1997-348AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDiNG FOR THE
EXPENDITUR~ OF FUNDS THEREFOR, AND PROVIDiNG FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated competmv¢ bids £or the
construction of pubh¢ works or improvements m accordance with the procedures o£ STATE law
and City ord,nances, 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, 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 ofpubhc 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 assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2080 I)BR CONSTRUCTION $ 53,327.00
SECTION 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 reqmrements specified in the Notice to Bidders including the timely execution of a written
contract and furmsbang 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 m 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 specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above compet~tave b~ds and the
execution of contracts for the pubhc works and ~mprovements as authonzed here~n, the City Council
hereby authorizes the expenditure of funds m the manner and an the amount as specffied in such
approved b~ds and authorized contracts executed pursuant thereto
~ECTION V That this ordinance shall become effectave ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED thas the day of ~t~/~/~' .1997
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
BID # 2080
I~ID NAME COMMUNITY SIDEWALKS - WEST H & J FLOYD DBR
SIDE OF BOLIVAR CONST SMITH CONST
OPEN DATE 8-7-97
# QTY DIL~CRIPTION ?E_N_DO~R VENDOR _ VENDOR
TOTAL BID AWARD $49,318 00 $53,886 05 $53,327 00
BID BOND YES YES YES
CONTRACT AGREEMENT
STATE OF TEXAS ~
COUNTY OF DENTON ~
THIS AGREEMENT, made and entered into this 2 day of
DECEMBER A.D., 19 97, by and between
CITY OF DENTON
of the County of D~NTaN and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
2301 HINKLE DR
DENTON, TX 76201
of the City of D~NTON , County of DENTON
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:
RID ~ 2080 -- COMMUNITY SIDEWALKS-WEST SIDE BOLIVAR
in the amount of $53~327.00 and all extra work In
connection therewith, under the terms as stated in the General
Conditions of the agreement; add 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
CA - I
accordance with the plans, which includes all maps, plats,
blueprints, and otherdrawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by:
ENGINEERING DEPARTMenT AND CDEG DEPARTMENT
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. 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.
to
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 Q~ 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 star~ of work as set forth In written
notice to commence work and ~omplete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above wrltten.
~, By
(SEAL)
ATTEST: ~!~ ~
-- CONT~CTOR
~ILING ADDRESS
N~BER
~RINTED N~E
APPROVED AS TO FO~: ' (S~L)
City Attorney
AAA0184D
Rev 07/28/94
CA - 3
Ot'JD PRE'WJUM BASED ON
FINAL CONTRACT PRICE
Bona #729568
CO~ O~ D~O~ ,
~OW ~ ~ ~y ~ P~S ~ ~R CO~U~O~, w~
qapitol Ind~mni~y Corporation , a ~O~on ~ ~d ~ ~ ~ hw$ of~e
S~ of 't'~, ~ ~ly ~ M ~ b~ m ~c S~ ofT~ ~ S~tf, ~ ~Id
~d ~ ~ ~to ~ ~ ofD~ a mm~ co~
I~s of~ S~ cfTc, h~ ~1~ ~, m ~e p~ ~ of
Mdm~ ~ ~s~, ~m~' f~s, ~d hqmd~
· e below ~dm~fl~ Coa~ m lawhl mon~ of ~e Umt~ ~ ~ ~ prod m Donton Co~,
T~ for ~e pa~ ofw~ s~ ~1 ~ ~y ~ be ~ we ~y biM o~elv~, o~ h~
~ Bond ~1 ~ly be ~o~ by ~ ~o~t of~y ~ga O~= or Su~l~
A~t wh~ ~ ~e Coa~ price ~ ~ ~ ~ offs Boa&
~E OBLIGA~ON ~ PAY S~
~t~ rotc a c~n Con~ ~d~flfiM by O~ce N~b~ 97~4~ ~ ~e Ct~ of D~to~
· e ~, ~ tho 2 ~y of DE~ER A D. 19~, a ~py or.ch is h~o ~ ~d
rome a p~ h~K for BID g 2080 - ~~ ~EW~.~T ~E OF
NOW, ~O~, ff~e ~c~p~
of my ~ or w~ ~ ~d~ m,s ~n~ ~d ~ ~o well ~ ~ly p~o~ ~d
· ~11 ~1 ~e ~n~, ~v~t~ te~, ~ons ~d a~ of ~y ~d ~I ddy
~ ~e S~y bern8 h~by wmv~, ~ ~f~e P~d~ ~ail
f~l~ mat~s ~ _
~mpl~on ,~ ~ ~ep~ce of ~e Wo~ by ~ ~ ~ ff ~ ~cip~ s~l ~y
~ md savc ~ ~c ~n~
~n o~ ~l~ to M ~o~ ~m ~1 ~s~ ~ ~g~ w~ch ~ may su~ b~
s~l bc void. o~l~, ~t s~ ~a m ~l ~o~c nd c~t
PRRFOI~%~CE DOND - Page 1
PROVID~r~ IrORTH~R, that ffeny lo~al sctton ~ fiI~ upon ~s
~1 he ~ ~ ~, S~ta often.
~ PRO~ ~ ~ ~ ~ S~, for ~ ~v~ h~by ~p.m*~ ~d
a~ ~ ~ c~g~ ~on of~ ~t~ ~ ~uon to ~ t~ of
Wo~ to,~ p~o~ ~h~, or~ ~ P~ Sp~fi~o~ D~-~, ac., ~~ ~c
~ge, ~on of~c, Mtmfion or ~hon to ~ ~ of~e Co~c~ or m ~e Wo~ ~ be
~s Bond m ~ pm~t ~ ~c ~visiom of ~ 2253 of ~o T~ ~v~t
C~e, ~ m~ ~ ~ o~ ~phc~le s~t~ of~ 8tm of T~
~c ~d~i~ ~d dm~t~ ag~t ~ hmby d~ by
R~id~t ~t in DEaN Co~ to w~m my ~m~ m~ ~y be &hv~
~ of~ ~ M ~ m ~t~ ~ out of~ ~hlp, ~ ~d~ ~ ~cle 7 I~1
of thc ~ C~ V~on's ~o~t~ Ci~ Sta~t~ of ~c 8~te of T~
A~T: P~C}AL
DBR Constr~ction C~y, Inc
A~ST.
A~O~.~-FA~
Marz Hart Candace Damiano
N~ V R Damiano, Jr
~~DR~S~ 17774 Preston Rd , Dallas, TX 75252
~OTE Date of Peffo~c~ Bond m~t be ~ ofCon~t IfR~td~t Ag~t m not a
PERFORMANCE BOND - Pago 2
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
THE STATH
~ OF D~N
~OW ~ ~ BY ~E p~K~ ~ DB
~fl~v~ ,~,~- ~:~.-~ _~m~S~ofT~ ~ S~, ~d
------~--,m~p~t~OI-~ .~_~_ ~ --- -'
v, ~, ~ ~ pa~ Otwm~ ~ well ~ ~y~ ~ ~ ~ h~y ~ o~l~
o= ~ ~ ~,~ ~ ..... ~ ............
. . - ~.,~ w~ ~ ~ ~n~t .... but
~ OB~GA~ON ~ PAY S~: -~
~c a ~ h~ ~ ~ A~ 1997, a ~py ofw~ch ~a h~o ~ ~d
NOW, ~~ if~ ~p~ ~ ~1~ ~y ~d fm~y p~o~ i~ d~ ~d
labor ~ ~ ~ ~ P~Uhon of~e Wo~ pm~ ~r m ~d ~n~t
d~y ~o~ mo~o~ o~ ~d ~t ~ may h~ ~ ~ noti~ of whi~
m~hons to ~e S~ ~ h~by ~ly w~v~ ~ ~s obh~ion ~I be vmd,
P~O~ ~ ~ ~my 1~ ~Uon ~ fil~ ~ ~
he m D~on Co~, T~
~ PRO~ ~ ~t ~e ~d S~, for ~ ~ ~by
s~ ~! v~ c~ ~on of~c, ~on or ~tton ~ ~c t~ of~e ~n~t, or
c~ge, ~on of~m~ ~hon or ~on ~ ~c ~ of~e ~n~ or ~ the Work ~obc
p~o~ ~, or to ~e PI~ S~icaho~. Dm~s, ~.
PAItl~ENT BOND - Page
Thin Bomi Is given purmant ~o fl~ pmv~lons of Ouspter ~.53 of the Texas Gove~nm~t
Cod~ a~ amended, ~ ~ o~ ~H~Io ~ of ~ S~ of T~.
~ ~ ~d d~ ~ m ~y d~t~ by ~ S~ ~ ~ ~e
~ A~ h D~N ~ ~ w~ ~y ~ m~ my ~ ~H~ ~ ~ whom
~ of~ ~ ~ ~ ~ m~ ~ ~ of~ ~p, ~ p~ ~ ~olc 7.1 ~t
of ~ ~ ~, V~n's ~ Cs~ ~ of~e S~ of T~.
~S ~OF, ~ ~ a ~ ~ 4 ~l~ ~ one of which ~I
be ~M ~ ~, ~is ~ 2 ~ of D~~ 1~7.
ATTE,~T: PRINCIPAL
DBR Construction Company, Inc, '"' ~
BY BY. ~ ~0~4~
. Candace Damiano C ~ ~ ~
~. v. ~. n~o. ~, 10?''' -
8~DR~S:. [777~ Preston Rd , Dallas, TX 75252
~ Da~o o~Pa~t Bo~ m~t ~ d~ ofCon~t I[R~d~t AS~ ~s not a
PA~4EN'T BOND - Page
INDEMNITY CORPORATION
4610 UNIVERSITYAVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO P O BOX 5900 MADISON WI 53705 0900
PHONE (608) 231 4450 * FAX (608) 231 2029
POWER OF A'I'rORNEY NO 4 5 5 @ 8
Krtew all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of Wts~onsf~ hawng ~ts pnnc~pal offices m ~he City of Madison, W~scons~n, does make, constitute and appoint
-- V R DA.,~ZANO, J-E, SA.,~ES V D~I~O, C~ACE D~O, ~ .........
............ · -~ R ~K,
~ts true and lawful A~rney(s)-~n-fact to make, execute, se~l and deliver for and on ~ts behalf, as surety, and as ~ act
and deed, any and ~i b~nds, ~nde~akmgs and Centrals Of suretysh,p, ~rowded that no bond or unde~ak~ng or contract
of Suretyship executed under mls authonty sba l exca~ m amount the sum of ............................. N~ TO EXCEED $5,~,~ ~ .............................
Th~s Power of A~orney ~s granted and ~s s~gned and sealed byfacs~m~le under and by the authonty of the following
Resolution adopted by the Board of D~rectors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
held on the 5th day of May 1960
RESOLVED, that the Presider and V~ce Pres~dent~ the 8ecret~ o~ Treasurer acbng ~ndlwdually or othe~se be and lhey hereby are granted
· e power and authorj~n to ~poi~{ by a Power of AEo~ey for ~e pu~ses only of executing ~d a~eshng bonds and unde~kmgs and other
writings obligatory ~n the Oat~te tSereof one or more reside~t mca presidents assistant secretaries and aEorney(s) Jn fact each appointee lo have
the ~wem and du~ss usual ~ such office to the bus~ne~s of th~ company, the s~gnature of su~ offtcers and seal of the Company may be aff~xeo
to any such power of ~m~ or to any ce~flcate re~at~ng thereto by fa~im[le a~ a~ su~ power of attorney or csmhcats bearing such f~sJm[le
signatures or facsimile seal shall be vahd and binding upon the Company and any such power so executed and ce~fled by facsimile s~gnatures and
facsimile seal shall be vaJid and binding u~n the Company ~n the future with respect to any bond or unde~akmg or other writing obl~gato~ m the
nature thereof to whl~ iJ Js a~ached Any such appointment may be revoked for cause or w~thout cause by any o~ said ofhcers at any l~me
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be s~gned by
~ts officer undersigned and ~ corporate seal to be hereto affixed duly aEested by ~ts Secretary, thru 1 st day of June, 1993
CAPITOL INDEMNITY CORPORA~ON
~hu,te Secret.~ ~ ~( /G~, Fait, Pres,dent
COUN~ OF DANE
On the 1 st day of June, A D, 1993, before me personally came George A Fa~t, to me known, who bemgby me duly
sworn, d~d depose and say that he resides m the Coun~ of Dane, State of Wisconsin, that he is the President of
CAPITOL INDEMN~Y CORPORATION, the corporation described ~n and which executed the above instrument that
he knows the seal of the ~d corporation, that the seal affixed to sa~d instrument ~s such corporate seal, that ~t was so
affixed by order of the ~ard of D~rectors of smd co~orat~on and that he s~gned h~s name thereto by I~ke order
· * Peter ~ Hans
COUN~ OF DANE Notaw Pubtlc, Dane Co, WI
..~1118~11~ My Commission Is Permanent
CERTIFICATE
l, the undersigned, duly elected to the office stated below, now the ~ncumbent ~n CAPITOL INDEMNITY
CORPORATION, a W~sconsm Corporation, authorized to make th~s certificate DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains m full force and has not been revoked, and furthermore that the Resolution of the
Board of D~rectors, set forth tn the Power of Attorney is now ~n force
SIgned and sealed at the C~ty 0f Madtson Datedthe 2ad dayof ~December ,1997
This power is vahd only if the power of attorney number prlnte*:~'i~' upper right hand corner appears in red Photocop,es carbon copies or
other reproductions are not birtd~ng on the company Inqumes concerning this power of attorney may be directed to the Bond Manager at the Home
Off,ce of the Cap~tol Indemnity Corporation
IMPORTANT NOTICE
To obtain ~nformat~on or make a complaint
You may contact the Texas Department of Insurance to obtain ~nformabon on
companies, coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P O Box 149104
Austin, TX 78714-9104
Fax #(512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a d~spute concermng your premium or about a claim, you
should contact the agent or the company first If the dispute is not resolved, you
may contact the Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY.
This notice ~s for ~nformat~on only and does not become a part or cond~bon of the
attached document
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the Insurance raqmremants below. It is highly
recommended that bidders confer w,th thmr respective Insurance carriers or brokers
to determine In advance of Bid submission the ava,lability of insurance certificates and
endorsements aa prescribed and provided herein If an apparent Iow bidder fails to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
W~thout hm~tlng any of the other obhgat~ons or I~abd~t~es of the Contractor, the
Contractor shall prowde and maintain untd the contracted work has been completed
and accepted by the City of Denton, Owner, the m~mmum ~nsurance coverage as
~nd~cated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file wroth the
Purchasing Department satisfactory certificates of ~nsurance, containing the b~d
number and t~tle of the project Contractor may, upon written 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 prior to b~d
opemng, s~nce the insurance requirements may not be modified or waived after b~d
opemng 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 race,vas notification
that the contract has been accepted, approved, and signed by the C~ty of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the follow~ng general specifications, and shall be maintained m
compliance w~th these general specifications throughout the duration of the Contract,
or longer, ~f so noted
· Each pohcy shall be ~ssued by a company authonzed 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 C~ty, the ~nsurer shall reduce or ehm~nate
such deductibles or self-insured retentions w~th respect to the C~ty, ~ts
AAA00350
REVISED 10/12/94 Cl -
1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related ~nvestlgat~ons, claim
admmistrat~on and defense expenses
· Llablhty policies shall be endorsed to provide the following
· · Name as additional insured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
®e That such Insurance is primary to any other insurance available to the
additional ~nsured with respect to claims covered under the pohcy and
that this ~nsurance applies separately to each ~nsured against whom
claim ~s made or su~t ~s brought The ~ncluslon of more than one
insured shall not operate to ~ncrease the ~nsurer's I~m~t of hab~l~ty
· All pohc~es shall be endorsed to provide thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction m coverage
· Should any of the required insurance be prowded under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of th~s contract and, w~thout lapse, for a period of three years beyond
the contract expiration, such that occurrences arising 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 prowded under a form of coverage
that includes a general annual aggregate hm~t providing for claims
~nvest~gat~on or legal defense costs to be ~ncluded ~n the general annual
aggregate I~m~t, the contractor shall e~ther double the occurrence hm~ts or
obtain Owners and Contractors Protective L~ablhty Insurance
· Should any required ~nsurance lapse during the contract term, requests for
payments originating after sqch lapse shall not be processed untd the C~ty
receives satisfactory ewdende of reinstated coverage as required by th~s
contract, effective as of the lapse date If insurance ~s not reinstated, C,ty
may, at ~ts sole option, terminate th~s agreement effective on the date of
the lapse
AAA00360
REVISED 10/12/94 Gl - 2
Insurance Requ,rements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ,nsurance pohc~es proposed or obtained ~n satisfaction of th,s Contract shall
addmonally comply with the following marked specifications, and shall be maintained
in compliance w~th these additional specifications throughout the duration of the
Contract, or longer, ,f so noted:
[X] A. General Llab,lity Insurance.
General L;ab~hty ~nsurance w~th combined single hm~ts of not less than
1.000.000 shall be provided and ma;nta~ned by the contractor The
policy shall be written on an occurrence bas~s either m a s~ngle pohcy or ;n
a combinat~on of underlying and umbrella or excess pohcles
If the Commercial General L~abd~ty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall include premises, operations, products, and
completed operat;ons, independent contractors, contractual habd;ty
covering th~s contract and broad form property damage coverage
· Coverage B shall ~nclude personal injury
· Coverage C, medical payments, ;s not requ;red
If the Comprehensive General Llab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ;s used, ~t shall include at least
· Boddy inlury and Property Damage L~ab~hty for premises,
operations, products and completed operations, ;ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU} exposures
· Broad form contractual Imblhty (preferably by endorsement)
covering th~s contract, personal ~njury hab~hty and broad form
property damage hab~hty
AAAO0350
REVISED 10/12/94 CI - 3
Insurance Requirements
Page 4
[X] Automobile Liability Insurance.
Contractor shall provide Commercml Automobile Llab,hty ,nsurance w~th
Combined S~ngle LIm~ts (CSL) of not less than 500.000 either m a s~ngle
policy or m a combination of basic and umbrella or excess policies The pol,cy
will include bodily injury and property damage hab~hW arising out of the
operation, maintenance and use of all automobiles and mob;le equipment used
In conjunction with th,s 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 ~nsurance
which, m addition to meeting the m~mmum statutory requirements for ~ssuance
of such ~nsurance, 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 pohcy 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 C~ty,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For budding or construction projects, the
Contractor shall comply w~th the provisions of Attachment 1 ~n 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 obta;n, pay for and ma;nta~n at all times dunng 'he
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective L~ab~hty ;nsurance pohcy naming the C~ty as insured for property
damage and bodily ;njury which may anse ~n the prosecut;on of the work or
contractor's operations under this contract Coverage shall be on an
AAA00350
REVISED 10/12/94 Gl - 4,
Insurance Requirements
Page 5
"occurrence" basis, and the policy shell be issued by the same Insurance
company that carries the contractor's hab~hty ~nsurance Policy limits w~ll be
at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required If Broad form General L~abd~ty ~s not provided or ~s
unavailable to the contractor or if a contractor leases or rents a portlon of a
City building Limits of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional liability ~nsurance with hm~ts not less than per claim
with respect to negligent acts. errors or omissions ~n connection w~th
professional serwces ~s required under th~s Agreement
[ ] Builders' Risk Insurance
Builders' R~sk Insurance. on an AII-R~sk form for 100% of the completed value
shall be provided Such pohcy shall ~nclude as "Named Insured" the City of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other insurance may be required on an ~nd~wdual bas~s for extra hazardous
contracts and specific service agreements If such additional Insurance is
required for a specific contract, that requirement w~ll be descnbed ~n the
"Specific Conditions" of the cont~ract specifications
AAA00350
,~WS~D ~0/~2/~4 CI - 5
Insurance Requirements
Page 6
ATTACHMENT 1
IX] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Entities
A Deflmt~ons
Certificate of coverage ("certlflcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-~nsure ~ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or entlty's employees prowdmg serwces on a project, for the
duration of the project
Duration of the project - ~ncludes 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 serwces on the project ("subcontractor" ~n §406 096) -
~ncludes all persons or ent~tles performing all or part of the serwces 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 includes, w~thout hm~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 services on the project
"Serwces" ~nclude, w~thout hm~tat~on, prowdmg, hauhng, or dehvermg
equipment or matenals, or prowdmg labor, transportation, or other serwce
related to a project "Serwces" does not ~nclude actiwt~es unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
dehvery of portable todets
B The contractor shall prowde 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 serwces
on the project, for the duration of the project
AAA00350
REVISED 10112/94 CI - 6
Insurance Requirements
Page 7
C. The Contractor must prowde 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 prowd~ng serwces on a
project, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work on the
project, so the governmental entity w~ll have on file certificates of
coverage show~ng 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 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 not~fy the governmental entity ~n wntmg 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 prows~on of
coverage of any person providing serwces on the project
H The contractor shall post on each project site a notice, ~n the text, form a~d
manner prescribed by the Texas Workers' Compensation Comm~ssmn,
~nform~ng all persons prowdmg serwces on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
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REVISED 10/12/94 (~1 -
7
Insurance Requirements
Page 8
h The contractor shall contractually require each person w~th whom ~t
contrscts to prowde services on a project, to
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and fihng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of ~ts employees prowd~ng services 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 prowdmg 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, ~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 prowde to
the contractor'
(a} a certificate of coverage, pnor to the other person beginning
work on the project; and
(b} a new certificate of coverage showing extension of coverage,
pnor to the end of the coverage penod, ~f the coverage penod
shown on the current certificate of coverage ends during the
duration of the project,
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental entity ~n wnt~ng by certified ma~l or personal
delivery, w~thln 10 days after the person knew or should have known,
of any change that materially affects the prows~on of coverage of any
person prowding serwces on the project; and
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REVISED 10112/~4 Gl ~ 8
Insurance Requirements
Page 9
(7) contractually require each person with whom ~t contracts, to perform
as required by paragraphs (1) - (7), w~th the certificates of coverage
to be provided to the person for whom they are providing services
J. By slgmng 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 w~ll prowde 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 wdl be filed
with the appropriate insurance carrier or, ~n the case of a self-insured, with
the commission's D~vis~on of Self-Insurance Regulation Prowdlng false or
misleading ~nformation may subject the contractor to administrative
penalties, criminal penalties, clwl penalties, or other c~vll actions
K The contractor's failure to comply w~th any of these provisions ~s 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
w~thm ten days after receipt of not,ce of breach from the governmental
entity.
AAA00350
~"'VISED 10/1~'/94 CI -
9
BID SUMMARY
TOTAL BID PRICE IN WORDS. **Fi'fty Three Thousand Three Hundred
Twenty Seven and 00/100'*
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 clmms 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 satisfact~on 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.
Don Richards/President
2301 Hinkle Dr.
Street Address
Denton,TX 76201
City and State
Seal & AuthonzaUon
(If a Corpomuon) 940/383-3007
Telephone
B-1
WORK DAYS 20
BID NO
C0mmumty Sidewalks - West S,de of Bolivar PO NO
BID TABULATION SHEET
3-C Remove Walks and Drives 1081 SY $ 9 oo /SY $ 9729 oo
Umt Price in Words *Nine Dollars and Zero Cents*
31 Preparation of Raght-of-Way " ILS I$ 2500.00/LS I$ 2500 00
Umt Price in Words *Twenty Five Hundred and Zero Cents*
Umt Price in Words kFifty Dollars and Zero Cents*
81
land Detours
Umt Price m Words *Five Hundred Dollars and Zero Cents*
[ Fiber Reinforcement
Umt Price in Words ~ollars and Zero Cents
$2500 OO/LS 2500 oo
21 retractors Warranties and --
Understa_nd,ngs
Urat Price in Words ,Twenty Five Hundred Dollars and Zero Cents*
SP-39 Project Sign 1 EA $ 200 oo/EA 20o oo
Urat Price In Words Hundred Dollars and Zero Cents*
3-B Curb and Gutter 126 $ 10 00 /LF $ 1260 00
Umt Price m Words *Ten Dollars and Zero Cents*
3 3 'nclasslfied Excavation 45 CY 10 00/CY $ 450 oo
Umt Price In Words Dollars and Zero Cents*
8 2-A '.oncrete Curb and 126 $ lO.oo/LF $ 126o oo
Gutter
Umt Price in Words Dollars and Zero Cents*
;P-2 Sawcut 799 LF $ 2 O0/LF $ 1598 O0
Urat Price in Words *Two Dollars and Zero Cents*
P-3
WORK DAYS 20
BID NO
Commumtv S~dew{~ll~ - W~st $l¢le of Bol,var PO NO
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL
PRICE
8 3-B 6" Concrete S,dewalk 127 SY $ 31 5o/SY $ 4000 00
w~th F~ber
Umt Price m Words
*Thirty One Dollars and Fifty Cents*
Umt Price in Words Five Dollars and Zero Cents*
*One Dollar and Zero Cents*
J TOTAL J$ 53,397 00'*
P-4
~1~ CER~¢I~A~ I~ I~UED A8 A MAWR OF INFORM&~ON ONLY AND
CONFER8 NO RI~H~ UPON ~E CER~OA~ HOLDER ~1~
DOE8 NOT AMEND~ ~ND OR A~R ~E COVERAGE AFFORDED BY
~0 S. ~E, Sure A , COMPANIES AFFORDING COVE~GE
c~ B T~n~ kloy~ IM Co
~ 0 T~ We~ C~p I~ Fund
Don
A
Wo~ere' Compe~Aatlorl pell~jf oeverl Exeoutlve ~1~ enl~
LlabI/~ and Au~ LIeblIIW Welv~ ef ~ub~et~ pmvld~ ~ ~
¢~ SH~ ~Y OF ~E ABOVE D~C~IBED ~UCI~ B~ C~C6II Fn aE~ mE
~ ~Pi~ON DATE ~EREOF ~E ISSUING COMPLY WI~ END~VOfl TO
~ MAI~ ~ DAYS WRI~EN NO~CE TO ~E CE~ICATE H~ER N~ED TO
D~ton
A~ ~om Shaw ~' ~, ~ FAILURE TO ~IL SUC~ NO~CE ~H~ IMPOSE NO OBU~ON OR