1995-188 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
1785 SOUTHWEST INDUSTRIAL CONSTRUCTORS $125,485
1798 DAVIS & HAWKINS, INC. $ 48,725
1799 JAGOE PUBLIC $542,209
1799 DICKERSON CONSTRUCTION $436,002
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 /~4~day of~,1995.
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAl'. FORbI-'
HERBERT 1'.. PROIJTY, CITY ATTORNEY
DATE: SEP'r]~IBER 19, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1785-ADDITION TO MUNICIPAL GENERATING STATION
RECOMMENDATION: We recommend this bid be awarded to Southwest Industrial
Constructors, the only bidder for the majority of the project, in the total amount of
$125,485.00.
SUMMARY: This bid is for all labor and materials necessary in the construction of
an expansion of the technician shop, turbine generator parts storage area, crew
training room and engineering staff work area. These areas have been outgrown by
the Electric Production Department. Construction will total 3,340 sq. ft. at a cost
of $37.50 per sq. ft.
Three bid proposals were received in response to sixteen notices mailed to vendors.
BACKGROUND: Tabulation Sheet, Jim Thune's memorandum dated September 6,
1995, Public Utility Board Minutes recommending approval.
PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED: Electric Production, Electric
Utility Department, Electric Utility Customers of the City of Denton.
FISCAL IMPACT: Funds for this project will come from 1995 budgeted accounts:
610-101-1011-3110-9201 and 610-101-1011-3140-9205.
~°Yd V-'~H~~Re~l~ctf~lly submitted:
City Manager
Prepared by:
Name: Denise Harpoo}
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
634 .A~ENDA
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City of Denton Utilities
1701 ASpencer Road · Denton~ Texas 76205 · (81% 365 - ~55, · Fax ~$1% 385 - -SSS
September 12, 1995
Tom Shaw
Purchasing Agent
City of Denton
Subject: City Council consent agenda item: Bid 1785 Addiuon to municipal gene?aung station
Dear Tom:
Please prepare a consent agenda item tbr the attached requisition # 156898. Support
documentation is provided as follows:
RECOMMENDATION:
The electric utility recommends executing a purchase order with Southwest Industrial
Constructors Inc. for construction of subject described thclhues. The Public Unhtv Board
approved this recommendation during the September I 1, 1995.meeting.
.': SUMMARY:
Spencer plant technician, storage and office t~.cility areas prov,de hnnted space and no longer
serve the needs of the division. Working with Alan Nelson Arch,tects. plans and spectficauons
were developed to upgrade these areas within the limaations of exIsting floor space. Construction
will include building a second level on the turbine floor of the existing building thereby doubling
usable floor space. Southwest Industrial Constructors Inc. thrmshed Iow bid lbr specified
....construction. The electric utility recommends executing a purchase order for construction of the
specified facilities
BACKGROUND
This t~.cilities upgrade project Ir'or the Spencer stauon revolves the tbllowing improvements'
Technician Shop -
The existing shop tilcilitv has long been to small/hr the x~ork reqmred \Vorkspace and
storage facilities for crmcal eqmpment and supplies hax e t*een msuffic,ent irbr the plant's
requirements. This construction will mcrease shop spnce so that the elecmcal and
~nstrument technicians will have adequate area to perform repmr work on the plant's
equipment. Reliability and utilization ofcriucal test equ,pment xtill also be m~pro~ed
Turbine Generator parts storage -
Repair material and supplies tbr the turbtnes and generators hax e been maintained m
Tom Shaw
Page 2
September 12, 1995
makeshift storage areas. Mmntaimng reliability and integrity of these areas has been
difficult due to the lack of permanent structures. Th~s construction will provide permanent
facilities to shelve and store critical components.
Crew Training room -
The existing crew training area is limited and does not provide adequate space for station
personnel to gather for group meetings. This construction will provide thcilines tbr group
meetings, training and safety sessions.
Engineering staff work area -
Present staffoffice space is limited and has required dispersion of personnel. This
construction will increase their space, centrally locate staff and allow shared utilization of
computers and other engineering resources.
Construction will be implemented in two stages. The first stage will provide the technician
facilities. The second stage will provide engineenng staff space and critical storage thcilities.
Existing floor space and perimeter wall's'will be utilized in the new construction. A second level
will be incorporated doubling the present utilization of available floor space within the building.
Construction will total 3340 sq. fi. at a cost of $37.50 per sq. ft.
FISCAL IMPACT:
Cost for the project was quoted at $125.485.00 from Southwest Industrial Constructors. Other
bids were received for portions of work insufficient to provide a completed project.
This item was included in the 1995 budget.
Please advise me ifaddit,onal material or ~ntbrmanon x~ould be helpthl tn prepa,'anon of this
matter tbr Council approval.
Thank you.
Jim Thune
~4a,m~3er. Electric Production Dw~s~on
cc:Bob Nelson
purchase lile rq 156898
PUB EXCERPT
September 11, 1995
1. CONSIDER APPROVAL OF BID #1785 FOR UPGRADE OF THE
SPENCER PLANT TECHNICIAN WORKSHOP, TURBINE
GENERATOR PARTS STORAGE, CREW TRAINING ROOM AND
PLANT ENGINEERING STAFF WORK AREA
Following extensive discussion and summary/background information provided
by Jim Thune. Norton made a motion to approve the bid with conditions
requiring specifics to the Executive Director for the proposed renovation to
meet ADA compliance, if applicable, establish proper emergency exits and
evaluate acoustical issues in compliance with OSHA standards. Giese seconded
the motion. All ayes, no nays, motion passed unanimously.
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 19 day of
SEPTEMBER A.D., 19 95, by and between
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
SODT~WEST INDUSTRIAL CONSTRUCTORS INC.
121 EXPOSITION ST.
DENTON, TEXAS 76205
of the City of DENTON , County of DENTON
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1785 - ADDITION TO MUNICIPAL ~R~R. RATING STATION
in the amount of $125,485.00 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 ELECTRIC PRODUCTION 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: ~
(SEAL)
ATTEST:
CONTRACTOR
~~l~t~~ 121 EXPOSITION STREET
DENTON, TEXAS 76205
~ILING ~DRESS
817-566-1899
PHONE N~BER
817-383-2066
FAX NUMBER
TITLE C.E.O.
T.E. STANEK.
PRINTED N~E
APPS0W TO (SEAL>
CA - 3
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
A FF001t^ I
REVISI;~D 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
REVISED I0/12/94
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 __
SZ,OOO,OOOshall 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 10/12/94
Insurance Requirements
Page 4
Ix] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than ~5oo,ooo either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
Ix] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation 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 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
AFFOOBAI
REVISED I0/12194
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.
AFFOOBA I
REVISED 10112194
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.
AFFOOBAI
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 !
I~¥|$ED 10112194
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
AFFOOBAI
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.
AFI~00BAI
REVISED 10/12/94
BID NUMBER I785 BID PROPOSALS Page
City of Denton, Texas 901.B Texas St.
Purchasing Department Denton, Texas 76201
ITEM DESCRIPTION QUAN. PRICE AMOUNT
t~E~N OFFIC~ ADDITION ~O '£ttt~ D~%FfON
~L~.~C ~TI'NG S~A~ION
SECTIONS
34302. 001534302
1. S~RU~I'ut~AL S~'EJ~L ~ CONCRetE ...........................
21318.00 21318.{
14050.00 14050.£
3. RIJ~"~RICAL S¥S~ INST~I.I~?ION .......................... 1 $
4. DRYW'AT.T., CEILINGS, DOORS, FRAMES HARDWARE, PRE-FINISHED 470 l
METAL SIDING ............................................ 1 $ $
5. PAINTING ................................................. 1 $4566.0 ~ 4566.¢
6. CARPETING AND FLOOR COVERING ............................ 1 $.~
This bid will be awarded by section to the iow bidder,
or as one ~nit, whichever is to the cities' best
advantage.
TOTALS 1-6: $125485.01
90**
Wo quoto tho abovo f.o.b, doli¥orod to Donton, lo×as. Shipmont can bo roads In days from ro¢oipt of ordor, lorms not/30
unlossothorwiaelndicatod. **NINETY DAYS TO COMPLETE PROJECT
In submitting the abovo bid, the vendor agroos that accsptanee of any or all bid items by tho City si Donton, lo×as within a
reasonable period o~ tiros eonstitues a contract, lbo complotod Bid Proposal must be properly priced, signod and rotumod.
121 EXPOSITION STREET SOUTHWEST INDUSTRIAL CONSTRUCTORS IN(
Mailing Address ~
DENTON, TEXAS 76205
Signature
817_56~1899 S~a,~ m, T.E. STANEK, C.E.O.
Telephone Title
PAODUOm THIS CER~OATE 19 IBSUID AS A MA~A OF INFOR~ON ~LY AND
~N~RB NO mG~ UPON ~E GER~fl~A~
~ O~ ~AB DOE5 NOT AMEND, ~ND OR AL~A ~E ~OV~GE AF~RDED BY
D~12as, TX 75240 ~MPANIE5 A~RDING COVE~GE
(2~) 385-992~
SO--ST Z~STRZ~ ~ C U.S. FIRE INS~CE CO.
CONSTRUCTORS, INC.
121 EXPOSITION ST.
~19 19 TO CER~ ~AT ~E ~CI~ ~ IN~CE U~D B~ HAVE g~ IEGUED TO ~E INgUR~ N~EO ~ ~ ~E ~UCY PERIOD
INDICA~O, ~ST~DING ~ ~QUIR~T, ~RM OR ~DmON OF ANY CON.CT OR 0~ D~UMENT ~ R~PECT TO
C~FICA~ MAY BE ISSU~ OR ~Y ~RTNN, ~E INSU~CE ~ ~ ~E POUGI~ D~9~D HER~N IS ~EOT TO ~ ~E ~R~,
~C~3~0N3 ~O C~DI~8 ~ SUCH ~Uo~ES. UMI~ SH~ MAY ~E 9~N REDU~ BY PAID C~IMS.
C~ ~o ~ ~7/01/95 07/01/96[~ ? 500,000]
C~EQUIPM~ FLTR u~o~ ~T/01/95 ~07/01/96~$50,000 RE~ a0,
BUILDERS ~ISK ~ PER DZSAS~K 2,000,000.
RE: Bid %1785. A~dltlon ~o M~toipal Generatin~ Station.
City of Denton, i~e ofEiciale, agente, ~ployeee and vol~eere are
to be n~ed as additional ineured ag regpe~te to Auto and General
Fax~ 817-383-7302
OCT 16 '95 15:34 214 7i52179 PRGE.001
PERFORMANCE BOND
STATE OF TEXAS § BO_N~. ~O.: 01~0051.09
COUNTY OF DENTON § · ~
KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL
CONSTRUCTORS, INC. , of the City of DENTON
County of DENTON , and State of TEXAS
as PRINCIPAL· and AMWEST SURETY INSURANCE COMPANY
· as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of QNE ~UNDRED TWENTY FIVE THOUSAND FOUR
HUNDRED EIGHTY FIVE and no/100 Dollars ($ 125,485.00 ) 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 SEPTEMBER ,
19 95 , for the construction of BID # 1785 - ADDITION TO MUNICIPAL~
GENERATING STATION
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 3rd day of October
19 95
SOUTHWEST INDUSTRIAL CONSTRUCIORS, INC. AMWEST SURETY INSURANCE COMPANY
Principal Surety
PAULINE L. LESCH
Title T . E . STANEK, C . E . 0 . Title ATIORNEY-IN-FACT
Address: Address:
121 EXPOSITION ST. P.O. BOX 11 50
D~VION~ TX 76205 LEWISV/LT.~., TX 75067
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
PCL CONTRACT BONDING AGENCY
206 EI~ ST., SUITE 105, LEWISVITZ.R, TEXAS 75057
NOTE: Date of Bond must not be prior to date of Contract.
AAAO184D
Rev. 07/28/94
PB - 2
PAYMENT BOND
BOND NO.: 015005109
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL
CONSTRUCTORS of the City of DENTON
County of DENTON , and the Sta%e of TEXAS
as principal, and AMWEST SURETY 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
THE CITY OF DENTON , OWNER, in the penal sum of
RDEItatTIf F and o/
ONE W3NDRED TWENTY FIVE T.OUSAND FOUR WJNDR Dot'ars (n~ ][9~,485.00 )
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 SEPTEMBER
19 95 .
BID # 1785 - ADDITION TO MUNICIPAL GENERATING STATION
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 3rd day of October
19 95
SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. AMWEST SURETY INSURANCE COMPANY
Principal Surety
PAULINE L. LESCH
Title T.E. STANEK, C.E.0. Title ATTORNEY-IN-FACT
Address: Address:
121 EXPOSITION ST. P.O. BOX 1150
DENTON, TX 76205 T.RWISV/T.T.~., TX 75067
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
PCL CONTRACC BONDING AGENCY
206 EI~4 ST. ~ SUITE 105r LEWISVILT,Rr ~ 75057
AAA0184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
BOND NO.: 015005109
THE STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That SOI~{WEST INDUSTRIAL
CONSTRUCTORS,INC. as Principal, and AMWEST SURETY INSURANCE COMPANY
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of TWqELVE THOUSAND FIVE HUNDRED FORTY EIGHT and 50/100
Dollars ($ ]~54~_50 ), 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 SOU'x'~WEST INDUSTRIAL CONSTRUCTORS, INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1785 --ADDITIONTOMUNICIPAL
GENERATING STATION
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
MB - 1
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 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC.
as Contractor and Principal, has caused these presents to be
executed by
and the said AMWESTSURETYINSURANCECOMPANY
as surety, has caused these presents to be executed by its
Attorney-in-Fact PAULINE L. LESCH
and the said Attorney-in-Fact has hereunt6 set his hand this 3rd
day of October
· 19..95
SURETY: PRINCIPAL:
AMWEST SURETY INSURANCE COMPANY SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC.
PAULINE L. LESCH T.E. STANEK, C.E.O.
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-rACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached doc~ment.
D^= 5-18-96 0000476945
READ C~R~FULLY
~ d~ is ~t~ on ~ ~ ~n~g ~e ~cial wa~d logo ( ~ ) of ~w~ S~ ~ Comply (~c "Com~ on ~ ~
~ ~ ~W ~ ~ ~ ~ ~y ~ll~d oh~ of~ PeA ~ valid. ~s PeA ~y not ~ ~ ~ conj~ction wi~ ~y o~ ~ No
i~,~ti~ or wa~fi~ ~gard~g ~s ~A ~y ~ ~do by any ~ ~s PeA is gov~ by ~ [a~ of ~o S~te of Cal~o~a and ~ o~y valid
~OW ~ BY ~SE P~SE~, ~t ~wmt S~ ~ C~p~y, a Cal~o~a ~don (~ "~mpan~% d~ h~by ~ke,
~ti~ ~ a~:
PAULINE ~ L~SCH
~M F. L~
G~Y ~TU~
~ ~MPLOY[[S OF P~ CONT~ BOND~G AG~N~
ia tn~ and lawful Attorney-in-fact, with limit~i power and anthorit~ the seal of the company
th~to if a se. al is r~luirnd on bond~ ~gs, recogulzancaa, mimur~.~ agrenmont for a obligatiom in
th~ natu~ ~v. of as follow:
Bid Bonds up to $*'1,000,000.00
Contract (Performance & Payment), Courf~ Subdivision $**1,000,000.00
Ltcen~ & Permit Bonds up to $*****50,000.00
Mlacellaneou~ Bonds up to $****'25,000.00
Small BuMne~ Admini~tration Guaranteed Bonds u[
and to bind tho company the~by. This appuln~ is
I, tho onder~igl~d so~x~ta~ of Amwost Surety [eaman~ ~ompany, r that this Power of Attorney remaiea in full
fore~ and effect and has not ~ revoked and furth~mom foRh on this Power of Attorney, and that the relevant
pmvisinm oftbo By-Lawa of the Company,
Bond ~o.015005109 sigr~a & ~lnd ~
Karen G. ~ohen, Scorotary
This PeA is signed and sealed by tho Board of Directors of Amw~t Surety lmurane~
Company at a m~ting duly
RESOLVED, that th~ Prasidont or ' or any Assi~ant S~.~r~tary, may appoint attomoy~-in-fact or agents with __
authority as d~n~ or limited in tbo i for and on behalf of the Company, to oxeauto and deliver and affix tbo seal
of ~ Company to bonds, and said offie~m may r~movo any such aRom~y-in-fact or agent and
revoke any PeA p [, or su~tyship obligation shall bo valid and bind upon the Company:
(i) ~ tho Preal~t or a (ifa seal bo r~lulmi) by any $~-z~ary or Assistant $~erotaty, or
(ii) whoa signed by tbo Pr~id~ont or; , or Assistant S~ta~, and couatorsignnd and sealed (ifa saal b~ required) by a duly
(iii) wboa dul~/ ~ oen or mom attong~in-fact or agents pursuant to and within the limits of tho authority ovidencnd
RESOLVED FURTHER ' anthofiz~ offic~ and th~ ne, al of tho Company may bo affixed by facsimile to any PeA or certification
thereof anthori~in~ tho eg~ulion a~ bond, undsrlaking, renognizan~,, or other su~tyship obligations of th~ Company, and sugh signatu~ and ~al
wh~ · and off~t as though manually affixed.
IN wrYNESS WHEREOF, Amwest Surety Imaranco Company h~ caused thes~ p~ents to bo signed by its proper officers, and its corporate saal to bo hereunto
]elm E. Savage, Pr~ent Kaven G. Cohen, Senr~ary __
Ststo of California
County of Lo~
On January 1, 1993 before me, Peggy B. Lofton Notary Public, pe~onally appoarnd ~'ohn E. Savage aRd ~ G. ~ohen, personally known to mo (or proved to --
me on tbo basis of sati~actofy ~vidonco) to bo tho pomon(s) whoso name(s) is/am subsoribod to the within instrument and acknowledgnd to ma all that he/she/they
e.x~cut~d tho same in hia/her/their anthotiz~d capacity(las), and that by his/her/their signatoro(s) on the ~ tho p~so~s), or the e~atity upon behalf of_w~?? th~ __
litt%tllllllltlt Vv'I'i~N'ESS ~y, Xhand and official meal. PE~Y
.~,.._~v. "4~':~' ~. M~ Cemmlale~ r~,# J
% ............
~lllllllllltt%~,0
R
DATE: SEPT]~IBER 19, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1798 - METAL BUILDING
RECOMMENDATION: We recommend Item #1 be awarded to the low bidder, Davis &
Hawkins, Inc., in the amount of $48,725.00.
S~RY: This bid is for all materials and labor necessary in assembly of a 50' x
100' x 12' metal building to be located at the pole yard on Spencer Road. This
building will be utilized by the Substation Department as an office and shop area and
by the Electric Distribution Department as a training and storage area.
Item #2, Storage Building for Landfill, will not be awarded. Submitted bid prices
were higher than the amount budgeted.
Four bids were received in response to seven Invitations to Bid mailed to vendors.
BACKGROUND: Tabulation Sheet, Memorandum from Ray Wells
PROGRANIS~ DEPARTMENTS OR GROUPS AFFECTED: Electric Substations
Department, Electric Distribution Department, Electric Utilities, Electric customers
of the City of Denton.
FISCAL IMPACT: Budgeted Funds for 1995 Electric Substations Distributing
Account # 610-132-1032-3900-9101 and #610-103-1031-3900-9101.
Lloyd V. Harrell
City Manager
Prepared by:
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
6 3 8. AGENDA
CITY OF DENTON MUNICIPAL UTILITIES · 901-A TEXAS STREET · DENTON. TEXAS 76201
TO: Tom Shaw, Purchasing Agent
FROM: Ray D. Wells, Superintendent of Substations, Metering,
and Communications
DATE: September 11, 1995
SUBJECT~ Metal Buildings, Bid # 1798
After evaluating the bids for the Electric Utilities Metal
Building, we recommend award of Bid #1798 to Davis & Hawkins, Inc.
The reasons for recommendation of bid to Davis & Hawkins, Inc. are
as follows:
The price for Bid #1798, Metal Building is $48,725.00 by Davis
& Hawkins, Inc.
The bid of the Metal Building from Davis & Hawkins, Inc. is
the low bid that meets specifications as requested.
I recommend that we award the bid for the Metal Building to Davis
& Hawkins, Inc. at the price of $48,725.00.
Respondents were as follows:
S.W. Industrial Constructors, Inc. $71,500.00
Wayne Allen Constructors Co. Inc. $78,178.00
Davis & Hawkins, Inc. $48,725.00
Ameri Fab $52,387.00
Tim Beaty Builders, Inc. $58,334.50
DS:tn
Bid#1798
"Dedicated to Quality Service"
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY-OF DENTON
.THIS AGREEMENT· made and entered into this. 19 day of
_~w~w.R A.D., 19 95 , by and between
CITY OF DENTON
of the County of DENTON and State of~Texas, acting
through LLOYD V. m~RR~.T.T.
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DAVIS &HAWKINS~~ INC.
821 BEACH ST.
FT WORTH, TEXAS 76111
of the City of FY WORTH , County of TARRANT
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 # 1798 - METAL BUILDING (ITEM #1)
in the amount of $48,725.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agr.eement; and at his (or their) own proper cost
~and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendenc~, 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
ascordance with the plans, which includes all maps, plats,~
CA - 1
bl'ueprints, 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 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.
(SEAL)
ATTEST:
DAVIS & HAWKINS, INC.
CONTRACTOR
D~.VI8 & HAWKINS,
821 Beach Street
~r~h, Texas
MAILING ADDRESS
PHONE NUMBER
~AX' N~BER
TITLE ~.~
APPROVED AS TO FORM: (SEAL)
AAAO184D
Rev. 07/28/94
CA - 3
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
· 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
AFEOOBA 1
REVISED 11)/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.
AFF00nA I
REVISED 10/12/94
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
$500,000 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.
AFFOOBA I
REVISED I0112/94
Insurance Requirements
Page 4
[:X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $S00,000 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.
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
AFF00BAI
REVISED {0/12194
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 IO/I 2/94
Insurance Requirements
Page 6
ATTACHMENT I
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 I
REVISED 10112194
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.
AI~OOBA 1
I~VISBD 10112/94
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
AFFOOBAI
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.
AFFOOBA I
REVISED 10/12/94
BID NUMBER i798 RID PROPOSALS *'-. ~ Paae ZA o
Pumheslng Department Denton, Texas 76201
ITEM DESCRIPTION QUAN. PRICE AMOUN]'
1. METAL BUILDING - 50' x 100' × 12' (*) i EA ~8,725.' 0':"; '
PER ATTACHED SPECIFICATIONS
WITH' ADDENDUM # 2 DRAWING CLARIFICATIONS
ADD PER ADDENDUM # 1
2. SOLID'WASTE BUILDING - 40' x 60' x 16' (**)- 1 EA I$ 30,711
PER ATTACHED SPECIFICATIONS
2" sand $500 (addnot in specs
sawcut concrete ....... 150. add "
vapor barr er ......... 200. add ,,
markup & bond~ 208. add
1058. total add
* TO BE ERECTED AT CITY OF DENTON POLE YARD, 170~ .SPt NCER REA),
DENTON, TEXAS 76201
** TO BE ERECTED AT CITY OF DENTON LANDFILL, 166 FOSTER ROAD,
DENTON, TEXAS 76201
NO INTERIOR -FINISH OUT
PLEASE NOTE INSURANCE REQUIREMENTS
PLEASE USE THIS REVISED BID PROPOSAL FOR SUBMITTING BIDS.
TOTALS -$ 79,436.£3
We quote the above f.o.b, delivered to Denton, Texas. Shipment can be made In 7 0 days from receipt of order. Terms nell30
unless otherwise indicated.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas Within
reasonable period of time constltues a contract. The completed Bid Proposal must be properly priced, signed and returr~d.
821 Beach St. Davis & HawkJn.q: Tho.. ."
Malting Address Bidder .'
Fort Wn~ m.. 76111 ~' ,
Telephone THI~
0CT-04-'95 WED 16:16 ID:LUCIN WRIBiHTINS TEL N0:817-877-1003 ~171 PO~
1200 West Freeway ~ 200 ~ ~ O~A~ ~O~ED ~ ~
A Bi~inou~ Casualty -
DAVIS & ~INS, IgC B ~ WOrkers Com9 Ins
821 ~CH ST~ET
FORT WOR~ TX 7~111
D
~~~ ~E ~'i~uWOE USeD a~ ~ve ~ ~u~ TO ~E N~MO W~ ~ FOrt THe
~, ~H~ANDI~ ~ REQUIfl~E~. ~ OR ~ND~ OF ~ ~T ~ ~ER ~ME~ ~ REIPE~ TO ~1~ TH~
CER~F~TE ~Y ~ I~UED OR ~Y P~A~ ~E ~SU~N~ ~F~DEO ~ ~ ~1~ ~D H~N ~ 8U~EGT TO ~ ~E TE~
~CLUBION8 ~D COND~ION6 ~ ~UOH ~UC~5~. UH~ ~N ~Y ~ B~N ~O ~,PND ~.
~ ~~ C~2~98968 09/29/95 09/29/96 ~~ ~.000~00~
~ ~~~ ~'~ .!~000,000
~ cc~_~ tS00 t 000
~~~ -~~.~ ,50~ 000
~ '- ~~ ,5~000
A ~~ ~8~6220 ' 09/29/95 09/2g/96 ~~
X ~~ '"
-
~~ ~= ~.~ ,500,0.00
CIT~ OF DENTON IB 5~0~ AS ~ ADDZTAU~$ Z~D ~H
DENTON, TX 76201 ~ A~,
OCT 4 '95 16:~9 LUCIN ~RIGHTINS PAGE.002
Employers Mutual Casualty Company Bond No. S162318
HOME OFFICE · DES MOINES
STANDARD CONTRACT BOND -
KNOW ALL MEN BY THESE PRESENTS: That We, Davis & Hawkins, Inc.
821 Beach St., Fort Worth, TX 76111
(hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a
corporation organized and existing under the laws'of the State of lowa with its principal office in the CITY
OF DES MOINES, IOWA, and authorized to transact business in the State of Texas
as Surety, are held and firmly bound unto
C, it~ of I~nt.~n; TX, 901-B Texas St. reet~ Denton. TX 76201
(hereinafter called "Obligee"), in the penal sum of FORTY EII~HT THOUSAND SEVEN HU~RED ~r. NTY FIVE ~
N0/100 .............................................................................................
DOLLARS ($48,725.00 ................ ), good and lawful money of the United States of America, for the
payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors,
successors and assigns, jointly and severally firmly by these presents.
SEALED,' with our seals and dated this 2nd day of 0ct~ber , A.D., 19 95
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named
Obligee, dated the 19th day of September , A.D., 19 95 , providing for the construction
or supply of, CONSTRUCTION OF I~-TAL BUILDING AS PER BID #1798.
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied
at lensth herein for the purpose of explaining but not of varying or enlarging the obligation.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden
Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things
in said contract set forth and specified to be by the said Principal kept, done and performed at the time
and in the manner in said contract specified, and shall pay over, make good and reimburse to the above
named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the
part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect.
PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right
of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the
Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship
only.
WITNESS: nAwq ~ HAt~k'TNq~ TN(';
Principal
(If Individual or Firm) BY:' ' '
T~acy L
EMC
Insurance
Companies ~0rd NG. S162318
P.O. Box 712 · Des Moines, IA 50303-0712
raEmployers Mutual Casualty Company IZIUnion Insurance Company of Providence
STATUATORY PAYMENT BOND PURSUANT TO CHAPTER 2253
GOVERNMENT CODE
ENACTED BY THE 73RD TEXAS LEGISLATURE, 1993
(Penalty of this bond must be 100% of Contract Amount)
KNOWALL MEN BYTHESE PRESENTS, that P~vis g Hawkins, Inc. (hereinaftercalled
the Principal), as principal, and EMPLOYERS MUTUAL CASUALTY COMPANY or UNION INSURANCE
COMPANY OF PROVIDENCE a Corporation organized and existing under the laws of the State of
Iowa , licensed to do business in the State of Texas and admitted to write bonds, as surety,
(hereinafter called the Surety), are held firmly b~o~u~n~ ~3t~o City o¢ ~nt. on..I~_ (here-
inafter called the Obligee), in the amount of ~u,~,~~,~IHUU~U~,~,~LVU~ ~NU~LU Dollars) ($ 48 ~ 725 . 00---. )
for the payment whereof, the said Principal '~ 'S[J;'~y~'Vn'd'~l~rnselves, and their heirs, administrators,
executors, successors, and assigns, jointly and severally, firmly by these presents:
WHEREAS, the Principal has entered in a certain contract with the Obligee, dated the 19th day of
~epV~nber ,19 95 ,for CONSTRUCTION OF ME-FAL BUILDING AS PER BID #1798.
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 promptly make payments to all claimants as defined in Chapter 2253 of the Texas Government Code,
as amended by the 73rd Legislature 1993, then this obligation shall be null and void; otherwise to remain in
full force and effect;
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Chapter 2253 of the
Texas Government Code and all liabilities on this bond shall be determined in accordance with the provi-
sions, conditions and limitations of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
2nd day of October 19 95 ·
PRINCIPAL: DAVIS & H~KINS, INC.
Attorney-In-Fact
Form 7026 Rev. 5-95
EMC Insurance:.COmpanies
"": ............ No. 214104
P.O. Box 712 .' Des Mol!les, iowa 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation
2. Emcasco Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
3. Union Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company, an Alabama Corporation
hereinafter referred to severally as "Company" and collectively as "C(~mpanies", each does, by the~e presents, make, constitute and appoint:
its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute ifs lawful bonds, undedakings, and other obligatory instruments of a
similar nature as follows'
ANY AI',;D Ar.]-. ::BUILDS
and to brad each Company thereby as tully and Io the same extent as if such ~n,~trur~¢nt~ were s~gned by the duly authorized officers of each such Company. and all of
the acts of said attorney pursuant to the authonty hereby g~ven are hereby ratified and confirmed.
The authority hereby granted shall expire ~ 1. 1996 unless sooner revoked
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attorney is made and executed pursuant to and by the authority of the folfoWi~ resolution of the Boards of Directors of each of the Companies at the
second regularly scheduled meeting of each company duly called and held in 1990.
RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall
have power and authority to (1) appoint attorneys-in-fact and authorize them fo execute bn behalf o'f each Company and attach the seal of the Company thereto, bonds
and undedakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and
revoke the power and authority given to him. Attorneys-in-fact shall have power and authority, subject to the terms and I~mital~ons of the power-of-attorney ~ssued to them,
to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and any such *nstrument executed by any such attorney-in-fact shall by fully and in all respects binding upon the Company.
Cedfficabon as to the vatid~ty of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects
binding upon this company. The facsimile or mechanically reproduced s~gnature of such officer, whether made heretofore or hereafter, wherever appearmg upon a
ced~fled copy of any power-of-attorney of the Company. shall be valid and binding u~n !he Oompanylwith the same force and affect as though manually affixed.
heir:officers shown, and the Corporate seals 1o be hereto affixed th~s
tN WITNESS WHEREOF, The Companies have caused these presents to be si ch by t as
Robb B. Phihp T. Va Ekeren, Secretary
Seals el Companies 1,2,3 & 5 of Companies 1,2.3,5;
~t¢~}/~ah~.,~ e // ¢, /}~ Ass' ,ant Secretary of ompan, 4
....'~0;o.74'... ,'" %% .-'~..', ........ ;'-~'-
-""-:"
:,g5¢5. SEAL -=~:-iD~:'- 1863 °.~E.i is:. 1953 -:~'z ~,,.,,-,,,,~,~iesga6,-(/ AssistarttSecrefaryOfCompany6
'.. v .......... 0.- .. o ........... 5 .-' ~.%~; ........... '~ On thisl4~hd~y of ' .... ..... AD fg~=,~._ belore ma a Notary Public in
'~. ;, .o,sX," % * .'" % "-,,~' .,.' and for"P,~llUOounty, iowa, per'S"'~r'~i'O~a"~'~d Robb B. KeTr'O/, Philip T. Van Ekeren, Bruce
G. Kelley, and Donald L Coughennower, who bemg by me duly sworn, did say that they are,
· ,' .so,~,,'v % ...~',,~s ,,ao~'....,,'¢u~u,~ ~'... and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The
.-'~'%,'.?o,?;~0 -.. -%*' ........... ~' '.- -"O ,, ....... "¢,r,'". Compames above; that the seals afl~xed to th~s ~nstrument are the seals of sa~d corporations;
:' .~ --' ~ - t ~ ': _-- ~ .~ *- ' '-_ c :_ _-- _? ? .'~ '. :. ~ :. thai said ~nstrument was signed and sealed on behalf of each of The Companies by authority
:.~:. SEAL zS~ :.,I~ SEAL ..:.~:- :.%:. SEAL .-'/~ of their respective Boards of Directors: and that the sald Robb B. Kelley, Ph~hpT. Van Ekeren,
; ;. .-' : :. o '.. ,.- -~ .: g ~;. .-¢~..--' Bruce G. Kelley, and Donald L. Coughennower acknowledge the execution of said instrument
;'%," ............. ,ow~. ,.,-"* '"' ""~'.;;?,,, ........... o~o ~,-' '"" '"',, %~s,%,-h5 .......... .s ..' Io be the voluntary ~ct and deed of each of The Companies.
...................... My Commission Expires August 28. 1995
'"( MENYL KAUZLA,qlCH I
Notary Public
I'=' I
CERTIFICATE
I. Dawd L Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of lhe Beards of D~rectors by each el The
Companies. and th~s Power of Attorney ~ssued pursuant thereto on ............. ~.~Df.-~ue~--. 14
are true and correc~ and are stdl in ~ull lorce and effect t~oo~ep_, ~ T. ~' ~ '
In Test mony Whereof I have subscribed my name and affixed t~e facsimile seal o'~e'~"c~bHu~'om°~pany th~s2 ~d dayof
V~ce-Pres~dent
DATE: SEPTI~IBER 19, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for
each section: Jagoe Public -- water utilities $542,209.00
Dickerson Construction -- sewer utilities $436,002.00
SUMMARY: This bid is for all labor and materials necessary in replacement of
approximately 8,300 ft of 6" and 634 ft of 8" water lines and 3,400 ft of 8" sanitary
sewer in the Egan and Panhandle area of Denton. This is an area of aging utilities
which are located in the alieys and are virtuaily inaccessible for repairs. This
replacement will relocate the water and sewer to the front of the properties.
Three bids were received in response to ninety-nine notices to bid mailed to
vendors.
BACKGROUND: Tabulation Sheet, Memorandum to Public Utility Board dated
September 11, 1995, Public Utility Board Minutes recommending approval.
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Water and Sewer
Departments, Utilities, Water & Sewer Customers of the City of Denton.
FISCAL IMPACT: Budgeted CIP Funds for 1995 for Water and Sewer Replacement.
ctfully submitted
~doyd V. Harrell /
City Manager
Prepared by:
Name: Denise Harl~ool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
636 .AGENDA
September 11, 1995
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER BID OPENING NO. 1799 FOR CAPITAL IMPROVEMENT
PROJECT EGAN/PANHANDLE AREA UTILITY REPLACEMENT
RECOMMENDATION:
The Utility Staff recommends award of a contract to Jagoe Public Construction
Company of Denton for the amount of $542,209.00 for the construction of
Egan/Panhandle Water Replacement (Exhibit 1). We also recommend award of
a contract to Dickerson Construction Company of Celina for the amount of
$436,002.00 for the construction of Egan/Panhandle Sewer Replacement
(Exhibit 2).
SUMMARY:
Bids were opened September 7, 1995, with a total participation of three
bidders. Jagoe Public Construction Company of Denton, Texas, is the lowest
qualified bidder for the water replacement portion of the project. Jagoe Public's
bid is $542,209.00 for 8,340 feet of 6 inch water, 634 feet of 8 inch water,
174 feet of 4 inch water and 13,401 feet of private water service line
relocations. Most of the service lines are being moved from the rear alley to the
front of the property. The bid for the waterline is $226,791.00 under budget
and $2,622.00 under the engineer's estimate.
Dickerson Construction Company of Celina, Texas is the lowest qualified bidder
for the sewer replacement portion of the project. Dickerson's bid is
$436,002.00 for 3,384 feet of 8" sanitary sewer, 979 feet of trenchless
rehabilitation, and 662 feet of 12" bore & grout. The bid is $2,002.00 over
budget but $36,204.00 under the engineer's e'stimate.
Page 2
Egan/Panhandle
BACKGROUND:
The Egan/Panhandle area is one of the oldest residential areas of Denton and
the water and sanitary sewer utilities are showing their age. Currently, all
utilities are located in the rear alleys or easements in this region. These alleys
are no longer easily/ accessed due to overgrown trees, shrubbery, and
undergrowth. Fences, houses, and garages have been erected within the
alleys. -In some areas the utility lines can not be accessed at all due to the
structures over the line. If there was a water main break in one of these areas
repair would be nearly impossible. Therefore, this project will move all water
service to the front of the properties allowing for easy access to the water
meters and main water line. The relocation of the sanitary sewer main to the
front was the next logical move, but after a thorough analysis it was found
impossible to do so without the elimination of sewer service to certain homes.
The current sewer main is in poor condition and is undersized. City crews have
responded to numerous sewer complaints including odor problems, sewage
backing up into homes, and sewage running on the ground. The sewer line is
also located under various structures. The lines are in such bad condition that
the City can not clean and flush them. Utility crews have only been able to
camera a small portion due to its condition. Some areas will be replaced using
the standard open cut method where feasible and the other areas will be
replaced using trenchless technology. The waterline on Panhandle is being
replaced due to the number of breaks that have occurred. This project is being
done in advance of repaying the street.
AGENCIES AFFECTED:
The citizens of Denton, Denton Municipal Utilities, Jagoe Public Construction
Company, and Dickerson Construction Company.
FISCAL IMPACT:
A total of $840,000 is budgeted in revenue funds for the Fiscal Year 95 CIP for
construction of the water replacement and $476,000 is budgeted in revenue
funds for the Fiscal Year 95 CIP for the construction of the sewer replacement.
See Exhibit 4 (Fund Analysis) for more detail.
Page 3
Egan/Panhandle
Respectfully Submitted,
R. E. Nelson, Executive
Director of Utilities
Prepared by:
Gerald P. Cosgrove, P.E.,
Engineering Administrator
Approved by:
Environmental Operations
Exhibit 1: Location Map - Water
Exhibit 2: Location Map - Sewer
Exhibit 3: Bid Tabulation
Exhibit 4: Fund Analysis
Exhibit 5: CIP Detail Sheets
CARLTON
Z -
I°
]~ROA~WAY
PANHANDLE
~ EGAN EGAN
~ ~NDE~SON
W ~ PEARL
II EXHIBIT 1
EGAN/PANHANDLE WATER REPLACEMENT
I I II
CDRDELL CDRDELLI
I CRESENT ;RI'SCENT CRESCENT IIL_
CARLTON
Z
BROADWAY
~ PANHANDLE
~ .
~ARKWAY
ANDERSON
-n ~ PEARL
oC) ~ ~ ~ HAYNES
wi ~ ~' GREGG
lw. OA~ K-1
I'- I" II xH,.,l
EGAN/PANHANDLE SEWER REPLACEMENT
SC,~I.~ 1" =600'
~ I°°°°°°°°°°°°°°°°°°°°° oooooooo
~ -
Z ~o®oooooooooooooooooo o oooooo~
~ ~ - _
z
o
~ ~ -~ ~ - ..
........ ~~. .~~
EXHIBIT 3
EGAN/PANHANDLE AREA UTILITY REPLACEMENT
FUND ANALYSIS
WATER DISTRIBUTION (REVENUE) STATUS COST
FUND SOURCE
95-0461F05 $470,000
95-0461F06 $370,000
TOTAL FUNDS $840,000
EXPENDITURES
Surveying Estimate $18,000
Design Estimate $30,000
Inspection Estimate $23,000
Construction Bid $542,209
TOTAL EXPENDITURES $613,209
IAMOUNT OVER/{UNDER} BUDGET {$226,7911
FUND ANALYSIS
SEWER COLLECTION (REVENUE) STATUS COST
FUND SOURCE
95-0471F06 $476,000
TOTAL FUNDS $476,000
EXPENDITURES
Surveying Estimate $11,000
Design Estimate $19,000
Inspection Estimate $12,000
Construction Bid $436,002
TOTAL EXPENDITURES --
$478,002
]AMOUNT OVEIUfUNDER) BUDGET $2,002 [
EXHIBIT 4
1995 CAPITAL IMPROVEMENT PROJECT # 95-0461F05
PROJ TITLE: (R)(1994) STREET REPLACE WATER LINES
ESTIMATED COST: $470 (x 1000)
GROUP ASSIGNMENT: 5
DESCRIPTION: Panhandle-Maloneto Denton 6' 3,340 LF $ 289,000
Egan-Bryan to Alice 6" 1,300 LF $ 181,000
Total $ 470,000
PURPOSE: Replace undersized and deteriorating water lines in
order to protect integrity of water system.
COST
CALCULATION: Design $ 26,000
Construction ~ ~. ~?.,000
Total $ 470,000
FUNDING REQUIREMENTS: ENCUMBERANCESlCASH EXPENDITURES (In DOllars x 1000)
First Qtr. Second Qtr. Third Qtr. Fourth Qtr.
ENC EXP ENC EXP ENC EXP ENC EXP
1995 0 0 ~.~?. 148 0 148 0 148
1996 0 0 0 0 0 0 0 0
1997 0 0 0 0 0 0 0 0
ENCUMBERANCES CASH EXPENDITURES
BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL
TOTAL 1ST YR $0
TOTAL2ND YR 0 0 0 0 0 0 0 0 0 0
TOTAL3RD YR 0 0 0 0 0 0 0 0 0 0
GRAND TOTAL $0 $'~.~.~ $0 $0 $~.4~ $0 $~.'!.~. $0 $0 $~.~4
ENCUMBERANCE DATES Encumbered as spent.
PHASE DATE AMOUNT OBJECT #
Surveying 03/94 $ 9
Engineering Design 04194 $17
Inspection 04195 $13
Construction 04195 $431
ENCUMBERANCE TOTAL $470
COMMENTS: This is a multiyear project beginning in 1994.
Encumberances Prior to 1995. $ 26,000
Current CIP ~ ~?.~,000
Total Project Budget $47o,O :XHiBiT
3/23194 16:51 pg 5
1.995 CAPITAL IMPROVEMENT PROJECT # 95-0461F06
PROJ TITLE: (R)(1994) REPLACE WATER LINES
ESTIMATED COST: $370 (x 1000)
GROUP ASSIGNMENT: 5
DESCRIPTION: Egan-Malone to Bryan relocate services $ 12,000
Congress-Malone to Bryan, 6' 2,030 LF $ 177,000
Alice to Ponder
LovelI-Scripture to Egan 6'' 710 LF $ 55,000
Bryan-Scripture to 100' N. of Linden 6" 1,960 LF $ 126,000
Total 4,700 $ 370,000
PURPOSE: Replace undersized and deteriorating water lines in
order to protect integrity of water system.
COST
CALCULATION: Design $ 22,000
Construction $ 348,000
Total $ 370,000
FUNDING REQUIREMENTS: ENCUMBERANCESICASH EXPENDITURES (In Dollars x 1000)
First Qtr. Second Qtr. Third Qtr. Fourth Qtr.
ENC EXP ENC EXP ENC EXP ENC EXP
1995 0 0 348 116 0 116 0 116
1996 0 0 0 0 0 0 0 0
1997 0 0 0 0 0 0 0 0
ENCUMBERANCES CASH EXPENDITURES
BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL
TOTAL 1ST YR $0 $348 $0 $0 $348 $0 $348 $0 $0 $348
TOTAL2ND YR 0 0 0 0 0 0 0 0 0 0
TOTAL3RD YR 0 0 0 0 0 0 0 0 0 0
GRAND TOTAL $0 $348 $0 $0 $348 $0 $348 $0 $0 $348
ENCUMBERANCE DATES Encumbered as spent.
PHASE DATE AMOUNT OBJECT #
Surveying 03194 $ 9
Engineering Design 04194 $13
Inspection 04195 $10
Construction 04/95 $338
ENCUMBERANCE TOTAL $370
COMMENTS: This is a multiyear project beginning in 1994.
Encumberances Prior to 1995. $ 22,000
Current ClP $348,000
Total Project Budget $370,000
3/23194 16:57 Pg
1995 CAPITAL IMPROVEMENT PROJECT Cf 95-0471F06
PROJ TITLE: (R) 1994 REPLACE SEWER LINES
ESTIMATED COST: $476 (x 1000)
GROUP ASSIGNMENT: 5
DESCRIPTION: Replace deteriorating sewer lines, relocate sewer service
and increase size where necessary to accommodate load,
Easement between Panhandle & Egan
from Bryan to Denton 618 &818" 2,590 LF $240,000;
Easement between Egan & Congress
from Ponder to Alice 8/8' 1,320 LF $120,000:
Alice, from easement between.Egan & Congress
to Easement between Panhandle & Egan 818
Lovell, from Egan to 100' north of Scripture 618' 540 LF $ 57,000
Congress, from Malone to 80' west-'of Lovell 618
TOTAL 5,085 LF $476,000
PURPOSE: Reduce maintenance costs and improve system integrity.
A portion of the existing line runs under houses.
CALCULATION: 1994Design =$30,000 1995Construction = $446,000
FUNDING REQUIREMENTS: ENCUMBERANCESICASH EXPENDITURES (In Dollars x 1000)
First Qtr. Second Qtr. Third Qtr. Fourth Qtr.
ENC EXP ENC EXP ENC EXP ENC EXP
1995 0 0 446 148 0 149 0 149
1996 o o 0 o o o o 0
1997 o o o o o 0 o o
ENCUMBERANCES CASH EXPENDITURES
BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL
TOTAL 1 ST YR $0 $446 $0 $0 $446 $0 ?.~.S $0 $0 $446
TOTAL2ND YR 0 0 0 0 0 0 0 0 0 0
TOTAL3RDYR 0 0 0 0 0 0 0 0 0 0
GRAND TOTAL $0 $446 $0 $0 $446 $0 $4~6 $0 $0 $446
ENCUMBERANCE DATES Encumbered as spent.
PHASE DATE AMOUNT OBJECT #
Land Purchase $0
Surveying 03/94 $11 8563
Engineering Design 03/94 $19 8560
Inspection 02/95 $12 8562 '
Construction 02/95 $434 9114 & 9138
ENCUMBERANCE TOTAL $476
COMMENTS: This is a multiyear project beginning in 1994.
Encumberances pdor to 1995 $ 30,000
Current ClP $446,000
Total Project Budget $476.000
3/18~94 9:23 Pg
PUB EXCERPT
September 11, 1995
6. CONSIDER APPROVAL OF BID #1799 FOR EGAN AND PANHANDLE
WATER AND SEWERLINE RENOVATION
Following extensive discussion and summary/background information provided
by Howard Martin. Thompson made a motion to approve the bid as presented.
Norton seconded the motion. All ayes, no nays, motion passed unanimously.
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 19 day of
SEP~a~BER A.D., 19 95 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD UA mU~LL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
JAGOE PUBLIC
P.O. BOX 250
3020 FT WORTH DR.
DENTON, TEXAS 76202
of the City of DENTON , County of DENTON
and State of ~XAS , 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 # 1799 - EGAN/PANq{AN-DLE AREA UTILITY REPLACEMEN~ (I~R.M ~1)
in the amount of $542,209.00 and all extra work in
connection therewith, under the terms as stateA 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,
blueprints, and other.drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGINEERINGANDTR&NSPORTA?iON 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 an'~ 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, emPlg~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 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:
ATTEST: -~-
· , . , (L~' JAGOE PUBLIC
.~ t_~ -~~ C~_.~ CONTRACTOR
JAGOE-PUBLIC COMPANY
P.O. BOX 250
DENTON. TX 76202
MAILING ADDRESS
PHONE NUMBER
PRINTRD
APPROVED AS TO FORM: (SEAL)
City Attorney
AAAO184D
Rev. 07/28/94
CA - 3
PERI ORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC
, of the City of DENTON
County of DENTON and State of
,
as PRINCIPAL, and SEABOARD SURETY COMPANY
., as SURETY, authorized under the laws of
the State of Texas to act as -~urety on bonds for principals, are
held and firmly bound unto the THE CItY OF DENTON
as OWNER, in the penal s~m of FIVE HUNDRED FORTY TWO T~O[]SAN]3 TWO
NINE and no/100 ....... Dollars ($ 542~209.00 ) 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 SRPTE,~.R ,
19 95 , for the construction of BID # 1799 - EGAN/P~LE Ai{EA
UTILITY REPLACEB{ENT (TTEM #1)
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 instr~]ment this 5th day of October
19 95 '
. ¢ /0-,~0~ - ~ ~...c.A~, ~ ' Seaboard Surety Company
Surety
Q Princi~/1
- Rosemarylweaver
Address: JAGOF-Pl I~1 IC ha~Am~lv Address: Burnt Mills Road a Route 206
.... _P.O. 80× 250 Bedminster, New Jersey 07921
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
. Willis Corroon Corporation of Texas
133~ Noel Road, Suite ~00, Dallas, Texas 752~0-6612
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev; 07/28/94
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC
of the City of DRN~N
County of DENTON , and the State of
as principal, and SEABOARD SURETY COMPANY
authorized under th'~ 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
and no/100 ....
FIVE MUNDRED FORTY TWO ~OUSAN~ TWO ~RED NINE Dollars ($ 4_~)
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
19 95
BID # 1799 - EGAN_~PANHANDLE AREA UTILITY REPLACEMENT_~~
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 perfo~ed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 5th day of October
19 95.
yincipa 1 ~ Surety
Rosemar~ Weaver
Title /'- ~- H'F~-~a--- Title Attorney-in-Fact
Address: Address: Burnt Mills Road & Route 206
JAGOE-PUBLIC n ^COMPANY Bedminster, New Jersey 07921
DENTON'7 7k'"' 202
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Willis Corroon Corporation of Texas
13355 Noel Road, Suite 400, Dallas, Texas 75240-6612
AAAO184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC
as Principal, and SEABOARD SURETY COMPANY
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of ~Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the Sl~m of FIF~"f FOUR THOUSAND TWO HUNDRED TWEIFI"f and 90/100---
Dollars ($ 54,220.90 ), ten (10%) percent of th~ 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 JAC~E PUBLIC
has this day entered into a written contract with the said City
of Denton to build and construct BID ~1799 - EGAN/PANHANDLEAREA
UTILITY REPLACF/~ENT ~ITEM ~] )
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 agains~the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from-any cause during said time.
IN WITNESS WHEREOF, the said Jagoe-Public Compan~
as Contractor and Principal, has caused these presents to be
executed by Bill Cheek
and the said Seaboard Suret~ Company
as surety, has caused these presents to be executed by its
Attorney-in-Fact Rosemary Weaver
and the said Attorney-in-Fact has hereunto set his hand this 5th
day of October 19 95
SEABOARD SURETY COMPANY
Rosemar~ Weaver .JAGOE-PUBLIQCOMPANY
Attorney-in-Fact P.O. BOX 250
DSNTON, IX 78202
A~0184D
Rev. 07/28/94
MB - 2
2B- 2948
KNOW ALL MEN BY THEOEPRESENTS: ,hat $-E~_S~*~M¢ANy, a corporationof the State of New Ye*. has
made, constitut~ and ap~int~ a~d by th~p~6~~ colOrCote and appoint J~ R. S~n or
~s~ ~v~ or L. ~Y Pit~;; Jr~~ly ~yeS
,t j u ,awf At}op?in:9=t.
Such insurance policies, surety bonds, underta_kings~r~struments:for Saidpurposes, when duly executed by'the aforesaid
Attorney-in-Fact, shatlbe binding uP~. n ~the Said Gbmpar~y as fu}ly ah-d t!oth~-sameextent ~f Sign~ by-~e d~ly authoriz~
officers of the Company end sealed ~i~ ~6~ateX~ai;X~d e~ theabts:~ ~i~Attom~y. in;F~t~ pumuant:t0 the author~
This appointment i~ made~dmua-t;tb ~f~Wi6g B~CLa~ wh;ch w~e ~ul~doPt~d ~y t~eB~dof Dir~tor~ or the
Core.ny on De,emir 8tbj~, ~i~ Ameh~e~t~and-~ndudiqg~ua~ 15~:a~d are~fit! in fu" force:~d eff~t
writings relating in ~y way ~he~e~ or t~ ~la~dr)~~h~l~ ~0~~-and2~f O~h~0~a~ ~ : 2
~ecre~a~ or a ~es~a~-asst~am-~e*a~; 9~ {~)-~Y ~Att~[ge~a'q~he ~0 m~a~p~iB ~ ~ ~thoriz~6y ~he'Ch~m~ ~i the Board, ~e
Presid~t or a Vic~Pr~ident ~ m~k~s~h ~nst~ o~c) b~u~h~e~ff~ets O~mp:re~m~Lve~'~ th~-B~ard~a~ fr~ime t0 time de~r~i~.
T~ ~at 0~ the ~omp~ny shall ~{ ~PP~d~Ha~ ~ ~ ~e~y ~e~. A~ ~i~:Fac~or mpr~{~ ~
IN WITNESS WHEREOF, S~ABOARD~U~ ~Pre. ntS~b ~ sign~:b~ 0neof its vJc~
Pr~identsL and i~'COrpo~atesea[;t0 ~ ~e~ed~to ~ffiXed'~dt~ at{e~ b~ ~t~it~A~iSt~S~etaries thi~ ~.~
day of _~.~..~,~-.__~ ........... /.~.:.~;_.; ~9_~: ~;; :~;~: ~ :~:~ :~ ~ ~ ~:~;: ~ ~ ? ~/ ~ ~
Attest: _ S~BmRDSURE~Ye0MPANY
~ATE OF N~ JERSEY ss.: ~
COU~ OF ~ERSET
On this ....... ~ .............. day of .......... ~ ........................ ~ ................... ~ .................. 19~_~ ......~fore me Personally ap~ar~
..................... ~--~--~ ......... ~--~ ....... ~ ............... ~--: ....................... a ViC~President of S~BOARD SURETY COMPANY,
with whom I am ~monally ac~Uaint~d~ who, ~ing by m6 duly sworn, Said that he resides in th6:~a~ ef ;~_~ ...... ;
that he is a Vice-Pr~ident of SEABOARD SURET~ COMPANY, t~e~cO[p~rafi0~ ~e~n and~hiCh ex~dted:th~:f~r~oing
instrument; that he knoWsthe botp0tete seal of~esaid Go~that the~s~fixedto~aid instrument i~sdCh corporate seal;
that it was ~ affix~ by 0~er~of the B~rd of D~t~of~id~o~pan~a~that ~lgned his n~me~eret0a~Vice.~ident 0f
said C~pany 5y like authority, ~ :~ ~[~&~ ~ :~ ? ~ ;~; ~ :~
I~%.~ I~l - ~ :- ::: - :~;: ~ . : ................ r----~ ......................... ~'"'~ ublc
I' the~ed Assistant Secrela~ ~ SEABOARD SUR~0~ANY d~;~*~ ¢e~if~;t~t ~9 origi~a ~we* Of~orney of which the for~qing is
a full, true a nd co rr~t ~py, is in full rome and effect o~ th~date 0f:t~i{ ~e~if~e a~l~;fu~he~ ~{fy~hat th~ Vic~Pr~dept Who ex~ut~ the~id Power of
Afforney was one o~ the Officers auth0~ ~y the ~oard 0f D~r~t~m t~ep~f~t ~ettorney~in~fact~ pro~id~ ~n A~iCI& VX; ~ti~ 1 0f t~e B~LaWS of
This ce.lficat~ may b~ ~ig.~ ~d ~e~ by ~ecsi~ile und~ and b~au{~ority:of~e:}e~ ~Wing resolu{{oa of ~e:~ufi~e Commltt~0~:i~e ~rd of
"RESQLVED: (2) T~a[the ~of:~P~[hte~ ~csim~e of ~hec~r~e~e ~et oft~ Ce~8n~;~of tbe;~ig~f an A~is~nt S~r~a~ ~ any
ce~ification 9f the eo~rectnes~0f acWy e~ ~i~um~:e~ut~y · ~- Pr~n t~or ~-~i~eside~p~mu~ Rt to ~c~e VII;;Se~i0~
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
AAAO0350
R£VISED 10112/94 Gl - 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
REVISED 10/12/'~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
$1o000,000 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.
AAA00350
REVISED 10/12/94 CI - 3
Insurance Requirements
Page 4
IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than ~500,000 either in a
single policy or in a combination of basic and umbrella or excess policies. The
policy will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with.t~his contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for;
· any auto, or
· all owned, hired and non-owned autos.
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation 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
AAA00350
REVISED ~0/~2/9. CI - 4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability 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,~4~30350
REVISED 10/12/94 CI - 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.
AAA00350
~ws~ ~o/~/~ 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 governme~.tal 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.
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
AA,~OO350
REV,SEO ~0~2~4 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 0~f 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 ,any of these provisions is a breach
of contract by the contractor which e~ti~les the governmental entity to
declare the contract void if the contract0'r.~ does not remedy the breach
within ten days after receipt of notice of t~reach from the governmental
entity.
AAA00350
"EV'SED ~on2/~4 CI - 9
WORK DAYS
BID NO.
Eqan/Panh~ndle Area Water Line ReDlacement PO NO.
BID TABULATION SHEET
ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE I TOTAL
2.12-A I 6" Water Line 8,340
Unit Price in Words: ~
2.12-B 8" Water Line
Unit Price in Words:
2-12-C I 4" Water Line
Unit Price in Words: ~
6.4-A I 10" Bore & Pressure Grout 35
Unit Price in Words: ~~~ ~L~J/~ ~~-- --
2.16-B 3/4" Water Service 13,401 LF $ lO
(Private)
Unit Price mn Words: ~ ~ ~.~
2.16-C 2" Water Service (Public) 2 EA $
Unit Price in Words: ~
2.14 Fire Hydrant 14 [EA $ /~/EA I $~3,~.~
Unit Price in Words: ~~~
SP-44 I Remove Fire Hydrant
Unit Price in Words: ~ ~
SP-40A I Cut & Plug Water Line
Unit Price in Words: ~ ~
2.13.1-B 8" Valve 1 EA
Unit Prlce la Words: J~,~ ~
P - 3
WO~DAYS . 80
BID NO. 1799
Eqan/Panhandle Area Water Line Replacement PO NO. 2
BID TABU~TION SHEET
3-B ] Remove Concrete Curb &Gutter
Unit Price in Words:
3-A I Remove Concrete Pavement
Unit Price in Words: ~ ~~ ~_~j
8'2TA I ~ncrete Curb & Gutter
Unit Price in Words:
5'8-A I 6" C°ncrete Pavement
Unit Price in Words:
SP-2 Concrete Saw Cut 28 LF $ ~m~ /LF $ /~
Unit Price in Words~
Unit Price in Words:
1.21 UnderstandingsC°ntract°rs Warranties &
Unit Price in Words:
8.1 andBarricades'Detours Warning Signs -- LS $~o~/LS $
Unit Price in Words:
3'1 I Preparati°n of -- ILS $ /~/LS
Right-of-Way $ /~
P - 4
WORK DAYS 80
BID NO. ]Tqq
Eqan/Panhandle Area Water Line Replacement PO NO. 3
BID TABULATION SHEET
Unit Price in Words:
Unit Price in Words:
3.12 I Temporary Erosion Control
Unit Price in Words:
SP-46 Misc. Sprinkler System
Adjustments
Unit Price in Words:
2.12.8 Ductile Iron Fittings
Unit Price in Words:
Total Price in Words:
P - 5
WORK DAYS 50
BID NO. ] 7gQ
Eqan/Panhandle Area Sanitary Sewer Replacement PO NO. 4
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE J TOTAL
2.12-C 8" Sanitary Sewer 3,384 LF $
Unit Price in Words: ~ /~
2.12-D 6" Sanitary Sewer
Unit Price in Words: ~
Sp-45 Trenchless Rehabilitation 979 J LF J $ ,~.oo/LF J $~7q~,g~9
Unit Price la Words: ~ ~
6.4-B J 12" Bore & Pressure Grout 662 J LF I $ /~d~)/LF $9~.~O,~O
Unit Prlce la Words:
SP-43 J Asphalt Saw Cut 2,298 LF $ J. oo/LF $~ Z ~.~
Unit Price in Words: ~ ~
WS-17 J Sewer Service 96 EA $
Unit Price in Words: ~
SP-40.B Cut & Plug Sanitary Sewer 13 EA $
Unit Price in Words:
7.6-A 4' Diameter Manhole 15 EA $
SP-41 Remove Manhole 1 EA $ ~d~'6~EA
Unit Price in Words: J~ ~
7.6-B Rebuild Manhole 3 EA $ /~.~A
Unit Price ~n Words: ~t~~~ ~~.~
3-B I Remove Curb & Gutter 48 LF $ ~d).~(~LF $
Unit Price in Words: ~ ~
? - 6
WORK DAYS 50
BID NO. _ 1799
Eqan/~anhandle Area Sanitary Sewer Replacement PO NO. 5
BID TABULATION SHEET
Unit Price in Words:
8'2-A I C°ncrete Curb & Gutter 36 ] LF $ /O.oo/LF $ ~.~
Unit Price in Words~
Unit Price in Words:
8.3-A I 4" Concrete Sidewalk 19
SP-2 Concrete Saw Cut LF $
3'10'3 I Seeding 3,104 I SY $ a.~/SY $~.
Unit Price in Words:
SP-39 Project Signs
1.21 Contractors Warranties, -- LS $~ll.~S
and Understandings
Unit Price in Words:
8.1 IBarricades'and Detours Warning Signs ~ -- LS
Unit Price in Words:
P - 7
WORK DAYS
BID NO.
Egan/Panhandle Area Sanitary Sewer Replacement PO NO.
BID TABULATION SHEET
RiGht-of-Way
Unit Price in Words:
3.12 I Temporary Erosion Control
Unit Price in Words:
SP-8 I Abandon Manhole
Unit Price in Words:
SP-46 I Misc. Sprinkler System __ ILS I $ /O~>~).~S $ /~o~ Ad j u stment s
Unit Price in Words: ~-~~~,
SP-4 Lower Water Lines 2
Unit Price in Words:
Total Price in Words:
ALTERNATE BID
2'12-0 I 8" sanitary Sewer 3,662 I LF $ ~0~O/LF I $/~/~¢
Unit Price in Words:
Unit Price in Words:
Total Price in Words:
P - 8
BID SUMMARY
TOTAL BID PRICE IN WORDS
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 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.
S~)~ Address
City and State
Seal & Authorization
(If a Corporation) ~-
Telephone
B - 1
BID SUMMARY
DES~'~P. IPT'tON WORK DAYH BID pRTCB
Water Line Relocations 80 $
Sanitary Sewer Relocations 50 $
TO' AL
Alternate Sanitary Sewer No change in days $
The water and sewer portions of this project are being separated
for bookkeeping purposes only. Award of the bid will be based on
the total bid. One hundred and thirty (130) work days will be
allotted for the total project and will not be kept separately for
each portion.
B - 2
OCT.-19~ 9S(THIJ) 08:$0 RAMEY & KING TEL:I 817 243 tOSO P. 001
~ ~ ~ ~g~ AS A ~R ~ ~ON O~Y ~
~ NO fl~ U~N ~E CE~A~ HO~E~ ~1~ ~CA~
~MPANI~S A~RDING
5111 ~
PO9.~ ~ D
~ E
'"'~"~ ~ ~ ; ~, ~
A ~ ~ YS~U~ 1~ 1~ ~ ~ ;;
~ ~ ~ ~_.__~ ...................... ~~'~
ADDm~ ~D: ~ ~ ~ON
OCT 19 '95 0B:54 I 8~? 24~ ~050 PRGE, 001
'- CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 19 day of
SEI-t'~4BER A.D., 19 95, by and between
_ CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V..~;f~RRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DICrd~RSON CONSTRUCTION
BOX 181
CRT.INA, TEXAS 75009
of the City of CELINA ., County of COLLTN
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 tko bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1799 - EGAN/PA~A~LE AREA U?TT.TTY REPT.ACR~NT (ITEM #2)
in the amount of ~436,002.00 and all extra work in
connection therewith, under the terms as state~ in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CiTY OF
· .blueprints, and'~th~ drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGINEERING ANDTRANSPORTATiON 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 an~ other City employee benefit. City shall not
have supervision and control of Contractor or .~ny 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, emp~t~Yees, 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 Venua
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
ATTEST:
· ~z~-- ----'--- DICKERSON CONSTRUCTION
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
TITLE
PRINTED NAME
~PROVED ~._S_._T~O___~~ (SM)
AAAO184D
Rev. 07/28/94
CA - 3
IHPORTANT NOTICE
TO OBT~T~ INFORHATION OR MA~t~ A CO~iPr.~TNT;
YOU MAY CONTACT T~E T~IAS D~~ OF
~~CE TO OB~ ~FO~ION 0N CO~I~;
CO~GES, ~G~S OR C0~S AT:
1-800-252-3439
YOU ~Y ~TE ~ T~ D~~ OF ~SU~CE:
P.O. BOX 149104
AUST~, T~S 787!4-9104
F~ ~ (512) 475-1771
p.~EN[IUM OR CLAIM DISPUTES:
S~oLrr,r~ YOU kIA~-E A .DISPUTE CONCEP/9-/NG YO~ P~ OR ~o~ A
~,A~ YOU S~O~ CO~A~ ~ AG~ 0R CO~ ~- IF ~
DISP~E 'iS NOT ~SOL~D, YOU ~Y CO~ ~ T~ D~~
0F ~S~CE.
ATTACH T~S NOTICE T0 YO~ POLICY.
NOTICE IS FOR I~O~ON O~Y ~ DOES NOT BECO~ A P~T
OR CO~ITION OF ~ A~AC~D DO~-
PERFORMANCE BOND
STATE OF TEXAS S
Bond No. 200517
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That DIc~RSON CONSTRUCTION
COMPANY, INC.
, of the City of CEL/NA
County of COT.nlN , and State of ~.~a.~
as PRINCIPAL, and ~A~TFORD CASUALTY INSURANCE COMPANY
, as SURETY, authorized under the laws of
the State of Texas to act as Surety on bonds for principals, are
.4°
held and firmly bound unto the THE CITY OF D~m~N
as OWNER, in the penal s~m of FOUR Lq]NDRED 'I'~Tl~']'¥ .qT~Z 'PR'Cff['qANr~
no/100--- Dollars ($ 436.002.OO ) 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 SEP'r~m~BER ,
19 95 , for the construction of BID ~1799 - EGAN/PANHANDLE ARRA
UTILTTY REPLACEMENT (I'l'~ #2)
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 F~TH~, 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 a~ees that no
change, extension of time, alteration or addition to the te~s of
the contract, or to the work perfo~ed there~der, 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, e~ension of time, alteration or addition to
the tens of the contract, or to the work to be perfo~ed
there~der.
IN WITNESS WH~EOF, the said Principal and Surety have signed
and sealed this instr~ent this 19~ day of SEPTEMBER
19. 95 '
.4.
DICKERSON CONSTRU~ION CO~Y INC. HARTEO~ ~SU~TY INSURANCE CO~A~
Principal Surety
By._~~ ..By:
EDWARD L. M~
Title.. ~ ~ Title ATTO~NE¥-~N-FA~
Address: P.O. Box 181 Address: P.O. BOX 4611
CELINA, TEXAR 75009 HOUSTON, TEXAS 77210-4611
214/382-2123 713/540-1555
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
EI..qE~ & ASSOCrA~ES SURETY/INSURANCE AC~kNC¥. INC.
. 8820 WILL CLAYTON PK~.~ ~{~MR~.E, TEXAn 77338
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
PAYMENT BOND
STATE OF TEXAS S
COUNTY OF DENTON S Bond No. 200517
KNOW ALL MEN BY THESE PRESENTS: That DI~RSON CONSTRUCTION
COMPANY, INC. of the City of CELINA
County of COLLIN , and the State of TEXAS
as principal, and ~ARTFORD CASUALTY INSURANCE COMPANY
authorized under th'~ laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITM OF DENTON
, OWNER, in the penal sum of
.~FOUR HUNDRED THIRTY SIX THOUSAND TWO an~ no/100-- Dollars
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 19 day of SEPTEMBER
19 95
BID #1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT
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 copLed 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 19T~ day Of SEPTEMBER
19.. 95
DICKERSON CONSTRUCTION COMPANY, INC. ~%RTFORD CASUALTY INSURANCE COMPANY
Principal Surety
By _ BY:
EDWARD L MOORE .
Title ~J. Title ATTORNEY-IN-FACT
Address: P.O. BOX 181 Address: P.O. BOX 4611
CELINA, TEXAS 75009 HOUSTON, TEXAS 77210-4611
214/382-2123 713/540--1555
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
RT. RE¥ & ASSOCIATES SURETY/INSURANCE ~RNCy, INC.
8820 W-/~.L CLAYTON PKWY., ~uMBLE, TEXAS 77338
AAA0184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS S
Bond No. 200517
COUNTY OF DENTON S
KNOW AT.T. MEN BY THESE PRESENTS: That DICKT~qnN ~n~T~
COMPANY, INC. as Principal, and ~ARTFO~D CASUALTY INSURANCE COMPANY
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of'~Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the s~m of FORTY THREE THQU~AND SIX HUNDRED and 20/100---
Dollars ($ 20 ), 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:
WHERe. AS, said DIu~RSON CONSTRUCTION ~O~PANY, INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID #1799- EC4kN/P~LE ARRA
UTILITY REPLACEMENT (ITEM #2)
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;
W~EREAS, 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 o~ 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 agains~ 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 DICKERSON CONSTRUCTION COMPANY, /NC.
as Contractor and Principal, has caused these presents to be
executed by
and the said ~ARTFORD CASUALTY INSURANCE COMPANY
as surety, has caused these presents to be executed by its
Attorney-in-Fact ED~mRDL. MOO~E
and the said Attorney-in-Fact has hereunto set his hand this 19TH
day of SEP'£~4BER , 19 95
SURETY: PRINCIPAL:
~%R'ImFOI~/) CASUALTY INSURANCE COMPANY DICKERSON CONSTRUCTION COMPANY, INC.
EDWARD L. MOORE 7~ ~,
Attorney-in-Fact (TITLEi"
AAA0184D
Rev. 07/28/94
MB - 2
HARTFORD CASUALTY INSURANCE COMPANY
EXECUTIVE OFFICE; Hartford, Connecticut
POWER OF AI'rORNEY
Know all man by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY,
corporation duly organized under the laws of the State of Indiana, and having its Executive Office in the City of Hartford,
County of Hartford, State of Connecticut, does hereby make, constitute and appoint
I~.O~ALD E, ELSEY~ BRUCE Co DeHAR~ ~D[./AI~.D L, ~OORE~ P~C~IA M, CA~.~R a~d
· ROSALYN D. 7~L~SSELL of k~UMBLE~ TEXAS
its true and lawful Attomey(s)-in-Fect, with full power end authority to each of said Attomay(s)-in-Fect, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the padormance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permit~d in all a~ons or prcceedings or by law allowed.
-------~:~rrr--=--~'~ - ........................... :----~ ................... ' .....
and to bind the THE HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such
bends and undertakings and other wdtings obligatory in the nature thereof were signed by an Executive Officer of the
HARTFORD CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby
ratifies and ~onflrms all that its sa~d Attorney(a)-in-Fect may do in pursuance hereof.
This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors
of~tbe HARTFORD CASUALTY INSURANCE COMPANY et a meeting duly called and held on the 15th day of June, 1988.
~ 0mZ ~ ~x~ attasli~g bands anal undertakings and 0thor w~ obhgator/ in the n&tu~e ther~K~f, o~e or more Reagent
~;.--~.~.~e~t~ ~A~eiit~ re~ ~t~aspoand~~,~oa~. ~ime to remove any sucfl Rasidant Vt~e-Pras~lent, Rem.! As~atan
· ~Fac=t aholl have flower a~l .auther~e/. '.., _s_ub~Rct to the lem-,s and lirnho~ions of tho pqwer of attorney iasueS to them, to exe=Jte and deliver
RE~Ot.VED. ~ R~n N. H. Se~'. ~iatant ~¢e-Pre~ant, shaJl hove, as long as ho hold~ sud~ c~e. the same ~re as any
R~ _F.~S~L_ ~V~.D. ~ who~e~ the ;remdent er any ~r.:~ere~m, aFlng with any Sec~eta~'.er As~stam Secret3,, has me ;~wer a~d au~'-~dty to
~/· [~ m .~_~_, ~1~ ~.,,~o=n~y~ o~ exac~.ang and attesling .17~3_~ an~ unden~, anc other writings obligatory ,n the nature thereof,
~_g~. ~,_ .a.~ _ _~.._ .S~ _ ..._~_..?= __.al~ey~_ ~r ~?s~as. ~. I~an~g s~th fansi[n, ile .~g~..atoras er fae~m~le seal ~11 ~e valid ~11~nding
with ~R_ _ _E~L_ _VE~D. Ihat. ~ N. H: .S~.. r, _A._~..~St~l.. t ~nt, may, as long as he holds such office, affix his signa~m by fas~imile pul'~,uant to and
me asme enect as ma[ gmntas to v~ce-~ts umler the preceding Resolution.
In Witneee Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be signed
by its Assistant Vise-President, and its corporate seal to be hereto affixed, duly attested by its SecratmT, this 1st day of
August, 1990.
HARTFORD CASUALTY INSURANCE COMPANY
Attest:
STATE OF CONNECTIC '"..':~? . ~.',,,:~..'"' Roi=eft N. H. Saner
COUNTY OF HARTFORD
On this [ar. day of August, A.D. 1990, before me personally came Robert N. H. Boner, to me known, who being by me
duly sworn, did depose and say: that he resides in the County of Hartford, Sate of Connecticut; that he is the Assistant Vice-
President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and which exanuted the
above instrument; that he knows the seal of the said corporation; that the seal affixed to the 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,
COUNTY OF HARTFORD Noteq/~ubli~
CERTIFICATE
I, the undersigned, Assistant Secretary of the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana
Corporation, DO HEREBY CERTIFY that the foregoing and~;~qh, ed POWER OF ATTORNEY remains in full force and has
not been revoked; and furthermore, that the Resolutionsp~ the~tJ~.~r~ of Directors, set forth in the Power of Attorney are now
Signed and sealed at the City of He.ford. .~to~ the '1 ~.~Rr day of ~]~'~]~[B]BE. :19 95
Fotrn S-35{)7-6 (HO) Printed in U.S.A. ~ -_'":~3.~ - .~'~.~E .
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
AAA00350
~v,s~D ,o/,~/~ 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.
~-v~sEo ~o~ C! - 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.
AAAOO350
REVISED 1OI12/94 CI - 3
Insurance Requirements
Page 4
iX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than ~500,000 either in a
single policy or in a combination of basic and umbrella or excess policies. The
policy will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with-t~his 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 (TVVCC).
[ ] 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
~WSEO ~On 2/94 (JI -
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.
AAA00350
m~V~SED ~on2~4 CI - 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.
AAAO0350
.~ws~o ~o/~2/~ CI - 6
Insursnce 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 governme~.tal 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.
AAAO0360
R~v~sEo ~o/~2~o4 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
AAA~0360
REVISED 10/12/94 Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees o~f the contractor who will provide services on the project will
be covered by workers' compensation coverage fo[ 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 contra(~l~b~tidoes not remedy the breach
within ten days after receipt of notice of I~reach from the governmental
entity.
AAAO0350
.~v~sEo ~o/~2/~ CI - 9
WORK DAYS 80
BID NO. 1
Egan/Panhandle Area Water Line Replacement PO NO. 1
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY J UNIT UNIT PRICE I TOTAL
2.12-A 6" Water Line 8,340 I LF $~1.1¢~ /LF I $
26, 4:~ 795.7.
Unit Price in Words:
2.12-BUnit8" Water Lineprice in Words: 634 I LF $~.~ /LF I $23,45~.~AI
2'12-C I 4" Water Line
Unit Price in Words:
6.4-A [ 10" Bore & Pressure Grout 35 J LF I $ /LF $
IO0, - ~. ~o~. -
Unit Price in Words:
2.16-A 3/4" Water ServiCe(public) 139 J EA I $ '~'~,o,"~ /EA I $
Unit Price in Words:
(Private) ~- % ~ I .ol ,2 o~9. '~,.
Unit Price ~n Words:
2.16-C 2" Water Service (Public) 2 EA $ 1~o~.7~ ~.~.~
Unit Price ~n Words:
2.14 I Fire Hydrant 14 EA $
Unit Price ~n Words:
SP-44 Remove Fire Hydrant 7 EA $ /EA I $
Unit Price in Words:
SP-40A I Cut & Plug Water Line 18 I EA $ /EA I $
Unit Price ~n Words:
2.13.1-A 6" Valve 23 EA $
Unit Price in Words:
2.13.1-B 8" Valve 1 EA $
Unit Price ~n Words:
P 3
WO~ DAYS 80
BID NO. 1799
Eqan/Panhandle Area Water Line Replacement ~NO. 2
BID TABU~TION SHEET
~utter ~0.
Unit Price in Words:
3-A I Remove Concrete Pavement 6
Unit Price in Words:
8.2-A Concrete Curb & Gutter 50 LF $
Unit Price in Words:
Unit Price in Words:
Unit Price in Words=
3.9 Sod 440 SY I $ ~ /SY I $
I
Unit Price in Words:
SP-42 Remove Valve Stacks 21 lEA $ /EA I$
Unit Price in Words=
Unit Price in Words:
Understandings I0.~
Unit Price in Words=
and Detours
Unit Price in Words:
3-1 J Preparation of
Unit Price in Words:
P - 4
· ~ WORK DAYS 80
BID NO.
Eqan/Panhandle Area Water Line ReDlacement PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE I TOTAL
SP-10 Rock Excavation 50 CY $ /CY I $
Unit Price zn Words:
SP-37 Excavation Protection ~00 I I',F $ /I',F I $
Unit Price zn Words:
3.12 Temporary Erosion Control -- LS $ ~- ~
Unit Price in Words:
SP-39 Project Signs 2 I EA I $ /EA $
Unit Price in Words:
Adjustment s I. (X)o'~ ~ I.~
Unit Price in Words:
2.12.8 [ Ductile Iron Fittings 2,850 I LB [ $ 2 ~.~_~ /LB I $
Unit Price in Words:
Total Price in Words:
P - 5
WORK DAYS 50
BID NO. 17~q
Eqan/Panhandle Area Sanitary Sewer ReDlacement PO NO. 4
BID TABULATION SHEET
I
I
ITEM DESCRIPTION QUANTITY I UNIT UNIT PRICE I TOTA~
2.12-C 8" Sanitary Sewer 3,384 I LF $ ~m /LF I $
Unit Price in Words:
Unit Price in Words:
SP-45 I Trenchless Rehabilitation 979 I LF I $ /LF I $
Unit Price ~n Words:
Hnig ~r~ce ~n ~ords:
WS-17 Sewer Service 96 EA
E7,44~.
Unit Price ~n Words:
SP-40.B ~ Cut & Plug Sanitary Sewer 13 I EA $ /EA $
Unit Price ~n Words:
Unit Price ~n Words:
aP-41 I Rem°ye Mash°la
Unit Price ~n Words:
7- 6-B m Rebuild Manh°le 3 IEAI$ /~ $
Unit Price in Words:
HnSe ~r~ce ~n ~ords:
P - 6
WORK DAYS __ 50
BID NO. 1799
~-~an/Panha~dle Area Sa~Ltary Sewer Replacement PO NO. 5
BID TABULATION SHF. ET
Drives ~5. % ~ ~. % ^
Unit Price in Words:
Unit Price in Words~
8.3-~ 6" Concrete Driveway 6 SY $ 4o.~ 2~o.~
Unit Price in Words:
8.3-A 4" Concrete Sidewalk 19 SY ~ $ /SY I $
Unit Price in Words~
SP-2 Concrete Saw Cut 109 LF I $ /LF I $
Unit Price in Words:
3-10-3 I Seeding 3,104 Sy $ ~ /sy I $
Unit Price in Words:
SP-37 I Excavation Protection 2,324 I LF $ /LF I $
2.~ 4 ,~ 4~. 7~
Unit Price in Words:
Unit Price in Words:
SP-39 Project Signs 1 EA $ 799.~, 2rD,~
Unit Price in Words:
1.21 Contractors Warranties, -- I LS $ /LS $
and Understandings ~ ;~.o~a $~ /o.~0. ~
Unit Price in Words.'
8.1 Barricades, Warning Signs -- I LS $ /LS $
and Detours ~ ~gO~.~, 2. ~. ~
Unit Price in Words:
P - 7
· ' WORK DAYS 50
BID NO.
E~an/Panhandle Area Sanitary Sewer Replacement PO NO.
BID TABULATION SHEET
Right-of-Way Io, ooo. ~ ~. I o,,oo~.
Unit Price in Words:
Unit Price in Words:
SP-8 I Abandon Manhole 5 $ /EA I$
Unit Price in Words:
SP-46 Misc. Sprinkler System -- LS I $ /LS I$
Adjustments ~ ~-o~. ~ ~.$~.
Unit Price in Words:
SP-4 I Lower Water Lines 2
EA
$
/EA
$
Unit Price in Words:
I TOTALI $ 4~, O~. ~
ALTERNATE BID
ITEM[ DESCRIPTION QUANTITY [ UNIT UNIT PRICE TOTAL
2'12-C I 8" Sanitary Sewer 3,662 I LF $S3, U~ /LF ~o,,4,o.~A
Unit Price in Words:
SP-45 Trenchless Rehabilitation 701 LF $ ~O.~ 4~.o~o' ~
Unit Price in Words:
2 go, 45~. 7~
Total Price in Words: ~o ~,u,,.,,~n~.% t~~ ~-~ ~,} (-'%~.
P - 8
BIT) S~Y
DEEORIPTION WORK DAYS BID PRICE
Water Line Relocations 80 $ ~4~, 444. ~
Sanitary Sewer Relocations 50 $ 43%, oo~. ~
TOTAL ,, 13o $ q ~s, 4~. ~^
Alternate Sanitary Sewer No change in days $ 2So, 48o. ~
The water and sewer portions of this project are being separated
for bookkeeping purposes only. Award of the bid will be based on
the total bid. One hundred and thirty (130) work days will be
allotted for the total project and will not be kept separately for
each portion.
B - 2
BID SUMMARY
TOTAL BID PRICE IN WORDS
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 ~ompliance 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.
Street Address
City and State
Seal & Authorization
(If a Corporation) ~I~-~g~-Z/L]
Telephone
B - 1
OCT 83 '95 ll:48AM LIBERTY MUTUALs. BUSINESS SALES'
INSLIRANL~
This is to Ce~fy that ~~~
N~ ~
l~ NO~ ~U~l~ Insured.
~PE OF POLICY D ~OEO POLICY NUMBER LIMIT OF LIABILITY
~ ~qy Y~M ~V~GE ~ORD~ ~O~ W~ ~PLO~ ~
COMPENSATION T~ $1~,0~ Ea=h
A~denl
Limit
GENERAL ~20/~ ~1-191 ~87~015
$2,~0,000
LIAB I LITY p~ O~ ~
~ O~URR~CE
Pa~ ~ ~e~ ~ Per
AUTOMOBILE 9/1/~ AS2.19i4097~ $1,~,~0 B.L~ P.D. ~
LIABILITY. - -
~ OWNED ~ P~
~ NON~D
~ HmREO ~or~
OTHER ~16/96 M82-191~0~ HIR~ EOUPME~ B~RS~E~ PER PIECE
EOUIPYE~
'~ CO~
PR~EOT: 5CABOODLE ~EA ~L~ (R~~ ~M i 2
~DmO~ INSUreD - O~ OF DEaN
~ M C~: ~ ~e~ UN~S A NU~B~ ~ DaYS m ~REO a~.) e~ Libe~y Mural Croup
)' m
~ C~OFD~ON ~E~ U. A~N
~ ~1 B ~ A~ORi~O REPR~SENTATI~
DE~ON, ~ 7~1 tR~NG, ~. JL (214) ~7~ 10/2~95
J ~ o~E ~NE NURSER OR~ I~E0
~b cer~ficn t~ i~ ~xe~l~ by I .I~R~ ~L G RO~ a~ ~$~ ~uch ~urm~ ~ ~ ~tforded by ~ Com~ni~