1995-251NOTE: Contracts for Bid #1808 and 1815~ are attached.
NOTE: CONTRAdT FOR BID# 1824 ATTACHED
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and approved
as being the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1808 KAY RENEE' INC. $ 48,381.00
1815 LAYNE-TEXAS $ 88,710.00
1824 NEW YORK/SANUS LIFE INSURANCE CO. $ 80,000.00
1825 CANADA LIFE ASSURANCE COMPANY $ 91,000.00
(CANADA LIFE)
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all 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 public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid
Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and
specified sums contained therein.
State of Texas )
) KNOW ALL MEN BY THESE PRESENTS=
County of Denton )
~hat t~his agreement, made and entered this /7~-~day of __
~,~/~ 1996, by and between the city of Denton, Texas, a
municipal corporation located in Denton County, Texas, and
incorporated as a home rule city under the Constitution of the
State of Texas, hereinafter referred to as "City", and Canada Life
Assurance Company, a corporation with offices at 515 West Greens
Road suite 775, Houston, Texas 77067, hereinafter referred to as
"Contractor."
WITNESSETH~
That the parties hereto, in consideration of the covenants and
agreements herein contained to be kept and performed by both
parties, do hereby agree, covenant and contract as follows:
city hereby agrees to purchase from Contractor and Contractor
hereby agrees to sell to City fully insured disability insurance in
accordance with city's Scope of Specifications & Instructions, Bid
Submission Form, Sample Contract and other documents constituting
city's "Request for Bid No. 1825"; Contractor's Bid referred to as
"This Group Insurance Program"; and Group Policy Number H.58528
which are hereby made a part of this contract and incorporated
herein for all purposes.
II.
The parties agree this policy of insurance shall become
effective February 1, 1996, at the rates contained in Contractor's
bid for Plan 1 dated November 30, 1995, and unless earlier
cancelled pursuant to the terms of this contract, shall terminate
at midnight on January 31, 1997.
III.
Should a conflict arise between the terms and provisions of
the City's "Request for Bid No. 1825" (including but not limited to
the sample contract contained therein) and Contractor's Bid
(including but not limited to Policy No. H.58528), the terms and
provisions of the city's Request for Bid No. 1825 will prevail.
The Director of Human Resources or such other agent designated
by the City Manager is hereby authorized to carry out the terms of
this agreement in behalf of the city and MILTON GODWIN shall be
the agent authorized by Contractor to carry out the terms of this
agreement in behalf of the Contractor unless Contractor advises
city in writing of a substitute agent.
EXECUTED this ~day of~~ , 1996, A.D.
city of Denton, Texas Canada Life Assurance Company
ATTEST = ATTEST
City Secretary
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTYt CITY ATTORNEY
/
APPOOA76 .wp5
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~day of ~,1995.
ATTE ST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
DATE: DECEMBER 19, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 1808 - MORSE STREET SIDEWALKS PHASE II
RECOMMENDATION: We reeommend this bid be awarded to the only bidder, Kay
Renee', Inc., in the total amount of $48,381.
SUMMARY: This bid is for all labor and materials necessary in the construction of
approximately 34 square yards of 6" sidewalk and 1,050 square feet of modular block
retaining wall. This project is located on Morse Street between Bushy and Newton
Streets.
One bid was received in response to seven notices sent to vendors.
BACKGROUND: Tabulation Sheet, Memorandum from Barbara Ross dated 12-4-95.
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Community Development,
Citizens of Denton in the Morse Street area.
FISCAL IMPACT: Budgeted funds for Community Development Block Grant Account
#219-058-CD8C-8502.
iully submitted:
Rick Svehla
Acting City Manager
Prepared by: .
I~ame: Denise Hhrpool
Title: Senior Buyer
Name: Tom D. Shaw;
Title: Purchasing Agent
CITY OF DENTON, TEXAS 100 WEST OAK . SUITE208 o DENTON, TEXAS 76201 o (817) 383-7726 , FAX (817) 383-2445
Community Development office
MEMORANDUM
TO: Tom Shaw, Purchasing
FROM: Barbara Ross, Community Development
DATE: December 4, 1995
SUBJECT: Morse Street Sidewalk Phase lI
Attached is a copy of a memorandum from David Salmon recommending acceptance of the bid
from Kay Renee Incorporated. I would like to request that we accept the bid from Kay Renee
based on Mr. Salmon's recommendation. I further request that we accept that alternate bid of
$48,381 for the modular block retaining wall. Sufficient CDBG funds are available to complete
the alternate bid.
We also need to incorporate a reference in the contract that the applicable wage decisions are
TX950045/551 with no modifications (publication date 2/10/95) and TX950033/551 with four
modifications (publication date 10/13/95). This supersedes TX950033/551 with two
modifications (publication date 06/09/95) which was included in the original bid. I have
contacted the contractor and they have agreed to comply with the modified wage decision at no
additional cost. A copy of the new wage decision is attached.
Also, attached is a copy of a purchase requisition for the project. Please call me at ext. 7235 if
you have questions or need additional information. Thank you.
Barbara Ross
xc: David Salmon, Engineering & Transportation
"Dedicated to Quality Service"
DATE: DECEMBER 19, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 1815 - PLUGGING AND ABANDONMENT OF WATER WELLS
NO. 4, 6, 9 AND 10
RECOMMENDATION: We recommend this bid be awarded to the only bidder, Layne-
Texas, in the total amount of $88,710.00.
SUMMARY: This bid is for all materials and labor necessary in plugging abandoned
wells as requested by the Texas Natural Resource Conservation Commission. These
wells were abandoned in 1962, 1965 & two in 1987, due to poor water quality (sand)
and low yields.
One bid proposal was received in response to five bid packages mailed to vendors.
BACKGROUND: Tabulation Sheet, Public Utility Board backup dated November 20,
1995.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water Production, Utility
Department, Water Utility Customers of the City of Denton.
FISCAL IMPACT: Budgeted Funds for Well Abandonment for 1996; Account #620-
081-0460-8502.
Rick Svelil~' r~
Acting City Manager
Prepared by:
Name: Denise Harpool' '
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
663. A~ENDA
NOVEMBER 20, 1995
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R.E. NELSON, P.E., EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER APPROVAL OF BID NO. 1815 FOR THE PLUGGING AND
ABANDONMENT OF WATER WELLS NO. 4, 6, 9 AND 10 TO LAYNE-
TEXAS, A DIVISION OF LAYNE, INC. IN THE AMOUNT OF
$88,710.
RECOMMENDATION:
The Utilities Department Staff recommends approval of the sole
bid by Layne Texas ( "Layne" ) for the above referenced
project in the amount of $88,710. This amount includes
accepting the deductive alternate bid items for not
demolishing the well, heads and pump foundations, not cutting
the well casings three feet below grade and not disposing of
these materials ($7,830).
SUMMARY:
Bid proposals were sent out to five firms experienced in
plugging water wells. Only Layne submitted a bid. This is the
third time in a row that Layne was the only bidder on a well
abandonment project. Their bid is under our budget. Layne is
highly experienced in this field. Layne plugged Well Numbers
1, 5 and 8 for the City of Denton in 1993.
The remaining work of abandoning the site will be contracted
out separately or done in-house. This work includes
demolishing the well heads and pump foundations;cutting off
the well casing; demolishing the remaining buildings, tank,
foundations and slabs; and disposing of all demolished
materials. These sites have no useful purpose for the Water
Utility. Well No. 4 is on the Civic Center property. It is
maintained by the Parks Department. Well No. 6 is on the
Hickory Substation. The Electric Department maintains this
site. Well No. 9 adjoins Fire Station No.2. It will be offered
to other Utility Departments, the Fire Department and then
other City Departments. Well No. 10 is located on Lattimore.
It will offered to City Departments as well. We must continue
to maintain these sites, until they are disposed of in
accordance with City Policies.
BACKGROUND
The Texas Natural Resource Conservation Commission has
commented in the past that the City of Denton had not properly
plugged and sealed several abandoned wells. In 1993 the City
abandoned Wells No. 1, 5 and 8. Well No. 9 abandonment was bid
in 1994, along with installing a new pump on No. 11. The bid
was not awarded due to its cost. The cost to abandon Well No.
9 has reduced from $28,100 to $25,430, a reduction of $2670 or
9.0% below the 1994 bid. These wells are being abandoned due
to poor water quality (sand) and/or low yields. Well No. 4 has
not been used since 1965, since 1962 for Well No. 6 , since
1987 for Well No. 9 and since 1987 for Well No. 10. In some
cases the wells have been disconnected from the system and
essential equipment removed.
This project will complete our well abandonment program.
AGENCIES AFFECTED
Citizens of Denton, Denton Municipal Utilities, Texas Natural
Resource Conservation Commission and Layne Texas, a
division of Layne, Inc.
FISCAL IMPACT ~
This year we had budgeted $110,000 to demolish and abandon
Wells No. 4, 6, 9 & 10. $20,000 was from the current budget
and $90,000 was from money reserved from fiscal years 1994 and
1995. The budget detail sheet is attached as Exhibit II.
The sole bid is $88,710 or 19.4% under the 1996 Budget for the
abandonment of Wells No. 4, 6, 9 & 10. See Exhibit IV for
detailed analysis.
Prepared by: Submitted by:
Gerald P. Cosgrove,~]P.E. R.E. Nelson, P.E.
Engineering Administrator Executive Director of
Utilities
Exhibit I. Location Map
II. Budget Detail Sheet
III. Fund Analysis
, WELL # 10
WELL # 6
WELL # 4 ' '
"'"' WELL # 9
)
WATER
~'£1sl~ ;PRODUCTION/0460 BUDGRT DETAIL
· t.~aRENT YF, AR PROPOSED
ACCOUNT 1994-95 1995-96
NUMBEI~ TI~W~E BUDGET TOTAhRE~UEST
8502 SPECIAL SERVICES CONTINUED
1996 Texas Natural Resource
Conservation Commission -
Water LicensingAgency
Public Water Supply
System ~-ual Fee 6,000 6,000
L~boratory Testing Fee 5,000 5,000
D/DBP Rule ICR Tesing 12,000 20,000
1996 Demolition of Water Wells
$4, 6, 9. and 10 45,000 * 110,000
· ($90,000 from FY 1994 & FY 1995 Budget Reserves)
1996 Dredging of lower intake
at Lake Lewisville .. 0 50,000
1996 New Employee Phylcals 250 250
1996 Employee Dr~g Testing 400 1,000
1996 Employee Drivers
License Checks 130 130
Total 8502 2,862,180 3,051,380
EXHIBIT II
NOVEMBER 20, 1995
PLUGGING AND ABANDONMENT OF
WATER WELLS NO. 4, 6, 9 & 10
FUND ANALYSIS
WATER PRODUCTION ( REVENUE ) STATUS $(x1000)
FUND SOURCE
620-081-0460-8502 Budget $20,000
FY 1994 Reserves 45,000
FY 1995 Reserves 45,000
TOTAL FUNDS $110,000
EXPENDITURES
Well No. 4 Bid $26,150
Well No. 6 Bid 22,960
Well No. 9 , Bid 25,430
Well No. 10 Bid 22,000
Deductive Alternatives Bid (7,830)
TOTAL EXPENDITURES $88,710
AMOUNT OVER/(UNDER) BUDGET ($21,290)
04wel196.WK3 EXHIBIT III
DATE: DECEMBER 19, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 18~.4 - LIFE/AD & D INSURANCE
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder New
York/SANUS Life Insurance Co. (NY Life) in the amount of $0.25 per $1,000 of
covered payroll or approximately $80,000.00 per year.
SUMMARY: This bid is for the life insurance and accidental death and
dismemberment insurance program to cover all regular full-time and part-time
employees of the City of Denton. The NY Life bid was the lowest of eight bids
received and represents an approximate savings for FY 1995/96 of $10,682.00 or an
estimated annualized savings of $ 32,045.00 with a two (2) year rate guarantee.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Human Resources, Employees
of the City of Denton.
FISCAL IMPACT: Funds for this program were approved in the 1995-96 annual
budget.
Respectfully submitted:
Acting City Manager
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
675. A(~ENDA
DATE: DECEMBER 19, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 1825 - LONG TERM DISABILITY INSURANCE
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Canada
Life Assurance Company (Canada Life) in the amount of .373% of covered payroll.
Estimated expenditure $91,000.00 for the first year of a two year contract.
SIJlVtMARY: This bid is for the purchase of Long Term Disability Insurance to cover
all regular full time employees of the City of Denton. Canada Life was one of five
bids received. Their bid is the lowest most responsible meeting all bid
specifications. Canada Life's bid represents a continuation of our current benefits
with a two (2) year rate guarantee.
The lower rate offered by Prudential fails to meet the minimum rating of A+ by A.M.
Best and Standard and Poors rating of at least (AA).
BACKGROUND: Tabulation Sheet
PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED: Human Resources Department
and Employees of the City of Denton.
FISCAL IMPACT: Funds for this program were approved in the 1995-96 budget.
~ed:
Rick Svehla
Acting City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
674 .AGENDA
CONTRACT AGREEMENT f
STATE OF TEXAS §
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 19 day of
DECEMBER A.D., 19 95 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through RICK
thereunto duly authorized so to do, hereinafter termed "OWNER," and
KAY RENEE' INC.
1901 STADIUM OAKS CT.
ARLINGTON, TX 76011
of the city of ARLINGTON , County of WARRANT
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, CO~TRACTOR hereby agrees with oWNER to commence and
complete performance of the work specified below:
BID # 1808 - MORSE STREET SIDEWAI~fPHASE II
in the amount of $48,381.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
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 ~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 liabi%, 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 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:
CITY OF D_ENTON
ATTEST:
CONTRACTOR
1901 Stadi~ Oaks Ct.
Arlington, TX 76011
~ILING ADDRESS
(817) 860-9095
PHONE N~BER
BY . _ TITLE
~bert B. Shelton,
PRINTED NME
APPROVED AS TO FORM: (SEAL)
Asst. City ~ttorney
AAA0184D
Rev. 07/28/94
CA - 3
PERFORMANCE BOND
STATE OF TEXAS S BOND NO. 422438615
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That ~AY REN~E' INC.
, of the City of ARLINGTON
County of TARRANT , and State of TEXAS
as PRINCIPAL, and GRAMERCY INSURANCE 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 TH~. CT~V
as OWNER, in the penal sum of FORTY EIGHT T~{OUSAND
ONE and no/100 ...... Dollars ($ 4R.~s~ nn ) 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 19 day of DF.C~.R ,
19 95 , for the construction of BID 9 1808 - MORSE STREET 'SIDEWALK
PHASE II
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 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 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 - 1
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 ter~s 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 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 19th day of December
19, 95 .
~AY RENEE', INC. GRAMERCY INSURANCE COMPANY
Principal Surety
PAULINE L. LESCH
Tit le~~~__ Title A~IORN~V- IN-FAC~
Address: Address:
1901 STADIUM OAKS DR. P.O. BOX 1150
ARLINGTON~ TX 76011 LEWISVIT.L~., TX 75067
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is.
PCL CONTRAC~ BONDING AGENCY
206 ELM ST.~ #105, LEWISIr~T.LV., TX 75057
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PAYMENT BOND
BOND NO. 422438615
STATE OF TEXAs S
COUNTY OF DENTON S
K/qOW ALL MEN BY THESE PRESENTS: That
of the City of
County of ?ARRANT , and the State of TEXAS
as principal, and GRAMERCY INSURANCE 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~E CITY OF DENTON , OWNER, in the penal sum of
FORTY EIGHT THOUSAND TY4~R HUNDRED RIGI{Ty ONE. and ~/O~ ($
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 19 day of DECEMBER
19 95
BID ~ 1808 - MORSE STREET SIDEWALK PHASE II
to 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 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 91ans,
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 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 39th day of December
19 95 .
~AY RENEE', INC. GRAMERCY INSURANCE COMPANY
Principal Surety
PAULINE L. LESCH - '
Title Title ATTORNEY-IN-FACT
Address: Address:
1901 STADIUM OAKS DR. P.O. BOX 1150
ARLINGTON, TX 76011 LEWISVITI.~, TX 75067
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is.
PCL CONTRACT BONDING AG~qCY
2~6 ~TrJ~ ~qT.~ ~105, I~v~IS~T,T,~,~ TX 75057
AAA0184D
Rev. 07/28/94
PB 4
MAINTENANCE BOND
BOND NO. 422438615
THE STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That KAy RENEE' INC.
as Principal, and GRAMERCY INSURANCECOMPANY
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 FOURTHOUSANDEIGHTHUNDRED THIRTY EIGHTand i0/100---
Dollars ($ ~R.~Q ), 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 KAY REN-EE' INC.
has this day entered into a written contract with the said City
of Dentonto build and construct BID ~ l~O~ -MORSE STREET SIDEW-ALK
PHASE II
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 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
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 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 KAY RENEE', INC.
as Contractor and Principal, has caused these presents to be
executed by
and the said GRAMERCY INSURANCECOMPANY
as surety, has caused these presents to be executed by its
Attorney-in-Fact PAULINE L. LESCH
and the said Attorney-in-Fact has hereunto set his hand this 19th
day of December , 19 95
SURETY: PRINCIPAL:
GRAMERCY INSURANCE COMPANY KAY RENEE'~ INq.
Attorney-in-Fact
AAA0184D
Rev. 07/28/94
MB - 2
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 ~(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-I'ACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
GRAMERCY INSURANCE COMPANY N 0 L~ 2 2 L~ 3 8 6 ~- 5
7616 L.B.J FRWY,
Dallas, Tcx~ 75251 ~WER OF A~ORNEY
KNO~ ~L MEN BY THESE P~SE~'S: (VOID IF THIS LINE NOT IN RED)
"T~t G~mer~ Insu~nce Company, a Co~oration duly organized and exis~ng under the laws of ~e State of Delaware,
having Rs p~ncipat office in Dallas, Texas, pursuant to ~e lo,owing resolu~on w~ch is now in ~ll force and effect:
O~at each of ~e fo[lowing officers: Chair~n, Presidcm, ~ccutive Vice President, any Vice President, Secrcm~, any
Assistant Secrem~, ~y from time to ~me appoint A~orne~s-in-Fact, and Agents to act for and on ~ff of ~e Company
and may give any such appointee such au~o~W as ~s ce~cate of au~o~ and offier w~gs ob~m~ in ~e ~mre of
a ~nd, and any of said office~ of ~c Board of Directors ~y at any t~e remove any such ap~tee and revoke th~ ~wer
and au~o~W given ~m," d~s hereby ~kc, cons~mte and ap~int:
PAULINE L. LESCH, CLEM F. LESCH, or GARY MATULA
i~ ~e la~l Attome~s)-in-Fact, with ~ power and au~o~W hereby co~e~ed in its ~me, place and stead, to sign, exe-
cute, acknowledge and deliver in irs ~halL and as its a~ and deed, as follows:
All ~nds except Bail Bonds and nor ro exceed on any single insr~menr
FIVE H~D~D THOUSAND AND no/100 ($500,000.00) DOLLARS
IN ~T~SS ~E~OE The Gramer~ Insurance Company has caused ~ese presems to be signed by im President and its
Co.orate Seal to be Mfixed, r~s 10~ ~y of June. l~4.
Robe~
J.
~e~,
President
STA~ OF ~ ) ~.~
On ~s 10~ ~y of June, 1.4 ~fore me, a Nora. ~b,c of ~e Stole l([(~~ NOTARY PUBLIC ~
of Texas came Robe. J. See~ to me personally known to be ~e ~dividual ] ~%~g~$j State of Texas $
anao~cerdescflbeahere~,anawhoexccutedtheprecea~g~st~ent, l~_ ~mm. exn. 07-la.~ {
md ac~owledged the execution of ~e s~e, and being by me duly ~om,
deposed and said, that he is thc officer of saM Company aforesaid, and that
· e seal ~ed to thc preceding instrument is the Co~o~tc Seal of said
Company, and thc said Co~o~te Seal and si~ature ~ an officer were duly
~ed ~d subscribed to the s~d ~t~ent by thc authorW ~d dkection
of the said Co.option, aad that the resol~tio~ of said Company, refe~ed ~~~
tO ~ ~he pmced~g ~stmment, 1~ now ~ force.
~ ~S~O~ ~E~OF, I have hereunto set my hand, and affmed my N~ Public, State o[ Texas
official ~eal a[ Da~as Texas, [he ~y and year above wdtten.
My Com~ssion Expires: 7/13/~
CERTIFICATE
I, thc undersigned, Secretary of Gramercy Insurance Company, a Corporation of thc State of Delaware, DO HEREBY CERTII~'¥
that thc foregoing and attached Powcr of Attorney and Certificate of amhori~ remains in full force and has not been revoked;
and fur~hcrmorc, that thc Rcsolmion of thc Board of Directors, as set forth in thc Certificate of AuthoriW, arc now in force.
Signed and Sealed at the said Company, Wilmington, Delaware. ~his19e''h .dayof Deco_.mi2e~ ,19 95
Michael Gr~ff~n Hankinson. Secretary
EeOUUCER i THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION
OrILY. AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Apex Insurance Agency, Inc. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1420 N. Cooper, #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Arlington, TX 76011 COMPANIES AFFORDING COVERAGE
(817) 261-1101
A VALLEY FORGE INSURANCE COMPANY
INSURED COMPANY
KAY RENEE, INC. B CONTINENTAL CASUALTY
A TEXAS CORPORATION
COMPANY
1901 STADIUM OAKS C TX WORKERS COMP INSURANCE FUND
ARLINGTON TX 76011
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR l~lE POLICY PERIOD
INDICATED, NO~/ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE PEEN REDUCED BY PAID CLAIMS.
POUSY EFFECTIVE POUCY EXPIRATION
A
~X
COMMEROIAL DEN ERAL LIABILITY B 1319S6536 11/28/95 11/28/96 PRODUCTS - DOMP/OP A(SG
~- PER PROJECT FIRE DAMAGE (Any one fire) $ 50,000.
AGG - CG2503 U~D ~X~ (An~ o~. r~.) fi 5,000.
m ~ ANYAUTO S 131956522 11/28/95 11/28/96
COMBINED SINGLE LIMIT
WORKERS COMPENEATE)R AND I STATLITOFI¥ LIMITS
C
TBF.t127134~2 06/10/95---- 06/10/96 F~CH ACCIDENT iS
100,000.
CITY OF DENTONt ITS OFFICIALS~ AGENTS~ EMPLOYEES AND VOLUNTEERS ARE
ADDED AS ADDITIONAL INSURED ON ABOVE POLICIES EXCEPT WORKERS
COMPENSATION. WAIVER OF SUBROGATION IN FAVOR OF CITY OF DENTON, ITS
OFFICIALS,AGENTSt EMPLOYEES & VOLUNTEERS INCL. ON WORKERS COMPENSATION.
............... ~....,.....~,.~
30 DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE~T,
CITY OF DENTON BUT FAILURE TO MAIL SUCrl NOTICE SHALL IMEOSE NO OBUGATION OR ILIARILR'Y
1OO
W.
OAK
OF ANY~KIND~UPON THE COMPANY~IT8 AGENT~ OR REPRESENTATIVES.
SUITE #208 AUTH OrliZED '~.EPRESE~ TATIVE
DENTON TX 76201 ~-/~1~ ~,
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~]e-[ej~. If an apparent Iow bidder fails to
comply strictly with the insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without 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 as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shall be issued by a company authorized to do business in the
State of Texas with an A.M. Best Company rating of at least A .
· Any deductibles or self-insured retentions shall be declared in the bid
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its
AAAO0350
[~EVISED 10/12194 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contract(~r shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· Liability policies shall be endorsed to provide 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 insurance applies separately to each insured against whom
claim is made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's limit of liability.
· All policies 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 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 give 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 providing 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 Liability 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 evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AA.~0350
REVISED 10/12/94 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
iX] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
1.000.000 shall be provided and maintained by the contractor. The
policy shall be written on an occurrence basis either in a single policy or in
a combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
A/v~0350
R[V~SEO ~o/~2/94 CI - 3
Insurance Requirements
Page 4
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than 500.000 either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. 'The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAA00350
REVISED 10112/94 C[ - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than . each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement.
[ ! Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided. Such policy shall include 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 basis for extra hazardous
contracts and specific service agreements. If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
A.~A00350
REVISED 10/12/94 CI - 5
Insurance Requirements
Page 6
ATTACHMENT I
iX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TVVCC-82, TVVCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contraCtor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This includes, 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 provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor providing services
on the project, for the duration of the project.
AAA00350
REVISED 10112194 CI - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
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 beginning work on the
project, so the governmental entity will 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
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified
mail 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 notice, 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 lack of coverage.
AA.~OO350
7
REVISED 10/12/94
Insurance Requirements
Page 8
i. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011 (44) for all of its employees providing services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage 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 provide 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, within 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
AAA00360
I~'VISED 10/12/94 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing this contract or 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 workers' compensation coverage for the duration of the
project, that the coverage will be based on proper repotting 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 Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with .a.n.y of these provisions is a breach
of contract by the contractor which e~t~tles the governmental entity to
declare the contract void if the contractOr., does not remedy the breach
within ten days after receipt of notice of I~reach from the governmental
entity.
AAAO0350
REVISED 10/12/94 CI - 9
WOK DAYS . 20
BID NO.
M~o:'se Street Sidewalk Phase II PO NO.
BID TABULATION SHEET
ITE~ DESCRIPTION QU~I~ I ~IT I ~IT PRICE TO~
3-C Remove Walks & Drives 39 I SY I $ 25.00 /SY $ 975.00
Unit Price in Words:
3.1 liPreparation of ROW -- LS I $1850.00/LS $1850.00
Unit Price in Words*
Unit Price in Words:
Unit Price in Words,
8.1 IBarricade' Det°urs &Warning Signs '- LS $ 725'0~LS I $ 725'00 r~
Unit Price in Words: ~0
S.3A I 4# Concr.t. Sidewalk 193 SY $ 31.5~SY I $ 6080.00
Unit Price in Words*
Unit Price in Words*
8.15 Concrete Riprap 20 $ 50.0~SY $ 1000.00
Unit Price in Words:
4.5 Flex Base 5 CY I $ 50.00 /CY I $250.00
unit Price in Words:
1.2.1 iContractor's Warranties & -- LS I $ 1000.0~LS $ 1000.00
!Understandings
Unit Price in Words:
SP-21 French Drain (Retaining 453 LF I $ 9.05 /LF I $4099.65
Wall)
Unit Price in Words:
P 3
WORK DAYS
BID NO.
Street Sidewal~ Phase II PO NO.
BID TABULATION SHEET
XTEM DESCRIPTIOW QUANTITY UNIT UNIT PRICK TOTAL
SP-27 I Service Adjustments 10 EA $ 275.00/EA $ 2750.00
Unit Price in Words:
SP-39 Project Signs i EA 210.0~EA $ 210.00
Unit Price in Words:
Unitl Price in Words:
3-A ~ Remove Concrete Riprap 120 SY $ 25.00/SY $ 3,000.00
Unit Price in Words:
8.2-A Concrete Curb & Gutter 10 20.00 /LF 200.00
$P-2 Sawcut (Concrete) 50 LF $ 12.50/LF $625.00
Unit Price in Words:
8.3C Remove and Replace 8 $ 420.0~ST $ 3360.00
Concrete Steps
Unit Price in Words.'
Reinforcement
Unit Price in Words:
TOTAL [ [ $44,455.95
Forty-four thousand four hundred fifty-five
Total Price in Words: dollars and ninety-five cents
P - 4
WORK D~S ?~
BID NO. 1808
, MO~Sq Street Sidewalk phase II ~Alternatel Po NO.
BID TABULATION SHEET
Un£t Prioe in Words~
8.7.GEO I Retaining Wall Re£nf. 245 SY $ 3.60 /SY I 5882.00
Geotextile/Geogr£d
Un£t Pr£ce £n ~ords~
I TOTAL I $17,682.00
Total Price in Words~ Seventeen thousand six hundred eighty-two
dollars and no cents
P - 5
BID SUMMARY
TOTAL BID PRICE IN WORD~Orty-four thousand four hundred fifty-five dollars
and ninety-five cents using item 8.7C (Concrete retaining walls)
Seventeen thousand six hundred eighty-two dollars and no cents using alternate
items 8.7CMB (Concrete modular block) and 8./GEO ~Retainlng wall reln[, ueotextile/
In the event of the award of a contract to the undersigned~e~d')
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when full~ completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
KAYRENEE', INC.
CONTRACTOR
Shir le~. Bu~Jr ~ P;esident
1901 Stadium Oaks Ct.~
Street Address
Arlin~ton~ Texas 76011
City and State
Seal & Authorization
(If a Corporation) (817) 860-9095
Telephone
B - 1
U.S. DEPARTMENT OF HOUSING AD URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO ~pprop~iate Rec~piem): DATE
CITY OF DENTON 10/31/95
c,/o PROJECT NUMEER ~/fany~ 1808
Barbara Ross, Community Development Office
PROJECT NAME Morse St Sidewalks ~ Ph2
~. The undersigned, having executed a contract with
for the construction of the above-identified project, acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract:
(b)Correction of any infractions of the aforesaid conditions, including infractions by any of his/her subcontractors and any
lower tier contractors is his/her responsibility:
2. He/She certifies that:
(a) Neither he/she nor any firm, partnership or association in which he/she has substantial interest is designated es an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5,8 (b) of the Regulations of the
Secretary of Labor, Pan S (20 CFR, Pan 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U,S.C,
276a-2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor ~f such sub-contractor or
any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated es
an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions,
3. He/She agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract,
including those executed by his subcontractors and any lower tier subcontracts, a Subsontractor's Certification Concerning
Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
4, He/She certifies that:
(a) The legal name and the business address of the undersigned are:
KAYRENEE, INC., 1901 Stadium Oaks Ct., FEDIDORSS# 75-2355R46
Arlington, Texas 76011 RACE Caucasian
(b) The undersigned is: (Cl~ck Om)
rl (1) A SINGLE PROPRIETORSHIP ~[~X (3) A CORPORATION ORGANIZED IN THE STATE OF
TEXAS
[] (2) A PARTNERSHIP (4) OTHER ORGANIZATIONS ~D~cr~)
(C) The name, title and address of the owner, partners or officers of the undersigned are:
NAME TITLE ADDRESS
SHIRLEY J. BUTLER PRESIDENT 1901 Stadium Oaks Ct., Arlington, T
BRENDA HART SECRETARY 1901 Stadium Oaks Ct., Arlington, T
ROBERT B SHELTON VICE PRESIDENT 1901 Stad~n Oaks Ct., Arlington
C-I
(d~ Listthe names andaddresses ~ all~herpemons having asubsta~ialintemstinthe undersigned andthe n~ure ~the
i~ere~:
NAME ADDRESS NATURE OFINTEREST
NONE
(e) List the names, address and trade classifications of all other building construction contractors in which the undersigned
has a substantial interest:
NAME ADDRESS TRADE CLASSIFICATION
NONE
v ^vpp~m~ ' T NE
........... (don~to'r)
Date 10/31/95
Shirley/~, President
C-2
U,S, DEPARTMENT OF HOUSING AD URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Appropriate Recipient): C.rlY OF DENTON DATE
c/o BARBARA ROSS, COMMUNITY DEVELOPMENT OFFICE PROJECT NUMBER (~any)
PROJECT NAME
1. The undersigned, having executed a contract with
for
(N~ o! World)
in the amount of $
in the construction of the above-identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract:
(b) Neither he/she nor any firm, corporation, partnership or association in which he/she has a substantial interest is
designated es an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b} of the
Regulations of the Secretary of Labor, Part 5 (29 CFR, Port 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as
amended (10 U.S.C. 276a-l(a)),
(c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontract or any
firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an
ineligible contractor pursuant to the aforesaid regulatory of statutory provisions,
2. He/She agrees to obtain and fo[ward to the contractor, for transmittal to the recipient, within ten days after the execution of
any lower subcontract, a Subcontractors Certification Concerning Labor Standards and prevailing Wage Requirements,
executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about
3, He/She certifies that:
(a) The legal name and the business address of the undersigned are:
FED ID OR SS #
RACE
(b) The undersigned is: (¢~ck
~1 (1) A SINGLE PROPRIETORSHIP I I"1 (3) A CORPORATION ORGANIZED IN THE STATE OF
~-] (2) A PARTNERSHIP I [] (4) OTHER ORGANIZATIONS
(C) The name, title and address of the owner, partners or officers of the undersigned are:
NAME TITLE ADDRESS
C-3
(d) List the names and addresses of all other persons having a substantial interest in the undersigned and the nature of the
interest:
NAME ADDRESS NATURE OF INTEREST
(e) List the names, address and trade classifications of all other building construction contractors in which the undersigned
has a substantial interest:
NAME ADDRESS TRADE CLASSIFICATION
(Contractor)
DATE
By
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF CONTRACTOR/SUBCONTRACTOR REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
This certification is required pursuant to Executive Order 11246 (30 F. R. 1231-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subconuactots, shall state as an
initial pai-t of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract
subject to the equal oppommity employment clause: and, ff so, whether it has filed ail compliance reports due under
applicable insa'uctions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,
such bidder shall be required to submit a compliance ~oport within seven calendar days after bid opening. No
contract shall be awarded unless such report is submitted.
CERTIIqCATION BY BIDDER
NAME AND ADDRF~S OF BIDDER (include Z~ code)
KAYRENEE' , INC.
1901 Stadium Oaks Ct,
Arlington, Texas 76011
I. Bidder has participated in a previous conUact or subconu'act subject to the Equal Opportunity Clause. ~ Yes E] No
2. Compliance reports were required to be filed in connection with such conwact or subcontract. :1~ Yes [3 No
3. Bidder has f'ded all compliance repo~s due under applicable insa'uctions, including SF-100. ~F Yes [3 No
4. Have you ever been or are you being considered for sanction due to vioistion of Executive Order 11246, as
amended?
[3 Yes xJ~No
NAME AND TITLE OF SIGNER (Please type).
C-5
A COPY OF THIS FORM MUST BE SIGNED BY EACH PROPOSED CONTRACTOR
AND SUBCONTRACTOR.
CERTIFICATION OF PROPOSED CONTRACTOR/SUBCONTRACTOR
REGARDING SECTION 3 AND SEGREGATED FACILITIES
KAYRENEE' , INC.
Name of Prime Contractor B-93-MC-48-0036
or Subcontractor Project Name and Number
Morse Street Sidewalks, Phase 2
The undersigned hereby certifies that:
A) Section 3 provisions are included in the Contract
B) As contractor/subcontractor I agree to recruit new employees from the project
neighborhood. New hires will be tracked and information submitted to the City of
Denton for verification. NOTE: SECTION 3 COMPLIANCE INFORMATION
MUST BE SUBMITTED TO THE COMMUNITY DEVELOPMENT OFFICE, 100
WEST OAK STREET, SUITE 208. A BREAKDOWN OF SUBCONTRACTORS
AND EXISTING WORK FORCE MUST BE INCLUDED {SEE PRECEDING
FORMS).
C) No segregated facilities will be maintained.
SHIRLEY J. BUTLER, PRESIDENT
NAME AND TITLE OF SIGNER (PRINT OR TYPE)
~.~ , ,~,.x~ -- 10/3[/95
SIGNAT~ DATE
C-6
2263L
THE STATE OF TEXAS §
AFFIDAVIT OF RELEASE
COUNTY OF DENTON §
BEFORE ME, the undersigned Notary Public, on this day person-
ally appeared Cheryl W. Fox, who being by me duly sworn on her
oath deposed and said as follows:
My name is Cheryl W. Fox. I am competent in all respects to
make this affidavit. I am a student of Texas Woman's University.
I am interested in participating in a practice work assignment
under the guidance of officers and employees of the City of
Denton. The practice work assignment will be of great benefit to
me, because I believe that it will enhance my knowledge.
I am aware that Texas Woman's University, my sponsor, has an
agreement with the City of Denton. A copy of the agreement is
attached with my signature thereon. I have read the agreement, I
understand it and, I agree to comply with all its terms and
conditions. Further, I hereby agree to hold the City of Denton
harmless for any injuries that I may suffer during my practice
work assignment. However, I intend to reserve all legal rights
against any employee for any misconduct outside the scope of his
employment.
SUBSCRIBED AND SWORN TO BEFORE ME, on this the day of
March, 1988, to certify which witness my hand and official seal.
STATE OF TEXAS
AGREEMENT BETWEEN
TEXAS WOMAN'S UNIVERSITY
and
CITY OF DENTON PLANNING DEPARTMENT
BUILDING INSPECTIONS/PUBLIC WORKS
Texas Wom.~tn's University, hereinafter referred to as the Sponsor, and the
CITY OF DENTON PLANNING DEPARTMENT /BUILDING INSPECTIONS/PUBLIC WORKS
hereinaft~,' referred to as the Host, hereby mutually agree for the purpose of participating in
a practice work assignment for undergraduate or graduate credit as follows:
1. The Sponsor will a~.~ign students and will direct those mutually agreed upon by Sponsor and
Host tu report to the Host.
2. The Host shall provide the students assigned tm them by the Sponsor wit~ access to the work
situ and to appropriat~ files and reference materials for thcJr use in conducting studies
and research related to the liost's minion and to their acr, Aemic curriculum.
, 3. The Host shMl provide orientation in their agency's minion and shall provided advice and
guidance in the selection of a project and assistance and guidance in carrying out this
projec,t.
4. The project selected will emphasize work disciplines and basic job skills since a
fundnmental objective of this agreement is to increase the employability of the Students
through work experience.
5. The students assigned shall not produce any services for the Hos: ~aD~d shall not perform
work which would normally be performed by an employee of the Host except ~ an
incidental part of and directly related to the completion of their research project or study.
6. The students a.~igned under this agreement are not the Host's employees and an employer-
employee relationship shall not exist between the Student and the Host, Therefore --
a. Students a.~igned under this agreement are not covered by the Heat's Employee's
Compen~_tiOn Act or other workmen'$ compenasAian program~.
b. The students under this program are not considered the Host's employees for purposes
of any Statutes administered by the Civil Service Commission and they do not obtain
Host's employee status.
c. Students ate eot eligible for unemployment compans~tion ~ the Hosts's employees
under Title XV of the Social Security Act.
d.' No claim shah be made against the Host regarding wages for the students' services.
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 19 day of
DECEMBER A.D., 1995 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through RICK SVEHLA
thereunto duly authorized so to do, hereinafter termed "OWNER,,. and
LAYNE-TEXAS
5734 AMERICAN LEGION ROAD
TYLER, TX 75708
of the City of TYI~R , County of SMITH
and State of TEXAS
, hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1815 - PLUGGING AND ABAND~T OF WATER W~L¥.~ NO.4~ 6~ 9 AND 10
in the amount of $88,710.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGINEERING 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 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:
ATTE ST:
CONTRACTOR
:v /et / Tex,~ 7~-?o ~
MAILING ADDRESS
?03 -
PHONE NUMBER
?~'3- 5'?7-qz/~
FAX NUMBER
PRINTED NAME
AAA0184~
Rev. Q~/28/94
CA - 3
Bond No. U~641730
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That TaYNE-TEXAS
, of the City of ~.R,
County of SMITH , and State of TEXAS
as PRINCIPAL, and UNI75D PAOIFIC INSUR^NC5 COMPAN¥
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the T~E CITY OF DENTON
as OWNER, in the penal sum of EIGHTY EIGHT THOUS~NI) SEUEN HUNDRED AND
TEN and no/100 ...... Dollars ($ 88,710.00 ) 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 19 day of DECEMBER ,
19.95 , for the construction of BID # 1815 - PLUGGING AND ABANDONMENT
OF WATER WELLS NO.4~6,9 ~ 10
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 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 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 - 1
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 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 29th day of December
19 9~ .
~¢~/e-- ~/~ UNITED PACIFIC INSURANCE COMPANY
/ Principal Surety
Title ~fg~/Ob /////~,"~,¢~_~/~ Title Melissa D. Evans, Attorney-in-Fact
Address: 5~/~¢ /~;'~C,f~'(3~¢~'//,¢~,;¢',',//~~- Address:
~/~r. ~(~2¢ Z-~Z~ 4 Penn Center Plaza
Philadelphia~ PA 1910~
(SEAL) (SEAL)
The name and a~,ess ~t~he/Resident Agent of Surety is:
Countersignature: ~_.~'
TX Resident Agent Sharen Sto_~_u?e~
14505 Torrey Chase Blvd,, Suite 201, Houston, TX 77014
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
Bond No, U2641750
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That LAYNE-TEXAS of the City of TYLER
County of SMITH , and the State of TEXAS ,
as principal, and UNIISD PACIFIC INBURAN05 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
EIGHTY EIGHT TI{OUS~/qD SEVEN }{UNDRED TEN and no/100 Dollars ($ 88,710.00 )
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 19 day of DECEMBER
19 95 .
BID # 1815 - PLUGGING AND ABANDONMENT OF WATER WELLS NO. 4,6, 9 and 10
to 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 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 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 29~h day of Oecembgr
19 95
P~e-~ ~e ~ UNITED PACIFIC INSURANCE COMPANY
'/Principal Surety
Title ~;h ~&ff Title ~elissa b. Evans, Attorney-in-Fact
(SEAL) (SEAL)
The name and address of the Resid.ent Agent of Surety is.
TX R~stdent Agent /~/
14505 Torrey Chase Blvd., Suite 201, H~ton, TX 77014
AAA0184D
Rev. 07/28/94
PB - 4
RF~IANCE SURETY COMI~ANY RELIANCE INSURANCE CO~PANY
U1NI'I'~iI) PACIFIC INSURANCE CO1V[PANY RELIANCE NATIONAL I1NDEbI/NTrY COMYANY
ADMINISTRATIVE OFFICE. PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a concretion duly organized under the laws of the State af DeS-
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly orger~zed under the laws of
This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY,
REUANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provi~on= are now in full force and effect, re,ding as fo~lows:
ART1CLE '~ql - [X[C1.JT1QN OF SC}NOS AND UNDF..qTAXINGS
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 6,
1995.
R~LIANCE SURETY COMPANY
O ILELIANC£ ~SURANCB COMPANY
STATE OF Penns~4vania }
COUNTY OF Philadelphia } ss.
On this, March 6, 1995. before me, Valencia Wortham, personally appeared Char[e. B. Schmalz, who acknowledged himself to be the Executive
Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific insurance Company. and
ReEence National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
NOTARIAL SE.AL
VALENCIA WORTHAM. No~ Public
Nota~ PubEc in and for the State of Pennsylvania
]. Anita Z~ppart, Secretary of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMN[TY COMPANY do hereby cert[fy that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies. which is still in full force and effect. DEC ~ ~",~ i~95
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this --~¢t,~/~ 9 __
IMPORTANT INFORMATION
FOR TEXAS POLICYHOLDERS
TO OBTAIN INFORMATION OR MAKE A COMPLAINT, YOU MAY CALL
OUR TOLL-FREE TELEPHONE NUMBER
1-800-262-1113
ALSO
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
PO BOX 149104
AUSTIN TX 78714-9104
FAX (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should contact your agent
or the company first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
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 herein. If an apparent Iow bidder fails to
comply strictly with the insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without 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 as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shall be issued by a company authorized to do business in
the State of Texas with an A.M. Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared in the bid
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its
REVISED 10/12/94
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
· Liability policies shall be endorsed to provide 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 insurance applies separately to each insured
against whom claim is made or suit is brought. The inclusion of
more than one insured shall not operate to increase the insurer's
limit of liability.
· All policies 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 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 give 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 providing 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 Liability 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 evidence of reinstated coverage as required by
this contract, effective as of the lapse date. If insurance is not
reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
AFFOOBAI
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
IX] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than __
$1,000.,000 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AFFOOBAI
REVISED 10/12194
insurance Requirements
Page 4
[x] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000 either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
[x] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a 9500,000 policy limit for
occupational disease. The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AFF00BA!
REVISED 10/12/94
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided. Such policy shall include 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 basis for extra hazardous
contracts and specific service agreements. If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications,
AFF00BAI
REVISED 10/12/94
Insurance Requirements
Page 6
ATTACHMENT 1
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project- includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This includes, 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 provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor providing services
on the project, for the duration of the project.
AFFOOBA 1
REVISED 10/12/94
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
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 beginning work on the
project, so the governmental entity will 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
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified
mail 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 notice, 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 lack of coverage.
AFF00BA!
REVISED 10/12/94
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401.011 (44)
for all of its employees providing services on the project, for the
duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage 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 provide 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, within 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
AFFOOBA1
REVISED 10/12/94
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 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 Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, 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 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.
AFFGOBAI
REVISED 10/12/94
~'~ ............ ~ .................................................. ~'"~ ...................... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER 71 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lockton Coapanies HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.0. Box 419351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Kansas City Mo 64141-6351 COMPANIESA~OBDIN~O3~EBAG~
(913) 676-9000 COMPANY
A RELIANCE NATIONAL
iNSURED 519 COMPANY
LAYNE-TEXAS B
a division of La~e, Inc. COMPANY
5734 AMERICAN LEGION ROAD C
TYLER TX 75708-9147
10°~ANY
CO TYPE OF INSURANCE POLICY NUMBER ~[;~/~C;y~ ~ ,~(~I~N ! LIMITS
LTR GENERAL LIA"IUTY I ~*,N,RAL A~. REGAT~
, 2,000,000
A CO~MERCIALGENERALLIAglL[TY NGB 0121851 05/0[/95 05/01/96 ~ROOUCTS-CO~P/OPA~G
OWNER'S & CONTRACTOR3 PROT ~; ~AO~one ~_ 250,000
A ~ANYAUTO N~ 0~21852 05/01/05 05/01/96
I
(Per
,
"1 ~NV aUTO NOT APPLICABLE r
[~c~cu~uuc[ _~ XXX~XXX~XXX
~ ~ UMBRELLA FORM [ N0T APPL~CA"LE i xxxxxxxxxx
m E.[o~.. LIABILITY ~EL EACH ACCIDENT ~ 2. 000,000
I I
RE: BID ~1815 - PLUGGING AND ABANDONMENT OF WATER WELLS NO. 4, 6, 9 & 10. CERTHOLDER, ITS
OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ARE ADDTL INSDS ON A PRIMARY COV BASIS AS RESPECTS
LIAB COV AND SUBROGATION IS WAIVED FOR THIS PROJECT, ONLY AS REQUIRED BY CON.CT.
CZ~ 0F DENTON EXPIRATION DATE THEREOF, THE iSSUING COMPANY WILL ENDEAVOR TO MAIL
215 E. HCK[NNEY STREET ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
DENTON, TX 7620[ BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
,UTHORIZED REPRESENTAT'VE
BID # 1815
BASE BID
1 R~memove pump from Well #9, pull and $ 25,430.00
remove any removable casing, plug L.S.
and abandon well with Class A
cement grout, demolish well head
slab foundation and cut off casing
approximately 3 feet below grade
surface. Includes disposal of all
demolished materials including well
head foundation, steel casing, and
the pump removed from the well.
2Remove steel plate cap from Well 22,000.00
#10, pull and remove any removable L.S.
casing, plug and abandon well with
Class A cement grout, demolish well
head slab foundation and cut off
casing approximately 3 feet below
grade surface. Includes disposal
of all demolished materials
including well head foundation and
~ ;teel casing. ~ ~
3 Remove pump from Well #4, pull and L.S. $ 26,150.00
remove any removable casing, plug
and abandon well with Class A
cement grout, demolish well head
slab foundation and cut off casing
approximately 3 feet below grade
surface. Includes disposal of all
demolished materials including well
head foundation, steel casing, and
the well
the pump removed from · ~ ~
4 Remove steel plate cap from Well L.S $ 22,960.00
#6, plug and abandon well with
Class A cement grout.
TOTAL BASE BID ~oL~NT 96,540.00
(Sum of Items 1,2 3 & 4) $-
· See attached letter.
P-3
BID # 1SiS
ALTERNATE BID ITEMS ~
Item Descript {on Quantity Total
LS Price
5 Deduct for not demolishing L.S. $ (2,830.00)
~ell head and pump foundation
for Well #9 and for not
cutting off casing
approximately 3 feet below
grade and disposal of same
demolished materials. _____ ---------------
6 Deduct for not demolishing L.S. $ ( 2,500.00)_
well head and pump foundation
!or Well #10 and for not
cutting off casing
approximately 3 feet below
grade and disposal of same
demolished materials. ~ ----------------
7 Deduct for not demolishing L.S $ _ ( 2,500.00)_
well head and pump foundation
for Well #4 and for not
cutting off casing
approximately 3 feet below
grade and disposal of same
demolished materials. ~ -------------- --
8 Additional cost for L.S. $ 33,450.00 _
demolishing booster pump
building and foundation and
the concrete slab for the
ground storage tank for Well
#9 and disposal of same
demolished materials. ~ --------------
9 Additional cost for L.S. $ 33,250.00
demolishing booster pump
building and foundation and
the concrete slab for the
ground storage tank for Well
#10 and disposal of same
demolished materials. ~
P-4
BID # 1815
BID SUMMARY
TOTAL BASE BiD PKICE 1N WOP`DS FOP. ITEMS 1, 2, 3 and 4:
Ninety-six thousand five hundred forty dollars and no/1OO
In the event of the award of a contract to the undersigned, the undersigned will furnish a performance
bond and a payment bond for the full amount of the contract, to secure proper compliance with the
terms and provisions of the contract, to insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when fully completed and
finished in accordance with the plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this proposal have been carefully checked
and are submitted as correct and final.
Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions.
The undersigned agrees to substantially complete all work covered by these Contract Documents
within 12o consecutive calendar days from the day established for the start of the work, as set forth
by the execution of the contract agreement.
Layne-Texas, a Division of Layne, Inc. _
CONTRACTOR
Donald K. campbellt Bran~ Manaqer -
5734 American Legion Road
Street Address
Tyler, TX 75708
City and State
Seal & Authorization 903-592-6177
(If a Corporation) Telephone
B-1
State of Texas )
KNOW ALL MEN BY THESE PRESBNTS=
County of Denton )
s agreement, made and entered this ~day of
1996, by and between the City of Denton, Texas, a
municipal ~rporation located in Denton County, Texas, and
incorporated as a home rule city under the Constitution of the
State of Texas, hereinafter referred to as "City", and New York
Life Insurance Company, a New York Mutual Insurance Company, with
offices at 5100 Madison Avenue, New York, New York 10010,
hereinafter referred to as "Contractor."
WITNESSETH~
That the parties hereto, in consideration of the covenants and
agreements herein contained to be kept and performed by both
parties, do hereby agree, covenant and contract as follows:
me
City hereby agrees to purchase from Contractor and Contractor
hereby agrees to sell to City fully insured life and accidental
death and dismemberment insurance in accordance with City's Scope
of Specifications & Instructions, Bid Submission Form, Sample
Contract and other documents constituting city's "Request for Bid
No. 1824"; Contractor's Bid referred to as "This Group Insurance
Program"; and Group Policy Number G-11638 which are hereby made a
part of this contract and incorporated herein for all purposes.
II.
The parties agree this policy of insurance shall become
effective February 1, 1996, and unless earlier cancelled per the
terms of this contract, shall terminate January 31, 1997, at the
rates guaranteed in Contractor's "Employee Benefits Proposal" dated
November 30, 1995, contained in Contractor's Bid.
III.
Should a conflict arise between the terms and provisions of
the City's "Request for Bid No. 1824" (including but not limited to
the sample contract contained therein) and Contractor's Bid
(including but not limited to Policy No. G-11638), the terms and
previsions of the City's Request for Bid No. 1824 will prevail.
IV.
The Director of Human Resources or such other agent designated
by the City Manager is hereby authorized to carry out the terms of
this agreement in behalf of the City and Luke M. Grazzaffi
shall be the agent authorized by Contractor to carry out the terms
of this agreement in behalf of the Contractor unless Contractor
advises City in writing of a substitute agent.
EXECUTED this ~~ day of ~ 1996, A.D.
City of Denton, Texas New York Life Insurance Company
MAYOR OR CITY MANAGER Title: ~/~o,~~ ~-Z~,~.~*~
ATTEST: ATTEST:
~enni~er Walters, Title:
City Secretary
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
APPOOA75.Wp5