1996-129 ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has sohmted, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described bids are the lowest responsible bids for the construction of the public
works or improvements described in the bid invitation, bid proposals and plans and specifications
therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of pubhc works or
improvements, as described ~n 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 CONIRACiOR AMOI~T
1891 J C EVANS CONSTRUCTION $390,826 00
SECIiON I1 That the acceptance and approval of the above competitive Nds shall not
constitute a contract between the City and the person submitting the bid for construction of such
pubhc works or improvements hereto accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnlsNng of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in
accordance with the bids accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantmes and specified sums
contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty
Councd hereby authorizes the expenditure of funds m the manner and in the amount as spemfied
~n such approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective ~mmed~ately upon its passage and
approval
PASSED AND APPROVED thru the ~ _ day of /~._. ,1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CONTRACT DOC
DATE JUNE 4, 1996
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Ted Benawdes, C~ty Manager
SUBJECT BID #1891 - MONCAYO - STUART 15" SANITARY SEWER
RECOMMENDATION: We recommend this bid be awarded to the lowest b~dder, J C Evans
Construction, m the amount of $390,826 00
SUMMARY: Tins b*d is for the construction of a two segment 15" sanitary sewer hne to replace
an old obsolete 10" clay p~pe hne The Stuart Road segment consists of 2,369 L F of 15" samtary
sewer Tbas port~on starts at Sun Valley and terminates south of Loop 288 near Selene (See Extublt
attached)
The Moncayo Road port,on *s 1,371 LF of 15" samtary sewer, beginning at Driftwood and
continuing north to Smart Road (See exhibit attached)
The Stuart Road port,on is the second phase of a project begun m the 1993 CIP
Th*s project was presented to the Pubhc Utthty Board for cons~derat*on and they recommend
approval
BAEKGROUI~ Tabulation Sheet
PROGRAMS: DEPARTMENTS OR GROUPS A.I~FECTED. Denton Municipal Utflmes and
J C Evans Construction Co
FISCAL IMPACT: Funds for this project are avmlable m the current CIP budget, account #674-
082-RB93-V309-8560
Respectfully submitted
Ted ~enawdes
C~ty Manager
Approved
Name Tom D Shaw, C P M
T~tle Purchasing Agent
739 AGENDA
Stuart Road
15" Sanitary Sewer
JUPITER '~ /
P[RSHJNI ........J l
~ f J?NO LN
~ cA~ ~.~.L-J ~J//
~ ~ ~// Z Z
~ _ ERC~_ES /// ~ ~
~ SU VALLEY
Exhibit II (1 of 2)
Moncayo Road
15" Sanitary Sewer
Exhibit II (2 of 2)
CONTRACT AGREE1VIENT ~~
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 4 day of
JUN~ A.D., 19 96 , by and between
CITY OF DENTON
of the County cf DENTON axial State of Texas, acting
through T~D BENAVIDES
thereunto duly authorized so to do, hereinafter termed .OWNER, · and
J.C. EVANS CONSTRUCTION
3900 VaT.T.~y VIEW
IRVING f v~.Y&~ 75162
of the city of IRVING , Cou~lty of D/~T'?'~
and State cf ~w~.~ , 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 thc bonds attached
hereto, CO~TRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID% 1891- MONCAYO - STUART 15" SANITARY SEWER
in the amount of 9390,826.00 and all extra work in
connection therewith, under the terms as state/ 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, end 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 explanatory
matter ~hereof, and the Specifications ~herefore, as prepared by
c?,~v o~ D~qTON ENGINEERING STAFF
all of which ara made a part hereof and collectively evidence and
constitute the entire contract.
Indeoendent Status
It is mutually tmderstood and agreed by and between City and
Contractor that Contractor is an independent con,rector and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, wit/tholding, social
security taxes, vacationor sick leave benefits, worker,s
compensation, or any other City
employee benefit. City shall
have supervision and control of Con~ractor or .any employee of
Contractor, and it is expressly understood that Con~ractor 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 Feason of injury to property
orthird persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the 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 oom~ence work and complete all work within the
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 currant funds the
price or prices shown in the Proposal, which forms a part of th~s
contract, such payments to be subject to the General and Special
Conditions of the contract.
IN WITNESS WHEREOF, the par=ies of these presen=s have
executed this agreement in the year and day first above writ=eh.
CITY OF DENTON
OWNER
(SEAL)
ATTEST:
MAILING ADDRESS
FAX NU~ER
Gary D Nauert, ~emor V~ce
BY
T~TLE
PRINTED NAME
APPRO~V~ AS TO FORM: (SEAL)
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S Bond #39668960
KNOW ~LL MEN BY THESE PRESENTS: That J.C. EVANS CONSTRUCTION
, of the City of ~wNc.
County of D~T.?J%S , and State of TF.~AS
as PRINCIPAL, and ~ntted States Fidellt[ and Guarant[ Compan[
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON.901B Texas ST~Denton, TX
as OWNER, in the penal sum of ~ HU~Dm~ NINTY THOUSAND EIGHT HUNDRED 76201
TW~q~TY SIX and no/~QQ--- Dollars ($ 390~826.00 ) for the
payment whereof, the said Principal end Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 4 day of .~mm ,
19._~, for the construction of BID # 1891 - MON('AYO-RT~IA~ ]_~" SANITARY
SEWER
which contract is hereby referred to and made a part hereof as
fully and to t.he same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions end agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the ~rue intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEv~, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - i
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Den=on County, State of Texas.
Surety, for value received, stipulates and agrees that no
~:nq:,_ex~.ension.of t~m., alteration or addition to the terms of
s_s_~c~c~n_=.r~a~c_~_,_or__~o, the. work perform?d thereunder, or the plans,
w ~u=u&u~, ur arawLngs accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the con~ract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 21st day of .T, me ,
19 96 .
J C Evans CfJstruc.tton Co , Inc / United States Fidelity and Guaranty
Title ~'~Y auert,$en,orV,¢ePres,dent T.t.~:s AOtt~.nh~vel_~-in_Faet
Add. ass: ~ann W~]l~y wpW Address:%Pittm and Amsoctates. Inc
Tr~n~_ TY 7~]~ PO Box 2291
Austin. TX 7~7§8
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
~itts and Associates, Inc , PO Box 2291~ Austin~ TX 78768
NOTE: Data of Bond must not be prior to data of Contract.
AAA0184D
~ev. 0?/28/94
PB - 2
PAYMEHT BOND
STATE OF TEXAS S
COUNTY OF DENTON S Bond #39668960
KNOW Ar.r. M~N BY THESE PRESENTS: That J.C. EVAWS CON.~T~UCT~ON
Of the City of
County of Dm~TO~ , and the Stats of ~.~%S ,
as principal, and United States Fidelit,~ and Guaranty Com)an,~
authorizsd ~der ~e laws of ~e State of Tsxas to act as s~mty on
bonds for principals, are held and fi~ly bo~d
~ CI~ OF D~N
°
~E ~D NI~ ~nn~a~ EI~ m~n ~'r~ Dollars ($ 39o.826.0Q )
for ~e pa~en= whereof, ~e said Principal and S~ety band
~emselves and ~eir heirs, a~inis~ators, exactors, suooessors
and assays, Jointly ~d severally, by ~ese presents:
~S, ~e Principal has entered into a =e~ain ~it=en
contract wi~ ~e O~er, dated ~e 4 day of
19 96 .
BID ~ 1891 - MONCAYO--STIiAlpp 15" SaNITARy SEWER
to which contract is hereby referred to and made a part hereof as
fully and to the same ex~ent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Prinoipal shall pay all claimants supplying labor
-- __ ~ . u con~rac~, ~en ~s obligation shall be
vol~, o~e~_se ~o remain in full force and effect;
~ P~O~D~, HO~, ~at ~is bond is exerted p~suan~
e~l~n~°Jnd?~ '~ G~y~.C~d-, ~,pter 2253
~a=~aneu zn ao~oruanoe wi~ said provisions =o ~e s~e e~en= as
if ~ey were oop.ed at len~ herein.
PB - 3
apec~ca~ona, or ~av~nva eceompan~nv ~e a~e, sha~ ~n ~ va~
a~ecC X~a obligation on ~Xs bon~, ~ ~ deem ~eby valve no~ce
~ ~ESS ~OF~ ~e sa~d P~nc~pa~ and S~e~ have
si~nad and sealed ~is ins~en~ ~As 21st day o~ June
~9 96 .
,J C Evans ~on~uction~ , Inc United States Fldelity and Guaranty
~ c~pal Oompany S~ety
~ Attorney-in-Fact
Ad~ress: 3900 Valle~ View Ad.ess: %Pitts and Associates, Inc
Irving, TX 75162 PO Box 2291
Austin, TX 78768
(SZaL)
The name and address of t-he Resident Agent of Surety is:
AAA0184D
Rev. 07/28/94
PB - 4
THE STATE OF T~XAS S
COUNTY OF DENTON S Bond #39668960
~NOW ~T,T. ~ BY THESE PRESENTS: That J.c. EVANS CONSTRUCTION
as Principal, and United States Fidelity and Guaranty ComPany
a corporation au~horized to do business in ~he State of Texas, as
Surety, do hereby a~knowledge ~hemselves to be held end bound to
pay unto ~he City of Denton, a Municipal Corporation of ~he State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, ~he SI1m of ~?~ N?NR T~OU~a)~T~ EIGHTY TWO and 60/100 .........
Dollars ($_~), ten (10%) percent of the total amount of
the con~ract for the pa%truant of which sun said principal and surety
do hereby bind themselves, their successors and assigns, Jointly
and severally.
This obligation is conditioned, however, that:
T~S, said J.C. EVANS CONSTRUCTION
has t.his day entered into a written contract with the sa~d City
of Denton to build and construct BID #1891 - MONCAYO-ST~ART 15" SANITARY
SEWER
which con~ract and the plans end specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and ars hereby expressly incorporated herein by reference
and made a parC hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for s
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith end do all necessary work toward the repair of any
defective condition growing cut of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to Cover all defective conditions arising by reason of defective
materials, work, or labor performed ~y said contractor, end in case
the said Con, rector shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
accordance wit/~ said contract and supply such materials and charge
~he same against ~ha said Con~ractcr and its surety on
obligation, and said Con~ractor and surety shall be subject to
damages in said con~rac~ for each day's failure on the part of said
Contractor to comply with the terms and provisions of said con~ract
and this bond.
NOW, THEREFORE, if the said Con~ractor shall perform its
agreement to maintain said cons~ruction and keep same in repair for
the maintenance period of one (1) year, as herein and said con~ract
provided, than these presents shall be null and void and have no
further affect; otherwise, to r~ain in full force and effect.
It ia further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continua ~hroughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said J c Evans Construction
as Contractor and Principal, has caused these presents to be
executed by J C. Evans Construction
and the said IIn~ted States Fidelity and Guaranty Company
as surety, has caused these presents to be executed by its
Attorney'-4in-Fact James O Schnell
and the said Attorney-in-Fact has hereunto set/~is hand this
day of T .... , 199fi · //
I/
Compa , -
Attorney l.n Fact
AAA0184D
Rev. 07/28/94
MB - 2
KNOW ALL MEN BY THBSB pRESENTS ~ UNITISD STATES FIDELITY AND GUARANTY COMPANY, I corpora,on o~u~d, mad
under tbo laws o f tl~ S.t~e of I~.im~d and hvtq lU pnucipal of~e -' the City of Balumon, m the sine of iris/land, does he.by com~lolo ~
William H. Pitts, .Ir., Norman P. Rollins, John W Wagner, ,lames 0. Sebnell ano Ro
Marie Boriski~
oftheCWof Austin St~eof Texas ~m~sadlawfulAttonl~y(~)-mFaot. encbmtheu'npamlo
capacdy dmon, titan one is named above, lo m~n its name as su~sty to, and lo execute, seal and anlmowladp say and all bond~, uodenahn~, conim~lo and other
written instruments in the antues the~of on behalf of the Con.any in Its Imanesu of ~amntsem~ ~e fidelity of pemons, ~laranteeine the performanee of conUncts,
and exeo,,'mS or ~lamnloeinS bonds and undeflalanp requited or ponnteed m any a~loas or pmsaebn~s aliowad by law
In W,loess Whe~eo f, the said UNt ~ ~ ~TATB$ FIDGtITY AND OUARAN~Y COMPANY has eaas~ tim mstnaneot to be sealed web ~ eo~po~ seal.
duiyaitellodbythesqplntl{isaofitsS~NorVic~Pfllllde~andAl~lllontSo~l~lo~',thls 6th d~yof Aususl; ,AD 1~93
UNITED STATE~ FIDI~ITY AND GUARANTY COMPANY
(S, ped) By
BALTIMORB CITY
{)
~..0L.. c..~. devof ^ ....... AD Imoa~.'ib~t~m,,~,monal~sag~,~".~'Robert J Lamenoo.ta ,
se~mMyof~dComp~.w~bothofwhemIampe~ong~y~;w~obemSby~q~f`~ydu~y~wom~thotther~mesmn Robert `i
T a I / ..d Pa,,1 'FI ~24m~k ~"~' ,~._~-{~.)a~fon~{0~evn]y~thqi~l~q~Vl~P~l~bssadtheASl~l~t,.~zy of
...........the ~l~d UNFI*ED STATP. S FI~{{IJTY' AND OUA~ANY, the co--scabbed m and~ulod tho~orssmni po oy, heYcmn
tbe seal of d comoratson, th~ thru sejdK~to .md powK o~_.~r~ w~ such cotpo~N~ R ~ ~ ~ bY o~r °f ~ ~ °f D~
of smd ~or~oratinn~ , ind'that t~ bey ss83]ud th,tr ml~emo bY hhe o~nl~6mr Vtc~ Pfendan~ ~t~~t~s~j stoat Sec fulo~'' m~vnly' ° f ~m mpany
· ~ ' ' ~/ I'~ ~'~ NOTARY PUBLIC
~s powe~, ,f Attorney ts ~raoted under and by ~a~m~he foHoMnS RSUOInhOnS adopted by the Board of D~eclo~ of the UN[I~J STATES
FIDBL~TY AND OUA] .ANTY COMPANY on S,ptombor 24U1~2
RESOLVE~, that in connection Mth the fidelity and su~ty insurance bulmess of the Company, ali bonds, unde,,mki.~s, contra~ts and other tnstmman~
rdattnS to smd busmfl4 sua~ be nlpled, execmed, and f~knowlad{ed by porsusu or entrees appointed as AUomey(s)-m-Fast puemlot m a power of Aeomoy issueo In
acco~danco with these ~ molutionL SMd power(s) of Aeomey for and on bebnlf of the Company amy and shall be executed in the nme and on behalf of th* Company
S~cretltyoranAsetstsatSe~t0tmy, uadmrthetrlupoctivedesssn~l~oas Thesisnctureofsucho~cersnmybeensraved'pnnted°thth°Sraphed Them~notureofea~h
of the fomtmus offi~eru sad the ~nl of the Company may bo aflbted by thcmtmla m say Power of Attorney or lo any ~e:tifisats mla~nS thereto appomtm~
Attomey(s)-m Fact foX'reposes only ofexecutJn8 and aflaltmS bonds and undmfllkmp and other wntmp obhptoty tn the antu~e thereof, sad, unto# subnquantly
r~voked and subject Io any basra:mas set foflh themn, any such power of ARomoy or ~fldic.te beanns such facssmll, nplm[u o~ .fanta..md, .~nl ~ ~ v~alid and
bmdinS upon the Con,say and say ~ch power so execmed sad cemfied by such thcsttmle sl~uatun~ and thcstml[e seal shall be vaha Ho omoln8 ttpon me t.orn~any
Mth respect to any bon~ of undeflaldna to wbinh R is validly all~ched
bo..th.
of the power of A~om. ~y ~,ssued to then~ to ~c~e and deliver on hehnlf of the Company and lo allach the suni of the Con. any lo any an~ aa oonan an~ un~.e
and other wnUn~s obhplo~y m the nnlu~e thereof and any auch mammsat executed by such Atlome~s)-m Fact sheJl be ~s bladmS upon Ibe Company as ~t m~nm ey
an E~e~u#ve Officer a~d senled and aaeslod to by the ~an~y of the Company
L Paul D. Sims , an A#,aaot Se~,t~/of the UNITED STATES fIDELITY AND ~UAI~d~Y COMPANY
do be~by eenlfy thel t~e fore~otn~ is · ~ excerpl Bom the Resoluuoa of the s~d Company as ngopted by its Boant of I~csurs on September 24, 19~2 and rhea
Resolution is In furl force and effech
L the undem~ned A~stsat Re~tuta~ of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby cefld~ thai the fo~smw8 Power of
Atlomey ts In full foec~ ang effect n~d h~ Eot been [uvokad
In ~.e,t,mouy Who.f, I ,.X..hereunto -- my bend .d th. s~d oft~NITE~STAT~. FIDBLITY AND OUAI~%NTV' COMPANY on thl, ~y
USF&G
INSURANCE
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance
P O Box 149104
Austin, Texas 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your 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 is for information only and does not become a
part or condltlon of the attached document
~ODU~R THIS C~RTI~CATE IS ISSUED AS A MA~ER OF INm~ ATION ONLY A~
AND WAGNER CO~AN~S A~O~ING CO~GE
P O BOX 2291
COMPANY
AUS~ ~XAS 78768 A st Paul Gua~mn Ins
INS~D COMPANY
B
P O Box 9~7
Aus~n ~ 78766 ~
A X COMM GENE~L LIABILITY PROD~OMP/OP A~
x A~regaCe L~m~t apl lies mR~OA~t~m~ ~
CI~ OF DENTO~
DENTO~ ~ 76201
CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES &
VOLUNTEERS SHALL BE ADDITIONAL INSURED ATIMA IN
REGARD TO THE GENERAL LIABILITY, AUTOMOBILE LIABILITY,
& UMBRELLA LIABILITY POLICIES
COVERAGE AFFORDED THE CERTIFICATE HOLDER SHALL BE PRIMARY
WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF DENTON, ITS
OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS IN REGARD TO THE
WORKERS COMPENSATION INSURANCE
2- 40
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ia directed to the Insurance requirements below. It Is highly
recommended that bidders confer with their respective Insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates and
endorsements aa prescribed end 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 obligation8 which the successful bidder shall have e duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obllgations or liabilities of the Contractor, the
Contractor shall provide end maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter.
As soon es practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory carttf,cates of insurance, conta,nmg the bid
number end title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, end signed by the City of Denton.
All insurance policies proposed or obta,ned ,n satisfaction of these requ,rements shall
comply with the following general specifications, and shall be ma,ntamed in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shall be issued by a company authorized to do business in the
State of Texas with an A.M. Best Company rating of at ~east A.
· Any deductibles or self-insured retentions shall be declared m the bid
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self-insured retentions w,th respect to the City, its
AAAO0360
~ 10124/84
CI- I
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· Liability policies shall be endorsed to prowde the following:
· ® Name as addit~onal ~nsured the City of Denton, its Officials, Agents,
Employees and volunteers.
· · That such insurance ~s primary to any other insurance available to the
additional insured with respect to claims covered under the policy and
that th~s insurance applies separately to each insured against whom
claim is made or suit is brought. The ~ncluslon of more than one
~nsured shall not operate to ~ncrease the ~nsurer's I~mlt of liability
· All policies shall be endorsed to prowde thirty(30) days prior written notice
of cancellation, non-renewal or reduction in coverage
· Should any of the required insurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, w~thout lapse, for a period of three years beyond
the contract expiration, such that occurrences anslng during the contract
term which g~ve rise to cia,ms made after exp,ration of the contract shall
be covered.
· Should any of the required insurance be provided under a form of coverage
that includes a general annual aggregate limit prowdlng for claims
investigation or legal defense costs to be ~ncluded ~n the general annual
aggregate hmit, the contractor shall either double the occurrence limits or
obtain Owners end Contractors Protective Liability Insurance
· Should any required ~nsurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory ewdence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AAA003~0
Revt.~l 10124/84
CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All Insurance policies proposed or obtained in satisfaction of this Contract shall
addationally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability Insurance with combaned single limits of not less than
$1,000,000 shall be provided and maintaaned by the contractor. The pohcy
shall be written on an occurrence bases either in a single pohcy or m a
combination of underlying and umbrella or excess pohmes.
If the Commemaal General Llabihty form (ISO Form CG 0001 current
edition) is used'
· Coverage A shall include premases, operataons, products, and
completed operations, independent contractors, contractual laabahty
covering this contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, as not requared.
If the Comprehensave General Liaballty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) as used, at shall anclude at least
· Bodily Injury and Property Damage Laabd~ty for premases,
operations, products and completed operations, andependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal ~njury habal,ty and broad form
property damage liability.
AAA00360
Rm4.ed I0124/84
CI - 3
Insurance Requirements
Page 4
iX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than 500,000 either in a single policy
or in a combination of basic and umbrella or excess policies. The policy will
include bodily injury and property damage liability arising out of the operation,
maintenance and use of all automobiles and mobile equipment used In
conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
iX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ;nsurance
which, in addition to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City,
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 provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise ;n the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAAO0360
Rev.ed 10124f84
CI - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability ~nsurence. Policy limits wdl 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 Liability Is not prowded or Is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability Insurance with lim,ts not less than per claim
with respect to negligent acts, errors or omissions ~n connection w,th
professional services is required under th,s Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided. Such policy 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 ind,v~dual bas~s for extra hazardous
contracts and specific service agreements If such add~t;onal ~nsurence is
required for a specific contract, that requirement w~ll be described ~n the
"Specific Conditions" of the contract specifications.
AAA00350
R~'~ed 10124/94
CI- 5
Insurance Requirements
Page 6
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certlf,cate of coverage ("certlficate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-insure issued by the comm~ss,on, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entlty's employees prov,dlng serv,ces on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406 096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This includes, w~thout limitation,
Independent contractors, subcontractors, leasing compames, motor
carners, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde serv,ces on the project
"Services" include, without limitation, prowding, hauling, or del,venng
equipment or materials, or providing labor, transportation, or other serv,ce
related to a project. "Services" does not ~nclude act~v,ttes unrelated to the
project, such as food/beverage vendors, office supply del,varies, and
delivery of portable toilets.
B. The contractor shall prov;de coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor providing services
on the project, for the durat,on of the project.
AAA00360
Rev.ed 10124/~4
CI - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage w~th
the governmental entity showing that coverage has been extended.
E The contractor shall obtain from each person providing services on a
project, and prowde to the governmental entity.
(1) · certificate of coverage, prior to that person beginning work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons prov~d,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, ~f the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall rcta~n 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 writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that matar~ally affects the prows;on of
coverage of any person prov~ding services on the project
H. The contractor shall post on each project site a notice, ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons prowdlng serv,ces on the prolect that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom ~t
contracts to provide services on a project, to'
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011 (44} for all of Its employees providing services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage ~s being
provided for all employees of the person prov.d~ng services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom ~t contracts, and provide to
the contractor:
(a) a certificate of coverage, p,or to the other person beginmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
p,or to the end of the coverage pa,od, ~f the coverage pa,od
shown on the current certificate of coverage ends du,ng the
duration of the project;
(5) rets~n all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental entity ~n writing by certified ma~l or personal
delivery, w~th.n 10 days after the person knew or should have known,
of any change that materially affects the prowston of coverage of any
person providing services on the project; and
I~v~ed 10124/84
Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7}, with the certificates of coverage
to be provided to the person for whom they are providing services
J. By signing this contract or prowding or causing to be provided a cert;flcate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who w, II provide services on the project w~ll
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 w~ll be filed
w;th the appropr,ate insurance carner or, m the case of a self-insured, w~th
the commlaslon's Division of Self-Insurance Regulation Prov~d;ng false or
misleading information may subject the contractor to admimstrative
penalties, criminal penalties, ciwl penalties, or other mvil actions
K The contractor's failure to comply w~th any of these prows~ons Es a breach
of contract by the contractor which entitles the governmental entity to
declare the contract vmd if the contractor does not remedy the breach
w~thln ten days after receipt of notice of breach from the governmental
entity.
AAAO0350
Revved 10124/84
CI - 9
WORK DAYS
BID NO.
S~uart Road lS" San£tarv Sewer PO NO.
BID TABULATION SHEET
Un~ Price in Words: ~l~
8' Sanitary Sewer 42 LF
Unit Price in Words~
2.12-C I 1,' S.nit.~ Sewer 2,369
UnL= Price In Words~
2.12-D I 12' C-900 Sanita~ Sewer 27
Unit Price In Words~
Sewer Service 3 EA
Unl~ Pri~e I, Words~ ~w~
WS-13.B 6' Sewer Service 1 EA
WS-13.C 4' Sanlta~ Sewer Service 20 EA
Tie-In
Unit Price In Words~ ~ ~m~a~
7.6.A-1 5' Drop Manhole 5 EA
7.6.A-2 I 5' Manhole ~ EA
Unit Price in Words$ ~
SP-40 ~t and Plug Sani, ary 2
Unit Price 2n Words~ ~W
SP-8 I ~andon Manhole 4
Unit Price in Words: /~WW
P - 3
WORK DAYS 50
eTD NO. l~gl
Stua~ Road 15~ San£tarv Sewer PO NO.
BID TABULATION SHEET
Unit Price in Words:
3.A Remove Concrete Pavement 24 SY $
Unit Price in Wordst
8.2 Concrete Curb and Gutter 63
Unit Price in Wordez
8.3 Concrete Driveway 24 SY $ ~ /SY $ ~),~
Unit Price in Words: /.~
SP-37 Excavation Protection 2,466 LF $ ~.~ /LF $ 7~,~
Unit Price in Words:
SP-41 Asphalt Saw Cut 6,270 LF
Unit Price in Wo~'ds:
Unit Price In Words~
3.10.7 Hy~ulch 120
Unit Price In Words:
3.9 30
P - 4
WORK
BTD
BID T~TION SHEET
and Understandings
SP-L0 Rock Sxoav~Lon 2,463
3.1 Prep~a~ion of Right-of- - LS
Unit Price in Words~ ~/~&
8.1 Barricades, Warning Signs - LS
and De,ours
SP-39 ProJec~ Signs i EA
SP-2 Concrete Saw ~ 8 LF
Unit Price in Wo=dsz
~er~als and L~or $
Incorporated ~nto Pro~ec2
P - 5
WORK DAYS 30
BID NO 1891
Moncavo 15" Sanitary Sewer po NO
BID TABULATION SHEET
Unit Price In Words
2 12-B 8" Sanitary Sewer 50 LF
Unit Price in Words
2 12-A 6" Sanl=ary Sewer 10 LF $ ~/LF
Unit Price ~n Words ~r~
6 4 I 20" Bore and Grout 160
Unit Prxce In Words ~ ~ ~,~
SP-40 Cut and Plug Existing 5
Sanitary Sewer
Unit Prlce in Words ~F
7 6 A-2 5' Concrete Manhole 3
Unxt Price In Words ~WW
7 6 A-1 5' Drop Ma~ole 5 SA
Unlt Price In Words /~A~r
WS-30 Break xnCo Ex~st~ng i EA
Ma~ole
~lt Price in Words ~W
SP-8 ~andon Manhole 2 $
Unit Price in Words ~6~
WS-27 Remove Manhole 3 EA $
Unit Price in Words ~
7 6 B I Rebuild Manhole 1
Unit Pr/ce in Words ~
P 6
WORKDAYS
BID NO.
Moncavo 1S" Sanitary Sewer PO NO.
BID TABULATION SHEET
X~ DESCRXPTXON 0UAN~XTY UNXT UNXT PRX~ ~T~
3.B R~ve ~rb and Gu~ter 8
~n~t P~ce ~n Words~
8.2 Concrete ~rb and Gu~ter 8 LF
SP-2 ~ncrete Saw ~t 4 LF
Unit Price in Wordsz
SP-37 Excavation Protection 1,247 LF $
Unit Price in Word8~
S~-lO I ~ck .xcavat~on 520 I C~ $
Unit Price in Words z
3.10.7 Hydr~ulch 1,364 $
Unit P=lce In Wo=ds~
SP-41 ~phalt Saw ~t 36
Unit Price In Wordss
1.21 ~n~rac~o~e~ Undere~and~ngsWa=ran~es - LS
Unit Price in Wordsz ~
3.1 ~ Prep~a~ion of Right-of-Way -
Unl~ Price ~n Wordss O~&
P - 7
WO~ DAYS 30
BID NO. 1~91
Moncavo 1S" Sanita~ Sewer PO NO.
BID T~TION SHEET
Unit Price ~n Worde~ ~ ~o~
Vnit Price &n Worde~ ~d ~~
P - 8
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 ~ount 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 f~nlshed in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the b~d 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 l~sted in th~s
proposal, shall control over extensions.
J C ANS CONS U 'I'ION INC,
Street Addresk
City and Sta=e
Seal & Authorization
Telephone
B - i
BID SUMMARY
Project Work Days
Stuart Road 15" Sanitary Sewer 50
Moncayo 15" Sanitary Sewer 30
* Total 80
* Award of the bid will be based on the total bid price. The two
Projects are being separated out for bookkeeping purposes only.
There will be a total of 80 work days allotted for both
projects. Work days will not be kept separately, however, if
the Stuart Road line is worked first, it shall be substantially
complete before moving to Moncayo so the street may be repaired
in a timely manner.
B - 2