1995-196AN 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
1796 DBR Construction Co. $95,767.00
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all 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.
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~A~'' day of O~ ,1995.
BOB CASTLEBERRY, M~ ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP~OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
DATE: OCTOBER 3, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1795 - CHAbIBERS STREET DRAINAGE
RECOMMENDATION: We recommend this bid be awarded to the low bidder, DBR
Construction Co., in the total amount of $95,767.00.
SUMMARY: This bid is for all labor and materials necessary in replacement of
approximately 1,117 linear feet of 24"~and 131 liner feet of 18" storm sewer in the
Chambers Street area.
Five bid proposals were received in response to sixty-five notices to bid mailed to
prospective vendors.
BACKGROLrND: Tabulation Sheet, Memorandums from Barbara Ross dated 9-12-95,
and David Salmon dated 9-11-95.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Engineering Department,
Community Development Department, Citizens of Denton living in the Chambers
Street area.
FISCAL IMPACT: Budgeted Funds for Community Development for 1996.
Re ectfully submitted:
rlo -d-V.
City Manager
Prepared by:
Name: Denise Harpool I
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
643 .a~enda
- ~rr~ 1.3 ;'; ~I: qO
ClTY OFDENTON, TEXAS IOOWESTOAK · SUITE208 o DENTON, TEXAS78201 o (817)383-7726 o FAX(817)383.2445
Community Development office
MEMORANDUM
TO: Tom Shaw, Purchasing Agent
FROM: Barbara Ross, Community Development
DATE: September 12, 1995
SUBJECT: Chambers Street Drainage Bid
Based on the attached recommendation by David Salmon, the Community Development Office
would like to accept the bid of DBR Construction for the Chambers Street Drainage project.
Please call me at extenstion 7234 if you have questions or need additional information. Thank
you.
Barbara Ross
xc: David Salmon, Engineering & Transportation
"Dedicated to Quality Service"
CITY of DENTON, TEX~S MUNICIPAL BUILDING · 215 E. McKINNEY · DENTON, TEXAS 76201
MEMORANDUM (817) 566-8200 · DFW METRO 434-2529
DATE: September 11, 1995
TO: Barbara Ross, Community Development Administration
FROM: David Salmon, Senior Civil Engineer
SUBJECT: Chambers Street Drainage
Bids were opened on the above mentioned project on Tuesday,
September 5th. The bids have all been checked for accuracy and
correctness. The iow bidder is DBR Construction at $95,767. Our
estimate for the project was $103,501.50, so it appears that DBR's
price is reasonable.
DBR has completed many similar projects for the City of Denton with
satisfactory results. We recommend that DBR Construction be
awarded the bid.
Senior Civil Engineer
AEE005BE
"Dedicated to Quality Service"
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 3 day of
OCTOBER A.D., 19 95 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V. HARRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DBR CONSTRUCTION CO.
P.O. BOX 828
DENTON, TEXAS 76202
of the City of DENTQN , County of
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in thc bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1796 - CHAMBE~ STREET DRAYAGE
in the amount of $95,767.00 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
CITY' ~ F ~ t CN
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.
IndeDendent 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, emplo~ees,.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 tinL~
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.
/fi'' T~-- ow~.~p/' , // ~
(SEAL)
ATTEST:
MAILING ADDRESS
- .
(SEAL) _
AAA0184D
Rev. 07/28/94
CA - 3
BOND PREMIUM BASED ON PERFORMANCE BOND
FINAL CONTRACT PRICE
STATE OF TEXAS $ BOND NO. 597373
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That DBR
..... , of the City ~f D~N . ..
· County of D~ , and State of ~xam . .
as P~NCIP~, and . Capitol Inde~it~ Corporation
, as S~Y, authorized ~der the laws of
the State of Texas to act as ~urety on bonds for principals, are
held and fi~ly bound unto ~e ~ c~ oF
as o~, In the ~enal ~ of Nx~-~.~ F~ ~ous~
~ and ~o/10o--- Dollars (~ 9S.767.o0 ) for the
pa~ent whereof, ~e said PrfncfDal and Surety ~fna themselves,
th~i~ hai~s, a~inistrators, executors, successors an~
jo~tly and severally, by these
WHEREAS, the Principal has 'entered into a certain written
contract with ~he OWNER, dated the ~ day of ~c~o.~ ,
19, 95 , for the construction of BID ~ 1796 -- C~%MBER$ ~TREET ~AINAGE
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 oft his 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
cont~a~t 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 ~hall be voldj oth~rwi~ ~o ~main in fUll force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Gover~ment Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on thi~ bond uhall be
determined in accordance with said provisions to the ~ame ext~nt as
if they were copied at length herein.
PB- I
PROVIDED FURTHER, that if any legal action be
bond, venue shall lis in Denton County, State of
Surety, f.or value received, ~l~ulates an~ agrees ~a~ no
change, e~hs~on o~ ~lme, al%station or addition to the te~ of
the contract~ or to the work ~erfo~ed ~ere~der~or ~e plans,'
specificat~onsj or drawings ac~mpanying the same, shall in an~ way
affec~ its obl~gation on %hie bond, and it does her~y waive notice
of any such change, extension of time, alteration or addition to
the te~s of the contract, or to the work to be perfo~ed
thereunder.
IN WITNESS ~OF, the said Princ~l and Surety have s~gned
and sealed this ~nstr~e~t this 1~ day o~ October
~9~5 .
~rinct~ - ' .... - ....
'r i ~ I~~%3-~a c t "<
I/~~-
Address~ P.O. Box 828 Address: P.O. Box 5900
_ Denton~ Texas 76202 J _ Madison~ W. isconsin 53705-0900
..... .
'~,~'~_ ~ '..~--
, ~_ · o ~,. ' (S~)
V.R. D~mfano, Jr.
1777~ Preston Road, Dallas, Tex~s 7~2~2
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PS -. 2
BOND PREMIUM BASED ON PAYMENT BOND
FINAL CONTRACT PRICE
BOND NO. 597373
STATE OF TEXAS
cOUNTY OF DENTON
KNOW ALL MEN BY TRESE PRESF_NTS: . That DSM CON~TaUC~ON ' CO.
of the City of ~ -
County o~ D~F~ON -- '
- _, and the State o~ . Tmu~
as principal, and CAPITOL INDEMNITY CORPORATION ' ·
authorized U?der the laws of the State of Texas to act am
bonds for Principals, are held and firmly bound unto
TBE CITY OF DENTON
-- ~, OWNER, in ~he ~enal sum
~,~ ~yaen~ wnereo£, the' ~aid Princl-al a-' ' - - -'-
themsel.ves and .their he*rs, administrators, executors
and ass~.gns, Jointly and ~ev~ral v. h= ~ ......... , successor~
, =ne Principal has entered into a certain written
contract with the Owner, dated th~ _~ day of _
~iD l~9r, - c~Im~m~s ST~am~
to whlch contract ls hereby referred to and made a part hereof as
fully and to the same e~ent as ~ copied at le~ here~n,
NOW, TH~FO~, THE CO~ITION OF THIS OBLIGATION IS SU~,
that if the said Principal ~hall pay all claimants SUpplying labor
and material to him or a subcontractor tn ~e prosecution of the
work provided for tn said contract
Void, o~e~Ise to r ~_ ,_ _ , then th~s ob~ at,on
PROVIDmm, HOW~ -- -
. ,uny amended), a~d -~ -~ ....... ~u~ unapter 2253 (Vernon,
they were co~ ~ -~ ~ ...... ~ ov~slons to the same extent as
PS - 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 tire work performed thereunder, or the
specifications, or drawings accompanying the same, sh&11 in any way
affect its obligation on ~ls bond, and It does hereby waive
of any such change, e~ension of tim~, alteratLon or addition
the te~s of ~e contract, or to the work to be perfo~ad
~ereunder.
IN WI~ESS ~EOF, the said Principal and S~ety have
signed and sealed this inst~ent ~is _.18th day of October
DBR CONSTRUCTION CO., INC. CAPITOL INDEMNITY COR?,,~_' q~.~.r.
....
// James V. Damia~.'~:'
Title President TI~ Attorney-in-Fact
Address= P.O. Box 828 Ad~ess:_ P.O. Box 5900
Denton, Texas 76202 Madison, Wisconsin 53705-0900
"~,~ ... ~,,
The name and address of ~e Resident Agent of Surety
V.R. Damiano~ Jr.
17774 Preston Road, Dallas, Texas 75252
AAAOI~4D
~&v. 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS S BOND NO. 597373
COUNTY OF DENON $
KNOWALL ~ENBY THESE PRESENTS: That ~RCONiTRUCTIONCO.
_ eS Principal, and .CAPITOL I~EM~ITy.~0RPORATi0N
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themse}¥es to be held and bound to
pay unto the City of Denton, a Municxpa! Corporation of the
~f Texas, its successors and a~si-ns a~ ,__~ ............
.... ~ .~ =ne P~Taen~ o~ wn~c~ ~um said prin¢l al and surer
ao.nereny ulnd themselves, their succe- ...... ~ --~ ........
an~ severally. ~o~,~ ~.u a~x~ns, 3oln~Ay
This obligation is conditioned, however, that:
W~IE~.AS, said~DBRCONSTRUCTIONCO.
has thim day entered into a written 'contra~t with the''said city
of Denton to build and construct ~ID ~. 1796 - C .HA~S STREET D~/NAGE
auop=e? Dy~e Czty of Denton ar ............ ,
said c~t and are her ~ ..... y__,~ ~iled wit9 .th? City Secretary of
__. ___ Y _ _ eyz ~Ap&~ xncorpora=e~ aerexn b referenc
eno maae a arc n Y . e
~ ...... P. e~o£ as though th~ same were written and sat out
~ xuA~ nerexn,
WHERF. AS~ under the sa%~ 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) ~ear from the date o~ accep~an=s 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
const~ucting the same or on account of ~mproper excavation or
~ackf~lling, 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 imp~ovements 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
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, ~f the said Contractor shall perform ~ts
agreement to maintain said construction and keep same in repair for
~he 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
recoverie= may. be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
_h~a.v~e__b=e.e_n ?xhau?t.ed: and. it is further understood that the
uo~gau~on to maintain ~aid work shall Continue throughout said
intenance period, and the same shall not be changed, diminished,
in any manner affected from any cause during said time.
IN WITNESS W~EREOF, the ~aid DBR CONSTRUCTION CO., INC.
as Contractor and Principal, has caused there presents to be
e~ecuted by Don Richards, President
and the said CAPITOL INDEMI~I.T.Y.. CORPORATION ,
a~ surety, has caused the~e presents to be executed by its
Attorney-in-Fact ._ James V. Damiano
and the said Attorney-in-Fact has hereunto set his...~...a.,~ this. 18th
day of October _, ~9. 95
'.. ~ '. ~_ W~e~ W.~amlano Don Richards
k. ~3 ~~,~'1~' Fa ct President
AAA0164D
8er. 07728/94
MI~ - Z
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'Fi'ACH THIS NOTICE TO YOUR POLICY:
This notice i~ for information only and does not become a part or
condition of the attached document.
4610 UNIVERSITY AVENUE, SUITE 1400. MADISON, WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P O BOX 5900, MADISON, WI 53705 0900
PHONE (608) 231-4450 · FAX (608) 231-2029
POWER OF ATTORNEY No: 3 7 6; 0 8 3
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint
....... V.R. DAMIANO, JR., JAMES V. DAMIANO, CHERYL L. HUMPHREY OR SHANE A. HUMPHREY ..............
its true and lawf¢ Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act
and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract
of suretyship executed under this authority shall exceed in amount the sum of
................................. NOT TO EXCEED $5,000.000.00 .......................................
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
held on the 5th day of May 1960:
"RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting indiwdually or otherwise, be and they hereby are granted
the power and authorization to appoint by a Power of Attorney for the purposes only of execubng and attesting bonds and undertakings, and other
writings obhgatory in the nature thereof, one or more resident vice-presidents, assmtant secretanes and attorney(s)-in-fact, each appointee to have
the ppwers and du1~es usual to such offices to the bus~ness of this company; the signature of such officers and seal of the Company may be affixed
to any such power of attorney or to any cemflcate relating thereto by facsimile, and any such power of attorney or cedfl~cate bearing such facsimile
s~gnatures or facsimile seal shall be valid and bindin..g upon the Company, and any such power so executed and certified by facsimile signatures and
facsimile seal shall be vahd and binding upon the L. ompany in the future with respect to any bend or undertaking or other writing obligatory in the
nature thereof to which ~t is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1993.
CAPITOL INDEMNITY CORPORATION
Attest:
~ CORPORArU ~ Fait. President
V~rgthne M Schulte. Secrelary ~ Geor
~> SEAL.
STATE OF WISCONSIN ~ '--///,'v,sco,~'~
GOUNTY OF DANE
On the 1 st day of June, A.D., 1993, before me personally came George A Fait, to me known, who being by me duly
sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of
CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
STAT[ OF WISCONSI~ ~,~
Peter E. Hans
COUNTY OF DANE ~ ~ Notary Public, Dane Co., WI
.~z .4~v,o~ ~. My Commission is Permanent
?//llllllllll~i~%~
CERTIFICATE
I, the undersigned, duly eleoted to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this oertificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in fuel force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set fodh in the Power of Attorney is now in force.
Signed and sealed at the City of Madison. Dated the t8th day of Octobe~ ,19 95
~ S~ A~ ~ er, treasurer
This power ~s vahd only il tho power of atlorney number pnntod in lhe upper nght hand corner appoars in rod Photocop~os, carbon cop~es or
09:01 RAMEY & KING TEL:I 817 243 1050 P. O01
~MPANIES ~ING
~ ~
~,~ ~. ~"~'~ .......... ~ · . ~ ......
~'~'"'~ ....................... {i ....................................
~ ~ ~ ['~'~';"~"~ .......... li .... , ~:~> .......
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
AAA030F5
CI- 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
® Liability 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.
AAA00350
,~v~s~o ~o/~2~4 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with 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.
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CI - 3
Insurance Requirements
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IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than 500,000 either in a single policy
or in a combination of basic and umbrella or excess policies. The policy will
include bodily injury and property damage liability arising out of the operation,
maintenance and use of all automobiles and mobile equipment used in
conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
[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 I 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
AAA036F5
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.
AAAO0350
~v~s~o ~o~2/~ Cl - 5
Insurance Requirements
Page 6
ATTACHMENT I
[X] 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.
AAA036F5
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.
AAA00350
REVISED 10/12/94 CI - 7
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
AAA00350
.~ws~o ~o/~/~ 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 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 e~titles the governmental entity to
declare the contract void if the contractor, does not remedy the breach
within ten days after receipt of notice of b'reach from the governmental
entity.
AAA00350
.~v~s~ ~o/~/~,~ CI - 9
WORK DAYS 50
BID NO. 1796
CHAMBERS STREET DRAINAGE PO NO.
BID TABULATION SHEET
I
ITEM I DESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL
Unit Price In Words: .-.~J /? A-.~.~ //J"5 /'~ '
2.12.3-B 18" Class IV RCP 75 LF $
Unit Price in Words: ~(>!~'~'.. ~/ ~.'~'i~'A'; '~' ~/~ ~ ~ -
Unit Price ~n Words: < / /: } /~. ~¢. ~ ~ _~ -
3-B [ Remove Concrete Curb &
Gutter
Unit Price in Words:
7.6.A-1 4'X4' J~ction Box ~d 4
Cover
Unit Price in Words: .,
7.6.A-2 4' Curb Inlet 2
Unit Price in Words:
7 6.A-3 ~ 6' Curb Inlet.
Unit Price ~n Words:
7'6'A-4 I 8' Curb Inlet
'-~ ' ' '
Unit Price xn Words: _/_- ~./ ~/~: - .=, -'
Unit Price ~n Words:
2.11.5 Inlet Frame and Cover 10
Unit Price ~n Words:
P - 3
WORK DAYS 50
BID NO. 1796
C~AMBERS STREE~ DRAINAGE PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT I UNIT PRICE
5 8-A 6" Concrete Pavement 8 Sy $ //,' c o /SY $
Unit Price in Words= _~;_~ ,g,_/~-~.~r-i.._ _ - - .
3-A Remove Concrete Pavement 8 SY $,,~¢ ~ /SY $
Uni~ Price in Words~ /~-¥~&~_ .~:'~:',~*--
SP-2 ~ Concrete Saw Cut 57 LF $ '~ ' ~ /LF $
Unit Price in Words: ~ '~ ~,-' ~-~; ~/ ~-, < ~ ~ ~J
SP-3 Reinforcing Steel 120 LB $, ?/" /LB ,
Unit Price in Words: '~/l~'i.- 4],~-J' "Z
Unit Price in Words: ( ,.t~_/, '.~ /, /,,.//~., ,..://" .> ....
8.15 Dry Rip Rap Type C 8 CY ~ $ ',,/'-",~/CY ' ' ' '
Unit
Price
Words:
SP-41 I Asphalt Saw Cut 2470
Unit
Price
in
Words:
3.9 Sod 380 SY $_j.~/'/' /SY $ .
Unit Price in Words: , C ,
--" .."";,
Unit Price in Words: . .--'~-/'~<~
SP-37 Excavation Protection 1097 LF $ '~ / ~' /LF $/.. ' ~.~ :-
Unit Price in Words: - (
'..f '? .(~ ... ~/'_ ~
P - 4
WORK DAYS 50
BID NO. 1796
CHAMBERS STREET DRAINAGE PO NO.
BID TABULATION SHEET.
sP-10 Rock Excavation 50 $ :~: ~.(~/~Y
Unit Price in Words: ~ ~' '-
~nd ~ndor~gand~n~
Way
8.1 Barricades, Warning Signs - LS $ .~ ~/:r c~LS $ .?/','." ," /
and Detours
Unit Price in Words:
P - 5
BID ~ 1796 BID SUMMARY
TOTAL BID PRICE IN WORDS **Ninety Five Thousand Seven Hundred Sixty
Seven Dollars and Zero Cents**
~n 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.
DBR Construction Company, Inc.
Street Address
Denton,TX 76202
City and State
Seal & Authorization
(If a Corporation) 817/383-3007
Telephone
B - 1
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF CONTRACTOR/SUBCONTRACTOR REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
This ce~.ification is ~:luired pursuant to Executive Order 11246 (30 F. R. 1231-25). The implementing roles and
regulations provide that any bidder or prospective contractor, or any of theft proposed subcontractors, shall state as an
initial part 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, if so, whether it has fried all compliance reports due under
applicable instructions.
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 compllaace report within seven calendar days after bid opening. No
contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
NAME AND ADDRESS OF BIDDER (include ZIP code)
1. Bidder__ ~h~,lr, ffticipated in a previous contract or subcontract subject to the Equal Opportunity Clause.
~' Yes [] No
2. Comp~lian~,l;~"reports were required to be f'fled in connection with such contract or subcontract. [] No
3. Bidder _~all compliance reports due under applicable instructions, including SF-100. [] No
4. Have you ever been or are you ~idered for sanction due to violation of Executive Order 11246, as
amended?[] Yes N~o
G,TE AND_~IZ[.E OF SIGt, tERAEkease type).
Replaces form HUD 4238,CWD-1, which B obsolete ItUD 950.1 (I1-78)
C-5