1996-196 NOTE Change Order - Ordmnance No 98-103
ORDINANCE NO (~-Iq to
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of pubhc works or improvements m 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 m the bid mmtatlon, bid proposals and plans and specifications
therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the followmg competitive bids for the construction of pubhc 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 ~CTOR AMOUNT
1931 CIRCLE "C" CONSTRUCTION $191,938 50
1936 HYDRO PUMP & EQUIPMENT $136,295 00
1940 INSITUFORM TEXARK, INC $ 99,971 30
1941 JAGOE PUBLIC COMPANY $326,141 00
1942 DBR CONSTRUCTION $ 38,825 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 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 furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the pubhc works or ~mprovements ~n
accordance with the bids accepted and approved here~n, prowded that such contracts are made tn
accordance with the Notice to B~dders and B~d Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specffied sums
contained there~n
SECTION IV That upon acceptance and approval of the above compet~nve bids and the
execution of contracts for the public works and ~mprovements as authorized here~n, the C~ty
Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specified
~n such approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective ~mmedtately upon its passage and
approval
PASSED AND APPROVED th~s the 1'qqx' day of~,1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Date September 17, 1996
CITJLC~ REPORT
TO Mayor and Members of the C~ty Council
FROM Ted Benawdes, C~ty Manager
SUBJECT BID # 1931 - REPLACE WATERLINE - YORKSHIRE
RECOMMENDATION. We recommend th~s b~d be awarded to the low bidder, C~rcle "C"
Construction, ~n the total amount of $191,938 50
SUMMARY_t Th~s b~d ~s for all labor and materials necessary ~n extending approximately 2100
feet of 12" water mmn and approximately 1600 feet of 6" water mmn The 12" water mmn will
enable transportation of water from the east side of the c~ty to the north s~de (toward the future
Hartlee F~eld Booster Pump Station) The 6" water bne has a h~story of failures and ~s being
replaced prior to street repaying whmh ~s planned for Yorkshire & Pmaddly
E~ght b~d proposals were received m response to ninety notices to b~d mmled to contractors
B~CKGROL~!I~i TabulaUon sheet, Pubhc Utilities Board back-up, Pubhc Utd~t~es Board M~nutes
recommending approval
PROGRAMS, DEPARTMENTS_OR C. ROI[JP_S AFFECTED: Water D~stnbut~on, Water
Utd~Ues, Water Utd~ty Customers of the C~ty of Denton
EISCALiMPACT~ Funds for this project are ~ncluded ~n 1996 CIP, Account #620-081-0461-
R523-9114
Respectfully submitted
~ed Benawdes
C~ty Manager
Prepared by
Name Demse Harpool '
T~tle Semor Buyer
Approved _
Name Tom D Shaw, C P M
T~tle Purchasing Agent
766 a~e
ITEM 1
September 4, 1996
PUBLIC UTILITIES BOARD AGENDA ITEM
TO C~ AND ~ERS OF ~ PUBLIC UTILITIES BOARD
FROM: R.E. Nelson, Exe~utlve Dire~or of Utilities
SUBJECT: CONSIDER BID OPENING NO. 1931 FOR CAPITAL IMPROVEMENT
PROJECT YORKSfl~..E WATER ~ REPLACEMENT
RECOMMENDATION:
The Ut~hty Staff a~d the Pubhc Workz Engineering Depamnent recommend award of
the contract to Circle "C" ConstrucUon for the amount of $191,938 50 for the
construction of Yorkslure Water Line Replacement
SUMMARY:
Bids were opened August 20, 1996, with a total pamc~paUon of 8 bidders Ctrele
"C" Constmcuon of Ft Worth, Texas, ts the lowest quahfied b~dder Ctrcle
ConsUuction's bid ts $191,938 50 for the 12" and 6" water hne replacement The b~d
ts approxzmnt~ly $138,061 50 under budget (including the estnnated charge for asphalt
~tchzng)
The bM does not include asphalt l~ttghing The l]ngll~tll~ a~d Transportntlon
Delxmm~ will perform this servtce for $2 00 per square foot of p~ch The area to
be patched wffi be deternuned after the contractor has completed work Tine es~mnt_~
for patching ts $16,000
BACKGROUND:
The 12" water hne extension on York~htre Is an ~rnpot~ant step m being able to
transport water from the east stde of the city to the north side The Hartlee Field
Booster Pump StaUon wall connect into the line m the future The n-placement of the
6" water hne Is pa~ ,~f the replace wate~ line street program In flus program, water
lines Much have had a fustory of maintenance problems are replaced prior to the
replacement of the eyasUng street Thts helps insure that the new pavement wffi not
need to be excavated to do maintenance
PROGRAM/DEPARTMF. aNT OR GROUPS AFFECTED.
The citizens of Denton, Denton Mumc~pal Uttht~es, The C~ty of Denton Engineering
and Transportation Department, Ca'cie "C' Construction
FISCAL IMPACT:
$346,000 is budgeted m revenue funds for construction tn FY 96 See Exlub~t V
(Fund Analysis) for more detad
Respectfully submmed,
R 1~ Nelson, Execuuve Du~ctor -
Prepared by Department of Ut~hUes
Gerald p Cosgrove -
Engineering Admuuatrator
Approved by
Howard Mama -
Dtrector F. nvmmmenlal OperaUons
Exlub~t I Locauon Map
Exlub~t 1I: ProJect ConsMenmons
Exlub~t BI Bxd Su~
~b~t ~ ~er of ~mmen~Uon
~b~t V P~d ~ys~
~bR ~ ~ ~ Sh~t
h Xwwpfico~ja~s~016 ~
PROJECT CONSIDERATIONS
YORKSHIRE WATER LINE REPLACEM~',NT
· The 12" water line mstallaglon will be the m~t~al step m provtdmg transmission
capab~hty from the east ssde of the c~ty towards the future Hartlee Fteld Booster
Pump Stauon
® The Street Department wtli be repaying Yorkslure and l~cadtlly Replacing the
existing water hne w~l insure that the new pavement wtll not need to be excavated to
perform maintenance
· The eyastmg water lines are tn poor con~htlon and would have to be r~placed soon,
even ff the street was not being paved
· The project ts within budget
SEP-06-'96 FRI 15'52 ID CITY OF DENTON UR TEL NO 8173566-8120 ~480 PO1
PUBLIC UTILITIES BOARD
UNOFFICIAL MINUTES EXCERPTS
September 4, 1996
1 CONSlDBR APPROVAL OF BID//1931 FOR REPLACEMENT OF
WATERLINES ON YORKSHIRE STREET IN THE AMOUNT OF
$191,91;8 50
Mr Gerald Cosgrove presented this item, C~r¢le "C" Construction of Fort
Worth, Texas, is the lowest qualdied bidder Circle "C" Constructmn's bid is
$191,938 50 for the 12" and 6" water line ~eplacement The bid is
approxunately $135,061 50 under budget (including the estimated charge of
$16,000 for asphalt petchmg) Mr Coplon made a motion to approve the
as prosented Mr Norton seconded the motion Motion approved 4 for - 0
opposed
DATE SEPTEMBER 17, 1996
CITX_£OUNCIL REPORT
TO Mayor and Members of the City Council
FROM Ted Benavldes, City Manager
SUBJECT BID # 1936 - INTAKE STRUCTURE DREDGING PROJECT
RECOMMENDATION: We recommend this bid be awarded to the low bidder for Alternative
#1 Project A, Hydro Pump & Equipment, in the amount of $136,295 00
~ This bid is for all labor and materials necessary in dredging approximately 2,000
cubic yards of salt which has buried the lower intake pipe at the Lake Lew~svdle raw water pump
station Thts lower intake has not been used since before the spring floods of 1990, but w~th the lake
levels dropping this work will be necessary
Three bid proposals were received in response to fifteen notices mailed to prospective contractors
Ba~CKGlll)JJJ~K Tabulation sheet, Public Utlhtles Board Agenda back-up, Public Utilities Board
Minutes recommending approval
PROGRAMS,~W_,PARTMEB[TS~)R~iROUPS AFFECTED Water Production, Water
Utilities, Water Utility Customers of the City of Denton
~ Budgeted operating funds for 1996 of $50,000 and the balance from Lake
Ray Roberts recreation payment that was not used for 1996
Respectfully submitted
Ted Benavldes
City Manager
Prepared by
Title Senior Buyer
Ap~.~ ~.~
Name Tom D Shaw, C P M
Title Purchasing Agent
763 AGE
BID # 1936
BID NAME INTAKE STRUCTURE Hydro Pump Garrett MeDougal
DREDGING PROJECT & Equipment Construction Construction
~PEN DATE AUGUST 20,1996
~- - ~ ~ OESC~iPT1ON VENOOR WNOOR
LS Total Base Bid--Projeet A $80,495 00 ~ $93,240 00~ $112,000 00
!
LS Total Alternative No l--Projeet A_ $136,295 00 $323,580 00~ $222,000
I LS Total Base Bid--Project A and
Alternative No 2--Proleet B _ $210,455 00 $167,580 00 $382,000 00I
Addendum Acknowledged', yes yes
Bid Bond~ yes yes yes
ITEM 4
September 4, 1996
PUBLIC UTILITIES BOARD AGENDA ITEM
TO CHAIRMAN AND MEMBERS OF PUBLIC UTILITIES BOARD
FROM R E NELSON, EXECUTIVE DIRECTOR UTILITIES
SUBJ CONSIDER APPROVAL OF BID #1936 FOR INTAKE
STRUCTURE DREDGING PROJECT, LAKE LEWISVILLE
RAW WATER PUMP STATION
RECOMMENDATION
The UQllty staff and the project consulting Engineer (Carter and Burgess, Inc ) recommend
award of the contract to Hydro Pump and Equipment, Inc The award of the contract will be
dependent upon receiving a 404 permit from the U S Army Corps of Engineers (USACOE)
and be m the mount of $80,495 for Project A or in the amount of $136,295 for Project A
alternative
SUMMARY
Bids were opened August 20, 1996, with a total participation of 3 bidders Hydro Pump and
Equipment, Inc from Houston, Texas is the lowest quahfied bidder Hydro Pump and
Equipment is approximately $22,700 under the Engineer's preliminary estimate for Project A
and approximately $113,700 under the Engineer's preliminary estimate for Project A -
Alternative The Fiscal Year 1996 operating budget for the project is $50,000
BACKGROUND
The lake Levosvllle raw water pumpstaQun intake was constructed in 1956 before the
completion of the Garza Little Elm Dam The intake structure has two - 36 inch diameter
intake pipes The upper intake was constructed at an elevation of 507 feet Mean Sea Level
(MSL) and the lower retake is at 482 feet MSL The lower intake was installed in a dredged
channel, approximately 10 feet below the natural grade of the land, prior to the filling of the
lake Tbas dredged channel extends from the lower intake out approximately 1500 feet lmo
an existing creek channel under the lake Over the years, this channel filled in w~th lake
sediments and has caused operational problems when lake levels fall below an elevation of
approximately 510 Dredging work on this channel was last performed in 1980 but was
hmlted to the area immediately around the lower retake pipe In 1989, the city hired dryers
3_3
and a dredging contractor (Levco Systems, Inc ) to re-evaluate the siltation problem Their
findings mtheated that the channel was completely filled with s~lt with the exception of the
area ~mmediately adjacent to the lower intake In 1989 the lower intake had been used for
approximately seven months when the lake was low Most of this sediment had been pumped
through the lake pumps and was deposited into the water plant sedimentation basins The
spnng floods of 1990 increased lake levels from 507 feet (MSL) to 4 feet over the top of the
flood control pool elevation Over the next slx years, lake levels had been stable at 522 feet
MSL and there has not been a need to use the lower intake Recogmzlng the need to address
this maintenance concern, staff began investigating redesign options for the lower intake
structure as well as proposing maintenance dredging activities for th~s year's budget The city
hired Island Divers of Denton, Texas to perform an inspection of the upper and lower retakes
~n the late spring of 1996 Their mspectlon concluded that the lower ~ntake was buried under
8 to 10 feet of silt Due to the drought conditions In North Texas this past year, lake levels
in Lake Leuasvllle have dropped approximately 11 feet below the conservation pool over the
last 16 months to 511 2 feet above MSL This unusual condition has forced staff to fast track
a dredging project which ~ncludes obtaining a 404 permit from the U S Army Corps of
Engineers To assist staff with this effort, Carter and Burgess, Inc, Dallas, Texas was hired
to develop contract documents and prepare a 404 permit apphcation Due to t~me constraints,
a decision was made to parallel track the contract bidding process simultaneously with the 404
permit application to meet schedule deadhnes In an attempt to reduce costs, the consultant
recommended that the 404 permit proposed m-lake placement of the dredged material rather
than hauling off the slurry to an upland site Therefore, the contract documents solicited bids
for
ProJect A - Dredge 2,000 cubic yards to remove sediment near
the lower intake w~th in lake placement of dredge
spoils
ProJect A - Alternative
Dredge 2,000 cubic yards to remove sediment near
the lower intake with truck transported haul off
and disposal on city owned property near the
landfill
Project B - Dredge 20,000 cubic yards to clean the entire
1,500 feet channel with lake placement of dredge
spoils
Project B was included as an alternative for consideration since there ~s a fmrly high cost for
moblhzation of dredging equipment associated w~th this project Due to the bids received and
the high costs in relationship to the budgeted funds for the project, staff is not recommending
further consideration for Project B at this time Due to fiscal year funding constraints and
time schedule eompatibihty problems between access to funds and obtalmng the 404 permit
approval, staff is requesting approval of award of the contract to Hydro Pump and Equipment
Company contingent upon receiving a 404 permit from the USACOE
FISCAL IMPACT
A total of $50,000 is budgeted in the Water Production FY 1996 operatmg budget for this
project The balance of funds are avmlable in this account to cover either project A or A-
Alternative and would come from the $498,000 budgeted for the Lake Ray Roberts recreation
payment The Ray Roberts payment was not needed m FY 1996 due to the bond sale and
repayment of debt to the U S Army Corps of Engineers in the spring of 1996 Staff's
original cost estimate was based upon a 1,000 cubic yard estimate for dredging at a unit cost
of $50 per cubm yard Based upon recommendations from Carter and Burgess, the project
scope was increased to include a total dredged volume of 2,000 cubic yards The unit price
from the low bidder was $40 24 per cubic yard for ProJect A and $68 14 per cubic yard for
ProJect A - Alternative
AGENCIES AFFECTED
The Citizens of Denton, Denton Municipal Utilities, Hydro Pump and Equipment, Inc, the
U S Army Corps of Engineers, and Carter and Burgess
R E Nelson, Executive Director Utilities
Prepared by
Tim Fisher, P E, Water Production Manager
EXHIBITS
I Location Map
II Bid Summary
III Letter of Recommendation from Carter and Burgess
IV Lake Lewisvllle Water Level History
V Bid Specifications
j ~h omc\pen ny_p~pubadm~n~aglt emisep~mtake sO4
15
BID # 1936
i BID NArvLE INTAKE STRUCTURE Hydro Pump Garrett MeDougal
DREDGING PROJECT & Eqmpment Construcnon Construction
OPEN DATE AUGUST 20,1996
# I QTY ~ DESCRIPTION VENDOR VENDOR ~ VENDOR
LS 'Total Base B~d--Project A $80,495 00 $93,240 001 bl12,000
LS [Total Alternatxve No 1--Proleet A $136,295 00 $323,580 001 S222,000
$167,580 00
LS [Total Baso B~d--Project A and
Alternative No 2--Project B $210,455 00 ! $382,000
Addendum Aeknowledged~ ~ I
B~d Bond~ yes I yes yes
Exh II
~_7
From TechnlcaiA$$1$taflt TO R E NELSON/PENNY Date 6/30196 T~me 8 22 00 ~,M ~age ~
~8/2D/88 TH~ rT.08 Pkl tall?~§~11dS CAi~ & ~*URGK88 ~0OZ
Comultoms in Er~nwt~g, Archlte~re,
Plafln~ and Iflo ~nviroflment
Mr Tim Plehar, P B
City of Dentofl
Wator Pmcl~ Dlvlulofl
1701-B 8per~ar ~
Oe~o~, TexM 782l~
Dear Mr. Fisher:,
being eubmlt~l by Hydro Puml~ & Equllxmnt Inc.
I I~vo eV/umtod the quMflmtlo~ of Hydro Pump & Equlpme~ reviewed thoir me~hod
for oomMetjflO M W end ohodid mfomnoel on loviM imibr pm( proMetl, I
hM found nc(~ lhlt would Jnd~ they n not (mp~ M' uuaeell~ WldMing
this proJiat iii bid. TheWl, I remmmmclHtKlro Pun~& lSquipment Ino. rathe
quMBod iow bkMor for tho InMu 8lmmm DredgMg PMJooL
If you have oily ~ or reflufro ackftlo~ Jflfomot~, do n~ hd~dfM tO m;I
$1n~eJy,
OAKt'ER & ~U~OII~, lNG.
Cam, & k~ Ira. 79S0 flnboM Sdk) 2~ DaM, Terns 75247.49S1
(214| 6.J0141 ieo (214| 263.2019
Exh Ill
][8
LAKE LEWISVILLE ELEVATIONS
SEP. 1987 THROUGH JUN. 19,1996
54O
530
520
~5~oj.._........_..........._.... ...... . .....
~500
490
480
DAILY ELEVATION CONSERVATION POOL
READING ELEVATION 522 MSL
CENTER LINE TOP CENTER LINE BOTTOM
INTAKE 507 MSL INTAKE 482 MSL
C ~DIRECTORX35-00-00~L-L PRE Exh IV
19
20
SEP-06-'96 FRI 15 ~? ID CITY OF DENTON UA TEL NO 817-566-8120
(~ONSIDKI~ APPROVAL OF BID #1936 FOR INTAKE S'FRUCTURE
DlnI~nGING PROJECT IN ~ AMOUN'F OF $80,49S FOR PROJEL~
A AND $136,29S FOR PROJECT A - ALTERNATIVE
Mr..13m Fisher prsoanted this item rderand~ ET~bibit IV - a chart of the
Lake ~ devatlon leveb from Sept. '87 to June '96. Mr. (~olden
asked ir the pro]eat was not a temporary OF permanent solution to the
problem. Mr. Fisher said Project A was to ropalr the desi~ problem
shoe dredgbq b badeaily a maintenance function and not a complete
solution. Thece was extensive discussion regaFding this item.
Mr. (~oplen recommended approval of Project A (for maintenance) in the
amount of $80,49S and added that stoff shouM encumber Project A -
alternative funding, (for haulluF,) in the amoupt of $136,29S but delay
expending those funds until a poll of the Board was conducted. Mr.
Norton seconded the motion. Motion passed 4 * for, 0 - opposed.
2i
DATE SEPTEMBER17,1996
~CILREPORT
TO Mayor and Members of the C~ty Council
FROM Ted Benamdes, City Manager
SUBJECT BID #1940 -CHISHOLM TRAIL SANITARY SEWER (MONCAYO) HOUSTON
PLACE
RECOMMENDATION: We recommend this bid be awarded to the low b~dder, Insltuform Texark,
Inc, in the total amount of $99,971 30
SUMMARY1 This b~d ~s for all labor and matermls necessary m trenchless rehablhtat~on of
approximately 1,300 feet of 10" samtary sewer hne for the Chisholm Trml and Moncayo Streets area
Trenehless rehabd~tation will be aecomphshed by pulhng a fiberglass or polythene hner into the
ex~stmg line and expanding ~t to the desired d~mens~on This sanitary sewer has a h~story of h~gh
maintenance due to roots, offset joints and sags m the mmn
F~ve bids were received m response to mnety-three notmes to btd mmled to prospective contractors
BACKGROUND: Tabulation Sheet, Pubhc Utdlt~es Board Agenda back-up, Pubhc Utdlt~es Board
Minutes recommending approval
PROGRAMS; DEPARTMENTS OR GROUPS AFFECTED~ Sewer F~eld Serwces, Sewer Utd~ty
Customers of the C~ty of Denton
~ Budgeted Funds for CIP account 674-082-RB93-V309-9114 and 9138
Respectfully submitted
Ted Benawdes
C~ty Manager
Prepared by
Name Demse Harpool
T~tle Semor Buyer
Name Tom D Shaw, C P M
T~tle Purchasing Agent
762 AGENDA
22
~9~o
Alternate Bid ~9 134 10 $42 702 ~ ~[~ No'id $~ 17~ 0~
23
ITEM 2
September 4, 1996
PUBLIC UTILITIES BOARD AGENDA iTEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES
BOARD
FROM: R E NELSON, EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER ~ BID OPENING, NO. 1940 FOR CAPITAL
IMPROVEMENT PROJECT CltI~HOLM TRAIL SANITARY SEWER
(MONCAYO), HOUSTON PLACE, TRENCHLESS
REHABILITATION
RECOMMENDATION:
The Utility staff recommends award of the contract to [nsituform Texark, Inc, for
the amoum of $99,971 30 for the constructmn of Chisholm Trail Samtury Sewer
(Moncayo) and, Houston Place Trenchless Rehabditatmn
BACKGROUND/SUMMARY:
Tlus ~s the second phase of the Clusholm Trail project The first phase was
approved by the PUB on May 16, 1996
The Chisholm Tratl (Moncayo) Samtary Sewer has a h~story of surcharging, due
to roots, off set joints and sags m the mare Th~s ~s causing a health problem to
the rnsldents m the area and the need for constant maintenance by our Utfllty crews
The rehabilitation of the exmtmg mare will help chromate a reoccurring problem
The Houston Place section was added to thts project to help us achmve a quailty
bid and to put ail the trench.less technology projects mto one bid Houston Place
salutary sewer has similar problems m the exmtmg samtary sewer mare
Bids were opened August 29, 1996 at 2 00 p m with a tot~ participation of 5
bidders Insltuform Texark, lnc of Chesterfield, Missouri, the lowest quailfied
b~dder lnsituform Texark, Inc, base btd ts $99,971 30 for Chisholm Tratl
(Moncayo) and Houston Place Sanitary Sewer Trenchless Rehabd~tation The bid
is approximately $80,028 70 under budget and is $90,285 70 under the engineer's
estimate
24
Brh-Garver, lnc, of Houston, Texas was the apparent low btdder, due to a clerical
error on a hne ~tem m the btd proposal Brh-Garver, Inc ts now the thtrd lowest
bidder
In the bM proposal we d~d take alternate b~ds on expanding the ex~stmg
Sanitary Sewer on Chtsholm Trail (Moncayo) to 15' using ptpe bursting and on
Houston Place enlarge the extstmg 10" to 12" using the same method At thts tune
we have dectded not to use ptpe bursting due to ground condttlons and the possible
damage to restdents drtveways, sa'eets, and the extstmg drainage channel
AGENCIIiiS AFFECTED:
The c~uzens of Denton, Denton Mumelpal Utfl~ttes, Brh-Garver, lnc, and
InsItuform Texark, Inc of Chesterfield, Mtssourt
FISCAL IMPACT:
See Exhth~t (Fund Analysts), for more deta:ls
Respectfully Submitted,
Robert E Nelson
Executive D~rector of Utlht~es
Prepared by:
Gerald P Cosgrove, P E
Engineering Admtmstrator
Approved by:
How~d Martin
D~rector of Enwronmental OperaUons
Exhibit l Location Map
Exhth~t 2 B~d Summary
Exhibit 3 Fund Analysts
Exhthlt 4 Detail Sheets
h \wwpf~pub\Chlsh wp6
25
SEP-06-'96 FRI 15'52 ID CITY OF DE~xlTON UR TEL NO 817-566-8120 ~480 P02
PUBLIC UTILITIES BOARD
UNOFFICIAL MINUTES EXCERPTS
September 4, 1996
2 CONSIDER APPROVAL OF BID/$1940 FOR CAPTIAL IMPROVEMENT
PROJECT CHISHOLM TRAIL SANITARY SEWER (MONCAYO),
HOUSTON PLACE, TRENCHLESS REHABILITATION
Mr. Oerald Cosg~ve presented th~s item Ins~tuform Texark, Inc of
Chasterfiold, Missouri, is the low~st qualflied bidder Insituform Texerk, Inc,
base bid is $99,971 30 for Ch~holm Trml (Moncayo) and Houston Pia~e
Sanitary Sewer Trenohlass Rehabilitauon The b~d is approximately $80,028 70
under budget and is $90,285 70 under the engineer's esUmate Brh-Garver,
lnc, of Houston Texas was tho apparent low bidder, however a clerical error
on n lme item m the bid proposal forced them into being the third lowest
bidder
There was general discussion regerdmg this item and an explanauon of
l~nchl~s rehabill~tlon for Mr Hopkins .Mr .Copl~,_n, recommen~ded, a,ward of
the bid to the lowest quahfied bidder bl~d on L,egats response rot ma
approval Mr Norton second~! tho motion Motion approved 4 for ~ 0
opposed
27
DATE SEPTEMBER 17, 1996
CiI YEDMINCALREEORT
TO Mayor and Members of the City Council
FROM Ted Benavldes, City Manager
SUBJECT BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE
REPLACEMENT
~ We recommend this bid be awarded to the low bidder, Jagoe Public
Company, m the total amount of $326,141 00
SI/M.MARY. Tlus bid is for all labor and materials necessary in the replacement of the water line
and sanitary sewer line near Houston Place between Hickory and Prmne These lines are old and
have become a constant mmntenance problem for residents and field crews
Eight bid proposals were received in response to ninety-three notices to bid mmled to prospective
contractors
BACKGROUND: Tabulation sheet, Public Utilities Board Agenda back-up, Public Uttht~es
Board Minutes recommending approval
PROGRAMS: DEPARTMENTS ORGROUP~F~: Water & Sewer Field Services,
Water & Sewer Utility Customers of the City of Denton
. Budgeted funds for this project come from CIP revenue funds, account #620-
081-0461-R525-9114 and 625-082-0471-V528-9114
Respectfully submitted
~T~e~ ~3enavldes
City Manager
Prepared by
Name Denise Harpool
Title Senior Buyer
Name Tom D Shaw, C P M
Title Purchasing Agent
767 AGE
28
ITEM 3
September 4, 1996
PUBLIC UTILITIES BOARD AGENDA ITEM
TO. CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R.E. Nelson, Executive Director of Ut~hties
SUBJECT: CONSIDER BID OPENING NO. 1941 FOR CAPITAL IMPROVEMENT
PROJECT HOUSTON PLACE UTILITIES REPLACEMENTS.
RECOMMENDATION:
The Utthty Staff and the Public ,Works Engmecrmg Depmtment recommend the award
of contract to Jagoe Public Company for the amount of $326,141 00 for the construc~un
of Houston Place Water and Samtary Sewer lines
SUMMARY
Bids were opened on August 29, 1996, at 2 00 p m with a total particlpauon of 8
bidders Jagoe Pubhc Company of Denton, Texas Is the lowest quahfied bidder Sagoe
Public Company's base bid is $326,141 00 for Houston Place Water and Samtary
Sewer Lmes The bid is approximately $132,785 72 under budget and is $110,840 00
under the engineer's esmnate
BACKGROUND
The water replacements consists of replacing waterlmes on and near Houston Place
Street These lmes have been a contmual problem m the past that caused patching of
recently repmred or overlmd streets due to repairing these lmes Contmue making these
repairs results m problems for the field crews and the residents m the area
The sewer replacements consists of replacing sewerlmes m the area as the eyastmg
sewerlmes, being old, are m poor condition and inadequate m s~ze This causes
surcharge ~.nd sewage backup resultmg m health problems to the residents m the area
These lines require continual maintenance by our field crews This project will increase
size of the sewerlmes, relocate sewer services from back of the houses to front on Senn
Street, reduce the difficulty m mamtenance, increase capacity and unprove system
mtegrlty m the area
~0
Page 2
PROGRAM/DEPARTMENT OR GROUPS AFFECTED'
The Citizens of Denton, Denton Mumcipal Utilities, Ctty of Denton Engineering and
Transportation Department and Jagoe Pubhc Company
FISCAL IMPACT:
$527,000 la budgeted m revenue funds for construction is FY96
Respectfully submitted,
Deparunent of Utthtles
Prepared by
Gerald P Cosgrove, P E
Engineering Administrator
Approved by
Howard Martin
D~rector of Environmental OperaUom
Exlublt I Locauon Map
Exhibit 2 ProJect ConsMeration
Exhibit 3 Btd Summary
Exhibit 4 Fund Analysis
Exlublt 5 CIP Detail Sheet
h \wwpfxpub\Houston wp6
33_
PROJECT CONSIDERATIONS
HOUSTON PLACE UTILITY REPLACEMENTS
· Waterlines m the area are m poor condition and have become a contmued maintenance
problem
· The Existing sewerlmes m the area are inadequate m stze and are old causing problems
to the residents and field crews for maintenance
· Exastmg sewer services on Sena Su'eet are to the back of houses that need to be relocated
to front to avoid maintenance problems m future
· Houston Place Utility Replacement is a revenue funded project that is $132,785 72
under the budget
~4
SEI~-BG-~gG ~'RI 15 5~ ID CITY 0~' DENTON LI~ TEL NO 817-'5G6-8120 ~480 PO~
PUBLIC UTILITIES BOARD
UNOFFICIAL MINUTES EXCERPTS
September 4, 1996
3 CONSIDER APPROVAL OF BID//1941 FOR CAPITAL IMPROVMENT
PROJECT HOUSTON PLACE UTILITITES REPLACEMENTS
Mr Gerald Cosgrove presented tlus item Jagoe Pubhc Company of Dneton,
Texas is the lowest qualified bidder Jagoe Public Company's base bid is
$326,141.00 for Houston Place Water and Samtary Sewer Liens The bid is
epproxunntely $132,785 72 under budget and as $110,840 00 under the
engmcer's ~tunate Mr Coplen made the motion Mr Thompson seconded
the moron MoRon approved 4 for - 0 opposed
DATE. SEPTEMBER 17, 1996
CITY COUNCIL REPORT
TO Mayor and Members of the Caty Council
FROM Ted Benavldes, Caty Manager
SUBJECT BID # 1942 - COMMUNITY SIDEWALKS - EAST SIDE OF BOLIVAR
STREET
RECOMMENDATION. We recommend th~s bad be awarded to the low badder, DBR
Constructxon, m the total amount of $38,825 00
SUMMARY: Thas b~d as for all labor and matermls necessary m the repair of sadewalks on the
east sade of Bohvar Street from Umversxty Drive south to Pearl Street Thas as a portaon of the on-
going project using Community Development Grant Funds to construct and repair sidewalks
throughout the C~ty
Four bad proposals were recexved an response to ninety-three notaces to bad maded to prospectave
vendors
~ Tabulation sheet, Memorandum from Barbara Ross dated September 5, 1996,
and Memorandum from Davad Salmon dated September 4, 1996
PROGRAMS; DEPARTMENTS OR GROU~PS Al~FECTED. Commumty Development
Department, Cmzens of the Bohvar Street area
~ 1996 Commumty Development Grant Funds, Account #219-05A-CDAB-
8502
Respectfully submatted
Ted Benawdes
Caty Manager
Prepared by
Name Demse Harpooll
Title Semor Buyer
Approved
Name Tom D Shaw, C P M
T~tle Purchasing Agent
770 AGE
36
BID # 1942
BID NAME COMMUNITY SIDEWALKS FLOYD DOUGLAS DBR RADICH
EAST SIDE OF BOLIVER ST SMITH CONCRETE CONST CONST
~OPEN DATE AUGUST 29,1996
............... OR
~ TOTAL BID AWARD $40,428 00 [ $44,500 25 $38,825 50 $63,740 00
BOND YES YES YES YES
37
CITY OF DENTON, TEXAS I oo WEST OAK o SUITE208 . DENTON, TEXAS 76201 o (817) 383 7726 o FAX (817) 383 2445
Community Development office
MEMORANDUM
TO. Tom Shaw, Purchasing
FROM' Barbara Ross, Community Development
DATE September 5, 1996
SUBJECT Bolivar St Sidewalk Bid
Based on the attached recommendation from Dave Salmon, Senior Civil Engineer, Community
Development would like to accept DBR Constructlon's bid on the Bohvar Sidewalk project
Community Development has worked with both DBR and Mr Calvert in the past v~th
acceptable results Sufficient funds are avmlable for the project based on DBR's bid of $38,825
Plea.se.,~all me at ext 7235 with any questions Thank you
Barbara Ross
38
"Deal, cared to Qual~tv Sera,ce"
CONTRACT AGP,.EEMENT
STATE OF TEXAs ~
COUNTY OF DENTON ~
THIS AGREEMENT, made and entered into this 17 day of
SEPTE~R A.D., 19 96 , by and between
~ITY OF DENTON
of the County of DENTON and State of Texas, acting
through T~D BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
WILLIAM J. SCHULTZ, INC , DBA
c~ct,~ "c" CONS~UC~ON COMPANY
500 #.
FORT WORTHr T~.v2~S 76140
of the city of FORT WORTH , County of TA~aANT
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 thc bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1931 - ]~EP?~R- Wa~R.~?.TNE. -- YO~KSHIRE
in the amount of $ 191{938.50 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and 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,
CA - i
blueprints, and other drawings and printed or written explanatory
mat=er =hereof, and ~he Specifications ~here~ore, as prepared by
CITY OF DENTON ENGINEERING D~ARTMENT
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Indecendent 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 no=
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.
Indemnification
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
or thLrd persons occasioned byany error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liabIe, 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
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 ~o commence work and complete all work w~thln the
stated in the Proposal, sub]eot 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 th~s
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 ~hls agreement in the year and day first above w~itten.
ATTEST:/ ~
~ /"'~ --~)/~.,~/'~'~W.~'~ CITY OF DENTON ,.
OWNER
(SEAL)
ATTEST:
C'raCLE "C" CONSTrUCTiON C0MPAN¥
P 0 BOX 40328
FORT WORTH, TX 76140
MAILING ADDRESS
8]7/293-]863
PHONE NUMBER
8]7/293-]957
FAX1COI~ER
BY PRESIDENT
TITLE
WILLIAM J SCHULTZ
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
City Attorney
AAA0184D
Rev. 07/28/94
CA - 3
BOND NO 5841888
PEP ORMANCE BOND
STATE OF TEXAs $
COUNTY OF DENTON ~
KNOW ~ MF/~ BY Ti'IESE PRESENTS: That WILLIAM J SCHULTZ~ INC ~ DBA
C?,rW.~ "~2# CONSTRUCTION COMPA~Y , of the City of FOaT WORTH
County of TAR~AN~
, and Stats of T~XAS
as PRINCIPAL, and ~AFECO INSURANCE COMPANY OF AMERICA
· as SURETY, authorizsd u~.der the laws of
the Stats of Tsxas to act as Surety on bonds for principals, are
held and firmly bound unto the ci~-~ OF DENTON
as OWNER, in the penal sum of ONE HUNDRED NINTY ONE TgOu~&~ NINE ~JND~
T~IRTY ETG~T AND 50/100 ..... Dollars ($ 191,938.50 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
Jointly and severally, by these presents:
WNEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 17 day of s~m~., ,
19 96 , for the construction of BID # 1931 - REPLACE
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copLed at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by
contract agreed and covenanted by the Principal to be observed and
Poet.formed, and according to the trus intent and meaning of said
on=tact and the Plans and Specifications hereto annexed, then this
obligation shall be void~ otherwise to remain in full force and
effect ~
PROVIDED, HOWEVER, that this bond ls 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 prov~slons to the same extent as
if they were copied at length herein.
PB - i
PROVIDED f~THF. R, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees ~hat no
change, extension of time, alteration or addition to ~he terms of
the oontraot, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall im any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instr~ent this 30TH day of SEPTEMBER ,
19.96 .
WILLIAM J. SCHULTZ, INC , DBA
£IRCLE "C" CONSTRVCTION COMPANY SAFECO INSURANCE COMPANY OF AMFRT£A
/ ~.rinclpal ~
Title WILLIAM~j SCH~TZ, PRESIDENT Title SHERYL A KLUTTS, ATTORNEY-~N-FACT
Address: P O. BOX 40328 Address: SAFECO PLAZA
FORT WORTH, TX 76140 SEATTLE~ WA 98185
(S AL) (SEAL)
The name and address of the Resident Agent of Surety is:
JOHN A. MILLER & ASSOCIATES, IN~,
234 EMMA STREET, FORT WORTH~ TX 76111
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
BOND NO 5841888
PAY'M N BOND
STATE OF TEXAS
COUNTY OF DENTON
WILLIAM J SCHULTZ, INC , DBA
KNOW AT.T. MEN SY THESE PRESENTS: That CIRCLE #C# CONSTRUCTION COMPANY
- of the City of FORT WO~T~
Oounty of ~,~,~ , and the State of TEXAS ,
as principal, and SAFECO INSURANCE COMPANY OF AMERICA
authorized ~nder the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
. '-'H~ CITY OF DENTON , OWNER, in the penal sum of
EIGHT and 50/.100--
ONE H~DRED NINT~ ONE THOUSAND NINE ~FD THIRTY Dollars
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 47 day of
19. 96 .
BID 9 1931 -
to which contract is hereby referred to and made a part hereof as
fully and to the same extant as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
P~O¥IDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended),
and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were cop~ed at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, exWcension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
sgeclfications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such ~hange, extension of time, alteration or additiDn to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 30TH . day of SEPTEMBER
19 g6 ,
WILLIAM J SCHULTZ, INC., DBA
CIRCLE "C" CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMERICA
ATTORNEY-~N-FACT
Title WILLIA~J SC~LTZ, PRESIDENT TitleSHERYL KLUTTS,
Address: P 0 BOX 40328 Address-' SAFECO PLAZA
FORT WORTH, TX 76140 SEATTLE, WA 98185
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
OOHN A MILLER & ASSOCIATES~ INC
234 EMMA STREET~ FORT WORTH~ TX 76111
AAAO184D
Rev. 07/28/94
PB - 4
BOND NO 5841888
MAINTENANCE BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S
WILLIAM J SCHULTZ, INC , DBA
~OW ~ ~ BY ~%~ES]~ PRESENTS: That CIRCLE "C" CONSTRUCTION COMPANY
as Principel, and SAFECO INSURANCE COMPANY OF AMERICA
a corporation authorized to do business in ~he State of Texas, ss
Surety, do hereby acknowledge t/lemselves to be held and bound to
pay unto ~he City of Denton, a Municipal corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of N~m TROUCa~ ONE mmDP~D WT~I~'~ ~ AND 85/100---
Dollars ($ 19r193-85 }, ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, Jointly
and severally.
This obligation is conditioned, however, that: WILLIAM J SCHULTZ, INC , DBA
WH~AS, said CT~ "C" CONSTRUCTION £~MPANY
has this day entered inte s written oontract with the said City
of Denton to build and construct BID ~ 1831 -REPLACEWATE~LINE
yo~gTR~
whlch contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
saLd City and are hereby expressly incorporated herein by reference
and made a par~ hereof as though the same were written and set out
in full herein, and~
WHEREAS, u~derthe said plans, specifications, and contract,
it is provided that the Con~ractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed bysaid Contractor, and in case
the said Con~ractor shell fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to t_he
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said coDtract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
WILLIAM J SC~ULTZ, INC , DBA
IN WITHE-~S ~F~OF, the said CIRCLE "C" CONSTRUCTION COMPANY
as Contractor and Principal, has caused these presents to be
executed by WILLIAM J SCHULTZ, PRESIDENT
and the said SAFECO INSURANCE COMPANY OF AMERICA
as surety, has caused these presents to be executed by its
Attorney-in-Fact SHERYL A. KLUTTS
and the said Attorney-in-Fact has hereunto set his hand this 30TH
day of SEPTEMBER , 19 96 .
SURETY: PRINCIPAL:
WILLIAM J SCHULTZ, INC , DBA
,,c,,
SHERYL A KLUTTS(/ ~ WILLIAM d SCHULTZ
Attorney-~n-Fact PRES I DENT
A~J~.0184D
Rev 07/28/94
MB - 2
POWER SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE SAFECO PLAZA
FSh_ ® WAe.,.OTON sS SE
No 7498
KNOW ALL BY THESE PRESENTS
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
uorporatton does each hereby
"~JOH~ A MILLER, SHERYL A KLUTTS, JOHN A MILLER, [I, K R HARVEY, Fort Worth, Texas
its true and lawful attorney(s)-~n-fact with full authority to execute on its beharf fldehty and surety bonds or undertakings and other
documents of a similar character issued in the COUrSe of its business and to bind the respective company thereby
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this 26th day of January 19 96
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA.
"Article V, Section 13 - FIDELITY AND SURETY BONDS the President any V~ce President the Secretary and any Assistant Vice
President appornted for that purpose by the officer in charge of surety operations shall each have authority to appmnt md~wduals as
attorneys-in-fact or under other appropriate t~tles w~th authority to execute on behalf of the company fidehty and surety bonds and
other documents of s~mflar character issued by the company m the course of ~ts bus.ness On any instrument making or ewdencmg
such appointment the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking
of the company the seal or a faca~mde thereof may be impressed or affixed or ~n any other manner reproduced prowded however
that the seal shall not be necessary to the vattd~ty 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 certificate executed by the Secretary or an assistant secretary of the Company settrng out,
(~) The prowslons of Article V. Section 13 of the By-Laws and
bi) A copy of the power-of-attorney appointment, executed pursuant thereto end
(m) Certifying that smd power-of-attorney appointment ~s m full force and effect
the s~gnature of the certifying officer may be by faos~mile and the seal of the Company may be a facsimile thereof"
I R A. Pierson Secretary 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 ore true and correct and that both the By-Laws the Resolution and the Power of
Attorney are still in full force and effect.
and~~JJ~ lie said
IN WITNESS WHEREOF, I have hereunto set my hand affixed the seal of c~7;t~:~.,~_ ~~ ~/
th s ' day of lB
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain Information or make a complaint Para obtener Informaclon o para someter una queja
You may call the company's toll-free telephone number Usted puede Ilamar al numero de telefono gratis de la
for Information or to make a complaint at companla para Informaclon o para someter una queja al
-8oo- -8oo- ?Z-
You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de
obtain information on companies, coverages, rights or Texas para obtener Informaclon acerca de companlas,
complaints at coberturas, derechos o quejas al
1-800-252-3439 1-800-252-3439
You may wrlta the Texas Department of Insurance Puede escrlbir al Departamento de Seguros de Texas
P O Box 149104 P O Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
FAX # (512) 475-1771 FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES' Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS SI tiene
dispute concerning your premium or about a claim you una disputa concernlente a su prima o a un reclamo,
should contact the agent or the company first if the debe comunlcarse con el agente o la compania prlmero
dispute is not resolved, you may contact the Texas SI no se resuelve la dlsputa, puede entoncee
Department of Insurance comunlcarse con el Departamento de Seguros de Texas
ATTACH THIS NOTICE TO YOUR POLICY This notice UNA ESTE AVlSO A SU POLIZA Este avlso es solo
is for Information only and does not become a part or para proposlto de Informaclon y no se convlerte en parte
condition of the attached document o condlcion del documento ad junto
Prescribed by the State Board of Insurance Ordenado por el consejo Estatal de Dlrectures de
Effective May 1, 1992 Seguros, Effectlvo el 1 de Mayo 1992
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is 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 as prescribed and provided here.n If an apparent Iow bidder falls 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
Without limiting any of the other obligations or habd~t~es of the Contractor, the
Contractor shall provide 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 w~th the
Purchasing Department satisfactory certificates of insurance, containing the b~d
number and title of the project Contractor may, upon wntten request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
t~me; however, Contractors are strongly adwsed to make such requests prior to b~d
opemng, since the ~nsurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted w~th the b~d Contractor shall
not commence any work or deliver any mater~al until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All ~nsurance pohc~es proposed or obtained [n satmfact~on of these requirements shall
comply with the following general specifications, and shall be maintained ~n
comphance w~th these general specifications throughout the duration of the Contract,
or longer, if so noted.
· Each policy 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-~nsured retentions shall be declared in the bid
proposal If requested bv the C~tV, the insurer shall reduce or eliminate
such deductibles or self-~nsured retentions w~th respect to the City, ~ts
AAAOO31~O
REVISED 1OI12~94
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guarantee,ng payment of losses and related ~nvestigations, claim
admln,straflon and defense expenses.
· Liability policies shall be endorsed to prov,de the follow,ng:
· · Name as add,tional insured the City of Denton, its 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 insured against whom
claim ,s made or suit is brought. The ,ncluston of more than one
insured shall not operate to Increase the insurer's limit of liability.
· All pol,c~es shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non-renewal or reduction in coverage.
· Should any of the required insurance be provided under a cia,ms-made
form, Contractor shall me,ntaln such coverage continuously throughout the
term of th,s contract and, without lapse, for a period of three years beyond
the contract exp,ration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
· Should any of the required insurance be prov,ded under a form ef coverage
that includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be included ,n the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obta,n Owners and Contractors Protective Liab,hty Insurance.
· Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory ev,dence of reinstated coverage as required by th~s
contract, effective as of the lapse date. If insurance ~s not reinstated, City
may, at its sole option, terminate th~s agreement effective on the date of
the lapse.
AAA00350
~-WSED ~OS1~4 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance pohc~es proposed or obtained ~n satisfaction of th~s Contract shall
additionally comply w~th the following marked specifications, and shall be maintained
m comphance with these additional specifications throughout the duration of the
Contract, or longer, ~f so noted
[X] A General Lmbd,ty Insurance
General Llabd~ty ~nsurance w~th combined s~ngle hmJts of not less than
1.000,QOQ shall be provided and maintained by the contractor The
pohcy shall be written on an occurrence basra e~ther ~n a s~ngle pohcy or ~n
a combination of underlying and umbrella or excess pohc~es
If the Commercial General Liability form (ISO Form CG 0001 current
edmon) ~s used
· Coverage A shall ~nclude premises, operauons, products, and
completed operations, ~ndependent contractors, contractual habd~ty
covering th~s contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General L~abd~ty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
· Boddy injury 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 habd~ty (preferably by endorsement)
covering th~s contract, personal ~njury habd~ty and broad form
property damage habd~ty
AAA00350
REVISED 10112194 Cl - 3
Insurance Requirements
Page 4
IX] Automobde Llablhty Insurance
Contractor shall prowde Commercial Automobde L~abd~ty insurance w~th
Combined S~ngle L~m~ts (CSL) of not less than 600.000 either ~n a stngle
policy or ~n a combination of basic and umbrella or excess policies The pohcy
wdl ~nclude boddy injury and property damage habd~ty arising out of the
operation, maintenance and use of all automobdes and mobde equipment used
~n conjunction w~th this contract
Satmfact~on 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, ~n addition to meeting the minimum statutory requirements for ~ssuance
of such ~nsurance, has Employer's Llabd~ty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy limit for
occupational d~sease 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,
~ts officials, agents, employees and volunteers for any work performed for the
C~ty by the Named Insured For budding or construction projects, the
Contractor shall comply w~th the provisions of Attachment 1 ~n accordance
w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TVVCC)
[ ] Owner's and Contractor's Protective L~abd~ty Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective L~abd~ty ~nsurance pohcy naming the C~ty as ~nsured for property
damage and boddy injury which may ar~se ~n the prosecution of the work or
contractor's operations under th~s contract Coverage shall be on an
AAA00350
REVISED 10/12/94
Insurance Requtrements
Page 5
"occurrence" basts, and the policy shall be issued by the same ~nsurance
company that carrtes the contractor's llabthty ~nsurance Policy lira,ts wtll be
at least combined bodily tnjury and property damage per
occurrence wKh a aggregate
[ ] Fire Damage Legal Liability Ineurance
Coverage is required If Broad form General Liability ~s not provided or ~s
unavailable to the contractor or If a contractor leases or rents a portion of a
C,ty butlding. Limits of not less than each occurrence are requtred
[ ] Professional Liability Ineurance
Professional liability tnsurance w~th limtts not less than per claim
wtth respect to negligent acts, errors or omtsstons tn connection wtth
professtonal servtces is required under this Agreement.
[ ] Builders' Risk Insurance
Butlders' Rtsk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provtded, Such policy shall :nclude as "Named Insured" the Ctty of
Denton and all subcontractors as thetr tnterests may appear.
[ ] Additional Insurance
Other tnsurance may be requtred on an tndiv,dual bas,s for extra hazardous
contracts and specific service agreements. If such addtt,onal tnsurance ts
requtred for a spectflc contract, that requirement wtll be described ~n the
"Specific Conditions" of the contract specifications
CI - 5
,~V~SED
Insurance Requirements
Page 6
ATTACHMENT I
[X] Worker's Compensation Coverage for Braiding or Construction ProJects for
Governmental Entities
A Definitions
Certificate of coverage ("cert~fmate")-A copy of a certificate of insurance,
a certificate of authorIty to self-insure ~ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TVVCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or entity's employees providing serwces 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 prowd~ng services on the project ("subcontractor" ~n §406 096) -
~ncludes all persons or entrees performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted d~rectly w~th the contractor and regardless of
whether that person has employees Th~s includes, w~thout hm~tat~on,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such ent~W, or employees of
any entity which furmshes persons to prowde serwces on the project
"Serwces" ~nclude, w~thout hm~tat~on, providing, hauhng, or dehvermg
equipment or materials, or providing labor, transportation, or other serwce
related to a project "Services" does not include act~wt~es unrelated to the
project, such as food/beverage vendors, office supply dehverms, and
dehvery of portable to~lets
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 prowdlng services
on the project, for the duration of the project
AAAO0350
REVISED 10112/94 Gl - 6
Insurance Requ,rements
Page 7
C. The Contractor must prov,de a certificate of coverage to the governmental
entity prior to being awarded the contract.
D If the coverage per,od shown on the contractor's current certificate of
coverage ends dunng the duration of the project, the contractor must, pr,or
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 serv,ces on a
project, and prov,de to the governmental entity.
(1) a certificate of coverage, pr,or to that person beginning work on the
project, so the governmental entity will have on file cert, ficates of
coverage show, ng coverage for all persons prov,ding serv,ces on the
project; and
(2) no later than seven days after race,pt by the contractor, a new
certificate of coverage show,ng extens,on of coverage, if the coverage
per,od shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity ,n wr,ting by certified
ma,I or personal delivery, within 10 days after the contractor knew or
should have known, of any change that mater,ally affects the prov,s~on of
coverage of any person prowdlng serv,ces on the project.
H. The contractor shall post on each project site a notice, in the text, for~ and
manner prescribed by the Texas Workers' Compensat,on Commission,
informing all persons providing serv,ces on the project that they are
requ,red to be covered, and stating how a person may verify coverage and
report lack of coverage.
Cl - 7
REVISED 10112~94
Insurance Requ,raments
Page 8
I. The contractor shall contractually require each person with v~hom ~t
contracts to provide serv,ces on a project, to:
(1) prov,de 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 prov,ding services on the prolect,
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 is being
provided for all employees of the person providing 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 it contracts, and prov,de to
the contractor:
(a) a certificate of coverage, prior to the other person beginning
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
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 in writing by certified mail or personal
delivery, w~thin 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
· ~oo3so Cl - 8
FiE-VISED 10112/94
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 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 will
be covered by workera' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-lnsured, with
the commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other c~wl actions.
K. The contractor's failure to comply with ,any of these prov,slons Is a breach
of contract by the contractor which ehtltles the governmental entity to
declare the contract void if the contractor does not remedy the breach
w~th~n ten days after receipt of notice of I~reach from the governmental
entity.
AAA003~0
BID SUMMARY
In the even~ of ~he award of a contrac~ ~o the undersigned, the
undersigned will furnish a perfo~ance bond and a paten= bond for
the full amount of ~he contrac=, to secure 9roper compliance w~h
the terms and provisions of the contract, to ~nsure and ~arantee
=he work un=il final completion and acceptance, and to ~arantee
pa~en~ for all lawful claims for labor perfo~ed and materials
furnished in ~he fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when full~ completed and finished in accordance with ~he
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in th~s
proposal have been carefully checked and are submitted as correc~
and final.
Unit and lump-sum prices as shown for each ~tem lls~ed in th~s
proposal, shall con=rol over extensions.
CONT~OR
S~ree~ Address
c~ty ~nd
S~i ~ ~u~he~z~an
Telephone
B - 1
~ORK DAfS 65
BID NO 195i
Replace Waterlzne - Yorkshire PO NO
BID TABULATION SHEET
ITEM I DESCRIPTION QUA/~T ITY UNIT UNIT PRICE TOTAL
2 12-A I 6" Water Ma~n 1654 LF
2 12-B 12" Water Main 2132 LF SJ~ OO1LF $~
Un~ Prlce la Words ~ + ~
Unzt Prmce mn Words 0-~./-~
sP-44 Fzr~ Hydrant 3 EA
Unz~ ~r~ce ~n Words
SP-42 Remove Valve Stack 11
Unlt Price in Words
SP-40 ~ Cut and Plug Exlstlng 7 FA
Waterline
2 16 ~ Water Service 66 EA
14 Fire Hydrant 7 EA W~EA $
2 13 1-B Gate Valve 3 EA $
2 13 1-C 16" Gate Valve 1 EA ~EA $~
P 3
WORK DA%S 65
BID NO 1 ~,~
ReDlace Naterlzne - Yorkshmre PO NO
BID TABULATION SHEET
iTL DESCRIPTION ~. U_~_~T I ~Y OiNIT ~IT PRICE TOTAL
3-B Remove Curb and Gutter 15 LF $
Unit Price zn Words /~ ~
3-A Remove Concrete Pavemen~ 9 SY $ ~ ~O/SY ~-
Unl~ Price ~n Words
3-C Remove Concrete Walks and 13 SY $
Dr/yes
Unit Price in Words ~ ~
8 2-a Curb and Gutter 15 LF $
5 8-A 6" Concrete Pavement 9 SY ~OO/SY ~
Unlt Prmce mn Words /~
8 3-B 6" Concrete Drzveway 13 SY
SP-2 ~ Concrete Saw Cut 40 LF $ ~O /LF
Unit Prlce mn Words ~ ~
3 9 Sod 325 SY I $ Z/ '~SY I $ /~JO J('
Unit Prince in Words ~.~
121 IC°ntractOrs warrantmesand Understandlngs --
Unlt Price in Words ,
SP-10 Rock Excavat 1on 50 CY
sP-37 Excavat ~on Protecu~on 385 LF $
Unit ~r~ce ~n Words p~ [/~ O~r/
? - 4
&ORK DAfS 65
BID NO ] ~3 ,
ReDlace Wa~erllne - Yorkshire PO NO
BID TABULATION SHEET
3 1 Preparation of - - LS $/O'-O~ /LS $ X~'-063
Rlght- of- Way
8 1 Barricades, Warn~n~ S~ns -- LS $~ /LS $~
and Detours
2 12 8 Ductile Iron Fittings 1235 LB $ / ~/LB ~ $/~ 5~
SP-46 Misc SpraWler System Ad] S
Total Price ~n Words /
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 17 day of
s~m~ A.D., 19 96 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
HYDRO P~P & EQUIPMENT
P.O. BOX 40294
615 RAINWOOD
HOUSTON, TEXAS 77240
of the city of HOUSTON , County of HARRIS
and State of ~as , 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:
DID ~ 1936 - IN~A~RSTRUC'i'U~I~n~r~'=-T~ P~OJECT
in the amount of ~80,495.00 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), Instructzons 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 thereof, and the Specifications therefore, as prepared by
CITY OF DENTON Wa~R.w P~ODUCTION 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, Texa~, or his designee under this agreement.
Indemnification
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. ~
Cholce of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, sub]ect to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
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 written.
ATTEST: ·
OWNER
ATTEST:
CONTRACTOR
MAILING ADDRESS
PH NUMBER
F~ ~
BY ~ ~ ~
TITLE
PRINTED N~E
APPROVED AS TO FORM: (SEAL)
City Ktt~rney ~
AAA0184D
Rev. 07/28/94
CA - 3
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
pEP. FORMANCE BOND
OTAT~ or T~)~S ~ Bond No 1287270
Premium $2,415 00
cOUNTY OF DENTO~ S
~I~OW ALL MEN BY THESE PRESF. NTS: That ......
Hydro Pump & EquIpment, Inc _, of the City of Houston
Harris , and Stata of Texas
county of .....
as PRINCIPAL, and Amwest Surety Insurance Company _ _ _
, as SURETY, authorized under the laws of
the State of Texas to act as sure=¥ on bonds for principals, are
held and firmly bound unto tbs C~ty of Dent99~ Texas
ac OWt;ER, in the penal s~m of El~ht~ Thousand Four Hundred
N~net[-F~ve and No/100 .......... . Dollars ($.80~95 00 ....... ?.) for ~he
payment whereof, the said Principal and Surety bind themselves, and
their heirs, a~Lminietrators, executOrS, successors and assigns,
jointly and eeYerally, by ~hese presenter
trH~RF2%S, the Principal has entered into a certain written
contract with the OWNER, dated the 17t.__~h day of September .,
1~ 96._, £cr t~a oons~ruct£on of D~ed~e approx 20~000 cu~ yards of
mater~al f~om water intake structure and channel and deposzt in lake
disposal area or.%7uck...to C~ty of Denton's MunIcipal Landf~ll
which contract is hereby referred tc and made a part hereof as
fully end to the same ex~ent as if copied at length herein.
NOW, TH~ORE, the condition of this obligation is such, that
if the.said principal shall faithfully perform sai~ Contract and
shall ~n ~11 respects, conditions and agreements ~n and by said
con~ract agreed and oovenante~ by the Principal to bm observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond i~ ex~cut-d pursuant To the
provisions of the Texas ~cvsrnment Code, Chapter 2253 (Vernon, as
~urrently amended), and all liabilit%es on this bond shall be
determined in accordance with said provisions to the same extent as
PB - I
bond, venus shall 1ia an Denton County, S~ate of Texas.
Sure~y, for value reoaived, stipulatea and agrees that no
the contract, or to t~e work performad thereunder, or the plans,
affect its obligation on this bond, and it does hereby waive notice
of any such change, axte~eion of time, alteration or addition to
the terms of the contract, or to the work to be Dsrformed
thereunder.
IN WIT~EBS WHEP. EOF, the said Principal and Surety have signed
and ~uled %hi~ instrument this 10th day of October
HYdro Pump & Equlpmen~ Inc ^mwest Suret~ Insurance Company
Principal Surety
Erin C T~sdel
Nouston~ Texas ??008
(S AL)
The name an~ a~ress of the Resident Agent of Surety
Don Harve,~ Weldenfeller
12~ North Loop West~ Suite 318~ Nous.ton. Texas 77008
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev, 07/28/~4
PB - 2
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
PAYMENT BOND
STATE OF TEX~ § Bond No 1287270
Premium $2.415 00
COUNTY OF DENTON 5
KNOW ALL MEN BY THESE PRESENTS: That --
Hydro Pump & Equipment. Inc of th~ C1Ly o£ Houston
County of Harris , and the St&%e of Texas
as principal, an~ A~w~st Surety Insurance Com,p,any ,,.
au~horlzed un,er ~e laws of the S~a~e of Texas to ac~ as ~ety on
bona~ for principals, arm held an~ ~l~y ~o~ un~o
C~t~.of Denton~ Texa~ , O~, In =he penal sum o~
El~hty Thousaod FQuJ..Hundre4.~lnet~-Flve and No/100 Dollars ($80,~95 00 ..... )
for the pa~ent whereof, ~e sai~ Principal and Surety bind
themsmlves an~ ~mir heirs, a~inis~ators, executors,
~na assigns, ~intl~ and ~rally, by the~e
~S, ~e Principal ham entered into a cer~a~n ~itten
contract with the O~er, ~ate~ ~e 17th day of September
19~ ·
D~e~g9 approx 20.000 cubi~...yards of ma%oriel fro~ wa~er ln~ake structure and
chapel and deposzt ~n lake d~sposal area or truck to Czty of Denton's Municipal Landf~ll
to which contract is hereby refe~ed to and made a part hereof as
fully an4 to the s~e extent as if copied at len~h herein.
NOW, ~EFORE, ~E ~I~ON OF ~IS OBLIGATION IS SU~,
and material to him or a s~on=raotor in ~ prosecution of
wo=k p=ovi~ for in ~aid =on~a=U, Lh~n Lhis obli~=tlon shall
void, o~m~ise tO r~a~n ~ full force and offer;
PRODDED, HO~, that ~is bon~ is exeou~e~ p~suant
~ provisions o~ ~ Texas ~o~er~en= COde, c~ap=er 2253 (vernon,
as cu=ren~ly amendS), ~d all liabilities on ~is bond shall
de=ezmin~d~n accordance wi~ said provisions =o the same e~ent as
if they we=a copied at len~ herein.
PB- 3
Sure=y, for value received, stipule=es and agrees thnt no
change, extension of time, alteration or addition =o the terms of
the contract, or to the work performed theTeunder, or the plans,
specifications, or drawings eccompanyin~ the same, shell in any way
affect its obligation on this bond, and ~t does hereby waive notice
of any s~¢h change, extension of time, alteration or add~t4oa to
the terms of the contract, or to the work to be performed
thereunder.
TN WITNESS WHEREOF, ~he said Principal and ~urety have
signed and sealed this instrtment this 10t__h day of . October
19 96
.... Hydro Pump & Eq,?~pment, Inc Amwest Surety Insurance Company
Principal ~ure~:y
.~ % ~, /~ ~ ~O _¢23~..North Loop West, Suite 318
. Houston, Texas 77008
The name and addxess of the Resident Agent o~ ,~r~ty is:
Don Harve~ We~denfeller
12~ N. ou%h Loo~_W.est, Suite 318, Houston, Texas ??008
Rev. 07128194
EX?IRATIONDATE %29-97 .OW R.uMB R 0000559149
ERIN C TISDEL
AS AN EMPLOYEE OF A~ST SURETY INSU~CE ~ X ~N%
~ts true and lawful Attorney-m fact wdh hmitod power and authortt) for and < the seal of the company
Bid Bongs up to $*'1,000,000 00
Contract (Performanee& Payment), Court, Subdivision $**L000 04~ 04)
Lleeme & Permit Bonds up to $**1,000,000 O0
Miscellaneous Bongs up to $**1,000,000 00
Small Business Administration Guaranteed Bonds up to
prowsmns of the By Laws of the Company
Bond No 1287270
Karen G Cohen Secreta~
Company at a meeting duly
__ revoke any PeA !
KESOLVED FUKTHER v obhgatlon shall be vahd and brad upon the Company
(1) when signed b} a seal be reqmred) by any S¢cretoW or Assistant Secretory or
KESOLVED FURTHEK, that the s authorized officer a~d the sea: vi [he Compan) may be affixed b~ facs~m:le to an) PeA or cemficauon
when so used shall have the same force and effect as though manuallx afftxed
he/she/they executed the same m his/her/their authorized capac~ty(~es) and that b~ h]~ ~er/metr stgnature(s) ~ t~ m~[rug~en~t h e~er~n(~ o$.[he~nt]~ u~o n~e h ~[.f
ofwh,chthe e o.,s.ct e,,ec,,ta ,thg,;;; me;Ind and o c,al sea
~.~ 1995
,,,~/,~, ~c4 ,,,'
,,,,,',,.vy.
F
P, 0. BOX 2004 - BELLAIRE, TX 77402-2004 (713) 669-1127
CERTIFICATE OF INSURANCE
This Certificate is issued as a matter of Information Only and confers
no rights upon the Certificate Holder This Certificate does not
amend, extend or alter the coverage afforded by the policies below.
Hame and Address o_~ Insured:
HYDRO PUMP & EQUIPMENT, INC.
P O BOX 40294
HOUSTON, TX 77240
THIS IS TO CERTIFY that Policies o~ Insurance as l~sted below have been
issued to the above named Insured by carriers named below, and are
force at this time'
INSURORAND
TYPE OF INSURANCE: POLI~Y NUMBER: EXP.DATE: ~IMITS OF LIABILITY
General L~abillty Scottsdale Ins $2,000,000. aggregate
Co CLS-340643 12-07-96 $1,000,000 occurrence
$1,000,000 Pets In]
As Additional Insured: The City of Denton, its Officials, Agents,
Employees and Volunteers
This insurance is primary to any other insurance available to the Named
Insured w~th respect to claims covered under the policy The inclusion
of more than one insured shal! not operate to increase the lnsuror's
limit of liability
Workers T.W C I.F. 10-16-97 Statutory with
Compensation #SBP-150059 $100,000 ea accident
$100,000. ea employee
$500,000 agg. disease
Waiver of Subrogation against: The City of Denton, its Officials,
Agents, Employees and Volunteers.
Should any of the above described policies be cancelled Before the
expiration date thereof, the issuing company wzll endeavour to mall 30
days written notice to the below named Certificate Holder, but fazlure
to mazl such notice shall impose no obligation or liability of any kznd
upon the Company
Oct 10, 1996
CERTIFICATE ISSUED TO:
City of Denton, Texas - Att'n.. Tom D Shaw
901-B Texas Street, Denton, TX 76201
RECEIVED 10 15 96 10 2EAU~ 18173837302 => DENTON*CITY*ACCTG~ #2
CERTIFICATE OF INSURANCE
~ ALLSTATEIN~,URANCECOMPA#Y [] ALL~ATEINDEMNI~ ~M~NY ~ A[~TATE T~ kk~D'8
TH(8 ~ FiOA~ IS I~B · ~ A M~ER OF INF~MA~N ONkY AND GONF~ NO R~H~ U~ THE OE~F~TE HOLO~ ~1~ O~IFI
~TE ~ HOT AMEND, ~O OR ALTER THE~E~GE AFF~D ~THE ~ ~ j
C/O ~ D. ~ C~ P.O. ~ 40294
901~B ~ =~'~ ~' ~ 77040
~, 1~ 76201 ,
~ ~ml ~
~ ~ ~ffL~e~lON~~r__~ .....
NR~AL ~D A~ I~U~ LIMIT .........
~PL~8' ~ ... ~ _ ~(e Dale
~m~_ Lim.~ ......
~DILY iNaU~ BY A~D~f . I. EACH A~
A~E~BIL~ Num~ 049 379 221
~IFIEP AU~ ~ N~N~O ~ ..
~ ~DE~
UMBfl~ LIABI~ .~Num~ ~-- p~ P~ ~ ~71 --
'* '-
Num~ Of ~ n~ ,,, 30
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly
recommended that bidders confer with their respective insurance carners or brokers
to determine m advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein If an apparent Iow bidder falls 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 limiting any of the other obhgat~ons or I~ab~l~t~es of the Contractor, the
Contractor shall prowde and maintain until the contracted work has been corr~oleted
and accepted by the City of Denton, Owner, the minimum ~nsurance coverage as
indicated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file with the
Purchasing Del~artment satisfactory certificates of insurance, containing the b~d
number and title of the project Contractor may, upon wntten request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to b~d
opemng, since the ~nsurance requirements may not be modified or waived after btd
opening unless a written exception has bee~ submitted w,th the bid Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All ~nsurance pohcles proposed or obtained tn satisfaction of these requirements shall
comply with the following general specIfications, and shall be maintained in
comphance wIth these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each pohcy shall be issued by a company authonzed to do business ~n the
State of Texas wtth an A.M. Best Company rating of at least
· Any deductibles or self-~nsured retentions shall be declared ~n the bid
proposal If requested by the Ctty, the ~nsurer shall reduce or ehmlnate
such deductibles or self-~nsured retentions with respect to the C~ty, ~ts
AAA00350
~-V~SEO ~o1~2/e4 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall prol:ure
a bond guaranteeing payment of losses and related ~nvestlgat~ons, claim
administration and defense expenses
· Liability policies shall be endorsed to prowde the following.
· · Name as additional insured the City of Denton, ~ts Officials, Agents,
Employees and volunteers
· · That such insurance is pnmary to any other ~nsurance avadable to the
additional insured w~th respect to claims covered under the pohcy 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
insured shall not operate to increase the insurer's hm~t of habd~ty.
· All policies shall be endorsed to prowde thirty(30) days prior wntten notice
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 this contract and, w~thout lapse, for a period of three years beyond
the contract expiration, such that occurrences arming during the contract
term which g~ve rise to claims made after expiration of the contract shall
be covered ,
· Should any of the required insurance be prowded under a form of coverage
that ~ncludes a general annual aggregate I~m~t prowd~ng for claims
investigation or legal defense costs to be included ~n the general annual
aggregate I~mit, the contractor shall either double the occurrence I~m~ts or
obtain Owners and Contractors Protective Liability Insurance
· Should any required insurance lapse during the contract term, requests for
payments or~glnating after such lapse shall not be processed until the City
receives satisfactory ewdence of reinstated coverage as required by th~s
contract, effective as of the lapse date If ~nsurance ~s not reinstated, City
may, at its sole option, terminate th~s agreement effective on the date of
the lapse
A~oo3so Cl - 2
P~V~S~D ~o/~2~4
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance policies proposed or obtained ~n satisfaction of this Contract shall
add~tionally comply with the following marked specifications, and shall be maintained
in comphance with these additional specifications throughout the duration of the
Contract, or longer, if so noted.
[ ] A General LJabdity Insurance:
General Lmbfllty ~nsurance with combined single hmlts of not less than
shall be provided and maintained by the contractor The pohcy
shall be written on an occurrence basis either ~n a single pohcy or in a
combination of underlying and umbrella or excess pohcles
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used
· Coverage A shall ~nclude premises, operations, products, and
completed operations, independent contractors, contractual habfl~ty
covering th~s contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall include at least
· Bodily iniury and Property Damage Llab~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 habfl~ty (preferably by endorsement)
covering th~s contract, personal ~njury habfl~ty and broad form
property damage habfl~ty.
~oo~o CI - 3
REVISED 10112J94
Insurance Requ,rements
Page 4.
[ ] Automobile Llabihty Insurance:
Contractor shall provide Commercial Automobile Llab~l,ty insurance w~th
Combined Single Lim~ts (CSL) of not less than either in a single
policy or ~n a combination of basic and umbrella or excess policies The policy
will include bodily ~nlury and property damage hablhty arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
~n conjunction with th~s contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
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, ~n addition to meeting the m~mmum statutory requirements for ~ssuance
of such ~nsurance, has Employer's Liability hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy hrmt for
occupational d~sease The City need not be named as an "Additional Insured"
but the insurer shall agree to waive ~11 r~ghts of subrogation against the City,
~ts officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply w~th the prows~ons 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 obtain, pay for and maintain at all times during the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective Llab~hty ~nsurance pohcy naming the City as insured for property
damage and bodily Inlury which may arise ~n the prosecution of the work or
contractor's operations under th~s contract Coverage shall be on an
AAA00360
CI - 4.
REVISED 10112/94
Insurance Reqmrements
Page 5
"occurrence" basis, and the policy shall be ~ssued by the same ~nsur~nce
company that carnes the contractor's liability insurance Policy limits wdl be
at least combined bodily ~njury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage ~s required ~f Broad form General Liability ~s not provided or Is
unavailable to the contractor or If a contractor leases or rents a port,on of a
City building L~mlts of not less than each occurrence are required
[ ] Professional Llabdity Insurance
Professional I~abdlty insurance with hmlts not less than per claim
with respect to negligent acts, errors or omissions ;n connect;on w~th
professional services ~s required under this Agreement
[ ] Budders' R~sk Insurance
Builders' Risk Insurance, on an AII-R~sk form for 100% of the completed value
shall be provided Such policy shall ~nclude as "Named Insured" the City of
Den[on and all subcontractors as th~{r ~nterests may appear
[ ] Additional Insurance
Other insurance ma,/ be required on an indlwdual basis for extra hazardous
contracts and specific service agreements If such additional insurance [s
required for a specific contract, that requirement will be described m the
"Specific Conditions" of the contract specifications
A~350
REVISED I0/12/~4 CI - 5
Insurance Requmrements
Page 6
ATTACHMENT I
Worker's Compensation Coverage for Buildmng or Construction Projects for
Governmental Entities
A. Definitions.
Certificate of coverage ("certlflcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-insure ~ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or 'r~NCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or entlty's employees providing services 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 providing serwces on the project ("subcontractor" ~n §406 096) -
includes 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 directly w~th the contractor and regardless of
whether that person has emplo, yees This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde serwces on the project
"Services" ~nclude, without hm~tat~on, providing, hauling, or dehvenng
equipment or materials, or prov,dlng labor, transportation, or other service
related to a project. "Services" does not ~nclude act~wt~es unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable to~lets
B The contractor shall prowde 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 serwces
on the project, for the duration of the prolect
~ooaso CI - 6
RE'VISED 10112J94
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 prolect, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E The contractor shall obtain from each person prowd~ng services 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 entIW will have on file certificates of
coverage showing coverage for all persons providing services on the
prolect, 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 prolect
F. The contractor shall retain alt' 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
mall or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project
H. The contractor shall post on each project site a not~ce, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report tack of coverage
AAA00350
CI - 7
REVISED 10112/94
Insurance Requirements
Page 8
The contractor shall contractually require each person with whorb it
contracts to provide services on a prolect, 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 prowdmg services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage per~od, 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 with whom ~t contracts, and prowde to
the contractor
(a) a certificate of coverage, prior to the other person beginning
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage period
shown on the current certificate of coverage ends during the
duration of the prolect,
(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 In writing by certified mall 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 providing services on the project, and
CI - 8
REVISED 10112/94
Insurance Requirements
Page 9
(7) contractually require each person with 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 th~s contract or prowdlng or causing to be provided a certificate
of coverage, the contractor Is representing to the governmental entIW that
all employees of the contractor who will 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 will be filed
with the appropriate insurance carrier or, in the case of a self-insured, with
the commission's Diwslon of Self-Insurance Regulation Prowdmg false or
misleading information may subject the contractor to adm~mstratlve
penalties, criminal penalties, civil penalties, or other civil actions
K The contractor's failure to comply with any of these prowslons ~s a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity
~oo3so Cl - 9
REVISED 10112/~4
BID SUMMARY
TOTAL BASE BID PRICE tN WORDS FOR ITEMS 1, 2, 3 AND 4
/
in th~ a~a~ ~ ~h~ ~w~rd ~f ~ ~tm~ ~ ~h~ und~d, fha und~m~n~d will ~um~h a
~ff~m~d ~d m~l~ ~urm~h~d in ~h~ ~ulfillm~t ~ ~h~
i~ ~$ und~m1~d th~ ~h~ work ~m~d ~ ~ d~ ~hall b~ ~o~d, when fully ~mpl~1~d and
fimshed m accordance w~th the plans and specifications, to the sat~sfa~on of the Engineer
The undem~gned ce~fies that the b~d pn~s contained m th~s proposal have been ~refully
checked and am subml~ed as corm~ and final
Umt and lump-sum pn~s as shown for each ~tem I~sted m th~s proposal, shall control over
e~enslons
The undem~gned agrees to substantially complete all wo~ covered by these Contm~
Documents w~th~n/0~ consecutive calendar days from the day estabhshed for the star of the
wo~, as set foRh by the execution of the contm~ agreement
' CONCUR'. ',
Street Address
C~ty and State
Seal & Authonzatmn
(If a Corporation) ~ ~ 3 - ~ 0 -~ ~ D
Telephone
B-1
Proposal
Base Bid - Project A
Mobilization to include 1
establishment of temporary work
facilities, dredge end tender boat
mobilization, project sign, and Dollars and
performance and payment Dollars and
bonds 2.~; Cents
Cents per Lump
Sum
Dredg~ng for Project A Including 2,000 $ ,,~3,~b, Per
all labor, rental, equipment, Cubic Yard
tools, supplies, fuel, and
incidental expenses to complete Dollars and
Project A
Cents
Yard
Demobilization and Project 1 $ %.~5'o OoPer $
Closoout Lump Sum
Dollars and
Dollars and
zero Cents
Cents per Lump
Sum
Total for Base Bid - Project A
Dollars and
Cents
Alternative No t - Project A
~-ubic $ SIo ,1~ Per $10~.,3~o.oo
Dredging for Project A Including 2,000 Yards I Cubic Yard o~ H~,~.I~.¢~ T~o '~.~
all labor, rental, equipment,
tools, supplies, fuel and I T')~'~/~f ~,d,.'e.,~ 7"~enf
Incidental expenses to complete I ~.~4.,, 4A,~, Dollars and
ProjectA And hauling offalurry I Dolla~ and ~o
from Project A In trucks to site I ~c/~,.F~..m Cants
located adjacent to City of I Cents per Cub;c
Denton landfill I Yard
P-3
Total for Alternative No 1 - Project A Includes bid items 1, 3, and 4 $ I ~,~, .Aq$ o o
Dollars and
Cents
Al~rnaUve No ~ - P~je~ B
5 Dredging for Proje~ B ~n~udlng ~8,000 Cubic $ %~ Per $
all labor, rental, equipment, Yards Cubm Ya~
tools, supplies, ~el, and
Inadental expenses to ~mpleta ~cv~m Dollars and
Pmj~ B Dollars and
~.~ ~ Cents
Cents ~er Cubic
Yard
Total for ~tamatlve No 2 - Pmje~ B
Dollars and
Cents
To~l Pmject
To~l Pmje~ Proposal to pmwde all sewi~s to ~mplete the Base Bid - Proje~ A $ ~O,
Dollam and
Cents
Total Pmj~ Proposal to provide all sewers ne~ssaW to ~mpleta the Altamat~ve
No 1 - Pmje~ A
Cents
To~l PmJ~ Proposal to pmwde all sewl~s ne~ssa~ to ~mplete b~ the Base
Bid - Pmj~ A and Alternative No 2 - Pmje~ B
~o11~ ~nd
Cents
P-4
SECTION 2
CONTRACTOR SAFETY INFORMATION
Nam¢ofF, rm ~ydro Pump & Eouipmentr Inc
Address P O. Box 40294, Houston, TX 77240
(~freet Addrest and/or P 0 Box)
~u~eon TX 77240
Telephone Number (719 8'~n-n~70 (713) R7~-8770 V13)870-8770
g/mor~ than on~ (1) ~'$on w~ $hm'~ ~h~ caH. o~t r~on~b~B~o a. uo~a~4 w~th ~, R;~a~ h~ ~h~ no~ ~l~ ond
L~s~ ~e of S~e~ C~r or ~ ~n(s)
L. J- v~lich President (71~ 870-8770
~am~) ~) ~R~on~
( )
D~ y~ ~ ~ a fo~ ~ ~on pm~ for ~ ~pl~? y~ (X) No ( )
(~ ~)
D~ y~ffl~ ~ve a fo~ ~ pm~7 Y~ ~ ) No ( )
D~ y~ ~ ~nd~ m~ ~ m~? Y~ ~ ) No ( )
~d~? Y~ ~ ) No ( )
In ~e ~t ~ on-st~ ~nt at ~ ~h~, who ~ii ~ndu~ ~e ~nt mv~U~On for yo~
pr.~i~n~ (713 ~70-8770
Using ~e ~ (3) mo~ ~nt ~le m~n~ 1~ ~ fi~ In~te E~en~ M~Ron ~te ~),
for ~ ~me ~n~ d~ ~low
P~sam Year 19~6 EMR 1.0
L~ Yesr 1995 EMR1 0
_Pr~__~ngY~sr 1994 PR~R 1 0
No accidents since inception of Company in 1983 1
Nameoflnsu~nceA~ency Pete Reinthaler Insurance Agency
A§entsName Pe%e Reinthaler TclephoneNo~l~ 669-1127 Ext 1
L,~ your firm's ~fcty smUs~,cs as ~quc~cd below
Present Last Preccchn~
Year ~r ~r
Tom] number of inJUries and ~llnessas - O- - 0 - - O-
Total number of OSHA "R~ordablc" lnc~dems - 0 - _ O - - 0 -
d~f~r ~o OM-IA 200fortaz)
Total number of lost workday cases -0- -0- -O-
Total number of famlmas - 0 - - 0 - - 0 -
Us~n§ the formuh provided below, list your finn's OIHA Imadent Rate (I P,.), for the ume periods md~cated ~yo~ ar~ No~ ~lq#lr~d to fl~ ~ 200 r~port& ~bow ~ in I~e (IR.) column and ll~t only
~t¥~aX l~ 9§ IR. -.0- Employ~a~hoat~Wurl~:13,616
I R.= Total Record~ble Cases X 200.000
Employee Hours Worked
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 17 day of
SEPTEMBER A.D., 19 96 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
INSITUFOPR TEXA~/K. INC.
17988 EDISON AVENUE
C~8T~RFJ~F.n f MI S$O~RI 63005
of the City of u-~STERFIELD , County of SAINT LOUIS
and State of ~TSSOT~T , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in cons~deratlon of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1940 -CHISHOLMT~AIL SANITARY SEWER (MONCAYO)HOUSTON PLACE
in the amount of $99~971.30 and all extra work ~n
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 ~n
accordance with the plans, which includes all maps, plats,
CA - i
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGIN~R~ING AND TRANSPORTATION 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.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work 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 th~s
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST: ~/
//.~ CITY OF DENTON
(SEAL)
ATTEST:
Chesterfield, Missouri 63005
MAILING ADDRESS
314-532-6137
PHONE NUMBER
314-530-0751
FAX NUMBER
BYPresident
TITLE
Robert W Affholder
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
ty Attorney~
AAA0184D
Rev 04/05/96
CA - 3
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 cert,flcates and
endorsements as prescribed and provided herein If an apparent Iow bidder falls to
comply strictly with the insurance requirements, that bidder may be disqual,fied from
award of the contract Upon bid award, all insurance requ,rements shall become
contractual obligat,ons which the successful bidder shall have a duty to malnta,n
throughout the course of this contract
STANDARD PROVISIONS.
W~thout hmlt~ng any of the other obhgat~ons or hab~l~t~es of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the m~mmum ~nsurance coverage as
md~cated hereinafter
As soon as practicable after not~flcation of bid award, Contractor shall file w~th 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 ~nsurance requirements at any
time. however, Contractors are strongly adwsed to make such requests pnor to b~d
opening, since the ~nsurance requirements may not be modified or waived after b~d
opening unless a wntten exception has been submitted w~th the bid Contractor shall
not commence any work or dehver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All ~nsurance pohcles proposed or obtained ~n satisfaction of these requirements shall
comply w~th the following general specifications, and shall be maintained ~n
comphance with these general specifications throughout the duration of the Contract,
or longer, ~f so noted
· Each pohcy shall be ~ssued by a company autho.zed to do business ~n the
State of Texas w~th an A M Best Company rating of at least &
· Any deductibles or self-insured retentions shall be declared m the b~d
proposal If requested by the C~ty, the ~nsurer shall reduce or ehmmate
such deductibles or self-~nsured retentions w~th respect to the City, its
AAAO0350
REVISED 10112~94 ~1
1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guarantemng payment of losses and related ~nvest~gations, claim
administration and defense expenses
· Llabd~ty pohcms shall be endorsed to provide the following
· · Name as additional ~nsured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
· · That such ~nsurance ~s primary to any other insurance avadable to the
additional insured w~th respect to claims covered under the policy and
that th~s insurance applies separately to each insured against whom
claim ~s made or su~t ~s brought The inclusion of more than one
~nsured shall not operate to increase the ~nsurer's I~m~t of habd~ty
· All policies shall be endorsed to prowde 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, without 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 insurance be prowded under a form of coverage
that includes a general annual aggregate hm~t prowd~ng for claims
investigation or legal defense costs to be included ~n the general annual
aggregate hm~t, the contractor shall e~ther double the occurrence hm~ts or
obtain Owners and Contractors Protective Llabd~ty Insurance
· Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed untd the C~ty
receives satisfactory ewdence of reinstated coverage as required by th~s
contract, effective as of the lapse date If insurance ~s not reinstated, C~ty
may, at its sole option, terminate th~s agreement effective on the date of
the lapse
AAAO0360
REVISED 10/12/94
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance pohc~es proposed or obtained ~n satisfaction of th~s Contract shall
additionally comply with the follow,ng marked specifications, and shall be maintained
~n compliance w~th these additional specifications throughout the duration of the
Contract, or longer, ff so noted'
A General Llabal,ty Insurance:
General L~ab~hty ~nsurance w~th combined s~ngle hm~ts of not less than
~l,ooo.ooo shall be provided and maintained by the contractor The pohcy
shall be wntten on an occurrence basis either m a single pohcy or in a
combination of underlying and umbrella or excess pohc~es
If the Commercial General L~ablhty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall include premises, operations, products, and
completed operations, ~ndependent contractors, contractual hab~hty
covenng this contract and broad form property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, as not required
If the Comprehensive General L~abd~ty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall include at least
· Bodily injury and Property Damage Llab~hty for premises,
operations, products and completed operations, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual hab~hty (preferably by endorsement)
covenng th~s contract, personal ~njury hab~i~ty and broad form
property damage hab~hty
AAA00350
REVISED 10112/94 Gl - 3
Insurance Requirements
Page 4
Automobile Uablhty Insurance:
Contractor shall provide Commercial Automobde L~abJltty insurance w~th
Combined Single L~mlts (CSL) of not less than ~500~000 e~ther ~n a s~ngle
policy or ~n a combination of basic and umbrella or excess pohcles. The policy
will ~nclude boddy injury and property damage liability anslng out of the
operation, maintenance and use of all automobdes and mobde equipment used
~n conjunction with this contract
Satisfaction of the above requirement shall be ;n the form of a pohcy
endorsement for
· any auto, or
· all owned, hired and non-owned autos
[x] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, m adder;on to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's L~abd~ty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy hm~t for
occupational d~sease The C~ty need not be named as an "Additional insured"
but the ~nsurer shall agree to waive all rights of subrogation against the C~ty,
~ts officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply w~th the prows~ons of Attachment 1 in accordance
w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective L,ab,lity Insurance
The Contractor shall obtmn, pay for and ma;nta~n at all t,mes during the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective Llabd~ty ~nsurance policy naming the City as ~nsured for property
damage and boddy ~n]ury which may arise m the prosecution of the work or
contractor's operations under th~s contract Coverage shall be on an
AAA00350
REVISED 10/12/84
Insurance Requ,rements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's hab~llty insurance Policy I~mlts w~ll be
at least combined bodily injury and property damage per
occurrence w~th a aggregate
[ ] Fire Damage Legal Llab,lity Insurance
Coverage is required if Broad form General L~ab~l~ty ~s not prowded or ~s
unavailable to the contractor or ~f a contractor leases or rents a port~on of a
C~ty bu;Id;ng L~m~ts of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional Ilab~hty ~nsurance with I,m~ts not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional serwces ~s required under this Agreement
[ ] Builders' Risk Insurance
Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value
shall be prowded Such pohcy shall include 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~vldual bas~s for extra hazardous
contracts and specific service agreements If such additional ~nsurance is
required for a specific contract, that requirement will be described ~n the
"Specific Conditions" of the contract specifications
REVISED 10/12/94
Insurance Requirements
Page 6
ATTACHMENT I
Worker's Compensation Coverage for Building or Constructton ProJects for
Governmental Entities
A. Definitions
Certificate of coverage ("certtflcate")-A copy of a certificate of insurance,
a certificate of authority to self-~nsure ~ssued by the commission, or a
coverage agreement (TWCC-81, TVVCC-82, 'I'VVCC-83, or 'I'VVCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entlty's employees prowd~ng serwces on a project, for the
duration of the project
Duration of the project - includes the t;me from the begmmng of the work
on the project untd the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons prowdlng services on the project ("subcontractor" ~n §406 096) -
includes all persons or entities 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 This ~ncludes, w~thout hm~tat~on,
independent contractors, subcontractors, leasing companies, motor
carners, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde serwces on the project
"Services" include, without hmltat~on, prowdmg, hauhng, or dehvenng
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 dehvenes, and
delivery of portable todets
B The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and fd~ng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor prov;dmg serwces
on the project, for the duration of the project
AAA00360
RE~/ISED 10112/94 CI - 6
Insurance Requirements
Page 7
C The Contractor must provide a certificate of coverage to the governmental
entity pnor 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 penod, file a new certificate of coverage with
the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowd~ng services on a
project, and prowde to the governmental entity
(1) a certificate of coverage, prior to that person begmmng work on the
project, so the governmental entity w~tl have on file certificates of
coverage show.ng coverage for all persons prowdlng serwces on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage show~ng extension of coverage, 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 writing by certified
mall or personal dehvery, w~thm 10 days after the contractor knew or
should have known, of any change that matenally affects the provis~on of
coverage of any person prowdmg serwces on the project
H. The contractor shall post on each project s~te a not~ce, ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
~nformmg 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
AAA00350
7
REVISED 10/12/94
Insurance Requirements
Page 8
The contractor shall contractually require each person w~th whom it
contracts to provide serwces on a project, to
(1) prowde 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 prowd~ng services on the project,
for the duration of the project,
(2) prowde to the contractor, prior to that person begmmng work on the
project, a certificate of coverage showing that coverage ~s being
prowded for all employees of the person prowd~ng 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 with whom it contracts, and prowde to
the contractor
(a) a certificate of coverage, prior to the other person begmmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends dunng the
duration of the project,
(5) retain all required certificates of coverage on fde for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified mall or personal
dehvery, within 10 days after the person knew or should have known,
of any change that materially affects the prows~on of coverage of any
person prowd~ng serwces on the project, and
AAA00350
REVISED 10/12/94 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person w~th 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 prowdmg services
J By s~gn,ng 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 serwces on the project wdl
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be flied
with the appropnate ~nsurance carrmr or, in the case of a self-insured, with
the commission's D~vlmon of Self-Insurance Regulation Prov,d~ng false or
m~sleadmg mformat~on may subject the contractor to administrative
penalties, criminal penalties, CIVIl penalties, or other clwl actions -
K The contractor's failure to comply w~th any of these provisions is a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity
AAA00350
9
REVISED 10/12/94 ~'"~!
BID SUMMARY
In the event of the award of a contract to the undersigned, the
undersigned wlll furnish a performance bond and a pa~ent 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 untll final oompletzon and acceptance, and to ~arantee
pa~ent for all lawful clalms for labor perfo~ed and materials
furnished in the fulfillment of the oontract.
It is understood that the work proposed to be done shall be
accepted, when full~ completed and finished in accordance with the
plans and speclficatlons, to the satisfaction of the Engineer.
The undersigned certifies that the b~d prices contained in thls
proposal have been carefully checked and are submltted as correct
and flnal.
Unit and lump-sum prices as shown for each item l~sted in thls
proposal, shall control over extensions.
INSITUF?~E~RK, INC
CONT~C~R ~ - ~ '
17988 Edison Avenue
Strait Address
Chesterfield, Mtasouri 63005
City and State
Seal & Authorization 314-532-6137
(If a Corporation)
Telephone
B
WORK DA~S~-~:
Chisholm Trail Sanitary Sewer (Moncavo) PO NO
Base Bid 10" Trenchless
BID TABULATION SHEET
ITEM I DESCRIPTION QUANTITY UNIT I UNIT PRICE TOTAL
Unlt Price in Words O~ ~~~% ~ ~
7 6-B Rebuzld Concrete Manhole 5 EA' $~EA ' $/~,&~'O
(4' Dina)
Unmt Przce In Words ~, ~OmF~~*~~
5 8-A 6" Concrete Pavement 6 SY $ g~.~ /SY $ ~
~n~ ~r~ce ~ Word~ ~ ~ ~$
Unlt Price in Words ~na + ~. ~
1 21 Con=factors Warran=zes --- LS $ l~ /LS $ /~ ~
and Und~rstandzngs
Unzt Prlce ~n Words ~ ~1~ ~'~ 7~
1 Barrmcades, Wa=n~n9 Slgns --- LS $ /~a~LS $
and Detours
Unlt Price in Words
p - 3
WORK DAYS 30
BID NO 1940
Chisholm Trail Sanitary Sewer (Moncavo) PO NO
Alternate, 15" Trenchless
BID TABULATION SHEET
SP-45B 15" Trenchless 1,336 LF
Rehabilitation
Unit Price in Words
WS-18 Sewer Service 12 EA
unit Pr~ce ~n Words
7 6-B Rebulld Concrete Manhole 5 EA $~ /EA
(5' Dla)
Unzt Price in Words
~ iConcrete Manhole 1 EA
unit Price ~n Words
3-AUnltRem°ve C°ncrete PavementIPrlce in Words ~
5 8-A 6" Concrete Pavement 6 SY
Unit Price Ln Words
SP-2 Concrete Saw Cut 20 LF
Unit Prmce in Words
3 9 Sod 100 SY
Unl~ Price in Words
1 21 Contractors Warranties --- LS
and Understandings
8 1 Barricades, Warning S~gns --- LS /LC
and Detours
SP-39 Project S~gns 1 EA /EA $
Unit Price in Words
TOTAL
P 4
ADD WORK DAYS 10
BID NO
Chisholm Trail Sanitary Sewer PO NO
Alternate, 15" Trenchless
BID TABULATION SHEET
(Alternate Items)
ITEMI DESCRIPTION QUANTITY UNIT I UNIT PRICE ITOTAL
3 3 I Unclassified Excavation 10 CY
(Asphalt Pavement Removal)
Unmt Prmce in Words
5 7-A 3 1/2" Asphalt Pavement 67 SY $'~XI~ /SY
(Type A)
Unit Price in Words
(Type D)
Unit Price in Words
5 8 6" Concrete Pavement 92 SY /SY
Unlt Price in Words
2-A Concrete Curb and Gutter 28 LF /LF
8
Unit Price in Words
SP-2 Concrete Saw Cut 306 LF $
Unit Price in Words
Remove Concrete Curb and 28 LF
Gutter
Unit Price in Words
3-c Remove Core Walks and 95 SY $~/SY
Dr~ves
Unit Price in Words
8 3-B 6" Concrete Drlveway 91 SY /SY
Unmt Prmce ~n Words
8 3-A I 4" Concrete Sidewalk 4 SY /SY
3-A Remove Concrete Pavement 92 SY
Unmt Price ~n Words
TOTAL $ ~
P - 5
WORK DAYS 10
~oustoD Place San£tarv Sewer PO NO.
10" Trench'less (Base B£d)
BID TABULATION SHEET
P - 6
WORK DAYS 15
BID NO. 19l~
Houston Place Sanitary Sewer PO NO.
12' Trenchless (Alternate Bid)
BID TABULATION SHEET
Z2~E DESCRZP~ZON ~ANTZ2*Y UNZ~ UNI~ PRZC~
12" Trenchless 351 /
Rehabilitation
unit Price in Words,
2 12-B 12' Sanitary Sewer 20 / $/
Unit Price in Words,
7.6-D Rebuild 5' Manhole i $
Unit Price in Words:
7.6-C 5' Drop Manhole 2 /
Unit Price in Words,
SP-41 Remove Manhole 1 /
Unit Price in Words,
SP-43 Asphalt Saw Cut 138 $/
Unit Price in Words,
SP-39 Project Signs 2 /
Unit Price in Words,
1.21 Contractors. Warranti.. --- I/~l $,~0/ $
and Understandings
Unit Price in Words:
8.1 Barricades, Warning Signs --- $
and Detours
Unit Price in Words,
3-B Remove Curb end Gutter 5 $
Unit Price in Words,
3-C Remove Walks and Drives 13 /
Unit Price in Words
P - 7
WORK DAYS
BID NO.
Houston Place Sanitary Sewer PO NO
12" TrenchleeB (Alternate Bid)
BID TABULATION SHEET
Unit Price in Word~
Unit Pri~e ~n Words~
8" Sanitary Sewer 10 LF
SP-37 cavation Protection 30 LF
unit Price ~ Words.
P 8
WORK DA¥S~
BID NO.
Point Repairs PO NO.
BID TABULATION SHEET
(Unit Prices Only} ~
ITEM DES~TION QUANTITY UNIT UNIT PRICE TOTAL
2 12-A 10" Sanitary Sewer -- LF $~--~LF $ N/A
Unit Price in Words ~
2 12-S 12" Sanitary Sewer -- LF $~/LF $ N/A
Unit Price in Words ~ ~
2 12-C 15" Sanitary Sewer -- LF I $ ~O0~--'/LF N/A
Unit Price in Words, * ~ ~OCL~"~
SP-37 Excavation Protection -- LF $ /~--'/LF N/A
Unit Price in Words:
P - 9
BID SUMMARY
I Chisholm Tra~l Sanitary Sewer (Moncayo)
a Base Bid - 10" Trenchless Rehabilitation
Bid Price $ 7~
Work Days ~5
b Alternate B~d - 15" Trenchless Rehab~lltatlon
Bmd Prmce (Alternate Items) $
Work Days
Work Days (Additional for Alternate Items) 10
2 Houston Place Sanmtary Sewer
a Base Bid - 10" Trenchless Rehabzlztatzon
Bid Price
Work Days 10
b Alternate Bid - 12" Trenchless Rehabzlltatzon
Bzd Prlce $~
Work Days 15
Award of the contract may be based on ezther the base bmds,
alternate bmds or a combznatzon dependzng on avazlable funding for
each project All work wmll be awarded to one contractor The
"Alternate Items" for the Chisholm Trazl sanztary sewer may be
awarded if the 15" trenchless rehabllztatlon ~s awarded These
~tems would cover expected damage to pavements and structures
caused by upslzzng the l~ne, however, does not cover damage caused
by contractor carelessness Total work days wmll be the sum of
work days for all sections that are awarded point repairs will
not be conszdered in the award of the bzd as it ~s not known
whether any wlll be requlred Unit przces are being requzred zn
the event that point repairs are necessary
B 2
PERFORMANCE BOND
Bond #142427530
STATE OF TEXAS S
COUNTY OF DENTON S
ENOW ALL MEN BY THESE PRESENTS: That ~SITU~O~M TEXARK, INC. , of the City of CHESTERFIELD
County of SAINT LOUIS , and State of MISSOURI
as PRINCIPAL, and Continental Casualty Company
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CITY OF DENTON
as OWNER, in the penal sum of NINETY NINETHOUSANDNINEHUNDI~ED SEVENTY
ONE and 30/100 .... Dollars ($ 99~971.30 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 17 day of ~..~..D ,
19 q~, for the construction of BID ~ 1940 -CHISHOLMTRAIL SANITARY SEWER
(MONCAYO) HOUSTON PLACE
whlch contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond ~s executed pursuant to the
prov~slons of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - i
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in anyway
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS Wq{EREOF, the said Principal and Surety have signed
and sealed this instrument this 17 day of Se?tember ,
19 9§
In~ituf~m Texark~ Inc Continental Casualty Company
/ / Principal Surety
T~tle Prm~dant ~ Title Attorney-in-Fact
1910 Pine
Address: 17988 Edison Ave Address:
Ch~stmrfJe]d- w~ &%~5 Sg Louis, MO 63103
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety ls:
Douglas G Hotchkiss, Hotchkiss & Sons, P 0 Box 819006, Dallas, TX 75381-9006
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev 04/05/96
PB - 2
PAYMENT BOND
Bond #142427530
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS.' That TNSTTUFORM TEXARK. INC.
of the City of c~STERFImT.n
County of SAINT LOUIS , and the State of TEXAS ,
as principal, and Continental Casualty Company
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
T~fl~ CITY OF DENTON , OWNER, in the penal sum of
.u.DR D s n sw )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 17 day of SEPTEMBER
19 96
BID #1940 --CNTg~OT~ ~PI~ATT. gANT~A~Y S~R (MONCAYO) HOUSTON pLACE
to whlch contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the te~s of the contract, or to the work to be perfbrmed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 17 day of September
19 )% .
Insituform ~xark, Inc Continental Casualty Company
Surety
.// obert w AffhI r- -- ------
T~e Prm~iden~/ Titl~ Attorney-~n-Fact
~M~: 17988 Edison Avenue ~M~: 1910 Pine
Chesterfield, M0 63005 St Louim, MO 63103
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Douglas G Hotchkiss, Hotchkiss & Sons, P 0 Box 819006. Dallas, TX 75381-9006
AAA0184D
Rev. 04/05/96
PB - 4
MAINTENANCE BOND
Bond #142427530
THE STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That ~NSITUFO~ TEXARK, INC.
as Principal, and continental Casualty Company
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the eum of NINE THOUSAND NINE HUNDRED NINETY SEVEN and 13/100--
Dollars ($ 9.997.13 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said INSITu~OP~T~A~K, INC.
has this day entered into a written contract with the said city
of Denton to build and construct BID # 1940 -CHISHOI/4TRAIL SANITARY
whlch contract and the plans and specifications therein mentmoned,
adopted by the City of Denton, are filed with the city Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part 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 a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
sa~d improvements it is agreed that the City may do said work in
MB - i
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to ~e
damages in said contract for each day's failure once part of said
Contractor to comply with~e tens and provisions of said contract
and this bond.
NOW, ~EFORE, if ~e said Contractor shall perfo~ its
agreement to maintain said const~ction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; othe~lse, to remain in full force and effect.
It is further agreed that this oblIgation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of ~e
conditions herein provided until the full amount of this bond shall
have been e~austed, and it is further understood that the
obligation to maintain said work shall continue throu~out said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during sa~d time.
IN WITNESS ~EREOF, the said In~ltuform Texark,
as Contractor and Principal, has caused these presents to be
executed by Robert W Affholder
and the said Continental Casualty Company
as sureR, has caused these presents to be executed ~ its
Attorney-in-Fact Thomas C. Ricci, Jr
and the said Attorney-in-Fact has hereunto set his hand this 17
day of September , 19 96
S~ETY: PRI~AL:
Contine~talCasualtyCom~z~ /~ I~i~formTe~ Inc
Thomas C Ricci, Jr
Attorney-~n-Fact
COUNTERSIGNED BY~
Douglas G Hotchkiss
Hotchkiss & Sons, Dallas, TX
AAA0184D
Rev. 04/05/96
MB - 2
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY an Ilhnms corporahon NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connectlout oorporatmn, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvama
corporahon (herein collectively called "the CNA Surety Companies'% are duly organized and existing corporations having thetr pnnc~pal offices m
the C~y of Chicago and State of Ilhnols, and that they do by wrtue of the s~gnature and seals herein affixed hereby make constitute and appoint
Kathleen M Hoffard, Thomas C Rtcc~ Jr, Kathlesn A Petehulat, Stephen E R~ccl Individually
of St Louis, Mlssoun
their true and lawful Attom ends
undertakings and other ob
and to b~nd them thereby Jons
and all the acts of smd At
~ ~reof duly
Th~s Power of Attome~
adopted as indicated, by
In
W~ness
Wherea
their co.orate seals to b
State of UIinols Cou~
. · m ~ ~ ~ ~ ~ u State of Itllnols
~ ~ ~ledges
a~hon~ given by the r
I John M Lffiler , ~ ~ ~ ~ ~ ~ ~ ~ ° ~ ~ E ~- r~ 5 ~ ,rem
HARTFORD and AI~
a~oveset.-~hissq~~u~I o ~ m o o R ~ ~ ~ ~ ~u ~ the
this
1
7
day
~ ~ ~ ~ O ~ INSYLVANIA
Secreta~
(Rev 7/1~)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of fha following By-Law duly adopted by the Board of Diroctom
of the Company
Article IX---Execution of Documents
Section 3 Appointment of Attorney-~n fact The Chairman of the Board of Directors, the President or any Exeout~ve Semor or
Group Vice President may, from time to time appoint by written certificates attorneys-In-fact to act In behalf of the Company m the
execution of poi;roes of ~nsurancs, bonds, undertakings and other obligatory Instruments of like nature Suoh attorneys m-fact subject
to the I~m~tahons set forth m their rsepect~ve csrt~ficstes of authority shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto The Chairman ofthe Board of Directors, the President
or any Execubve, Semor or Group Vice President or the Board of Dlrsctors, may at any time, revoke all power and autbonty prewously
g~ven to any attorney-m-fact
This Power of Attomey ~s s~gned and sealed by tacs~m~le under and by the authority oftha following Resolubon adopted by the Board
of D~rectors of the Company at a meeting duly called and held on the 17th day of February, 1993
Resolved that the srgnature of the President or any Execubve, Senlar or Group Vice President and the seal of the Company may
be affixed by facslmde on any power of attorney granted pursuant to Section 3 of Arbole ~X of the By-Laws, and the a~gnaturs of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any oertificste of any such power and
any power or csrt]ficate beanng such facsimde s~gnature and seal shall be vahd and binding on the Company Any such power so executed
and sealed and certified by certificate so executed and sealed shall with rsepent to any bond or undertaking to which it is affached,
continue to be valid and b~ndlng on the Company"
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA
Th~s Power of Attorney ~s made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company
Article VI---Executron of Obitgatrona and Appointment of Attorney.~n-Fact
Section 2 Appointment of Attorney-m-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group
V~ce Prss~dent may from t~me to brae, appoint by written csrt~flcstes attomeys-~n-fact to act ~n behalf of the Company in the exeouben of
policies of insurance bonds undertakings and other obhgatory Instruments of like nature Suoh aflomeys-m fact subject to the limitabons
set forth ~n their respaohve csrtrticates of authority, shall have furl power to b~nd the Company by their s~gnaturs and exeoution of any such
~netruments and to attach the seal of the Company thereto The President or any Execuitve, Senior or Group Vice President may at any time
revoke all power and authority prewously g~ven to any attorney-m fact
T~ls Power of Attorney ~s signed and sealed by facsimile under and by the authonty of the fallowing Reaoluhon adopted by the Board
of Directors of the Company at a meeting duly cslled and held on the 17th day of February, 1993
Resolved that the signature of the Precedent or any Execubve, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Artlole VI of the By-Laws, and the e~gnaturo of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by face,male to any csrtificste of any such power and any
power or certificate beanng such facsimile signature and seal shail be valid and b~ndlng on the Company Any euoh power so executed and
sealed and csrt~fied by csrbficste so executed and sealed shall w~h respect to any bond or undertaking to which it is attached, continue
to be valid and b~nd~ng on the Company
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
Th~s Power of Attomey Is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993
by the Board of D~rsctors oftbe Company
RESOLVED That the President, an Executive Vics President or any Sen~or or Group Vice President of the Corporsbon may, from brae
to bme, appaint by wntten csrt~ficates Attorneys-m Fact to act m behalf of the Corporation in the execution of pol~ctes of insurance, bonds,
undertakings and other obligatory instruments of bke nature Such Afforney-~n Fact subject to the hmitat~ons set forth in their respective
csrtiitcates of authonty, shall have full power to bind the Corporation by therr signature and exeoubon of any such instrument and to attach
the seal of the Corporehon thereto The President, an Executive Vice President, any Semor or Group Vice PrssJdent or the Board of Dlrsctors
may at any time revoke all power and authonty prewously gh'en to any Attomey-in-Fact '
This Power of Attorney is s~gned and sealed by facsimile under and by the authority of tbs following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993
"RESOLVED Tilat the s~gnature of the Premdent, an Executive Vice Pres~dect or any Sen~or or Group Vics President and the seal of the
Corporst~on may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on
February 17, 1993 and the s~gnature of a Secretary or an Assistant Secretary and the seal oftbe Corporation may be affixed by facsimile to
any oertlitcata of any such power and any power or certificate beanng suoh facsimile signature and seal shall be vahd and binding on the
Corporation Any such power so executed and sealed and csrt~fied by cerbficste so executed and sealed, shall with respect to any bond or
undertaking to which ~t is attached continue to be valid and b~nd~ng on the Corporation
X{ Oi'.ll. CERTIFICATE OF INSURANCE x 10/1/96
THIS CERTIFICATE IS ISSUED AS A MA'rTER OF INFORMATION
Lockton Companies ONLY AND CONFERS NO RIGHTS UPON THE C~:FI'IFICAT~
HOLDER THIS CERTIFICATE DOES NOT AMEND E~'TEND OR
ALTER THE cOVERAGE AFFORDED BY THE POUCIES BELOW
1 Cityplace Drive, Su~_te 160
St Louis, MO 63141 COMPANIES AFFORDING COVERAGE
314-432-0500 A Liberty Hutual Fire Insurance
, s Liberty Insurance Corp
Insltuform Texark, Inc I eOM.Am'
17988 Edison Avenue C
Chesterfield, MO 63005
COVERAGES
THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO T~E INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NO'P~VITHETANDINS ANY REQUIREMENT 'i~RM OR COND~ON OF ANY CONTT~ACT OR OTHER DOCUMENT W~ RESPECT TO WHICH THIS
~.~m~ , G~.~ ^o~^~ ' 2. 000. 000
~ =o.~.=,~..~u~.u~ RG2-641-004218-036 T 7/01/96 7/01/97 -~u=~ oo.P~.^~ , 2.000.000
A
l,O00,O00
' I I:~s~ X~occu. Blkt Additional Insured
,__.ow.~co.?..CYo. s~Tl Btkt Waiver of Subro ' ~:.~:u..~.c~ ,, 1.000.000
X', AGG PER PROJECT Broad Form PD/Contraotual ..~ ~^~ l^.. .. ,,,., , 100,000
X, XCU Independent Contracto~ .~=~.~.~o-~-., , 10,000
A ~ y,,'.~^u~o AS2-641-004218-026 7/01/96 7/01/97 I ], 1,ooo,ooo
.__~.~oww~^~o, Blkt Additional Insured
I
UMS~U~
B
! ~., ~.m~o~ ,~l.m ,.c~ WC7-641-004218-016 7/01/96 7/01/97 l o,.~s, mucYu.. ! ,1.000,000
.~.~x,cw~ ~ Blkt Waiver of Subro lm,=~[ ~.c.~.~o~[ ~1~000~000
i I
BZD NO 1940 - C~ZSBO~N T~ SA~ITAR~ S~WgR (HO~CA~O)~OUS~ON B~ACg
9013 ~ex~s Street ~~~X~~X
De~to~, ~exas 76201
ACOF rZ ' ' ' '
i;IABiMTY INttiUi~,ANCE
· oo~l~ I ~Hl~ ~IRTI;I~ATE iS 1~gUED AB A MA~ER OF IN~RMA~
ONLY AN~ CONFER6 NO RIGH~ U~N ~E CERTIRCATE
HOLDER THiS CERTIFICATE DOE~ NOT AMEND, EXTEND OR
~cCollum, ~11ec ~ ~elace ALTER THE_~OVERAQ~ AF,~D~ED BY THE POLI~IE~ BELOW~
2221 ~b ~= B1v~ COMPANI~ A~p~O~_~a COV~RA~
~u~te 500 c~,,~ Pe~sutance ~sual~7 Co
Acl~n9~, ~X 76~6 A
B
P O ~x 40328 c
~C ~rCh, ~X 761~0328
D
EXCLU~IOfiS AND ~DIT~N~ O; 9UGH ~8 LIMITS 6~OWN ~Y HAV~ BEEN REDUCED BY PAiD C~IM8
~ ', C~,~M,O~ ~ : ~. "'""°~'"~v'~_~L _ _ - -[
A m~v.~ ~ ~42-1115~91 I 9-10-96 9-10-97 ~ ~,,c.~cc,o,~ l s
~o~ec~: Bid ~1931 - Replace ~a~ltne - ~oc~hlre, ~n~on, ~X
215 I ~cKtnn~ ~
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
JOHN A MILLER 8, ASSOCIATES INC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P O BOX7214 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
FORT WORTH TX 76111-O214 COMPANIES AFFORDING COVERAGE
PHONE (817)834-7111 FAX. (817)834-7115 COMPANY
A MARYLAND LLOYDS
INSURED WILLIAM J SCHULTZ, INC DBA COMPANY
B NORTHERN INSURANCE COMPANY OF NEW YORK
CIRCLE"C" CONSTRUCTION COMPANY, ET AL
P O BOX 40328 COMPANY
FORT WORTH, TX 76140 C
COMPANY
~ D
THID IS TO CERTIFY THAT THE POLIC~EB OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INBURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS
CERTIFICATE MAY BE IBSUED OR MAY PERTAIN THE [NSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDIT~ONE OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY pAID CLAIMS
CO POLISY EFFECTIVE POLICY EXPIRATION LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER DATE {MM/DDrt'Y) DATE (MM/DD/YY)
GENERAL LIABILITY GENEP, ALAGGREGATE , $ 2,000,000
A X COMMERCtALGENERALLIABILITY PRODUCTS COMP/OPAGG $ 2~0001000
I CLaiMS UAOE r x~ occur EPA 22992722 08/12/96 08/12/97 PERSONAL & ADV tNJURY $ 110001000
~ OWNER S & CONTRACTOR S PROT EACH OCCURRENCE $ 1~0001000
X INCLUDES CG2503 FIREDAMAGE (Any one flre) $ 50,000_
(PER PROJECT END ) MED EXP (Anyone person) $ 5~000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,00o,000
B X ANYAUTO
~.LL OWNED AUTOS ~ODILY iNJURY
-- WAA 22992797 08/12/96 08/12/97 (Per person)
SCHEDULED AUTOS
~- H~RED AUTOS BODILY INJURY
~X NON OWNEDAUTOB (Per&¢cldent)
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $ 5~000~000
B X~ UMBRELLA FORM UBA 85873397 08/12/96 08/12/97 kGGREGATE $ 51000~000
OTHER THAN UMBRELLA FORM $
EMPLOyERs LIABILITY ~L EACH ACCIDENT $
OFFICERSARE EXCL ELDISEASE EA EMPLOYEE $
OTHER
PROJECT BID #1931 * REPLACE WATERLINE - YORKSHIRE, DENTON, TX
215 E MCKINNEY ST 30 DAYS WRITTEN NOTICETO THE (IBRTIEiCATE HOLDER NAMED TO THE LEFT
CONTKACT AGKEEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 17 day of
SEPTEMBER A~D., 19 96 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
JAGOE PUBLIC COMPANY
3020 FT WORTH DRIVE / P.O. BOX 250
DENTON, TEXAS 76202
of the City of DENTON, 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 thc bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT
in the amount of $326,141.00 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, 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,
CA - i
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGINEERING STAFF
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Indeoendent 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.
de
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 ~eason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the timu
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 written
ATTEST:
~ ~ ~ 3AGOE PUBLIC COMPANY
/ CONTRACTOR
MAILING ADDRESS
FAX ~R
TITLE
PRINTED NAME
AS TO FORM:/ (SEAL)
APPROVED
City-Att~rndy
AAA0184D
Rev. 07/28/94
CA - 3
Bond No. 325233
PEKFOKMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS' That JAGOE PUBLIC COMPANY
, of the City of DENTON
County of DENTON , and State of TEXAS
as PRINCIPAL, and O~ABOARD SURETY COMPANY
, 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
as OWNER, in the penal sum of THREE HUNDRED TWENTY SIX THOUSAND ONE
HUNDRED FORTY ONE AND 00/100 Dollars ($ 326,141 00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and asszgns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 17 day of SEPTEMBER ,
19 96 , for the construction of BID # 1941 - HOUSTON PLACE SANITARY SEWER
AND WATERLINE REPLACEMENT
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform sa~d Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisIons of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabllitles on this bond shall be
determined in accordance with sald provisions to the same extent as
if they were copied at length herein.
PB - i
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the sams, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this Instrument this 4th day of October ,
19 96.
~/~'-/~t~-~O~ SEABOARD SURETY COMPANY
Principal -- Surety
~/[C~-~ /) . I ' [. RosemaryIweaver --
Title {-//~,',,J.~z,,~~-- Title Attorney-in-Fact
Address: / ~ ~-~ Address: Burnt ~]lls Road& Route 206
~"~C~,., '-~-~ ~ Bedmlnster~ NJ 07921
(SEAL)
The name and address of the Resident Agent of Surety is:
Will~s Corpoon Corpopat~on of Texas
13355 Noel Road, Suite ~00, Dallas, Texas 752~0-6612
NOTE: Date of Bond must not be prior to date of Contract.
A~0184D
Rev. 07/28/94
PB - 2
Bond No. 325233
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY
of the City of DENTON
County of DBNTON , and the State of TEXAS
as principal, and SEABOARD SURETY COMPANY
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITY OF DENTON , OWNER, in the penal sum of
~HREE HUNDRED TWENTY SIX THOUSAND ONE HUNDRED FORTY ONE and 00/100
Dollars ($ 326,141 00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the I7 day of SEPTEMBER
19 96
BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLIhE REPLACEMENT
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if cop~ed at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were cop~ed at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time. alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or additi6n to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 4th day of October
19 96 .
(~0~ /~ ~L ~(--OW~3~ SEABOARD SURETY COMPANY
Pr ~nc~pal~ Surety
~ ~ /1 ,/[" ~osemary ~eaver
Tltle ~ ~ ~ /~ ~ ~ ~ Title. Attorney-in-Fact
Address: ~ O ~ ~O Ad.ess: Burnt M~lls Road & Route 206
(S AL) (SEAL)
The name and address of the Resident Agent of Surety ~s:
Willis Corroon Corporation of Texas
lqq55 Noel Ro~d-
AAAO184D
Rev 07/28/94
PB - 4
Bond O. 325233
MAINT NANC BOND
THE STATE OF TEXAS
COUNTY OF DENTON
JAGOE PUBLIC COMPANY
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and ~Bn~D ~H~Y nn~Y
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of THIRTY TWO THOUSAND SIX HUNDRED FOURTEEN and 10/100
Dollars ($ 32.614 10 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, Jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said JAGOE PUBLIC COMPANY
has thls day entered into a written contract with the said City
of Denton to build and construct BID # 1941 - HOUSTON PLACE SANITARY
SEWER AND WATERLINE REPLACEMENT
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the city Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part 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 ~herein contracted to be done and performed for a
per~od of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated bysa~d contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by sa~d Contractor, and in oase
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work an
accordance with said contract end supply such materials end charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect~ otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maIntenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said Jagoe-?ubllc Company
as Contractor and Principal, has caused these presents to be
executed by Bill Cheek. Jr
and the said Seaboard Suret~ Company
as surety, has caused these presents to be executed by its
Attorney-in-Fact Rosemary Weaver
and the said Attorney-in-Fact has hereunto set his hand th~s ~h
day of October , 19 96 .
SURETY: PRINCIPAL:
Rosemar~ Weaver
Attorney-~n-Fact
AAA0184D
Rev 07/28/94
MB - 2
For verification of the authen~lty of this Power of Attomey you may call collect 908-658-3500 and ask for the Power of Attorney clerk Please refer to the Power
of Attomey number, the above named Individual(s) and details of the bond to which the power s attached Ii1 New York,-Dial 212-627---.4 ~.~
Ill~ORTANTNOTIC£
TO OBTAZN ZNFORI4ATJ:ON OR HAKE A COHPLAZNT:
YOU HAY CONTACT 1TIE TEXAS DEPARTHENT OF
TNSURANCE TO OBT_~TN ZNFORI4ATZON ON COI4)ANZES,
COVERAGI=g, R/Ghi~ OR COI~LAZNTS AT:
1-800-252-3439
YOU HAY MRTTE THE TEXAS DEPARTHENT OF TNSURANCE:
P. 0. Box 149104
AUSTIN, TX 78714-9104
FAX t(512) 475-1771
PRENIUI! OR CL.AIH DISPUTES:
SitOULD YOU HAVE A DZSPUTE CONCERNING YOUR
PRE~4ZUN OR ABOUT A CLAZI4 YOU SHOULD CONTACT THE
AGENT OR COI4PANY FZRST. IF THE DISPUTE IS NOT
RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTNENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
Tazs ~OnCE ZS ~n ZN~O~rZO~ OSCV A~
BECOME A PART OR COI~IHON OF THE
~M A ~P~lES AFFORDING ~VE~E
PO~ ~ o~ D
MAY BE ~UED ~ ~Y ~N, ~E IN~U~GB ~R~D BY ~B ~Cl~ D~ORI~D HE~IN I~ 8U~EOT TO ~ ~E ~M~,
AND ~N~ DF ~H POU~ UM~ ~H~ ~Y HAVE ~N R~ ~ FAD ~MO
~. ~, B~ FN~flE ~ MNL ~UCH N~OE 8H~ IM~ NO OBU~ OR
0~01 ~[; LIS I qH~ DNI] ~ ~H~VH 61 Il (~H~)96,0l- ~00
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B~dder's attention is directed to the insurance requirements below It Is h,ghly
recommended that b~dders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the ava,labd,ty of insurance certificates and
endorsements as prescribed and provided herein If an apparent Iow bidder fads 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 th~s contract
STANDARD PROVISIONS:
W~thout hm~tmg any of the other obhgat~ons or habd~t~es of the Contractor, the
Contractor shall prowde and maintain untd the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the minimum insurance coverage as
md~cated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of insurance, 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 ~nsurance requirements may not be modified or wawed after b~d
opening unless a written exception has been submitted w~th the b~d Contractor shall
not commence any work or deliver any materml until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All ~nsurance pohc~es proposed or obtained m satisfaction of these requirements shall
comply w~th the following general specifications, and shall be maintained ~n
comphance w~th these general specifications throughout the duration of the Contract,
or longer, ~f so noted
· Each pohcy shall be ~ssued by a company authorized to do business m the
State of Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared m the b~d
proposal If requested by the C~ty, the insurer shall reduce or eliminate
such deductibles or self-insured retentions w~th respect to the C~ty, ~ts
AAAO0350
1
REVISED 10/12/94 (~l
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
· L~ab~hty policies shell be endorsed to prowde the following'
· ® Name as additional insured the City of Denton, its 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 ~nsurance applies separately to each insured against whom
claim is made or suit is brought The inclusion of more than one
~nsured shall not operate to increase the ~nsurer's limit of hab~hty
· All pohcms shall be endorsed to provide thirty(30) days prior written norm·
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, without 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 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 included in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liab~hty Insurance
· Should any required insurance lapse during the contract term, requests for
payments or~ginat~ng after such lapse shall not be processed until the CIW
receives satisfactory evidence 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 this agreement effective on the date of
the lapse,
AAA00350
REVISED 10112/~4 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance pohcms proposed or obtained ~n satisfaction of th~s Contract shall
additionally comply with the following marked specifications, and shall be maintained
~n comphance w~th these additional specifications throughout the duration of the
Contract, or longer, ~f so noted
[X] A General Llab[hty Insurance'
General L~ab~hty insurance w~th combined s~ngle hm~ts of not less than
1,000,000 shall be prowded and maintained by the contractor The
pohcy shall be written on an occurrence bas~s e~ther ~n a s~ngle pohcy or ~n
a combination of underlying and umbrella or excess pohc~es
If the Commercial General L~ab~hty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall include premmes, operations, products, and
completed operations, independent contractors, contractual hab~hty
covering th~s contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General L~ab~hty form (ISO Form GL 0002 Current
Ed~tion and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
· Bodily ~njury and Property Damage L~ab~hty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual hab~hty (preferably by endorsement)
covering th~s contract, personal ~njury hab~hty and broad form
property damage habd~ty
AAA00350
REVISED 1OI12194 Gl - 3
Insurance Requirements
Page 4
[X] Automobile Llab,l,ty Insurance'
Contractor shall prowde Commercial Automobde L~ab~hty insurance w~th
Combined Single L~m~ts (CSL) of not less than 600,000 e~ther m a single
pohcy or m a combination of basic and umbreJla or excess pohcms The pohcy
w~ll include bodily injury and property damage hab~hty arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
m conjunction w~th th~s contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which, ~n addition to meeting the minimum statutory requirements for ~ssuance
of such insurance, has Employer's L~ablhty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy hm~t for
occupational d~sease The C~ty need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all r~ghts of subrogation against the C~ty,
~ts officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or constructmn projects, the
Contractor shall comply w~th the prows~ons of Attachment 1 m accordance
w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective L,ab,l,ty Insurance
The Contractor shall obtain, pay for and maintain at all t~mes during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liablhty ~nsurance pohcy naming the C~ty as ~nsured for property
damage and bodily ~njury which may ar~se ~n the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAA00350
REVISED 10112/94 Gl - 4
Insurance Requirements
Page 5
"occurrence" bas~s, and the policy shall be ~ssued by the same ~nsurance
company that carries the contractor's liab~l~ty ~nsurance Policy llm~ts will be
at least combined bodily Injury and property damage per
occurrence w~th a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required ~f Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a port~on of a
City bu;Idmg. Lim~ts of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with I~m~ts not less than per claim
w~th respect to negligent acts, errors or omiss,ons in 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 ~nctude as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an individual bas~s for extra hazardous
contracts and specific serwce agreements If such additional insurance ~s
required for a specific contract, that requirement w~ll be descnbed ~n the
"Specific Conditions" of the contract specifications
AAA00350
.EV~SED ~0/~2/~4 CI - 5
Insurance Requirements
Page 6
ATTACHMENT I
[X] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Ent~tms
A Deflmt~ons
Certificate of coverage ("cert~flcate")-A copy of a certificate of insurance,
a certificate of authority to self-insure ~ssued by the commms~on, or a
coverage agreement (TWCC-81, TVVCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or ent~ty's employees prowdmg serwces on a project, for the
duratmn of the project
Duration of the proJect- includes the t~me from the begmmng of the work
on the proJect untd the contractor's/person's work on the proJect has been
completed and accepted by the governmental entity
Persons prowdmg serwces on the proJect ("subcontractor" ~n §406 096) -
includes all persons or ent~t~es 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 This 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 furnmhes persons to prowde serwces on the project
"Serwces" include, w~thout hm~tat~on, prowdmg, hauhng, or dehvermg
equipment or materials, or prowdmg labor, transportation, or other serwce
related to a project "Serwces" does not ~nclude actw~ties unrelated to the
proJect, such as food/beverage vendors, ofhce supply deiwer~es, 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
AAA003E0
REVISED 10112/94 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 dunng 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 provide to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work on the
project, so the governmental entity wdl have on file certificates of
coverage showing coverage for all persons providing services on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
penod 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 writing by certified
mall or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the prowmon of
coverage of any person prowdtng serwces on the project.
H The contractor shall post on each project site a not~ce, ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
~nform~ng all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AAA00350
7
REVISED 10/12/94 f~l
Insurance Requirements
Page 8
The contractor shall contractually require each person w~th whom ~t
contracts to provide services on a project, to
(1) prowde coverage, based on proper reporting of classification codes
and payroll amounts and flhng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of ~ts employees prowdlng services on the project,
for the duration of the project,
(2) prowde to the contractor, prior to that person begmmng work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing serwces on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage per~od, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project,
(4) obtain from each other person with whom ~t contracts, and prowde to
the contractor
(a) a certificate of coverage, prior to the other person beginning
work on the project, and
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 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 writing by certified mall or personal
delivery, w~thm 10 days after the person knew or should have known,
of any change that mater~ally affects the provis~on of coverage of any
person providing services on the project, and
AAA00350
REVISED ~0n2/9¢ CI - 8
Insurance Requirements
Page 9
(7) contractually require each person w~th whom it 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 s~gmng this contract or prowdlng or causing to be provided a certificate
of coverage, the contractor ~s representing to the governmental entity that
all employees of the contractor who will provide services on the project w~ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage w~ll be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements w~ll be filed
w~th the appropriate insurance carrier or, ~n the case of a self-insured, with
the commission's Division of Self-Insurance Regulation Providing false or
misleading reformation may subject the contractor to adm,mstrat~ve
penalties, criminal penaltms, civil penalties, or other civil actions.
K The contractor's failure to comply with ,any of these provisions is a breach
of contract by the contractor which ehtltles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
w~th~n ten days after receipt of notice of b'reach from the governmental
entity.
AAA00350
REVISED 10/12/94 CI - 9
BID SUMMARY
In the event of the award of a contract to the undersigned, the
undersigned wlll 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 f~nal completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It ~s 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 satlsfactlon of the Engineer.
The undersigned certifies that the b~d prices contained ~n th~s
proposal have been carefully checked and are submitted as correct
and flnal.
Unit and lump-sum prices as shown for each item listed ~n th~s
proposal, shall control over extenslons.
CONT~__
C~ty and State
Seal & Authorization
(If a Corporatlon) ~/?./~
Telephone
B - 1
WORK DAYS RID NO
BID TABULATION SHEET
1 21 contractors WarrantLes & - LS
Understandings
2 12-A I 6" Sani=ary Sewer ~ 35
2 12-B I 8" Sanitary Sewer 562
Unit Prxce in Words
Unit Price ~n Words
4 5 Flex Base 6" 2,420 SY $
3 1 Preparation of LS
Right-of-Way
Unit Price in Words
3 12 Temporary Erosion Control
3-A Remove Concrete Pavement 89 SY $ ~/SY $
Unit PrLce in Words
3-C Orzve Remove Concrete Walks & 63 I S* 15 ~c~/SY I$ ~7~
5 8-A Concrete Pavement 89 SY $ ~/SY I $
Unit Price in Words
P 3
WORK DAYS 30
BID NO 1941
~ouston P%ace Sanitary Sewer Reolacement PO NO
BID TABULATION SHEET
Unit Price ~n Words
7.6-B I 5' Manhole
Unit Price in Words
7 6-C ~ 4' Manhole I EA
8 1 ~ Barricade, Warning Signs - LS $ /,~LS
and Detours
Unit PrLce in Words
SP-2 Concrete Saw Cu~ 340 LF $ ~/LF
Unit Price ~n Words
SP-8 Manhole 2 EA $
Unit PrLce in Words
SP-iO Rock Excavation 50 CY $
Unit Price in Words
SP-37 Excavation Protectlon 1,307 LF $ /o~/LF $ ~,~7~
Unit Price Ln Words.
SP-40-A Cut & Plug SanLtary Sewer 7 EA $
UnLt Price in Words
SP-46 [Misc Sprlnkler system - LS
AdJus=ment
P - 4
WORK DAYS 3O --
BID NO
Houston Place Sanitary Sewer ReDlacement PO NO
BID TABULATION SHEET
ewer Servmce (Public) ~ 35 EA $ ~O~)O6~_/EA
Unit Prlce in Words ~FUJ~W~ ~/~W
Unmt Price in Words
WS-30-A Into Exlstlng 2 EA $ ~EA $
Manhole
Unlt Price ~n Words
WS-30-B Break Into Existing 1 $ ~O /EA $
Manhole Rebumld Invert
Unit Price in Words
SP-43 ~ Asphalt Saw Cut 3381 $ /~ /LF $ ~
Unit Prmce mn Words
Total Price in Words ¢~g/nnP~ ~m~-/~~
P - 5
Houston Place Waterline RePlacement WORK DAYS 50
EIb -Tg-4J
PO NO
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
1 21 Contractors Warranties & LS $ ~, ~_~O--C~/LS $
Understandings
Unit Price in Words
2 12-D 6" Waterline 3 221 ~°-_~/LF
Unit Price ~n Words
2 12-8 Ductile Iron Fittings 1,040 $ /_6)/LB $
Unlt Price ~n Words
2 13 1 I 6" Gate Valve 7 EA I $ ~/EA $ ~,~OO~
Unit Price in Words ,~~ ~ ~ ~
2 14 Fire Hydrant 6 EA $ / ~OO~D/EA $
Unlt Prlce in Words ~;~/~f~ ~/.~ ~~6
2 16-A Water Service (P~llc) 35 EA $ ~/EA $
Unlt Price in Words ~ ~/~ Dd~/~
unit Price in Words
2 16-C 2" Water Service 10 ' EA / $ ~c'~ lEA $
Unit Price ~n Words
2 16-D Water Service (Private)
Unit Price in Words
3 1 Preparat ~on/R~ght- of- Way
Unit Price ~n Words
3 12 I Temporary Erosion Control
Unlt Price mn Words ~:
3-A Remove Concrete Pavement ~ 70 $ 7 ~/SY $ ~/~
Unit Price in Words ~ L
Houston Place Waterline Reolacement WORK DAYS 50
PO NO
BID TABULATION SHEET
ITeM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
3-B Concrete Curb & 10 LF $ Gutter
Unit Price in Words
3-c Concrete Walks & 11 SY $ 7 ~.?/sY 7~7o~
Drive
Unlt Price in Words ~-~.)~
3 9 I Sod ~{~ 280 SY $
Unit Price in Words ~S
5 8-A Concrete Pavement 70 SY $ 30~_/SY $
Unit Price in Words
8 1 Warning Signs LS $ and Detours
Unit Price ~n Words
8 2-A Concrete Curb & Gutter I 10 LF
Unit Price in Words I /~-F~ D~5
8 3-B Concrete Driveway 11 SY
Unit Prlce in Words
SP-2 Concrete Saw Cut 136 LF $ ~/LF $
Unit Price in Words /
SP-10 Rock Excavation 50 CY $ ~5~/CY
Unit Price in Words
SP-37 Excavatlon Protection 325 LF $ /c~3/LF $
Unit Price in Words
SP-39 Pro] ect Signs 2 EA $
Unit Price in Words
SP-40-B Cut & Plug Existing ~;Zd~O
Waterline
P - 7
WORK DAYS 50__
BID NO
Houston Place Waterline ReDlacement PO NO
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
SP-42 Remove Valve Stack 10 EA $
Unit Price in Words
SP-43 I Asphalt Saw Cut 5518 LF I $ /°--~/LF $ ~,~/~(~__
Unit Price in Words /
SP-44 Remove Fire Hydrant 3 EA $
Unit Price ~n Words
SP-46 Mlsc Sprinkler System LS $ ~~O~_/LS $
Adjustment
Unit Prmce mn Words
Total Price in Words
P - 8
BID SUMMARY
DESC~XPTZO~ WOrK DAYS
Waterline Relocations 50
Sanitary Sewer Relocations 30
· o~ ~o
The water and sewer portions of this project are being separated
for bookkeeping purposes only Award of the bid will be based on
the total bid. Eighty (80) work days will be allotted for the
total project and will not be kept separately for each portion
B - 2
T~IS AGRE~ERT, made and entered into ~h~s 17 day of
SEPT~mER A.0., 19 96 , by and between
of ~e Cowry of D~N ~d State of Texas, ac=lng
~ermun=o duly au~orized so =o do, hereinafter ~e~ed "0~," and
DBR ~NS~UCTION
P.O. ~X 828
D~N~ 'r~ 76202
Of the City of DENTON , County of DENTON
and State of TEXAS , hereinafter
termed "CONTRACTOR. #
WITNESSETH: That for and in consideration of ~he payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in th= bonds attached
hereto, C0~TRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
Bxo # 1942 - CO~NXT~ SXD~m~S - E~S? S~D~- OF SOL~VA~ ST~.T
in the amount of ~38~s25.0o and all ex~ra work in
connection therewith, under the terms as state-] in the General
Conditions of =he agreement~ and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and o~hsr
accessories and services necessary to complete the work specified
above, in accordance with the condit~ons and prices stated in =ha
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Speclal ConditLons, the Notice =o
Bidders (Advertisement for Bids), InstructLons 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 drawlngs and printed or writ=an explana=c~-
mat=er ~hereof, and =he Specifications therefore, as 9r~par~d
CI~ OF D~N ~G D~a~
all of which are made a 9ar= hereof and collectively evidence
constitute ~e entire con=ra~.
Independent Status
It is mutually ~ders~ood ~ a~me4 ~ ~4 baleen City and
Contractor ~at Con.actor is ~ ~depend~= con.ac=or and shall
not be de~md ~o be or consid~md ~ ~ployee of ~e
Den=on, Texas, for ~m p~oses of ~come =~, wiehholding,
sec~ity ~xes, vacation C°ri~y si~ leave b~eftts, work~' s
compensation, or any o~er ~ployee b~ef!=. City shall
have supe~ision and =on~ol of ConVeYor or ~y ~ployee of
Contractor, and it is e~rmssly ~d~s=ood ~at Con. actor shall
perfo~ the semites herm~d~ according ~o ~e
specifications at ~e general direction of ~e City Manag~ of ~e
City of Denton, Texas, or his desi~ee ~d~ ~is
Contractor shall and does h~eby a~ee =o ~d~ify ~d hold
hapless ~e City of Den=on fr~ ~y ~d all d~ges, loss,
liability of any kind whatsoev~, ~ Feason of ~j~ =o ~rope~y
or ~ird persons occasioned ~ ~y ~o=. omLssion or negligmn=
of Con.actor, its offices, agents, ~U~oyees, ~vitees, ~d
persons for whom i~ ~s legally li~e, wi~ raged
perfo~ancm of ~Ls A~mement, ~d ConVeYor wLll, a= its cost and
e~mnse, defend and protm~ ~e City of Denton aga~st any ~d all
such claims ~d demands.
Choice of Law and Venue
This a~m~ent shall be governed by ~e law of ~e State of
Texas and venue for i~s const~ion ~d enforc~ent shall lie in
the co~s of Denton Co~=y, Texas.
The C0~OR hereby a~ees ~o commence work on or after
date ~tablished for ~e sta~ of work as set fo~ ~ ~i~ten
not~ce =o co~encm work and complete all work wi~ ~m
stated in ~e Proposal, subject to su~ ~ensions of =~e as
provided by ~e General and Special Conditions.
The 0~ a~mes ~o pay ~e CO~OR ~ =mn= f~ds
price or prices sho~ ~ ~e Proposal, which fo~ a pa~ of
contract, such pa~en=s =o be s~Je~ =o ~e General ~d Special
Conditions of ~e
IN WITNESS WHF. REOF, the par~les of these prmsen=s ha' a
execu=ed Chis agreemen= in the year and day, flrs= above wrl='.an
ATTEST:
ATTEST:
CONT~TO~
~LING ~D~SS
PHONE ~
TITLE
PRINT~ N~
APPROVED AS TO FOP~M: (SEAL)
ClOy Attorney ~
AAA0184D
Rev. 07/28/94
BID SUMMARY
TOTAL BID PRICE IN WORDS Thirty Eight Thousand Eight Hundred Twenty
Five Dollars and Fifty Cents
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
~he terms and provisions of the contract, to ~nsure and guarantee
the work untll final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished In accordance with the
plans and specifications, to the satisfaction of the Engineer
The undersigned oertlfzes that the bid prices contamned in this
proposal have been carefully checked and are submitted as correct
and final.
Unlt and lump-sum prices as c~hown for each item listed in th~s
proposal, shall control over extensions
DBR Construction Co~y~ Inc
CONTRACTOR /~'
Don Richards/President
P 0 Box 828
Street Address
Denton,TX 76202
Clty and State
Seal & Authorization
(If a Corporation) 817/383-3007
Telephone
B - 1
WORK DAYS 15
BID NO l~4Z
Community $%dew~lks-East S~de of 8olivar Strset PO NO
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOT~
3-C Walks and Drives 963 SY 9 00/SY $ 8,667 00
Unit Pries in Words. Nine Dollars
3 1 Preparataon of -- LS $ 1,765 0~s $ 1,765 00
Right-of-Way
Unit Prace in Words
Seventeen Hundred Sixty Five Dollars
3 10 7 Hydromulch 460 1 00 /SY $ 460 0(
Unlt Price in Words
One Dollar
3 12 Temporary Erosion Control -- L$ $ 50 00/LS I $ 50 00
Unit Price in Words Fifty Dollars
Unat Price an Words Five Hundred Dollars
Unit Przce in Words Twenty Seven Dollars
1 21 Contractors Warrantzes -- LS $ 1,765 00
and Uuderstand~ngs
Unat Prace in Words
~eventeen Hundred Sixty Five Dollars
1 EA $ 200 0~EAI$ 200 oo
sP-39
Project
sign
unit Price in Words Two Hundred Dollars
3-B I Remove Curb and Gutter 63 $ 10 00/LF $ 630
Unit Prace in Words
Ten Dollars
3 3 I Unclassified Excavation 10 CY $ 10 00/cY 100 0f
Unit Prate ~n Words Ten Dollars
8 2-A I Concrete Curb and Gutter 10 LF $ i0 00/LF $ 100 0(
Unit Price ~n words~
Ten Dollars
P ~
WORK DAYS 15
BID NO 194Z
Community S~¢ewalks--East S~de of Bolivar Street PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QU~ITY MIT MIT PRICE TOT~
SP-2 Concrete Sawcut 634 LF $ 2 00 /LF $ ~,268 00
Unit Price in Words~
~o Dollars
8 3-S I 6" C°ncrete $1dswalkwith(steelRe~nforcementand Fibermesh) 185 / SY I $ 31 50 /$Y t $ 5'827 5(
Unit Price in Words
~irty One Dollars and Fifty Cents
Unit Price an Words
Five Dollars
Unit Price in Words
I Total $ 38,825 50
Total Price in Words Thirty Eight ~ousand Eight Hundred ~enty
FiVe Dollars and Fifty Cents
P - 4
NIVERSITY DR
SUNSET ~ 1",,,~00'
N
THIRD GROVE
ESCENT
CDLLEGE
PIRTLE
ilI SCHMITZ
WITHERS
PARKWAY
PEARL
M ~KINNEY
FSR~O~NCS BOND
FINAL CONTRACT PRICE
STATE OF T~S ~ BOND NO 7~1090
~0~ O~ ~TON ~ BOND EXECUTED IN FOUR (4) ORIGINALS
~OW ~ ~ BY ~E P~S~S~ Tha= D~R
, of ~e City of _ D~
Co~ty of D~N ~ ., ~d Stat~ of __ ~ -
as PMINCIP~, ~d C~%0L INDE~I~ CORPO~TION
, as ~=Y, au~oriz~d ~der
hold ~d fi~y bo~d ~to ~e __ ~ ci~ OF D~N
~eir heirs, a~inis~ators, ~e~ors, sucue~sors and asmi~s,
~S, ~e p=~cipal has
contrac~ wl~ ~a 0~, dated ~e 17 . day of ~" ,
whi~ =on~a~ is hereby relied
fully ~d ~o ~e s~e ~t as if ~0~te~ at len~ her~in.
obligat~on shall be void; o~i~m
If ~y we=~ copiad a~ len~ her~in.
~e con~ac=~ or ~O ~a WOrA parroted ~are~uc~,
spec~fications, or ~avings accompany~g ~a s~a, shall
affect ~ts obligation on ~is bond, ~d it does h~Y ~aive
of ~ such ~anaa~ e~snsion of t~ altoration or addition
~e ~e~s of ~e con~acC, o= to ~e work to ba
~erm~der.
IN WI~ESS ~EoF, ~a said Principal and S~ety hays
and sealed ~is inst~en= ~s 25th day of __ S~p~ember
19 96 ·
CAPITOL INDE~ITY CORPO~TION
D~R CONSTRUCTION C0 ~ ~NC
T~tle A= to,?ay-in-Fact
Title P~esident ,. , __ · ......
P O Box 5900
Address:_ P O. Box 828 Address:_
Denton, Texas 76202 Madison,,,·, Wisconsin 53705-0900
The nam~ tn~ &~dr~-~ of ~a ~esid~n~ Agent ~ suro~y is:
¥ R Damiano. Jr.
17774 Preston Road, Dallas, TX 75252
NOTE: Date of Bond must not be prior to data of Contract.
kA~O184D
~tev. 07/:8/94
~B - 2
BOND PREMIUM BASED ON
~A~m~w BO~D FINAL CONTRACT PRICE
-~TAT~- OF TEXA~ $ BOND NO 711090
COU1TTY OF 0]~TON S BOND EXECUTED IN FOUR (4) ORIGINALS
K~OW A?,~. ~ ~¥ THESE PRESENTS: That
County of D~ _, ~ ~e SCats of ..
as pr&n=ipal, ~d ¢~PITOL I~DE~ITY CORP0~TION
bon~s for pr~n=ipals, ars hal~ and f~]y bo~d ~to ,,
_ ~cz~ OFD~ , ~, ~ ~m penal s~ of
for ~e pa~en~ wh~eof, ~e said Pr~cipa~ ~d
and assi~s, JoWlly ~d say. ally, ~ ~ese
con=ra~ vl~ ~e 0~er~ dated ~m 17 ~y Of
BID ~ 1942 - CONMUNIT~ SIDEWa?X~ - EAST SIDE OF BOLIVAR STREET
~o which contract
~ull~ and ~o ~e s~e ~ent am If copied at len~ herein.
Now, ~FO~ ~
~a~ If ~e said Pr~=Apal shall pay all ols{m~ supplying l~or
and ~C~/al ~o
work provided for ~n said con~c~,
vo&d, o~Ise ~ r~in ~ full force ~d mffmc~;
PRO~D~, HO~, ~at ~is bond ~ ~e~ted ~su~t to
~e provisions of ~e T~as Govt.= Coda, ~a~ ~2~ (Ve~on,
as ~mntly ~endmd)
dm~ned ~ accordance wi~ said provisions =o ~m s~m m~an= as
If ~my ware copied
P~ - 3
~a~g~, ~ens~o~ of C~m, &lC~a~o~ or eddic&on co ~a c~. o~
~e con~act, or to ~o work p~fo~ ~ore~er,
affacC ~ts obligaCion on ~is bond, ~d it do~s h~y vaive notic~
of any such ~ange, e~ansion of t~e, alt~aCion or ad~ton
~a ta~ of ~l con~a~, or to ~a work to
~sre~der.
~ ~ESS ~EOF, ~e said Pr~cipal ~d S~ety have
signed ~d sealed ~is lns~en= ~is 25th. day of September
.
DBR ¢ONSTRUCTION CO.IINC CAPITOL INDEMNITY CORPORATION
Prtncipal~--~ Surety
~ Don Ri~aTds ...... y R. Zacharek
Ti~lg ~resident T~i~._ Att°rne~-inTF~ct
P.O Box 828 Ad~OS~: P 0 Box 5900
Denton, TX 76202 Madison, Wisconsin 53705-0900
The name and address of the Raslden= Agen= of Surety is:
V R. Damiano,,Jr.
1777~ Preston Road, Dallas, Texas 75252
AA~01840
Kev. 07/20/94
PB - 4
BOND NO 711090
THE STAT~ OF T~XAS $
BOND EXECUTED IN FOUR (4) ORIGINALS
C0UNT~ OF DENTO~ $
as Pr~ctpal, ~ CAPITOL I~ITY CORP0~TION
~ CO~o~i?fl ag~ortzed to do ~ess h ~e Stats of ~oxas, as
~ecy, ~o o~y a~ow~edga ~elv~ Co
a '~'nxas, 1~ nucuassors ~d a~ni~s, a~
Texas, ~e s~ Of, ~ ~U~a~ RIC~ ~D E~G~ ~ an~ 50/100-~
ollars ($~), ~ (10%) p~=~t of
~n con~a~ fo= ~e pa~t of whi~ s~ said pr~oipal ~d s~aty
do hereby b~d ~elves, ~e~ ~cc~sor~
~d sev~ally.
~is oblige=ton im conditioned, h~evar,
~s, said DBR
ha~ ~tS day ~ad ~o a ~ ~un~a;V w~ ~a said city
o~ Denton to ~ild ~d cons~ .plD~ 1942- ~I~ ~ID~ArX~-
_ ~T SIDE OF ~LI~ S~ET
~iC~ ~O9~ ~d ~a plus ~d apaciflca~ons ~are~ mentioned,
auoptea ~y ~e CI~ of Denton, ~s filed w~ ~o City Secrat~ of
said City ~d ~a h~ ~rmsaly ~co~orated h~m~ ~ reference
~d_made. a p~ h~aof as ~ough ~e s~e w~a ~it=~ ~d sa= ou~
l~ . ~, ~der ~a said plus, specifics=tons, ~d
c ~ provlaed ~at ~e Con~a~ will ~ ~d kocp in good
repa~ ~e work ~e~ c~ac~ to be done ~d p~o~ed for a
period of one (1) ye~ fr~ ~e ~t~ of accedence ~ereof ~d do
all ~ecessa~ he.filing ~at ~y b~come nece~a~
~erawt~ ~d do all necass~ wor~ t~d
defa~tve condition ~ow~g out of or ~i=~g
con~lon of ~e ~prov~=~ ~n~pla=od ~ said uon~or on
~~tng ~ ~=e or on accost of aprop~ ~cavatton
=~=~z&~ 1~ ~elng ~d~s~uod ~a~ ~a p~osa of
~ials, work. or l~or p~fo~d ~ said Con~a~r, ~d
~e said ConVeyor shall fail to rupee, r~cuns~ or
obligat~on, ~d said Con.ac=or ~d s~aty shall be '~Jo~
d~agas ~ 8a~d con.act for oa~ day's fa~l~8 on ~e ~a~ of sai~
Con.actor ~o comply w~ ~a t~ ~d ~rovis~ons of said
~d ~is bond.
NOW, ~0~, ~f ~a said Con.au=or ~a~l p~fo~
a~m~en= to ~ta~ said cons~ction ~d k~ep s~a ~ r~pa~
~e ~nt~nca par~od of one (1) ye~, ~ here~ ~d said con~a~
~rovided, ~mn ~Sa ~ras~ ~all ba null ~d void ~d have no
f~er effec=~ o~tse, to r~i~ ~ ful~ force ~d
IC l~ ~ a~ee~ ~at ~ obltga2ton ~all be
racov~i~ may be ~d h~eon for succ~siva breezes
condiCions h~a~ ~ov~ded ~il ~a ~11 ~o~ ~f ~is bond shall
obliqa~ion to main~a~ sa~d work shall cont~u9 ~oughou= Said
ma~nC~anco period, ~d ~8 s~e ~all no= be ~d, d~nishad,
or ~n ~y manna= elf ac=ad f=om ~y cause d~g said
~ ~S ~OF, ~a said ~ con~r~c~on co ,_
as Con~ractor ~d Principal, has ca. ed ~esa ~rasen~
exe~ted ~ Don Richards, President
· ~d ~ ~d __ Capitol ,Inde~ity Corporation
as s~mty, has causad ~e pr~s~=s =~ be ~a~=~d by
At~o~ey-~-Fac~ __ Kathy R Zacharek
and ~e said At=o~ay-~-Fac= ~as h~a~=o se= his h~d ~s 25th
day of September ~9 96
S~ ~ PRI~CIP~:
~athy R ,Zacharek ~on Rlc%rd~ -
A~=o~ey-l~-Fac= President
kev. 07/28/94
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, TX 78714-9104
FAX f(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.
A'I-rACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document
INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900
PHONE (608) 231 4450 · FAX (608) 231 2029
POWER OF ATTORNEY No 4 2 6 0
Know all men by these Presents That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of W~scons~n, having ~ts pnnc~pa offices ~n the C~ty of Madison, W~sconsm, does make, constitute and appoint
........... ¥ R DAM[ANO, J'R, JAMES V DAMtANO, SHANE A HUMPHP. F.Y, - ........................
............... CANDACE DAMIANO, KATHY R ZACHAP, EK, KENNETH ZACHAREK
~ts true and lawful Attorney(s) m-fact, to make, execute, seal and dehver for and on ~ts behalf, as surety, and as ~ts act
and deed, any and all bonds, unde~ak~ngs and contracts of suretyship, provided that no bond or unde~ak~ng or contract
of suretyship executed under th~s authority shall exceed ~n amount the sum of
............................................ NOT TO ~XC~D $5,000,000 00 ..............................................
Th~s Power of Attorney ~s granted and ~s signed and sea,ed by facsimile under and by the authority of the following
Resolution adopted by the Board of D~rectors of CAPITOL INDEMNITY CORPORATION at a meebng duly called and
held on the 5th day of May 1960
RESOLVED that the President and V~ce President the Secretary or Treasurer acbng ~ndw~dual~y or othe~se be and they hereby are granted
the power and authonzatmn to appoint by a Power of Attorney for the purposes only of executmp and atteshng bonds and unde~ak~ngs and other
Wrlhngs obhgatory m the nature thereof one or more resident wce presidents assistant secretaries and attorney(s) ~n fact each appointee to have
the powers and dubes usual to such offices to the bus~ness of th~s company the s~gnature of such ofhcers and seal of the Company may be afl,xed
to any such power of attorney or to any ce~flcate relabng thereto by facs~mde and any such power of attorney or ce~flcate beanng such facs~mde
s~gnatures or facs~mde seal shal[ be vahd and binding upon the Company and any such power so executed and ced~hed by facs~mde s~gnatures and
facs~mde seal shall be vahd and binding upon the Company ~n the future w~th respect to any bond or undedakmg or other wnbng obhgatory ~n the
nature thereof to which ~t ~s aaached Any such appointment may be revoked for cause or wrhout cause by any of sa~d ofhcers at any brae
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be s~gned by
~ts officer undersigned and ~ts corporate seal to be hereto afhxed duly attested by ~ts Secretary, th~s 1st day of June, 1993
CAPITOL INDEMNITY CORPORATION
Attest ~~~
Schulte Secretary
STATE OF WISCONSIN / ~..,~o.¢
COUNTY OF DANE
On the 1st day of June, A D, 1993, before me personally came George A Fa~t, to me known, who be~ngby me duly
sworn, d~d depose and say that he resides ~n the County of Dane State of W~scons~n, that he ~s the President of
CAPITOL INDEMNITY CORPORATION the corporation descnbed ~n and which executed the above ~nstrument that
he knows the seal of the sa~d corporation, that the seal affixed to sa~d ~nstrument ~s such corporate seal, that ~t was so
affixed by order of the Board of D~rectors o! sa~d corporabon and that he s~gned h~s name thereto by hke order
STATE OF WISCONSIN
~ ~ Peter E Hans
COUNTY OF DANE
~ ~ Nota~ Public, Dane Co, WI
~ ~,~.~ ~ My Commmslon is Permanent
CERTIFICATE
I, the undersigned, duly elected to the ofhce stated below now the recumbent ~n CAPITOL INDEMNITY
CORPORATION, a W~scons~n Corporation authorized tn make th~s cerbflcate DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains ~n full force and has not beeq revoked and fudhermore that the Resolution of the
Board of D~rectors, set forth m the Power of Attorney ,s nov~ ~r' force
Slgned and sealed at the Clty of Madlson Datedthe 2St:It dayof /~ Sep emt bet 19 96
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requ.ramants below It is highly
recommended that bidders confer with their respective insurance carriers or brokers
tO determine m advance of Bid submission the avallab~hty of insurance certificates and
endorsements as prescribed and providect herein. If an apparent Iow bidder fa~Is 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 s duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
W~thout limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and 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 ewer(I, Contractor shall file with the
Purchasing Department satisfactory certificates of .nsurance, containing the bid
number and title of the project. Contractor ma,,,, upon whiten request to the
Purchasing Department, ask for clar~flcation of any insurance requErements at any
time, however, Contractors are strongly edvlee~ to mal(e such requests prior to blCl
opening, since the insurance requirements may not be modffmd or waived after
opening unless a written exception has been submitted w~th the bid. Contractor shell
not commence any work or deliver any material until he or she receives notification
that the contract has bean accepted, approved, and signed by tho City of Denton.
All insurance pohcies Dropoeed or obtained in satisfaction of these requirements
comply with the following general specifications, and shall be maintained
compliance w~th these general specifications throughout the duration of the Contract,
or longer, ff so noted
· Each policy shall be Issued by a company author.zed to do business m the
State of Texas with an A M. Best Company rating of at least ~
· Any deductibles or self-insured retentions shell be declared in the bid
proposal If requested by the C~ty, the maurer shall reduce or eliminate
sucl~ deductibles or self-insured retentions wEth respect to the City, ~ts
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor ~hall procure
a bond guaranteeing payment of losses and relate0 ~nvestigat~ons, claim
administration and defense expenses
· L~at3~hty policies shall be endorsed to provide the following
e· Name as additional ~nsured the C~ty of Denton, ~ts Ofhc~als. Agents.
Employees and volunteers
ee That such Insurance is primary to any other insurance evadable to the
acJd~tional insured with respect to claims covered under the policy and
that th~s insurance applies separately to eacn insured against whom
clmm ~s mede or ~u~t ~s brought. The inclusion of more than one
~nsurad shall not operate to ~ncrease the ~nsurer's limit of habd~ty
· Alt pohcles shall be endorsed to provide th~rtv(30) days pnor written not.ce
of cancellation, non-renewal or reduction ~n coverage
· Should e~y of the required insurance be prowded under a claims-made
form, Contractor shall malntafn such coverage continuoualy throughout the
term of this contract and, without lapse, for a penod of three years beyond
the contract expiration, such that eccurrences 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 insurance be provtded under a form of coverage
that includes a general annual aggregate limit providing for claims
~nvest~gation or legal defense costs to be ~ncluded ~n the general annual
aggregate hm~t, the contractor shall e~thar double the occurrence hm~ts or
obtain Owners and Contractors Protective Liability Insurance
· Should any required insurance lapse during the contract term, requests for
payments origen·ting after such lapse shall not be processed unto! the City
receives satisfactory ewdence of reinstated coverage as requ~ed by this
contract, effective as of the laosa date If insurance ~s not reinstated, C~ty
may. at ~ta sole option, terminate th~s agreement effective on the date of
the lapse
~A00360
~vltleO ~ 0712,'ea Cl ,2
FROM: CITV OF DENTON FAX HO : 181738373D2 10-14-96 83:14P P 04
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS=
AIl Insurance polmms proposed or obtained rn Satisfaction of th~s Contract shelf
additronally comply w~th the following marked spec~flc;~tions, and shall be maintained
in compliance w~th these add~taonal specifications throughout the duration of the
Contract, or longer, if so noted
tX] A General Llab~l,ty Insurance
General Liablhty insurance with combined single limits of not less than
~ shall De prow(/ed an(t maintained Dy the contractor The
pohcy shell be written on an occurrence basis e.ther m a s~ngJe policy or ~n
a combination of underlying and umbrella or excess policies.
if the Commercial General Lmb~lltv form (ISO Form CG 0001 current
edition) ts used
· Coverage A shall include premises, operations, produGts, and
completed operations, independent contractors, contractual hab~llty
covering 1;h~s contract end broad form property damage coverage
a Coverage B shall include personal ~njury.
· Coverage C, medical payments, ia not required
If the Comprehensive General Liablhty form (ISO Form GL 0002 Current
Edition and ISO Form GL 040~,} ~s used, it shall ~nclude at least
· Bodily injury and Property Damage L~ablhty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground {XCU) exposures
· Broad form contractual hab~l~ty Ipreferabiy by endorsement}
covering thru contract, personal *njur¥ ltab~hty and broad form
property damage hab~htv,
~ROH~ CIT~ OF DEHTOH F~ HO ~ 18173~37302 10-14-96 ~3~14P P 05
~nsuranca I~.aqu~remen'~s
Page ~.
Automobile Liab~hW Insurance'
Contractor shall provfde Commercial Automobile Llab~hty ~nsurance with
Combined Single Limits [CSL) of not less than 600.000 e~ther in a single
policy or tn a combination of basra and um0relJa or excess pohcms 'Fha pohcy
wdl ~nclude boddy injury and property damage liab~hw arising out of the
operation, maintenance and use of all automobdes and mobile equJpmant used
~n conjunction with this contract
Satisfaction of the above requirement shall be tn the form of a pohc¥
endorsement for.
· any auto, Or
· all owned, hired and non-owned autos
iX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, ~n addition to meetln9 the minimum statutory requirements for issuance
of such ~nsurance, has Employer's L~abdlty hmlts 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 ~nsurer shall agree to waive all nghts of subrogation against the C,ty,
its officmls, agents, emploveas and volunteers for any work performed for the
Ctty by the Named Insured For budding or consuuctlon projects, the
Contractor shall comply with the provlmons of Attachment 1 in accordance
w.th §406 096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC}
[ ] Owner'. and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain st all times during the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective Liability insurance pohcy naming the City as ~nsured for property
damege and bodily Injury which may anse in the prosecutfon of the work or
contractor's operations under this contract. Coverage shall be on an
AAAO03EO
FROM: CITV OF DENTON FAX HO : 18173857302 10-14-96 83 14P P 06
Insurance Requirements
Page 5 ,
"occurrence" basis, and the pohcy shall be ~ssued by the same insurance
company that carries the contractor's Jfabrhty insurance. Pohcy bruits w~fl be
at least comb/ned bodrly ~njury and property damage per
occurrence wJttq a aggregate
Fire Damage Legal Liability Insurance
Coverage ~s required if Broad form General L~abd~ty ~s not provided or ~s
unavailable To the contractor or if e contractor leases or rents a port,on of a
Cny building Limits of not less than eacl~ occurrence are required
Professional I. lablhty Insurance
Professional liabd~W insurance with lira,ts not less than . per claim
w~th respect to negligent acts, errors or omissions in connecT/on w~th
professmnal services ~s required un0er this Agreement
[ ] Builders' Risk Insurance
Budders' Risk Insurance, on an Ali-Risk form for 100% of The completed value
shall be provided. Such pohcy shall include ss "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ ] Addational Insurance
Qther insurance may be required on an mdiv~dual baals for extra hazardous
contracts and specific service agreements If such additional Insurance ~s
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specfflcaTions
Insurance Requirements
Page 6
ATTACHMENT 1
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A Deflations'
Certificate of coverage ("certiflcate")-A copy of a certificate of msurance,
a certificate of authority tO self-insure ~ssued by the comrnlss~on, or a
coverage agreement [TWCC-81, TWCC-82, TWCC-83, or TWCC-84},
show~ng statutory workers' compensation Insurance coverage for the
parson's or ent~ty's employees prowd~ng serwces on a project, for the
duration of the project
Duration of the project- includes the time from the begmnmg 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" tn §406.096) -
Includes all 13arsons or entitles performing ali or part of the services tlqe
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly w~th the oontractor and regardless of
whether that person has employees Th~s mcludes, without limitation,
mdependent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of uny such entity, or employees of
any entity which furnishes persons to Drovide services on ~he project
"Services" include, w~thout limitation, oroviding, hauling, or dehvenng
equipment or rnatenals~ or prowding labor, transportation, or other service
related to a project "Services" does not include actiwtles unrelated to the
prelect, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets
B. The contractor shall prey{de coverage, based on proper reporting of
classification codes and payroll amounts and fllmg of any overage
agreements, which meets the statutory requ.rernents of Texas Labor Coos,
Section 401.011 (44) for all employees of the contractor providing serwces
on the Prelect, for the duration of the protect
Insurance Requirements
Page 7
C. The Contractor must 13rovlde a certificate of coverage to the governmentaJ
entity prior to being swarded the contract.
If the coverage period shown on the contractor's current certificate of
coverage ends duflng the duration of the project, the contrac[or must, prior
to I:he end of the coverage per~od, 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 prov~dlng services on a
projec'~, and provide to the governmental entity
{I) s certificate of coverage prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for ali persons providing services on the
project, and
{2) no later than seven days after receipt bv the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duratton 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 writing by certified
mall or personal dehvery, within 10 days after the contractor knew or
should have known, of any change that mater~ally affects tl3e provision of
coverage of any person providing serv.ces on the project
H The contractor shall post on each project site a notice. ~n the text, form and
manner prescnbed by the Texas Workers' Compensation Commisstor,
informing ail persons providing serwces on the project that they are
required to be coveted, and stating how a person may verify coverage and
report lack of covetage.
A~AO02*§O
REVIBED 10112104 Cl - 7
FROM~ CITV OF ~ENTON FR~ NO ~ 1~173837302 10-14-96 03~15P P 09
Insurance Requirements
Page 8
The contractor shaJl contractually reau~re each person with whom ~T
contracts to provide serwces on a project, to'
I1) provide coverage, based on proper reporting of classification codes
and payrotl amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, 5ecTton
401 011 (44) for all of its employees providing services on the project,
for the duration of the project,
prowde to The contractor, prior tO that person begmmng work on the
project, a certificate of coverage showing that coverage ~s being
provided for ell employees of the person providing services on the
Droject, for the duration of the project,
(3) provide the contractor, prior To the end of the ooverage period, a new
certificate of coverage showing extension of coverage, ,f the coverage
perrod shown on the current certificate of coverage ends during the
durabon of the project,
obtain from each other person with whom it contracts, and prowda to
the contractor
fa) a certificate of coverage, prior to the other person begmmng
work on the pro)eot, end
a new certificate of coverage show~ng extension of coverage,
prior to the end of the coverage per~od, ~f the coverage penod
shown on the current certmflcate of coverage ends during the
duration of the project,
(B) retain all required certificates of coverage on file for The duration of
the proiect and for one year Thereafter,
notify the governmental entity in wnt]ng I~y certified mall or personal
dahvery, w~thln 10 days after the person knew or should have known,
of any change that matenally effects the provision of coverage of any
person providing services on the project; and
Insurance Reclu~rements
Page 9 ~
contractually require each person w~th whom ~t contracts, to perform
as re(~u~red by 13aragraphs (1) - {7), w~th the certificates of coverage
to be provided [o the person for whom ttley are providing services
J By s~gning th~s contract or providmg or causing to be provided a certificate
of coverage, the contractor ~s representing to the governmentaJ entity that
all employees of the contractor who w~ll prowde serwces on the project w~ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be baaed on proper reporting of classification
codes and 13ayroll amounts, end that all coverage agreements will be filed
w~th the appropriate Insurance carrier od, in the case of a self-insured, w~th
the commrssion'a O~waion of Self-Insurance Regulation. Providing false or
m~sleadJng Information may subject the contractor tO administrative
13enalt~es, crlmma113enaltms, cirri penalties, or other civil actions
K The contractor's failure to comply with any of these provisions ~s a breach
of contract by the contractor which entities the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
wi[bin ten days after recmpt of not,ce of breach from the governmental
entrty
PlKXX~ TI'IlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RICINT8 UPON THE CER'TIFICATE HOLDER '11'11S CER'rlRCATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
RAMEY & KING INSURANCE POLICIES BELOW
~o & ma, I~Ee A COMPANIES AFFORDING COVERAGE
co~F,~, ~3 T~nlty Unlve~al of KS
C~.,.~.~'Y C Texa~ Wod~ Comp In~ Fund
D B R Con~tnmtlon C~ bl~ c=.r..
Don RIr, hard~
P O Box ~2~ cow,~' D
THIS 18 TO CERTIFY ~'IAT ~HE FOUCIE8 OF INSURANCE US'~EO BELOW HAVE BEEN ISSUED TO 'R'IE INSURED NAMED ABOVE r-OR ~-IE FOCICY PERIOO
INDICA'IED, NO~/ITHaTANDING ANY REQUIREMENT, 1ERM OR CONDI'I1ON OF N~IY CONTRACT OR O~-IER DOCUMENT WI'I~ RF. SPECT TO WHICH '~-118
CERTIFICATE MAY BE 18SUED OR MAY PERTAIN THE INSURANCE AFFORDED BY ~.IE POLIClE~ DERCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SU~CH POMCIE~ UMIT9 SHOWN MAY HAVE BEEN REDUCED BY PAJD CLNMS
A ea~s~4. Lt~a.~Y Ot.8~29,~0 ~ 0E/06/97 ~ .~ER;eX~ $ 10000~0
B /~mdOea,E~,y ~U'~aLnY TCA841S'/99 04/17/9~ 04/17/97 UMrTCOkmiKqED SINGLE $ IOOBECO
C N~ 8BP100741~ 02/97/~ 02/07/97 ~ ,~IOEh'T $ ~00~0
CITY OF DENTON, rTE OFFICIAl. B, AGENTS, EMPLOYEES & VOLUNTEERS ARE SHOWN AS
ADDmONAL INSURED UNDER THE GENERAL LIABILITY & AUTO LIABILITY WORKERS'
COMPENSATION POUCY COVERS EXECUTIVE OFFICERS ONLY SUBS SHOULD PROVIDE
DENTON TX 7S~)1
O IN^NCENO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE OR-
DER TO THE INTAK~ STRUCTUR~ DREDGING PROJECT, BID NO 1936, AUTHORIZ-
ING FINAL PAYMENT TO THE CONTRACTOR AND THE RELEASE OF CLAIMS OF
ALL PARTIES, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, there has been a dispute between the Contractor, Hydro Pump & Equip-
ment, Ine, and the C~ty regarding the final completion of the Intake Structure Dredging Project,
Bid No 1936, to uncover a lower intake valve at Lew~swlle Lake, and
WHEREAS, the part~es have agreed to settle the matter by the execution of a final de-
ductive Change Order, which would reduce the Contract amount by $33,770 00 and provide for a
final payment of $20,000 00 to the Contractor, and
WHEREAS, the Contractor and Surety have executed the Change Order, releasing all
claims against the City, and the Contractor has executed an Affidavit and Final Release, affirm-
mg that all final bills have been pa~d, and
WHEREAS, the City deems ~t m the pubhc mterest to authorize the C~ty Manager to exe-
cute the attached Change Order to Intake Structure Dredging Project, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SET_~ That the C~ty Manager ~s hereby authorized to execute the Change Order to
Intake Structure Dredging Project on B~d No 1936 w~th the Contractor, Hydro Pump & Equip-
ment, Inc, and the Surety, Amwest Surety Insurance Company, B~d No 1936, m substantially
the form of the attached Change Order, whmh is made a part of th~s ordinance as if written word
for word hereto
S T_S~ That the C~ty Manager ~s hereby authorized to make the final payment to
the Contractor m the an~ount set forth m the Change Order
S T_S~ That this ordinance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED this the day of. . _ , 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
CHANGE ORDER TO INTAKE STRUCTURE DREDGING PROJECT
CHANGE ORDER NO One
OWNER Ctty of Denton, Texas
CONTRACTOR Hydro Pump & Eqmpment, Inc
SURETY Amwest Surety Insurance Company
BID NO 1936
CONTRACT DATE September 17, 1996
WHEREAS, Owner and Contractor executed an Agreement dated September 17, 1996,
relating to B~d No 1936 ~n the amount of $80,495 00, which secured performance by Surety's
Bond No 1287270, and
WHEREAS, the Agreement provided that Contractor was to dredge 2,000 cubic yards of
material from water ~ntake structure and channel and deposit m lake disposal area, and
WHEREAS, a d~spute has arisen relating to whether or not the terms of the Agreement
have been met, and Owner, Contractor, and Surety desire to settle the d~spute subject to the pro-
WSlOnS set forth here~n, NOW, THEREFORE,
OWNER, CONTRACTOR, AND SURETY (Part~es) agree as follows
1 The Part,es agree to make the following changes m th~s Contract
L~qmdated Damages Credit $33,770
Total Amount ofth~s Change Order Credit $33,770
The Original Contract Sum was $80,495
Net Change by Previously Authorized Change Orders 0
The Contract Sum Prior to th~s Change Order was 80,495
The Contract Sum Decreased by th~s Change Order (33,770)
The New Contract Sum Including th~s Change Order will be 46,725
Amount of Previous Payments Made to Contractor under Contract (26,725)
Final Payment Due Contractor Under th~s Change Order $20,000
2 Upon the execution of th~s Change Order by the duly authorized representatives of the Par-
t~es, Owner agrees to rennt a cheek to the Contractor, Hydro Pump & Eqmpment, Inc, m the
amount of $20,000 00, m full satisfaction of Owner's respons~blht~es under the Agreement
By ~ts s~gnature hereon, the Surety fully consents to th~s payment to Contractor
3 That the approximately 1,536 cubic yards of material which has been removed from the lake
~s found to be satisfactory completion of the ~ntake structure dredging project, and Owner
waives any claims at may have to additional hqmdated damages
4 That the warranty and guaranty provisions of the NCTCOG Standard Specifications for Pub-
hc Works Construction, which were incorporated into B~d No 1936, were honored by Con-
tractor and Surety for a period of one year from December 10, 1996, whmh is the agreed
upon date of final completion
5 Contractor and Surety release any and all claims, hens, rights, judgments, demands, or inter-
ests they may have now or m the future against Owner for breach of contract or any other le-
gal or equitable remedy, including, but not hm~ted to, fmlure to receive adequate compensa-
tmn for work performed and all mechamc's and matenalman's hens under the Constitution
and laws of the State of Texas growing out of Intake Structure Dredging ProJect Bid No
1936 and th~s Contract Owner releases Contractor and Surety frmn and agmnst any and all
clmms, demands, judgments, or causes of actions that ~t may have now or m the future m
connection with the Intake Structure Dredging ProJect B~d No 1936, Performance Bond No
1287270
6 All services performed under this Agreement are warranted to be m accordance with the
contract documents, including, without limitation, the plans and specifications Contractor
and Surety guarantee, ~n accordance w~th their respective obhgat~ons, that this work will be
free from defects In materials and workmanship for a period of one year from the job com-
pletion date of December 10, 1996
7 That, prior to Owner's remitting of $20,000 00 to Contractor, Contractor shall provide an af-
fidamt that payrolls, bills for materials and equipment, and other indebtedness connected
with the work have been paid or otherwme satisfied
8 This Change Order shall extend to and brad the Parties and their successors and assigns
9 To the extent that this Change Order conflicts with terms and provisions of the Agreement
between Contractor and Owner, the terms and prowstons of this Change Order prevail
10 The unenforceabllity of any promsion of this Change Order shall not affect the vahdlty or
enforceabd~ty of any other provision hereof
11 Th~s Change Order Is not vahd untd s~gned by all the Parties
By execution hereof, the part,es represent that the persons executing this Change Order are fully
authorized to bind the respective parties to all the terms and conditions of this Change Order
CITY OF DENTON (Owner) Approved as to Form
By ,.~ ~ ~ By
Ted Benamdes, City Manager Herbert L Prouty, C~t~ttomey
Date signed by Owner ~//6t/~'
Page 2
HYDRO PUMP & EQUIPMENT, INC (Contractor) Corporate Seeretary/W~tness
By ON~ (~ L~*~-~,~tJ ~' -~~'~~'~
L°ms Y~l~ch,~resldent By ~
Date s~gned by Con,actor ~,/~ ~
~ST S~TY ~S~NCE CO (Surety) Co.orate Secreta~/W~tness
Date s,~ed by Surety q ~ ~]F
Page 3
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
STATE OF TEXAS §
COUNTY OF. ~+(,~.~,a §
BEFORE ME, the undersigned authority, on this day personally appeared L J Yehch, known to
me to be a credible person and Premdent of Hydro Pump & Eqmpment, Inc, (hereunder called
"Contractor") and who, being duly sworn, upon h~s oath declares and acknowledges as follows
1 I am the duly authorized agent for the said Contractor, which has authorized me to make this
affidawt, to enter ~nto the agreements, and to grant the hen wmvers herein set forth, on its
behalf and as its acts and deeds, and all of the facts and recltatmns hereto are true and correct
2 Pursuant to a Contract Agreement dated September 17, 1996, between the C~ty of Denton
(the "Owner") and Hydro Pump & Eqmpment, Inc, Contractor has supphed materials and/or
performed labor m connechon w~th the construction of ~mprovements on the constructmn
project known as Intake Structure Dredging Project, B~d No 1936, upon certmn property
owned by the C~ty of Denton, Texas and located m Denton County
3 Contractor has requested final payment ~n the amount of twenty thousand dollars
($20,000 00), which constitutes payment m full for any and all matermls supphed and/or
labor performed ~n connection with satd Contract
4 In cons~deratton of these premises and the receipt of final payment by Contractor from
Owner, the sufficiency of whmh is hereby acknowledged, Contractor hereby waives and
releases any and all hens, rights, and ~nterests (whether choate or ~nchoate and ~ncludmg,
wtthout hmltat~on, all mechamc's and matenalman's hens under the Constitution and statutes
of the State of Texas) owned, cla~med, or held by Contractor m and to the property and
~mprovements, whether now or hereafter thereon, whether real or personal property, and
whether or not affixed or severable from the property or from any other portion of the
~mprovements
5 Contractor has actual knowledge that all bills owed by Contractor to others for materials
supphed or labor performed ~n connectton with the improvements have been fully paid and
satisfied Contractor does further warrant that should any clmm or hen be filed for material
supphed or labor performed by wrtue of Contractor's parhmpatlon in the construction of smd
~mprovements, Contractor wall ~mmedtately furnish a bond, pursuant to Tex Prop Code
§§53 171-53 174, for release of such hen, and obtmn settlement of any such hens and furmsh
the Owner written full release of such hens Should Contractor be unable to obtain such
release, Contractor agrees to save, ~ndemmfy, protect, and hold harmless Owner, Its officers,
d~rectors, shareholders, agents, successors, and assigns agmnst any habthty for costs and
expenses 0ncludmg attomey's fees) growing out of or anstng from or suffered by Owner on
account of elmms made for ~tems hereto represented as being prod and discharged and on
whmh demand may hereinafter be made against Owner, Its officers, directors, shareholders,
agents, successors, and assigns
EXECUTEDthts 7~ dayof CCta.4~ ,1998
HYDRO PUMP & EQUIPMENT, iNC
SUBSCRIBED AND SWORN TO before me by the smd L J Yehch this ?" day of
/-4~n~ ,1998 to certify which w~tness my and hand seal of office
Notary Pubhc m and for the State of Texas
Page 2