of Bond must not be prior to date of Contract.
AAAO184D
Rev. 04/05/96
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JESKE CONSTRUCTION Co
of the City of D~T.T.~
County of D~T.T.~S , and the State of T~%~F~ ,
as principal, and Safeco Insurance Company of America
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
CITY OF DENTON , OWNER, in the penal sum of
FIVE and 80/10~
ONE HUNDRED FORTY FOUR THOUSAND TWO HUNDRED Fl~rx Dollars ($ 144t255-80 )
for the payluent 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 ~ day of
19 97
BID ~ 1995 - KERLEY STREET CULVERT IMPROVEMENTS
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 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 amended), 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 - 3
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 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 ter~s 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 18th day of February
19 97 .
Jeske Construction Co. Safeco Insurance Company of America
Principal Surety
Title Steve Je~e, ;resident Title Tra~y Tucker, AttLrney-in-Fact
Address.' P 0 Box 59025 Address: P 0 Box 2285
Dallas, TX 75229 Ft Worth, TX 76113
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Tucker Agency, Inc
206 E 8th St #210 Ft Worth, TX 76102
AAA0184D
Rev. 04/05/96
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS .' That j~..~w~, coN~nc~rnN Co.
as Principal, and Safeco Insurance Company of America
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of FOURTEEN THOUSAND FOUR ~UND~ED TWENT~ FIVE and 58/100
Dollars ($ 14,425.58 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said JESKECONSTHUCTION
has this day entered into a written contract with the said City
of Denton to build and construct BID % 1995 -KERLEYSTREET CULVERT
IMPROVEMENTS
which contract and the plans and specifications therein mentIoned,
adopted by the city of Denton, are filed with the City Secretary of
said city and are hereby expressly incorporated herein byreference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, spec~ficatmons, and contract,
it is provided that the Contractor will mamntain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - i
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said JeskeConetructionCo
as Contractor and Principal, has caused these presents to be
executed by Steve Jeske, President
and the said Safeco Insurance Co~an~ of America
as surety, has caused these presents to be executed by its
Attorney-in-Fact Trac~ Tucker
and the said Attorney-in-Fact has hereunto set his hand this 18th
day of February , 19 97
SURETY: PRINCIPAL:
Safeco Insurance Company of America 3eske Con~ruc~o~ ~
Tracy Tu~orney-in-Fact Steve Jes~/President
Attorney-in-Fact
AAAO184D
Rev. 04/05/96
MB 2
L® POWER SAEECO INSURANCE COMPANY OF AMERICA
HOME OFFICE= SAFECO PLAZA
OF ATTORNEY SEATTLE WASHINGTON {IStSS
Ne 9150
KNOW ALL BY THESE PRESENTS
That SAFECO INSURANCE COMPANY OF AMERICA, a WasNng~on co~poration does herebv appoint
......DELBERT TUCKER, TRACY TUCKER, TOBIN TUCKER, W LAi~RENCE BROWN, Fort Worth, Texas""=##"""
its true and lawful attorn~(s)-In-fac! with full authority to execute on behalf of the c~npanv fidelity and surety bonds or undertakings
and other documents Of a similar character issued by the company in the course of its business and to bind SAFECO INSURANCE
COMPANY OF AMERICA thereby as fully as if such Instr~Y~ents had been duly executed by its regularly elected officers at its home
office
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 3rd day of October 19 g4
CERTIFICATE
E~ract fr~ t~ ~-Laws of EAFECO INSURANCE COMPANY OF AMERICA
"Article V Section 13 - FI~L~ ~D S~ B~DS t~ President ~ Vice Pre.dent the SecretaW and a~ Aas~stant V~ce
attorn~s-ln-fa~ ~ u~ ot~ appr~late titles with ~thorl~ to exec~e ~ beh~f of t~ c~ fidelity and surety bonds and
such ~pointment the Ngn~es ~ ~ affixed ~ fan~le On a~ I~r~ent c~ferrl~ s~h a~h~ity ~ ~ a~ bo~ or undertaking
of the c~pa~ the seal, ~ a facs~le t~reof, mw be ~essed or affixed or In a~ other man~ re~uced pr~ided ~w~ar
that the seal shall not be ~cesasW to t~ vaidiW of a~ ~h I~tr~enf ~ u~ertaking"
Extract fr~ a Res~ion of t~ Board of Dir~t~s of
~AFECO INSURANCE CO.ANY OF AMERICA adopled J~y 28, 1970
"On aw certificate exeo~ed ~ the Secret~ ~ ~ assi~t secretaw of the C~pa~ setti~ o~ (i) The ~isions of Article V. Section 13 of the ~-Laws and
(ii) A co~ of the power-of-att~ appointment exacted pursuant thereto and
(~) Cerlifylng that ~id ~wer-of-att~nw appoln~ent Is In full force and effect
the s~gnature of the cartifyl~ officer m~ be ~ facsimile and the seal of the C~pa~ m~ be a facs~le thereof"
I R A Pierson Secret~ of ~AFECO INSURANCE COMPANY OF AMERICA, do hare~ certify that the foregoing extracts of the
~-Laws and of a Res~l~ of t~ Board of Oirect~s of this corporation and of a Pow~ of Attorn~ issued pursuant thereto are
true and correct a~ that both l~ ~-Laws the Resol~ion ~d t~ Power of Attornw are still in full force a~ effect
IN WITNESS WHEREOF~ I h~e ~re~to set ~ hand ~d affixed the facsimile seal of said corporai~
this [8~h , dw of 7eb=ua=y lg 97
.~, ® Reg~steced tra<~emark of SAFECO Corporat.on
S-1300/EP 1193 ~ OF W~%~\'~
IjTUCKER AGENCY, INC,~
Bonds and Insurance
206 E Eighth St, Sulfe 210~
Fort Worth, Texas 76102
(817) 336-8520
PRODUCER THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TUCKER AGENCY INC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
E O BOX 2285 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
PoLIcY EFFECTIVE POLICY EXPIRATION
CO TYPE OF INSURANCE pOLiCY NUMeER LIMITS
LTR DATE (MM/DD/YY) DATE (MMIDD/VY)
GENERALLIADIMTY GENERALAGGREGATE $ 2 000 000
A X COMMERCIALGENERALLIAEILITY 129625034 09/01/96 09/01/97 PRODUCTS COMPIOPAGG $ 1 000 000
I CLAIMSMASE ~] OCCUR $ 1 00o 00o
PERSONAL & ADV INJURY
OWNERS&CONTRACTOR'SPROT EACHOCCURRENCE $ 1 000 0CC
A X CG2503 PER PROJECT AC-ORS FIREDAMAGE(Anyonefi~e) $ 50 00c
MED EXP (Any one pecson) $ 5 00£
AUTOMOBILE LIABILITY
-- COMBtNES SINGLE LIMIT
S X ANYAUTO 129625020 09/01/96 09/01/97 1 000 00~
__ ALL OWNED AUTOS BOOILY ~NJURY $
SCHEDULES AUTOS (Per person}
B X__ HIRED AUTOS SODiLY iN JURY $
B X NON OWNED AUTOS (Per eccldent)
-- pROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY EA ACCIDENT
EACH ACCIOENT $
AGGREGATE $
EXCESSLIADI[JTY EACH OCCURRENCE $ 2 000 000
D XOTHERUMORELLA PORMTHAN UMBRELLA FORM 1296~5048 09/0:[/96 09/ol/97 AGGREGATE $$ 2 000 000
WC STATU OTH
WORKERS COMPENSATION AND X I TORY LIMI'I~ I I ER
EMPLOYERS LIABILITY EL EACH ACCIDENT $ 500 000
C THE pROPRIETOR/ ~INCL 129625017 09/01/96 09/0[/07 ELDISEASE POECYLIMIT i$ 500 000
PARTNERS/EXECUTIVE~ I -
OFFICERS ARE EXCL ELDISEASE EAEMPLOYEE $ 500 000
OTHER
IThis insurance is prima y to any other insurance aw .lable to the additional i~ ~ured with respect to claims
I covered under the polic
I
DESCRIPTION OF O P E RATIO N S/LOCATION S/VE:4ICLE S;'S P EClAL ITEMS
RE BID ~1995 KERLEY STREET Cb~L~ERT IHPROVENE~S
City of Denton, its officials, agents, employees and volunteers are Additional Insured excluding Workers Compensation
Waiver of Subrogation in favor of City of Denton, its officials, agents, employees and volunteers on Workers Comp
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY OF DENTON 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
,6¢o~D ~s ('fm~) ,,~, ,~ ~,,?, ~ ,,~ .........................................
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It ,e highly recommended
that b,dders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance cartlflcatea and endorsements as prescribed and
provided herein. If an apparent Iow bidder fails to oomply strictly with the Insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award.
ail Insurance requirements shall become contractual obligations which the successful bidder
shall have a duty to me,ntein throughout the =ourse of this contract
STANDARD PROVISIONS:
W~thout limiting any of the other obligations or hablhtles of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the C~ty
of Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file w~th the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
prolect Contractor may, upon written request to the Purchasing Department, ask for
clartflcatlon of any insurance requirements at any time, however, Contractors are strongly
adwsed to make such requests prior to bid opening, since the ~nsurance requirements may not
be modified or waived after bid open, lng unless a written exception has been submitted w~th
the bid 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 ~nsurance policies proposed or obtained ~n satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained ~n comphance with these
general specifications throughout the duration of the Contract, or longer, if so noted
Each policy shall be issued by a company authonzed to do business in 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 bid proposal If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the C~ty, ~ts offlmals, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim admlmstratlon and defense expenses
AAAO0350 CI - I
Insurance Requirements
Page 2
Liability policies shall be endorsed to prov,de the following
Name as additional insured the City of Denton, ~ts Officials, Agents, Employees
and volunteers
That such insurance is primary to any other ~nsurance available to the
additional insured with respect to claims covered under the policy and that th~s
insurance applies separately to each insured against whom claim is made or
suit Is brought The inclusion of more than one ~nsured shall not operate to
increase the ~nsurer's hmlt of liability
All policies shall be endorsed to provide thirty(30) days prior written notme of
cancellation, non-renewal or reduction in coverage
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of th~s
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate hmlt prov,dlng for claims investigation or legal
defense costs to be ~ncluded in the general annual aggregate limit, the contractor
shall etther 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 C~ty receives
satisfactory ewdence of reinstated coverage as required by this contract, effective
es 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
AA^003B0 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply w~th the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, ~f so noted
IX! A General Lmbllity Insuranoe:
General L, ab~l~ty insurance with combined single limits of not less than
$1,000,000 shall be provided and maintained by the contractor The policy
shall be written on an occurrence basis either in a single policy or ~n a
combination of underlying and umbrella or excess policies
If the Commercml General IJabllIW form (ISO Form CG 0001 current edition) ~s
used
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual hab~ht¥ covering th~s
contract and broad form property damage coverage
Coverage B shall include personal ~njury
Coverage C, medical payments, ~s not required.
If the Comprehensive General IJab~hty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) Is used, ~t shall include at least
Bodily injury and Property Damage Liability for premises, operations,
products end completed operations, independent contractors and
property damage resulting from explosion, collapse or underground
(XCU) exposures
Broad form contractual liability (preferably by endorsement) covering
this contract, personal injury Imblhty and broad form property damage
liability
AAAO0360 Cl ' 3
.~WSED ~0/~
Insurance Requirements
Page 4
[X] Automobile Liability Insurance'
Contractor shall prov,de Commercial Automobile hablhty insurance with Combined
S~ngle L,m,ts (CSL) of not [ess than $500.000 e,ther in a s,ngle pohcy or ~n a
combination of basic and umbrella or excess pol,cles The pohcy w,II include bodily
injury and property damage habll,ty arising out of the operation, maintenance and
use of all automobiles and mobile equ,pment used m conjunction with this contract
Satisfaction of the above requirement shall be In the form of a policy endorsement
for
any auto, or
all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance which,
In addition to meeting the mln,mum statutory requirements for issuance of such
~nsurance, has Employer's LJablhty hmlts of at least t~100,000 for each accident,
$100,000 per each employee, and a $500,000 policy I,mlt for occupational disease
The City need not be named as an "Additional Insured" but the insurer shall agree
to waive all rights of subrogation against the City, ~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 with the provisions
of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule
28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all t~mes dur, ng the prosecution
of the work under this contract, an Owner's and Contractor's Protective Liability
insurance policy naming the City as insured for property damage and bodily ~nlury
. which may arise in the prosecution of the work or contractor's operations under th~s
AAAO0350 CI - 4
REVISED 10112/94
Insurance Requirements
Page 5
%
contract Coverage shall be on an "occurrence" basis, and the pohcy shall be ~ssued
by the same ~nsurance company that carnes the contractor's hab~hty insurance
Pohcy hm;ts w~ll be at least combined bodily injury and property
damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ~s reqmred ~f Broad form General Lmb~hty is not prov,ded or ~s unavailable
to the contractor or ~f a contractor leases or rents a portmn of a C;ty building
Llmtts of not less than each occurrence are required
[ ] Professional L;abllity Insurance
Profesmonal habthW tnsurance wtth hmtts not less than per claim w~th
respect to neghgent acts, errors or omissions in connectton with professmnal
servmes ~s requtred under thts Agreement
[ ] Bu,lders' Risk Insurance
Butlders' Rink Insurance, on an Ali-Risk form for 100% of the completed value shall
be provtdsd. Such pohcy shall tnclude as "Named Insured" the C~ty of Denton and
all subcontractors as thetr tnterests may appear
[ ] Additmnal Insurance
Other tnsurance may be requtred on an ~ndlwdual basra for extra hazardous contracts
and specific service agreements If such add~ttonal ~nsurance ts requtred for a
spectflc contract, that requirement w~ll be descnbed tn the "Spemflc Condtttons" of
the contract speclfmattons
^A^O0~O Cl - 5
REVISED 10112/94
Insurance Requirements
Page 6
ATTACHMENT 1
[X] Worker's Compensation Coverage for Bu,ldlng or Construction Projects for
Governmental Entitles
A Defln,tlons
Certificate of coverage ("cerbflcate")-A copy of a certificate of ~nsurance, a
certlf,cate of authonty to self-insure issued by the commission, or a coverage
agreement ('rwcc-81, TVVCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensatmn insurance coverage for the person's or entit¥'s
employees providing serv,ces on a project, for the duration of the project
Duratmn 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 prowdmg services on the project ("subcontractor" m §406 096) -
includes all persons or entltmS performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether that
person contracted d~rectiy w~th the contractor and regardless of whether that
person has employees Thts includes, without hmltatmn, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project "Serwces" include,
without I,m~tatmn, prov,ding, hauhng, or dehvermg equ,pment or marshals, or
providing labor, transportatmn, or other service related to a project. "Services"
does not ,nclude activ,tms unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable to~lets
B. The contractor shall prov,de coverage, based on proper repomng of
class;flcatmn codes 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 providing services on the
project, for the duratmn of the project
AAA00350 CI - 6
REVISED 10112/94
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 with 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 ent~W
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons 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, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project
F The contractor shall retain all required certificates of coverage for the duration
of the prolect and for one year thereafter
G. The contractor shall notify the governmental entity ~n writing by certified
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project
H The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be
AAA003$0 CI - 7
.EWSED ~0/~
Insurance Requirements
Page 8
covered, and stating how a person may verify coverage and report lack of
coverage
The contractor shall contractually require each person with whom it contracts
to provide services on a project, to
(1) provide coverage, based on proper reporting of class,flcatlon codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011 (44) for all
of its employees providing serv,ces on the project, for the duration of the
project,
(2) provide to the contractor, prIor to that person beglnmng work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing serwces 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 showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom ~t contracts, and prowde to the
contractor
(a) a certificate of coverage, prior to the other person beginning work on
the project, and
(b) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, ~f the coverage period shown on
the current certIficate of coverage ends during the durat;on of the
project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter,
^^^oo3~o CI - 8
REVISED 10112/94
Insurance Requirements
Page 9
(6) notify the governmental entity in writing by certified mall or personal
dehvew, within 10 days after the person knew or should have known, of
any change that matenally affects the provision of coverage of any person
providing services on the project, and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services
J. By signing this contract or prowdlng or causing to be prowded 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 w~th 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 penaltms,
criminal penalties, civil penalties, or other mvll actions
K. The contractor's failure to comply with any of these provisions ~s a breach of
contract by the contractor which entitles the governmental entIW 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
AAA00350 Cl - 9
REVISED 10112194
BID SUMMARY
~o~c~ bo~ ~ ~ ~p~ ~d for ~ ~II ~o~t of ~ ~o~t, to ~ proper
~m~h~ w~ ~ ~ ~ ~rov~o~ of ~ ~t. to ~ ~d ~ ~ work
r~l compl~uo~ ~d ~c~c~, ~d to ~ p~m~t for ~I l~w~l ~I~ for l~bor
~ffo~ed ~ ~tenals ~sh~ m ~e ~lffi~ent of ~e con~t
It ~s ~derstood ~t ~e work propos~ to k do~ s~ll be ac~p~d, when ~lly completed and
f~shed m accor~ce w~ ~e pl~ ~d s~fficaUo~, to ~e sausfacuon of ~e Engineer
~c undersigned ce~ffies ~t ~c b~d pn~s con~med m ~s proposal ~ve ~en care~lly
checked ~d ~e subdued as co~ect ~d
Umt and l~p-s~ prices as shown for each ~tem hsted m ~s propose, s~ll consol over
eX~IO~
CONT~CTO~ ~
BY ~o ~
S~t Ad.ess
C~ ~d
Seal ~ Au~or~t~on
Telephone
B-1
WORK DAYS 60
BiD NO 1995
KERLEY STREET CULVERT PRO/ECT PO NO
BID TABULATION SHEET
ITEM' DESCRIPTION ([UANTi'r~' UNIT , UNITPRICE ! TOTAL
I I PreparaUon of ROW 1
Umt Price m Words
Pvmt
Umt Price m Words
3 Remove & Replace Cone 110 Lf $/t~, O~) / $
Curb & 6utter /,
Umt Price m Words
4 IRemoveExlstmgCulvert& 1 ILs I$ / IS
Wlngwalls 5 8 ~ ~ ,0~
Umt Price m Words
5 [RemoveCo~ ~pRep 1 [Ls I$~'~.O~/ ]$ ~.0~
Umt Price m Words
6 [ Remove & Replace Ex~st 110 Lf $ / $
Umt Price m Words
7 [ Rock Excavation 50 I Cy
Umt Price m Words
8 [ Cut & Plug Exist 8" San
sewer /,
Umt Price m Words
9 [ 4" PVC U~er Dram 2~ [Lf
Umt Price m Words
10 Wa~rMam 98 Lf I$flO, OO/ 154,~0g O)
Umt Price m Words
P-3
WORK DAYS 60
BID NO 1995
KERLEY STR~ItT CULV]tRT PRO/ECT PO NO
BID TABULATION SHEET
rllgM IIF,,~IUlqlON UNrr UNIT PRICE TOTAL
11 18" RCP Storm Sewer 60 Lf 4'],00/
Umt Pnce m Words
36" Steel Encasement P~pe 81 Lf $
Umt Price m Words ~] o I/us
5' Drop Manhole I Ea $
Umt Price in Words
14 10' Inlet 2 Ea $
Unit Price m Words -/'~o~$a~d d Do I/a~
15 Crownspan Precast Cone 46 Lf $ / $
Culvert
Umt Price m Words
16 CMU & CTB Wmgwall 4 Ea $
Umt Pnce m Words
17 6" Cone Rip Rap 198 Sy $ 4-~,0~1
Umt Price m Words ~v4, It4 ,~o I 1~ s
18 Regrade & Reshape Channel 133 Lf ~ ~'~0e) / $ ~ .,q27
Umt Price m Words
19 Depth Cone 384 Sf $4~ / $
, S dew
Umt Price in Words
20 Type T-6 Traffic Rail 64 $~/ $
Umt Price m Words
Ouardrafi Turndown 4 Ea $ / $
Section
P-4
WORK DAYS 6O
BID NO
KERLEY STRtltIT CULVERT PROII~CT PO NO
BID TABULATION SHEET
ITEM DRSCRIFIION UNIT UNIT PRICE ' TOTAL
Erosion Control I Ls $ ~ ~,~/ $
23 Seeding 120 Sy $ ~..b~ / $
Umt Price m Words ~,~
24 Trench Safety Design I Ls $ ~O0,~ /
Umt Pm~ m Words ~ ~ ~., ~ ~, ~//~ ~
25 Trench Safety 212 Lf ~,0~ / $
Umt Price m Words ~"~e ~)~
26 Construction S~gn I Ea $ 4~5~.W/ $
P-5