1997-285 O OINANCENO
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 sohclted, 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 C~ty Manager or a demgnated employee has received and recommended that
the here~n described Nds are the lowest responsible bids for the construction of the pubhc works or
improvements described m the Nd mwtat~on, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION l That the following competit~ve bids for the construction ofpubhc works or
~mprovements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file ~n the Office of the C~ty's Purchamng Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NLIMBER CO~ AMOUNT
2087 CULLUM PIPE SYSTEMS, INC $'811200
SECTION li That the acceptance and approval of the above competitive Nds shall not
constxtuto a contract between the City and the person submitting the bid for construction of such
public works or improvements hereto accepted and approved, tmtll such person shall comply vnth
all reqarmments specffied in the Not,ce to Bidders Including the timely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certificate after
notification of the award of the Nd
SECTION III That the C~ty Manager is hereby authorized to execute all necessary written
contracts for the performance of the constmctton of the public works or improvements in accordance
with the Nds accepted and approved herein, provided that such contracts are made in accordance
w~th the Notice to B~dders and B~d Proposals, and documents relating thereto specifying the terms,
conditions, plans and speclftcatlons, standards, quantities and specffied sums contained thereto
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the pubhc works and lmprovemems as anthonzed herein, the City Council
hereby authorizes the expenditure of funds m the manner and m the amount as specified m such
approved bids and authorized contracts executed pursuant thereto
SECTION V That t!us or&nance shall become effective immediately upon 1ts passage and
approval
PASSED AND APPROVED this the a~&%ay of
JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
DATE SEPTEMBER 23, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Assxstant City Manager of Finance
SUBJECT BID # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT
~: We recommend this b~d be awarded to the low b~dder, Cullum Pipe Systems lnc,
00
SUMMARY Th~s bid is for all labor and materials necessary ~n the hmng of approximately 1,112 feet of
6" and 8" p~pe and seven manholes Thxs project xs located m the subd~v~smn of Township II Th~s
wastewater main is located m the greenbelt area and ~s difficult for our crews to access Th~s hnmg of the
ex~st~ng mmn will ehmmate roots, stop ground water mfiltratmn and help increase capacity of the hne
Three bxd proposals were recexved m response to nine notices to b~d mmled to contractors
pROGRAMS: DEPARTMENTS OR GROUPS AFFECTED. Water/Wastewater Utthty, c~t~zens m the
Townshxp II area
~ Budgeted surplus funds for 1997 Account # 625-082-047 l-V719-9114
Attachment Tabulation Sheet
Pubhc Utthty M~nutes Recommending Approval
Respectfully submitted
Kathy DeBase
Ass~s't'm~ C~ty Manager of F~nance
Prepared by
Name DeniSe Harpool
T~tle Semor Buyer
T~tle Purchasing Agent
932 AGENDA
3
· 2087
Cullum Pipe Insituform BRH-Garver
TOWNSHIP II WASTEWATER Systems
LINING PROJECT
OPEN DATE 8-21-97
~-- l -~-Y- - DESC:RIPTION VENDOR VENDOR VENDOR
TOTAL BID AWARD $78,112 00 $94,544 00 $115,634 00
BOND? Yes Yes Yes
AGENDA ITEM 4. CONSIDER APPROVAL OF BID OPIU. NING 2087 TO CULLUM PIPE
SYS~S, INC. IN' THE AMOUNT OF $78,11200 FOR
CONSTRUCTION OF TOWNSHIP II WASTEWATER LINING
PROJHCT
Ms Jo~'~ also recemme~d~ ~w~lh~ · ~n~ct to Cullum 1~1~ System~, Inc, m the amount
of $78,112 for the Township H Wastewater lining project which conststs of approximately
1,112 feet of 6" and 8# hnmg material/md rehabflitauon of ? manholes
Bids were received from lnsituform Texark totaling $94,544.00, BP.H-Garret, Inc totaling
$115,634 00, nnd Cullum Pque System totaling $78,112,000 Board Member Newell moved to
accept the bid. Board Member Noi'ton seconded {he motion It pa.m.sed unanimously
5
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 23 day of
SEPTE~m~ A.D., 19 97 , by and between
CITY OF DENTON
of the County of TEXAS and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER,. and
CULLUM PIPE SYSTEMS, INC
2814 INDUSTRIAL LANE
.GARLANDf TX 75041
of the City of GARLAND , County of DALLAS
and State of TEXAS , hereinafter
termed "CONTI~ACTOR..
WITNESSETH: That for and in consideration of ~he payments and
agreements he~ein~fter mentioned, to be made and performed by
OWNER, and under ~ne conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID % 2087 - TOWNSHIP II WASTEWATER LINING PROJECT
in the amount of S7S.11~.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 conditions 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 and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
blueprints, and other drawings and printed or written explanator~
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON WATER/WASTEWATER ENGINEERING
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 ~ax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision end 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 ocoasioned byany error, omission or negligent act
of Contractor, its officers, agents, employees, invltees, 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 State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTi~ACTOR 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 end complete all work wlthln the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The O~NER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
~ ~ By
(SEAL)
ATTEST:
~~ CULLUM PIPE SYSTEMS, INC
CONTRACTOR
Da/l~-~ 7-X 75355
MAILING ADDRESS
97~- 2-,2 L-/o~o
PHONE N~B~
970- ~7~- o9~0
FAX N~BER
APPROVED AS TO FORM: (SEAL)
,'
AAA0184D
Rev. 04/05/96
CA - 3
PERFORMANCE BOND
THE STATE OF TEXAS , Bond ~ 5825633
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That CULLUM PIPE SYSTEMS, 1NC,
whose address ts 2814 INDUSTRIAL LANE, GARLAND, TX 75041, heremafter called Principal,
and S/llm¢O Ill8111IAltflB COlt~AI~ Oft Al~.,~l~tporatlon orgamzed and existing under the laws of
the State of TEXAS, and fully anthonzed to transact business in the State of Texas, as Surety, are
held and firmly bound unto the City of Denton, a mumclpal corporation orgamzed and erastmg under
the laws of the State of Texas, hereinafter called Owner, in the penal sum of
SEVENTY EIGHT THOUSAND ONE HUNDRED TWELVE NO/100--DOLLARS
($78,112.00) 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 connected with
the below identified Contract, in lawful money of the Umted States, to be paid in Denton County,
Texas, for the payment of wbaeh sum well and truly to be made, we hereby brad ourselves, our hetrs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents
This Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but m no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the Pnnclpal
entered into a certain Contract, identified by Ordinance Number 97-285, with the City of Denton,
the Owner, dated the 23 day of September A D 1997, a copy of wbach is hereto attached and made
a part hereof, for BIB # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT
NOW, THEREFORE, if the Pnnclpal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of smd Contract in accordance w~th
the Plans, Speelficatmns and Contract Documents dunng the ongmal term thereof and any extension
thereof which may be granted by the Owner, w~th or w~thout not,ce to the Surety, and dunng the life
of any guaranty or warranty reqmred under tbas Contract, and shall also well and truly perform and
fulfill all the undertalongs, covenants, terms, conditions and agreements of any and all duly
authorized modlfieatmns of said Contract that may hereafter be made, notice of wbaeh mochfieataons
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 wathin a period of one (1) year from the date of final
completion and final acceptance of the Work by the Owner, and, if the Pnnelpal 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 meur m making good any default or deficiency, then this obligation
shall be void, otherv~se, it shall remain in full force and effect
PERFORMANCE BOND - Page 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall he in Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and
agrees that no change, extension of tune, alterauon 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 m anyvase affect its obhgataon on fins Bond, and it does hereby wmve notice of any such
change, extension of time, alteration or adchtlon to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other apphcable statutes of the State of Texas
The understgned and designated agent is hereby designated by the Surety herein as the
Resident Agent m DENTON County to whom any reqmslte notices may be delivered and on whom
service of process may be had in matters arising out of such suretystnp, as provided by Article 7 19-1
of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, tlus lnstmment is executed m 4 copies, each one of which shall
be deemed an original, this the 23 day of September, 1997
ATTEST PRINCIPAL CULLIRq PIPE SYSTE~LS, INC.
PRESIDENT
.A~TTEST f,t ,~'*~'~' SURETY s~co II, ISUR/$CE COMPAItt' OF AIERICA
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is
NAME David O. Turner, Haxeon-Hahoney-Turner, Inc.
8610 King Ceotge Drive, Dallas, Texas 75235
STREBT ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Resident Agent IS not a
corporation, give a gerson's name )
PERFORMANCE BOND - Page 2
Bond ~ 5825633
THE STATE OF TEXAS '
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That CULLUM PIPE SYSTEMS, INC.,
whose address is 2814 INDUSTRIAL LANE, GARLAND, TX 75041, hereinafter called Pnncipal,
and s~'nlg(I° II~SUIL~CE (:01~/ OF Al~a, l~orauon orgamzed and existing under the laws of
the State of TEXAS, and fully anthonzed to transact business in the State of Texas, as Surety, are
held and firmly bound unto the City of Denton, a mummpal corpora'non orgamzed and eyastmg 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 bml&ng or improvements hereinafter
referred to, in the penal sum of SEVENTY EIGHT THOUSANI) ONE FIUNDRED TWELVE
and no/100--- ($78,112.00) in lawful money of the Umted States, to be prod in Denton County,
Texas, for the payment of wbach sum well and truly to be made, we hereby brad ourselves, our he~rs,
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 wbach increases the Contract pace, but m no event shall a Change Order or Supplemental
Agreement which reduces the Contract pace decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnnmpal
entered into a certain Contract, identified by Ordinance Number 97-285, w~th the City of Denton,
the Owner, dated the 23 day of September, A D 1997, a copy of which is hereto attached and made
a part hereof, for BID # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT.
NOW, THEREFORE, if the Pnncipal shall well, truly and foathfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and clmmants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of smd Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly wmved, then this obligation shall be void,
otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteraUon or adchuon 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 ~ts obligation on tlus Bond, and it does hereby wmve notice of any such
change, extension of Ume, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
PAYMENT BOND - Page 1
Th~s Bond is g~ven pursuant to the prowsions of Chapter 2253 of the Texas Government
Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent In DENTON County to whom any requisite notices may be delivered and on whom
service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1
of the Insurance Code, Vemoffs Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, tins mstnunent is executed in 4 copies, each one of wluch shall
be deemed an original, th~s the 23 day of September, 1997
ATTEST PRINCIPAL CULLUH PIPE SYSTEHS, INC.
· ,~TTE~T-~9',~''~ SURETY SAFEiJO INSURANCE COMPANY OF AI, ffiRICA
The Resident Agent of the Surety in Denton County, Texas for delivery of notme and service of the
process is
NAME David O. Turner, liaxson-Mahoney-Turner, Inc.
8610 King George Drive, Dallas, Texas 75235
STREET ADDRESS
CNOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PAYMENT BOND - Page 2
SAFECO INSURANCE COMPANY OF AMERICA
POWER GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY NOME OFFiCe. SAPECO
SEATTLE WASHINGTON g818~
Ne 3318
KNOW ALL BY THE~E ~RE~ENT8
That ~AFECO INSTANCE COMPA~ OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a Was~ngton
corpor;t;~ ~es eKh ~re~ appoint
· ........DAVID 0 TURNER, HARRY J BROWNLEE, STEVEN W POND, STEVEN A GUCKENHEiMER, MICHAE~
DWI~T WILLIAm, LINDA SPRATT, JEFFERY L TRENTHA~, Dallas,
~ts true and lawful attorney(s)-in-fact with full authority to execute on its behalf fldality and surety bonds or undertakings and other
doc~nents of a similar character issued in the course of Its business, and to bind the respective cornpany thereby
IN WITNESS WHEREOF~ SAFECO INSURANCE COMPANV OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
1his 4th day of January 19 93
CERTIFICATE
Extract fr~m the By-Laws of 8AFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA
"Article V Section 13 - FIDELITY AND SURETY BONDS the President any Vine President the Secretar,/ and any Ass~stam V~ce
President appointed for that pu3'pose by the officer in charge of surety operations shaft each have authordy to apposnt md~wduals as
attorneys-m-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of ~ts bus, ness On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile On any instrument conferring such authordy or on any bond or undertaking
of the company the seal, or a facsimile thereof may be Impressed or affixed or m any other manner reproduced provided however
that the seal shall not be necessary to tha validity of any such instrument or undertaking"
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970
"On any cert~hcate executed by the Saoretaw or an assistant secretaw of the Company setting out
b) The provisions of Arllcle V Section 13 of the By-Laws and
0i) A COPy of the power-of-attorney appointment executed pursuant thereto and
(fl~) Certifying that sal(J power-of-attorney appointment is in full force and effect
the signature of the certifying officer may be by facsimile and the seal of the Company may be a facs~rnfle thereof"
I R. A Pierson SecrctaW of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts Of the By-Laws and of a Resolution of the Board of Directors of these corporations and
of a Power of Attorney issued pursuant thereto, are true and correct and that both the By-Laws the Resolution and the Power of
Attorney are st311 ~n full force and effect
IN WITNESS WHEREOF, ] have hereunto set my hand and affixed the facsimda seal of smd corporatmn
23rd Sept:ember 97
th~s day of 19
S-O'/41EP 1193 ~ Reg~steree traaernar~ of Corporatmn
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention Is directed to the ineurance requirements below It ia 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 ae prescribed and provided herein. If an apparent Iow bidder fails to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the euccaesful bidder shall have a duty to ma,ntmn
throughout the course of this contract.
STANDARD PROVISIONS:
W,thout limatlng any of the other obhgations or hab,l,tms of the Contractor, the
Contractor shall provade and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum ~nsurance coverage as
anti,cared hermnafter
As soon as practicable after notification of bad award, Contractor shall file w~th the
Purchas,ng Department satisfactory certificates of insurance, contaimng the bad
number and tatle of the project. Contractor may, upon wntten request to the
Purchasang Department, ask for clarification of any ~nsurance requarements at any
t~me, however, Contractors are strongly advased to make such requests prior to b~d
opemng, sance the ~nsurance requarements may not be mod,fled or waaved after b~d
opening unless a written exception has been subm,tted wath the b~d Contractor shall
not commence any work or deliver any material untd he or she recmves notification
that the cor~tract has been accepted, approved, and signed by the C~ty of Denton
All insurance pohc~es proposed or obta,ned m satisfaction of these requirements shall
comply wath the follow,ng general spec~flcat,ons, and shall be maantamed ~n
comphance w~th these general specaficaflons throughout the duration of the Contract,
or longer, af so noted
· Each pohcy shall be ~ssued by a company authorized to do business ~n the
State of Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retontaons shall be declared m the b~d
proposal If requested by the Caty, the maurer shall reduce or ehm~nate
such deductables or self-insured retentions w,th respect to the C,ty, ats
AAA00350
I~VISED 10/12/~4 CI - 1
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 pollc,es shall be endorsed to provide the following:
· · Name as additional insured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers.
· · 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 ~nsured against whom
claim ~s made or suat as brought The inclusion of more than one
insured shall not operate to increase the insurer's hm~t of liability
· All pohcms shall be endorsed to prowde thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction ~n coverage
· Should any of the required ~nsurance be prowded under a cia,ms-made
form, Contractor shall maanta~n such coverage continuously throughout the
term of this contract and, without lapse, for a per~od of three years beyond
the contract expiration, such that occurrences ansmg dunng the contract
term which give ns· to claims made after exparat~on of the contract shall
be covered
· Should any of the required ~nsurance be prowded under a form of coverage
that includes a general annual aggregate hm~t providing for claims
investigation or legal defense costs to be included ~n the general annual
aggregate limit, the contractor shall either double the occurrence I,m~ts or
obtain Owners and Contractors Protective L~ab~hty Insurance
· Should any required ~nsurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the C,ty
receives satisfactory evidence of reinstated coverage as required by th~s
contract, effective as of the lapse date If ~nsurance ~s not resnstated, Caty
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AAA00360
.EV~SEO ~o/~ ~/~4 CI -
2
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
~n compliance with these additional specifications throughout the duration of the
Contract, or longer, ~f so noted:
A. Genera( Liability Insurance:
General Liabihty insurance with combined single hmtts of not less than
$1,oo0~o0o.oo shall be prowded and maintained by the contractor The pohcy
shall be wn~en on an occurrence basis either ~n a single pohcy or tn a
combination of underlying and umbrella or excess pohc;es.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) Is used
· Coverage A shall include premises, operations, products, and
completed operations, Independent contractors, contractual Iiab~hty
covenng th~s contract and broad form property damage coverage
· Coverage B shall include personal ~n]ury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, ,t shall ~nclude at least'
· Bodily ~n]ury and Property Damage L~ab~l~ty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual llabihty (preferably by endorsement)
covenng this contrac'~, personal ~njury liab~hty and broad form
property damage liability.
AAAO0360
REVISED 10112/94 CI - 3
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance w~th
Combined S,ngte Limits (CSL) of not less than $1,°°°,°°°-°°elther ,n a s~ngle
policy or in a combination of bas,c and umbrella or excess policies The pol;cy
will include bodily injury and property damage liability arls,ng out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be ~n the form of a pohc¥
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 meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Llab;l~ty I~mits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy llm;t for
occupational disease The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all r~ghts of subrogation against the C~ty,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply with the prows~ons 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 Liab,hty Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability ~nsurance policy naming the City as insured for property
damage and bodily ~njury which may anse ~n the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAA00350
4
Insurance Requ,rements
Page 5
"occurrence" basis, and the policy shall be ~ssued by the same insurance
company that carries the contractor's liability Insurance Policy limits w, II be
at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Uability Insurance
Coverage is raquirad if Broad form General Liab~l;ty ~s not prowded or ~s
unavailable to the contractor or ~f a contractor leases or rents a portion of a
C~ty building. Limits of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional liabil;ty ;nsurance w~th hm;ts not less than per claim
with respect to negligent acts, errors or om;ss;ons ~n connection w~th
professional services ;s required under th,s Agreement
[ ] Budders' Risk Insurance
Builders' R~sk Insurance, on an Ali-Risk form for 100% of the completed value
shall be prowded Such pohcy shall include as "Named Insured" the C,ty of
Denton and all subcontractors as their interests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an ~nd~wdual bas~s for extra hazardous
contracts and specific service agreements If such additional ~nsurance ~s
requ;red for a specific contract, that requ;rement w~ll be described m the
"Spec;ftc Conditions" of the contract specifications
AAAO0360
REVISED 1OI12/~4 CI - 5
Insurance Requirements
Page 6
ATTACHMENT I
[x] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A. Definitions.
Certificate of coverage ("certlficate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-insure ~ssued by the comm;sslon, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or entity's employees provld,ng serwces on a project, for the
duration of the project
Duration of the project - ~ncludes the t~me from the beg;nnmg 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 serv,ces on the project ("subcontractor" in §406.096} -
,ncludes 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 with the contractor and regardless of
whether that person has employees. This includes, w~thout llm,tat;on,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project "Serwces" does not include act;wries unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable to~lets
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payrotl 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 prowding serwces
on the project, for the duration of the project
AAA00350
R~V~SED ~o/t2m4 CI - 6
Insurance Reqmrements
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 providing serwces on a
project, and provide to the governmental entity.
(1) a certificate of coverage, prior to that person begmmng work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons prowd~ng 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 dunng the
duration of the project
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G. The contractor shall notify the governmental entity ~n wntmg by certified
ma~l or personal delivery, w~thin 10 days after the contractor knew or
should have known, of any change that materially affects the prows~on of
coverage of any person providing serv,ces on the project
H The contractor shall post on each project s~te a notice, m the text, form and
manner prescnbed by the Texas Workers' Compensation Commission,
~nform~ng all persons prowdlng services on the project that they are
required to be covered, and stating how a person may venfy coverage and
report lack of coverage.
AAA00360
REVISED 10/12/e4 CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually reqmre each person w,th whom
contracts to provide services on a project, to:
{1) provide coverage, based on proper reporting of classification codes
end payroll amounts and filing of any coverage agreements, wh,ch
meets the statutory requirements of Texas Labor Code, Sect,on
401.011 (44) for all of its employees prov,ding serv,ces on the project,
for the duration of the project;
(2) provide to the contractor, pr,or to that person beg,nning work on the
project, a certificate of coverage show, ng that coverage ~s be,ng
prov,ded for all employees of the person prowd~ng services on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extens,on of coverage, ,f the coverage
period shown on the current certificate of coverage ends during the
duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and prov,de 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 per~od. ,f the coverage per~od
shown on the current cert,flcate of coverage ends during the
durat,on of the project;
(5) reta,n all required certificates of coverage on file for the durat;on of
the project and for one year thereafter,
(6) not~fy the governmental entity ;n writing by certified mail or personal
delivery, w,th~n 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 prowding serwces on the project, and
AAAO0360
REVISED 10112/94 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person w,th whom ,t contracts, to perform
as required by paragraphs (1) - (7), 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 well
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, end that all coverage agreements will be filed
with the appropriate Insurance carrier or, in the case of a self-insured, w~th
the commission's Division of Self-Insurance Regulation. Prowding false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civ,I actions. ,
K. The contractor's failure to comply w~th any of these prowsions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
wlth;n ten days after receipt of notice of breach from the governmental
entity.
AAAO0360
REVISED 10/12/~4 Cl - 9
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 ~he contract.
It is understood that the work proposed to be done shall be
accepted, when full~ completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certi~ies that the bad 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 th~s
proposal, shall control over extensions.
CONTP~CTOR~
Street Address
city and state
Seal & Authorization
a corporation
- Telephone
B - 1
BID # 2087
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
TOWNSHIP II WASTEWATER LINING PROJECT
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or parties interested in this proposal
as principals are those named berem, that th~s proposal is made without collusion with any
other person, firm or corporatmn, that he has carefully exarmned the form of contract, Notice
to B~dders, specifications and the plans thereto referred to, and has carefully examined the
locations, cond~uons, and classes of materials of the proposed work and agrees that he will
provide all the necessary labor, maelunery, tools, apparatus, and other items ~ncldental to
constructmn, and wdl do all the work and furmsh all the materials called for m the contract
and spec~ficaUons m the manner prescribed berem and according to the requirements of the
C~ty as thereto set forth
It is understood that the following quantmes of work to be done at urat prices are approxunate
only, and are ~ntended principally to serve as a grade in evaluating b~ds
It ~s agreed that the quantmes of work to be done at umt prices and material to be furmsbed
may be increased or dnnlmshed as may be considered necessary, in the op~mon of the C~ty, to
complete the work fully as planned and contemplated, and that all quanuues of work whether
increased or decreased are to be performed at the umt prices set forth below except as prowded
for ~n the speclficaUons
It Is further agreed that lump sum prices may be mcreased to cover additional wo. rk order.e.d .by
the City, but not shown on the plans or req~u?ed by the specifications, ~n accorclance w~m me
provlsmns to the General Cond~tmns Sumlarly, they may be decreased to cover deletmn of
work so ordered
It is understood and agreed that the work ~s to be completed m full w~tlun the number of work
days shown on the bldtabulauon sheet
Accompanying this proposal ~s a certified or cashier's check or
Bond, payable to the Owner, in the amount of five percent of the
total bid.
It is. understood that the b~d security accompanying this proposal
shall be returned to the bfdder, unless in case of the acceptance
of the proposal, the bidder shall fail to execute a contract and
file a performance bond and a payment bond wil~hin fifteen days
after its acceptance, in which case the bid security shall become
the property of the Owner, and shall be considered as a payment for
damages due to delay and other inconveniences suffered by the Owner
on account of such failure of the bidder. Owner reserves the right
to reject any and all bids. Owner may investigate the prior
performance of bidder on other contracts, either public or private,
in evaluating bid proposals. Should bidder alter, change, or
qualify any specification of the bid, Owner may automatically
disqualify bidder.
The undersigned hereby proposes a~d agrees to perfo~ all work of
whatever nature required, in strict accordance with the plans and
specifications, for the following sum or prices, to wit:
P - 2
WORK DAYS 30
BID NO 2087
Townshw II Wastewater L,mne Prolect PO NO
BID TABULATION SHEET
ITEM D~qCRIPTION QUANTrr¥ ] UNIT UNIT PRICE TOTAL
1 21 Contractors Warranties and $~;,.~a~/LS $.~/.~
Understand,rigs
UmtPncemWords 7'/are-.~(./']~ //~.a~/.~a/
310 [ Preparation of R,ght-of-Way I [$
Umt Pr,ce ,n Words
312 I Temporary Eros,on Control I I$
8 10 Bamcade,Warnmg S,gns & $ ~/LS $
Detours
SP-39 I Pro. leer Signs ' 1 I
Umt Pr,ce m Words ~. J~ ~/,
WS-14 Manhole Frame & Cover -- 7 '
WS-16 Precast Concrete Manhole 12
Grade Rings $
Umt Pr,ce m Words ~ ~4~d ~'~'~
WS-32'33 6" Sewer Lineal 336 1'
Umt Price m Words
WS-32/33 ] 8~ Sewer Lm~l 7~1 I
Umt Price m Words ~ ~
Urn, Price m Words ~ /~
I TOTAL I
Total Price ~n Words ~ ~
THIS OER~FIOATE IS ISSUED AS A MA~fl OP INFORMA~ON ONLY AND
' CONFER8 NO RIQHT8 UPON THE CER~FICA~ HOLDER THIS CER~FICATE
~0~ · ~ · ~ DOE8 NOT AMEND, EXTEND OR ALTER THE COVERAQE AFFORDED BY THE
]~ - ~0~ POUCIE8 BELOW
8610~NGGEO~ED~,D~75235-~292 COMPANIES AFFORDING COVERAGE
~RY J LEE L~.
c~ S T~ELERS ~E~TY OF CO~.
CULL~ CONSTRUCTION CO. ~ ~NC. ~ C T~VELER5 ~E~TY
CULL~ PXPE ~Y~TE~S~
BOX 550489 co~,~ D
DALL~ TE~ 75355
~y ~ ~UOY ~RA~N UM~
~PE OF IN~N~B ~Y NU~ DA~ (U~D~ DA~(M~D~
C~M~CI~ GEN~ Ll~lLl~ D~B1K~C ~ODU~COMP~ AGO S 2~000~000
C~S~D~ X ~u. 07/12/97 07/12/98 ~vl~.~ s 1,000,000
~ER~&~CT~PROT ~CH~U~NCE $ ~1000, 000
~ ~0~ ~ FIRED~AGE(~y~oflre) $ 1001000
~D ~E~SE (~ on~ ~n) $ 5 ~ 000
AU~B~ ~ml~ C~BINED 8INGLE
AUTO BLCA~SlKS~gTLC Lm~mT S [ ~ 000 ~ 000
~ O~ED ~u~m 07/[2/g? 07/[2/g8 ~O~V ~.~
O~AOE LI~IL~ PR~ER~ O~AGE
~B~ ~CH ~CURR~ S 5. 000~ 000
UM~EEL~ DEMCU~5IK~T 07/[2/97 07/[2/98 ~; ~ 5,000,000
AND DEEUBgS1KS3~ND 07/~2/97 07/~2/g8~cH ~ccm~Em s ~,000,000
DSE~E P~ICYLIM~ S [, 000, 000
E~m' ~mm~ oms~ ~OH EMPLO~E ~ ~ ~ 0 0 0 ~ 0 0 0
RE: BID #2087 - TOWNSHIP II WASTEWATER LINING PROJECT
CITY OF DENTON IS LISTED AS ADDITIONAL INSURED ON GL & AUTO. WAIVER
OF SUBROOATION IS INCLUDED ON WC.
.qITY OF DENTON LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
~15 E. MCKINNEY ~AUmOR~F-" *'n .
DENTON TX 76201 ~'~ :,~~~