1997-166 ORDINANCE NO ~ ~ {w ~
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 w~th the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the hereto described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bad proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION l That the follovang competitive bids for the construction of public works or
improvements, as described in the "Bid Invltataons", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NI JMBER COIXITRACTDR AMOUNT
2048 SABER DEVELOPMENT CORPORATION $162,281 50
SF~I[O/5!_[I 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 in the Notace to Bidders including the timely execution of a written
contract and furmshlng of performance and payment bonds, and insurance cemficate after
notification of the award of the b~d
SECTION Ill 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 bads accepted and approved herein, provided that such contracts are made in accordance
vath the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
con&tlons, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the public works and ~mprovements as authorized hereto, the C~ty Council
hereby authorizes the expenditure of funds in the manner and ~n the mount as spemfied m such
approved bids and authorized contracts executed pursuant thereto
~ That th~s ordinance shall become effective ~mme&ately upon ~ts passage and
approval
PASSED AND APPROVED this the I"'] +kday of ~-"'~_ _,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE JUNE 17, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" WATERLINE
REPLACEMENTS
RECOMMENDATION: We recommend th~s bid be awarded to the low bidder, Saber Development, ~n the
mount of $162,281 50
SUMMARY. Tlus bid ~s for all labor and materials necessary in the replacement of 2,455 feet of waterhnes
in the Boyd Street area and 424 feet of waterhnes at MeKmney Street These waterhnes are ~n poor eondmon
and are too small to serve the residents adequately
Notices to bid were totaled to sixty-rune vendors with responses received from three
PROGRAMS: DEPARTMENTS OR GROUPS AFFECTED. Water Field Servmes, Water Utility,
Cmzens of Denton
FISCAL IMPACT. Budgeted funds for C I P waterhne replacemem account number 620-081-0461-9114
Attachments Tabulation Sheet
Memorandum from David Salmon dated 05/28/97
Minutes from Pubhc Utility Board dated 05/19/97
Respectfully submitted
Kath3XDuBol~
Executive DiYector of Finance
Prepared by
T~tle Senior Buyer
Approved
Name Tom D Shaw, C
Title Purchasing Agent
884 AGENDA
BID # 2048
BID NAME BOYD & MCKINNEY ST SABER JAGOE DICKERSON
WATERLINE REPLACEMENTS DEVELOPMENT PUBLIC CONSTRUCTION
OPEN DATE MAY 1S, 1997
1{ LS BOYD ST 6" WATERLINE $141,800 $0 $156,453 00
REPLACEMENT $128,666 $0 _
2 LS MCKINNEY ST 8" WATERLINE I
REPLACEMENT $33,522 00 $52,$05 50 ___-$33,249 00
CORRECTED TO $162,281
BOND' YES YES YES
CITY OF DENTON, TEXAS ClTY HALL WEST · 221 N ELM · DENTON, TEXAS 76201
(817) 566 8200 · DEW METRO 434 2529
MEMORANDUM
DATE May 28, 1997
TO Gerald Cosgrove, P E Engineer Admtmstrator
FROM David Salmon, P E Engineer Administrator
SUBJECT Boyd Street and McKlnney Street Waterhnes
Bids were opened on the above mentioned project on May 15th, 1997 Saber Development
Corporation was the apparent low b~dder w~th a bid of $162,191 50 Upon review of the btds,
a minor error was found in Sabers btd bringing tt up to $162,281 50
Our estmaate for this project was $178,674 00 The difference ~s relatively tns~gnlflcant
We checked references on Saber prior to awarding the bids for Laurelwood Waterline and found
that they have completed similar projects for the clttes of Hurst and Dallas wtth satisfactory
results and few constructton problems Laurelwood ts too early tn the process to consider
personal experience
I recommend that the Boyd Street and McKlnney Street water hnes be awarded to Saber
Development Corporation
5
"Dedicated to Qualtty Serwce"
FROH~ DEHTOH UTIL ~DH! F~X NO ~ 817~66e12~ 06-0~-97 09m20~ P 02
CITY OF DENTON PUBLIC UTILITIES BOARD
MEETINO MINUTES EXCI~RPI
May 19 1997
10 CONSIDER APPROVAL O1" BID NO 2048 IN THE AMOUNT OF
$162,281 50 FOR CONSTRUCTION OF BOYD STREET 6" AND
MCKINNEY STREET 8" WATERLINE
Ms, Jordan presented tins lt~ra She ,a~d that Saber Development Corp, was
tha lowest qualified bidder, bidding $162,2gl 50 to replace the water [me~ m
the Boyd Street area which er~ m poor condition and inadequate m size Our
records show high maintenance ~ctlwtles for field service crews Replacing
these waterhnes will provide a quahty water system to the residents m th~s area
with no Interruptmn
There are several serv~.e line,, that cross East McKmney (FM 426) On= of ~he
lines ~s lealm'~ so bad, that the road subsided The State wall not allow us to
replace the hne We mu~t extend a walerlme across the stre~ and relocate the
services Mr Oiese rome a morton to approve b~d as presented Mr
Thompson seconded the motion The bid was approved as presented
CONTI~CT AGKEEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 17 day of
~ A.D., 19 97, by and between
CITY OF DENTON
of the County of DENTON and State of Texas, actlng
through .,'~u BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
SABER DEVELOPMENT CORPORATION
BOX 540186
DA?.T.aS, TX 75354
of the City of D~T~.~S , County of
and State of T~mAS , hereinafter
termed "CONTRACTOR."
WITNESSETN: 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 s~eclfled below:
BID ~ 7048 -BOYDSTi~EET 6"ANDMC~INNEYSTREET 8" WATERLINE REPLACEMR~TS
in the amount of $162r281.50 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and eMpense 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 Notlce 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,
blueprints, and otherdrawlngs and printed or wrltten explanatory
matter thereof, and the Speclfioatlons therefore, as prepared by:
CITY OF DENTON ENGINE~I~ING DEPAR~/~N~
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between 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. C~ty 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 directlon of the City Manager of the
Clty of Denton, Texas, or his designee under th~s agreement.
Indemnification
Contractor shall and does hereby agree to lndemnlfy 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 thlrd persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, lnvltees, and other
persons for whom it is legally liable, with regard to the
performance of thls 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 State 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 wlthln the time
stated in the Proposal, subject to such extensions of t~me 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 thas
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 in the year and day first above written
OWNER
(SEAL)
ATTEST:
PH6NE N~BER
PRINTED
APPROVED AS TO F~: (SEAL)
AAA0184D
Rev. 07/28/94
CA - 3
THE STATE OF TEXAS '
' BOND NO. BC~1045245
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That SABER DEVELOPMENT CORPORATION,
whose address is BOX 540186, DALLAS, TEXAS 75354, hereinafter called
Principal, and ~n~ Q~VRT.OPN~NT CORPORATION a corporation organized
and existing under the laws of the State of TEXAS, and fully authorized
to transact business in the State of Texas, as Surety, are held and
firmly bound unto the City of Denton, a municipal corporation organized
and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of ONE HUNDRED SIXTY TWO THOUSAND TWO HUNDRED
EIGHTY ONE and 50/100 DOLLARS ($162,281.50) plus 10 percent of the stated
penal sum as an additional sum of money representing additional court
expenses, attorneys' fees, and liquidated damages arising out of or con-
nected with the below identified Contract, in lawful money of the United
States, to be paid in Denton County, Texas, for the payment of which sum
well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents This Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement
which increases the Contract price, but in no event shall a Change Order
or Supplemental Agreement which reduces the Contract price decrease the
penal sum of this Bond
TEE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance
Number 97-166, with the City of Denton, the Owner, dated the 17 day of
JUNE A.D 1997, a copy of which is hereto attached and made a part
hereof, for B~D # 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" WATERLINE
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform and fulfill all of the undertakings, covenants, terms, conditions
and agreements of said Contract in accordance with the Plans,
Specifications and Contract Documents during the original term thereof
and any extension thereof which may be granted by the Owner, with or
without notice to the Surety, and during the life of any guaranty or
warranty required under this Contract, and shall also well and truly
perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said
Contract that may hereafter be made, notice of which modifications to the
Surety being hereby waived, and, if the Principal shall repair and/or
replace all defects due to faulty materials and workmanship that appear
within a period of one (1) year from the date of final completion and
final acceptance of the Work by the Owner, and, if the Principal shall
fully indemnify and save harmless the Owner from all costs and damages
which Owner may suffer by reason of failure to so perform herein and
shall fully reimburse and repay Owner all outlay and expense which the
Owner may incur in making good any default or deficiency, then this
obligation shall be void, otherwise, it shall remain in full force and
effect
PERFORMANCE BOND - Page 1
PROVIDED FURTHER, that ~f any legal action be f~led upon th~s Bond,
exclusive venue shall l~e in Denton County, State of Texas
AND PROVIDED FURTHER, that the sald Surety, for value received,
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc ,
accompanying the same, shall ~n anywise affect ~ts obllgat~on on this
Bond, and ~t does hereby waive notice of any such change, extension of
t~me, alteration or addition to the terms of the Contract, or to the Work
to be performed thereunder, or to the Plans, Specifications, Drawings,
etc
This Bond ~s g~ven pursuant to the provisions of Chapter 2253 of the
Texas Government Code, as amended, and any other applicable statutes of
the State of Texas
The undersigned and des~9~nated agent ~s hereby designated by the
Surety here~n as the Resident Agent ~n Denton County to whom any
requisite notzces may be delivered and on whom service of process may be
had ~n matters ar~s~n~ out of such suretyship, as provlded by Article
7 19-1 of the Insurance Code, Vernon's Annotated C~v~l Statutes of the
State of Texas
IN WITNESS WHEREOF, th~s ~nstrument ~s executed ~n FOUR coples,
each one of which shall be deemed an original, this the 17TH day of
JUNE , 19 97
ATTEST PRINCIPAL
SECRETARY ~SIDENT ROBERT E FARROW
ATTEST SURETY
REBECCA S THACKER
The Resident Agent of the Surety ~n Denton County, Texas for dellvery of
notmce and service of the process ~s
NAME SOUTHWEST ASSURANCE GROUP, INC
STREET ADDRESS 9400 N CENTRAL EXPWY , STE 1550, DALLAS, TEXAS 75231
(NOTE Date of Performance Bond must be date of Contract If Resident
Agent is not a corporation, g~ve a penason~Ls name )
BID # 2048
PERFORM/~qCE BOND - Page 2
THE STATE OF TEXAS '
COUNTY OF DENTON ' BOND MO. BCN 1045245
KNOW ALL MEN BY THESE PRESENTS That SABER DEVELOPMENT CORPORATION,
whose address is BOX 540186, DALLAS, TEXAS 75354, hereinafter called
Principal, and BITUMINOUS CASUALTY CORPORATION, a corporation organized
and existing under the laws of the State of ILLINOIS , and fully
authorized to transact business in the State of Texas, as Surety, are
held and firmly bound u~to the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or
improvements hereinafter referred to, in the penal sum of ONE HUNDRED
SIXTY TWO THOUSAND ~O HUNDRED EIGHTY ONE and 50/100 DOLLARS
($162,281 50) in lawful money of the Un,ted States, to be paid in Denton
County, Texas, for the payment of which sum well and truly to be made,
we hereby bind ourselves, our heirs, executors, administrators,
successors, and assigns, Jointly and severally, f~rmly by these presents
This Bond shall automatically be increased by the amount of any Change
Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces
the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number
97-166, with the City of Denton, the Owner, dated the 17 day of JUNE,
A D 1997, a copy of which is hereto attached and made a part hereof, for
BID % 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" WATERLINE
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform 1ts duties and make prompt payment to all persons, f~rms,
subcontractors, corporations and claimants supplying labor and/or
material in the prosecution of the Work provided for in said Contract and
any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being
hereby expressly waived, then this obligation shall be void, otherwise
· t shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond,
exclusive venue shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received,
hereby stIpulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract, or to the Work
performed thereunder, or to the Plans, Specifications, Drawings, etc ,
accompanying the same, shall in anywise affect its obligation on this
Bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Contract, or to the Work
to be performed thereunder, or to the Plans, Specifications, Drawings,
etc
PAYMENT BOND - Page 1
This Bond Ks gmven pursuant to the provisions of Chapter 2253 of the
Texas Government Code, as amended, and any other applmcable statutes of
the State of Texas
The undersigned and desmgnated agent Ks hereby desmgnated by the
Surety herein as the Resident Agent mn Denton County to whom any
requmsmte notices may be delivered and on whom servmce of process may be
had mn matters arlsmng out of such suretyshmp, as provmded by Artmcle
7 19-1 of the Insurance Code, Vernon's Annotated Cmvml Statutes of the
State of Texas
IN WITNESS WHEREOF, this 1nstrument zs executed mn FOUR cop~es,
each one of whmch shall be deemed an ormgznal, thms the 17TH day of
JUN~ , 19 97
ATTEST PRINCIPAL
SABER DEVELOPMENT CORPORATION
SECRETARY ~ ' RO~; E 'pA~R;~
ATTEST SURETY
~IT[]MINO~S CASUALTY CORPORATION
The Resmdent Agent of the Surety mn Denton County, Texas for deliver~ of
notmce and servmce of the process ms
NAME SOUTHWEST ASSURANCE GROUP, INC
STREET ADDRESS 9400 N CENTRAL EXPWY , STE 1550, DALLAS, TEXAS 72531
(NOTE Date of Payment Bond must be date of Contract If Resmdent Agent
Ks not a corporatmon, gmve a para~zlLs name )
BID # 2048
PAYMENT BOND - Page 2
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B,dder's attention is directed to the insurance requirements below It ts 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 requ,rements shall become
contractual obligations which the successful bidder shall have a duty to ma,ntaln
throughout the course of this contract
STANDARD PROVISIONS:
W~thout hmltmg any of the other obhgatlons or hablht~es 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
mdmated hermnafter
As soon as practicable after notification of b~d award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of ~nsurance, containing 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
t~me, however, Contractors are strongly adwsed to make such requests pnor to b~d
opemng, since the ~nsurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted w~th the b~d Contractor shall
not commence any work or 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 pohc~es proposed or obtained in satisfaction of these requirements shall
comply w~th the following general specifications, and shall be maintained ~n
comphance w~th these general specifications throughout the duration of the Contract,
or longer, if so noted
· Each pohcy shall be ~ssued by a company authorized to do business m the
State of Texas vv~th an A M Best Company rating of at least A
· Any deductibles or self-~nsured retentions shall be declared ~n the b~d
proposal If requested by the City, the insurer shall reduce or ehmmate
such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts
AAA00350
REVISED 10/12/94 C] '
1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
8 bond guaranteeing payment of losses and related ~nvest~gat~ons, claim
administration and defense expenses
· Liability pohcles shall be endorsed to prowde the following
· · Name as additional ~nsured the C~ty of Denton, its Officials, Agents,
Employees and volunteers
· · That such ~nsurance is primary to any other insurance available to the
additional msured w~th respect to claims covered under the pohcy and
that th~s ~nsurance applies separately to each msured against whom
claim ~s made or suit ~s brought. The ~ncluslon of more than one
insured shall not operate to mcrease the ~nsurer's hm~t of llabd~ty
· All pohc~es shall be endorsed to provide thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction In coverage
· Should any of the required ~nsurance be prowded under a claims-made
form, Contractor shall maintain such coverage contmuously throughout the
term of th~s contract and, w~thout lapse, for a per~od of three years beyond
the contract expiration, such that occurrences ansmg during the contract
term which g~ve rise to claims made after expiration of the contract shall
be covered
· Should any of the required ~nsurance be provided under a form of coverage
that ~ncludes a general annual aggregate hm~t prov~dmg for claims
~nvest~gatlon or legal defense costs to be included m the general annual
aggregate hm~t, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective L~abd~ty Insurance
· Should any required insurance lapse during the contract term, requests for
payments ong~nat~ng after such lapse shall not be processed untd the C~ty
receives satisfactory ewdence of reinstated coverage as required by th~s
contract, effective as of the lapse date If msurance ~s not remstated, C~ty
may, at ~ts sole option, terminate th~s agreement effective on the date of
the lapse
AAA00350
REVISED 10112194 Gl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS.
All ~nsurance pohmes proposed or obtained m satisfaction of th~s Contract shall
addmonally comply w~th the following marked specifications, and shall be maintained
m comphance with these additional specifications throughout the duration of the
Contract, or longer, ,f so noted:
[X] A. General Liability Insurance:
General Llab~hty insurance w,th combined single hm~ts of not less than
$1 mdhon I1.000.000} shall be provided and maintained by the contractor
The pohcy shall be written on an occurrence basra e~ther m a s~ngle pohc¥
or m a combination of underlying and umbrella or excess pohcms
If the Commercial General L,abd~ty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall ~nclude premises, operations, products, and
completed operations, independent contractors, contractual hab~hty
covering th~s contract and broad form property damage coverage
· Coverage B shall include personal inJury
· Coverage C, medical payments, ~s not required
If the Comprehensive General L~ab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall include at least
· Bodily injury and Property Damage L~ab~hty for premises,
operations, products and completed operatmns, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual hab~hty (preferably by endorsement)
covering this contract, personal injury hab[hty and broad form
properw damage habihW
AAA00350
3
Insurance Requirements
Page 4
[X] Automobile Llabihty Insurance:
Contractor shall provide Commercial Automobile L~ab~hty ~nsurance w~th
Combined Single L~m~ts (CSL) of not less than $1 m~lhon ~1.000.000) e~ther m
a single pohcy or in a combination of basic and umbrella or excess pohc~es
The pohcy will ~nclude bodily injury and property damage hab~l~ty arising out of
the operation, maintenance and use of all automobiles and mobile equipment
used ~n conjunction with this contract
Satisfaction of the above requirement shall be m the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, ~n addition to meeting the mm~mum statutory requirements for ~ssuance
of such insurance, has Employer's L~ab~hty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational d~sease. The C~ty need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the C~t¥,
~ts officials, agents, employees and volunteers for any work performed for the
C~ty by the Named Insured. For building or construction projects, the
Contractor shall comply w~th the provisions of Attachment 1 m accordance
w~th §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all t~mes during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Llab~hty ~nsurance pohcy naming the C~ty as insured 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
AAA00350
REVISED 10/12/~4 C~ ' 4-
Insurance Requirements
Page 5
"occurrence" basis, and the pol,cy shall be ~ssued by the same ~nsurance
company that carnes the contractor's Ilab~hty insurance Pohcy hm~ts w~ll be
at least combined bodily ~njury and property damage per
occurrence w~th a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ms required if Broad form General L~ab~l~ty ~s not prowded or ~s
unavailable to the contractor or if a contractor leases or rents a portion of a
City budding Limits of not less than each occurrence are required
[ ] Professional Llab,lity Insurance
Professional liab~hty ~nsurance w~th hm~ts not less than per claim
with respect to negligent acts, errors or omissions ~n connection w~th
professional serwces ms required under this Agreement
[ ] Bu,lders' R~sk Insurance
Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value
shall be prowded Such pohcy shall ~nclude as "Named Insured" the City of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an ~nd~wdual basra for extra hazardous
contracts and specific service agreements If such additional ~nsurance is
required for a specific contract, that requirement w~ll be described m the
"Specific Conditions" of the contract spec~flcatlons
AAA00350
5
REVISED 10112/84
Insurance Requirements
Page 6
ATTACHMENT 1
[X] Worker's Compensation Coverage for Budding or Construction ProJects for
Governmental Entities
A. Defimtlons
Certificate of coverage ("certiflcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-insure ~ssued by the commission, or a
coverage agreement (TWCC-81, TVVCC-82, 'I'~VCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entlty's employees prowdmg serwces on a project, for the
duration of the project.
Duration of the project - includes the t~me from the beginning of the work
on the project untd the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons prowd~ng serwces on the project ("subcontractor" ~n §406 096) -
includes all persons or entlt~es performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted d~rectly w~th the contractor and regardless of
whether that person has employees Th~s ~ncludes, w~thout I~m~tat~on,
independent contractors, subcontractors, leasing compames, motor
carners, owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to prowde serwces on the project
"Serwces" include, without hm~tat~on, prowd~ng, hauhng, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Serwces" does not include act~wt~es unrelated to the
project, such as food/beverage vendors, office supply dehver~es, and
dehvery of portable todets.
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor prowdmg services
on the project, for the duration of the project
AAAO0350
REVISED 10/12/94 Cl - 6
Insurance Requirements
Page 7
C. The Contractor must provide a cert,flcate of coverage to the governmental
entity pr,or to being awarded the contract
D If the coverage per,od 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 per,od, file a new certificate of coverage w~th
the governmental ent,ty show,rig that coverage has been extended
E The contractor shall obtain from each person prowdmg serwces on a
project, and prowde to the governmental entity
(1) a certificate of coverage, prior to that person begmmng work on the
project, so the governmental entity wdl have on file certificates of
coverage showing coverage for all persons providing serwces on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage show~ng extension of coverage. ~f the coverage
period shown on the current certificate of coverage ends during the
duration of the project
F The contractor shall retain all required certificates of coverage for the
durat,on of the project and for one year thereafter
G The contractor shall not,fy the governmental entity ~n writing by certified
mini or personal dehvery, w~th~n 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing 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' Compensation Commission,
,nforming all persons prov,dmg serwces on the project that they are
required to be covered, and stating how a person may ver,fy coverage and
report lack of coverage.
AAA00350
~EWS~D ~o/~2/~4 CI - 7
Insurance Requirements
Page 8
h The contractor shall contractually require each person with whom ~t
contracts to prowde services on a project, to
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and flhng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011 (44) for all of its employees prowdmg serwces on the project,
for the duration of the project;
(2) prowde to the contractor, prior to that person beg~nmng work on the
project, a certificate of coverage showing that coverage ~s being
provided for all employees of the person providing services on the
project, for the duration of the project,
(3) prowdethe contractor, prior to the end of the coverage penod, a new
certificate of coverage showing extension of coverage, ~f the coverage
period shown on the current certificate of coverage ends dunng the
duration of the project,
(4) obtain from each other person with whom ~t contracts, and prowde to
the contractor
(a) a certificate of coverage, pr[or 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 penod
shown on the current certificate of coverage ends dunng 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) not~fy the governmental entity ~n writing by certified mad or personal
delivery, w~thm 10 days after the person knew or should have known,
of any change that mater~ally affects the prows[on of coverage of any
person prowdmg serwces on the project, and
AAA00350
REVISED 10/12/94 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person w~th whom ~t contracts, to perform
as required by paragraphs (1) - (7), w~th the certificates of coverage
to be prowded to the person for whom they are prowdmg services
J By s~gnlng th~s contract or providing or causing to be provided a certificate
of coverage, the contractor ~s representing to the governmental entity that
all employees of the contractor who wdl prowde serwces on the project wdl
be covered by workers' compensation coverage for the duration of the
project, that the coverage wdl be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements wdl be filed
w~th the appropriate insurance carrier or, m the case of a self-insured, w~th
the commission's Division of Self-Insurance Regulation Prowdmg false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, c~wl penaltms, or other c~wl actions
K The contractor's fadure to comply w~th any of these prows~ons ~s a breech
of contract by the contractor which ent~tles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
w~th~n ten days after receipt of not~ce of breach from the governmental
entity
AAA00350
I
9
REVISED 10112194
BID SUMMARY
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions
Street Address
(If a Corporation) g ) ~
Telephone
B - 1
BID SUMMARY
PROJECT WORK DAYS BID AMOUNT
Boyd St. 6" Waterllne 50 $ / ~ ~/ ~ ~
Rep lacement
Replacement
Award of the contract will be based on the total bid and all work
will be awarded to one contractor. Total work days w~ll be the sum
of work days for all sections that are awarded.
B 2
WORK DAYS 50
BID NO
~ovd St 6" Waterline Replacement PO NO
BID TABULATION SHEET
ITEM DESCRIPTION 9UANTITY UNIT UNIT PRICE TOTAL
1.2~ Contractors Warranties [ LS ~J-~/LS
Understandings
Unit Price in Words.
12-A 6" Waterline 2400 LF 10/LF $~2
unit Pric. in Word., /
12-B 2" Waterline 5S LF $/~d~O/LF
12 8 Ouctil. ~ron ~ittings ~000 ~ ~ O~ /L~
Unit Price in Words.
Unit Price ~n Words. ~).-
~4 ~ire Hydrant 8 EA $/~
Unit Przce in Words
Unit Pri~. in words 7~,~r~.
16-C Relocate/New Water 1 EA $ ~
Service
Unit Price in Words-
Preparation of Right-of- LS $~/LS
Way
Unit Price in Words
Hydromulch 173 SY $ ~%/SY
10
7
12 Temporary Erosion Con~ LS $
Unit Price in Words
P - 3
WORK DAYS 50
BID NO 2048
~ovd St 6" Waterline ReDlace~e~ PO NO
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT T PRICE
3-A Remove Concrete Pavement 4 SY /S¥
Unit Price in Words~ ~&&4~. / ~ .....
3-B Remove Concrete Curb & 5 LF /LF
Gutter
Unit Price In Words.
3-C Remove concrete Walks
Drive
Uni~ Price ~n Wo~d.,
sod (~ac~
Uni~ Price In Wo=d~
8 2-A Concrete Curb ~ Gut=er 5 LF /LF
Unzt Price in Words. ~ ~ ~/~
8.3-8 Co~crete Dr lveway 12
Unit Price ~n Words
SP-iO Rock Excavation 50 CY
SP-37 Excavation Protection 246 LF
P - 4
WORK DAYS 50
BID NO
Boyd St 6" Waterline Replacement PO NO
BID TABULATION SHEET
Unit Prlce in Words
SP-40 Cut & Plug Existing 7 EA $ $
Waterline
Un~ Price an Words
aP-42 Remove Valve Stack 9 EA $ /~ $
Unit Prlce in Words
s~-44 Remove F~r~ ~ydrant 4
Un~ Price ~n Words
SP-46 Mlsc Sprlnkler System LS $
Ad] us tmen~
Unl= Price ~n Words
WS-8 2" Blow Off Valve 2 ~ $ ~/EA
Unit Price ~n Words
P - 5
WORK DAYS
BID NO
McK~nne¥ St $" Waterline Reolaceme~t PO NO
BID TABULATION SHEET
i 21 Contractors WarrantIes & L$ $
Understandings
U~lt Price in Words
2 16-C IRelOca~e/Newserv~ce Wa~er 4 EA $ ~EA
U~lt Prlce 1~ Words
3 1 ~reparae~on of R~ghe-Of- LS $ ~ ILS $
Way
3 12 TempoYary Erosmon Control LS $ ~ /LS $
U~I~ Prince in Words
3 C Remove Concrete Walks & 13 SY $
Drive
3 9 Sod 20 SY
~ ~0 7 ~yd~o~c~ ~7~ sY
Unlt Prince mn Words
WORKDAYS
BID NO
M~Kinnev St. 8" Waterline Replacement PO NO.
BID TABULATION SHEET
8.1 Barricade, Warning Signs
& Detours
I j ~, ~o~
SP-40 Cut & Plug Existing 6 El $ El $
Wa~erline ~ Water
Uni~ Price in Words,
Unit Price in Wo,ds,
P 7
PRODUCER Employ. ers ~neral Insur&n~ G~up~ ~ THI~ CE~IFIOATE I~ I~UED A8 A MAWR OF INFORMA~ON
ONLY AND OONFER~ NO RIG~ UPON ~E CE~FICA~
690 E L~ Blvd HO~ER THI~ CE~IFIOATE DOE~ NOT AMEND. ~ND OR
Ste ~0 ALTER THE COVE~GE AFFORDED BY THE POLICIEB BELOW
Arlington ~ 76011 COMPANIE~AFFORDINQCOVE~QE
A
m
;mURmO ~ ~elp~t ~r~ratlon ~p~ Old Republic Llo~s of T~as
P 0 ~x ~186 B
Dallas ~ 753~ ~P~Y
C
D
~ INSU~ LmsTE, BE~OW ~VE BEEN 18BUED TO THE INSU,ED ~MED ABOVE FOR THE POUCY PERIOD
CERTIFI~TE ~Y BE ISSUED OR ~Y PERTAIN, ~E INSU~OE AFFORDED BY THE POLICIES DESCRIBED HEREIN '8 6U~ECT TO ~ THE TERMS
~CLUSION8 AND COlD'ON8 OF SUCH POLICI~ LIMI~ 8H~N ~Y ~VE SEEN REDUCED BY PAID C~IMS
I~~ TcP-q628~4 ?/28/96 7/28/97 FE~&~WN~U~ 8 1,000,000
X KHEDU~ AUTM ~-q23199 7/28/96 7/28/97 Per ~)
UM8~ FO~ UL-R462053 7/28/96 7/28/97 A~ S 1,000,000
A wo~ ~MPEN~ ~O X m
EMP~ M~IU~ ~-1463379 7/28/96 7/28/97 ~H ~[DENT S 500,000
a~ additional in~u~ on all ~ltci~ ~pt Workers' ~nsa~ton if ~uir~ b~ written contract