1995-216 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
1794 DBR Construction $570,000.00
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance
certificate after notification of the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid
Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and
specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~day of ~~2~ ,1995.
BOB CASTLEBERRY, MA~ ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A P~RO~ED AS-TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
DATE: NOVEMBER 7, i995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1794 - CONSTRUCTION OF COMPOST FACILITIES
RECOMMENDATION: We recommend this bid be awarded to DBR Construction in the
amount of $570,000.00.
SUMMARY: This bid is for the construction of a compost facility at the Wastewater
Treatment Plant. The facility consists of approximately 2 acres of pavement, a pre-
engineered metal building (100 feet x 400 feet), site excavation, drainage
improvements and fencing.
This is an unusual bid in that the City set the bid amount at $570,000.00 for all
bidders. The lowest and best bid would then be determined by the bidder that could
construct the required facilities; ie building, fence, site preparation, drainage and
provide the largest amount of pavement within the $570,000.00 limit. Ail bidders
deducted pavement from their total bid. DBR Construction is the low bidder having
deducted only 3,823 square yards of pavement at $24.00 per yard to get back to the
$570,000.00 base bid.
Public Utility Board recommended approval October 16, 1995.
BACKGROUND: Tabulation Sheet, Location map
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities,
Citizens of Denton
FISCAL IMPACT: The project budget is $600,000.00. The contract award amount
is $570,000.00. The $30,000.00 balance is being retained for possible change orders
as the project progresses. Funds will come from account #674-082-RB93-U501-9101
R~ectfully submitted:
,
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
I--
Z
o~ 0
,-, u~a _..q
CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 7 day of
NOVR. M~F.R A.D., 19 95 ., by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V_
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DBR CONSTRUCTION COMPANY
P.O. BOX 828
DENTON, TEXAS 76202
of the City of DENTON , County of DENTON
and State of T~.×AS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID~ 1794 - COMPOSTING FACILITIES
in the amount of $570,000.00 . 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, ins~rance, 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
ALAN PLUM~R~ASSOCIATES, INC.
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 firet above written.
ATTEST:
MAILING ADDRESS
l~rlOl~ NUI~ER
.
PRI NT~..D NAI~
APPROVED AS TO FORM: (SEAL)
PERFORMANCE BOND BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
STAT~ OF TEXAS S
BOND NO. 5973??
COUNTY OF DENTON S
K~OW ALL MEN BY THESE PRESENTS: That
, Of the City of _
county of DEaN _, and State of
as PRINCIPAL, and CAPITOL INDEMNITY CORPORATION
, as SURETY, authorized under the laws of
the State o( Texas to act as surety on bonds for principals, ar~
· held and firmly bound unto the -~-~ ci~-f OF DE/F/I)N -
as OWNER, in the penal sum of ~T~ ~n S~T~OUSAND and no/190~_-
Dollars ($ 57~.000.00 .. ) for the
payment whereof, the said Principal and Surety bin~ themselves, and
their heirs, administrators, executors, successors and assigns,
Jointly and severally, by these presents:
W~EREAS, the Principal has entered into a certain written
contract with the OWNER, dated the __3___ day of
~9 95, for the construction of B~D ~1794 - CO, POSTING FAC/LI?I~
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
~hall in all r~spects, 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 meanln~ of said
Cont~aot 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 - !
PROVIDED PU~THER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
SurQt¥, for value received, ~tlpulates 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 thQ contra~t, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, th~ ~aid Principal and Surety have signed
and sealed this instrument this. ]4th day of November
19_95 . ~ ~'
DBR Construction Co., Inc. Capitol Indemnity Co,rporation
Principal ..... Surety ,,,
~ ~ ~..~ Title. Attorney-in-~
~d~e~s:~. Box 82s
.,~$, ~j. ,, Address: P.O. Box 5900
Dent~ Texas 76202 Madison, ~isconsin 53705-0900
The name and address of the Resident Agent Of Surety is:
V.R. Damiano, 3r.
17774 Preston Road, Dallas, Texas 75252
NOTE: Date of Bond must not be prior to date of Contract.
A.AA01840
Rev, 07/28/94
PAYMENT BOND BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
STATE OF TEXAS S BOND NO. 597377
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That _DBR. CONSTRUCTION
~AN~' Of the City of Dm~rON
County of D~TON , and the State of T~XAS
as principal, and CAPITOL INDEMNITY CORPORATION
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
T~ CIT~ OF
· OWNER, in the penal sum of
Flv~ auNDRED ~VENTY T~)USAND AND no/100
.................... __ Dollars ($ 570,000.00 )
for the payment whereof· the said Principal and Surety bind
themselves and their heirs, administratorst 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 .. ? day of
BID ~ 1794- COMPOSTING FACILITIES
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 OP 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 p~ovid~d fo~ ih ~aid 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
determin~d in accordanue with said provisions to the same extent as
if they were copied at length herein.
PB - 3
SUr~y, for value received, st~-~ulates 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,
speeification~, 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 W~EREOF, the said Prinoipal and Sur0ty hav~
signed and sealed this instrument this 14th day of November
19_95 ,
DBR Construction Co., Inc. Capitol Indemnity Corporation
Principal
~~,./ z~ Surety
· ~ ~'TI.~e 5~res~dent ~it
Box 828 ___ . _
~%, a~ress. P.O. ~ox 5900,,,,
~.~ntont T~xas 76202 Madison, Wisconsin 53705-0900
(S AL) (SEAr,)
The name and address of the Resident Agent of Surety is:
V.R. Damiano, 3r.
17774 Preston Road, Dallas, Texas 75252
A~Oi§4D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS S BOND NO. 597377
COUNTy OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That
~n-~a.¥ __ , as Principal, and CAPITOL INDEMNITY CORPORATION ------
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
Dollars ($ 57.000.QQ ), ten (10%) percent of the total amount of
the contract for the payment of which sum said r
do hereby bind themselvoq ~ , p inclpal and suret
and severally. ----, their successors and assigns, jointl~
This obligation i~ COnditioned, however, that:
W~iEREAS, said
has this day entered into a written contract with the said ci~y
of Denton to build and construct
BID ~ 1794 -C(~TING FACILITIE~
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 here~n 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,
i~ ls provided that the Contractor will maintain and keep i~ 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 backfilllng that may become necessary 1n connection
therewith and .do all necessar~ work to ,
defective condition ~rowin- ~,,~ -. -- ~a~d t~e repair of an
co s otion of the i prove e C LYS-- r??gg rem the impro e[
~-u~mpiase~ Dy said contractor on
constr~cting the same or oa account of improper excavatio~ or
ckfilling, it being understood that the purpose of this section
to cover all d~fective 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 a reed that the City may do said work in
MB - I
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be ~ubject 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 ~aintenance 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 DBR Construction Co.? Inc.
as Contractor and Principal, has caused these presents to be
executed by Don Richards, ~.resident
. and the said Capitol Indemnity Corp. o. ration
as surety, has caused these presents to be executed by its
Attorney-in-Fact Kathy R. Zacharek
and the said Attorney-in-Fact has hereunto set his hand this 14t~h
day of November , 19. 95 _.
'~. ~~l~:m~i t y Corporation
DBR Co~struct~o.
~-t~~Zpact Don Richards
. L .j..j. ~,~,,~* President
AAAO1840
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.
ATFACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
( INBEMNITY COFIPOttATION
4610 UNIVERSITY AVENUE. SUITE 1400, MADISON, WISCONSIN 53705 0900
PLEASE ADDRESS REPLY [CPO BOX5900, MADISON. WI 53705 0900
PHONE {608) 231 4450 · FAX (6081 231-2029
POWER OF ATTORNEY No: 3 ? 9 2 4 3
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of W~sconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint
..................... V.R. DAMIANO, JR., JAMES V. DAMIANO, SHANE A. HUMPHREY,- .....................
.................... CANDACEDAMIANO, KATHY R ZACHAREK OR KENNETH ZACHAREK ..................
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act
and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract
of suretyship executed under this authority shall exceed in amount the sum of
.................................................. NOTTO EXCEED $5,000,000.00 ..............................................
Th~s Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
held on the 5th day of May 1960:
"RESOLVED, that the President, and Vice-Pres~dent, the Secretary or Treasurer, acting indwldually or otherwise, be and they hereby are granted
the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other
writings obhgatory in the nature thereof, one or more resident v~ce-presidents, assistant secretaries and attorney(s)-m-fact, each appointee to have
the pgwers and duties usual to such ofhces to the bus~ness of th~s company, the signature of such officers and seal of the Company may be affixed
to any such power of attorney or to an,/ certificate relating thereto by facsimile, and any such power of attorney or cerblicate beanng such faosimde
s~gnatures or facsimile seal shall be valid and b~nd ng upon the Company, and any such power so executed and certified by facsimile signatures and
tacsimile seal shall be valid and binding upon the Company m the future with respect to any bond or undertak ng or other writing obligatory in the
nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1993.
CAPITOL INDEMNITY CORPORATION
Attest:
V~rgiline M. Schulte, Secretary i~.~,%~._~?~,cl . Fait. President
STATE OF WISCONSIN
COUNTY OF DANE
On the 1st day of June, A.D., 1993, before me personally came George A Fait, to me known, who being by me duly
sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of
CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
STATE OF WISCONSIN
~ ~- .'Ha
~* *~ t
COUNTY OF DANE Notary Public, Dane Co., WI
~///z ,4a¥~,~ ~.,~ My Commission is Permanent
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the recumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authonzed to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison. Dated the 14th day of t~o~ember ,19 9:5
~'; ~' ~ er, Treasurer
Thru powe~ m valid onJy if the power ol attorney number printed m the upper nght hand corner appears m rud Photocopies, carbon cop~es or
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 Jk
· Any deductibles or self-insured retentions shall be declared in the bid
proposal. If requested by the City, the insurer shall reduce or elim{nate
such deductibles or self-insured retentions with respect to the City, its
I[EVL~ I~D 10/12194
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:
e e 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.
AFRJ011AI
REVISED
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:
A. General Liability Insurance:
General Uability insurance with combined single limits of not less than __
$5o0,ooo shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either ina single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG;'O001 current
edition) is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
A~AI
i[EVISI~D 10~1~94
Insurance Requirements
Page 4
Automob~e Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than~5OO,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
A. Fi~A I
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,
RL~V L~D 10/1~
Insurance Requirements
Page 6
ATTACHMENT 1
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC~84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginn~hg 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.
AFJ~OBAI
P~VISED lO/I 2J~4
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'.~ervices 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.
AJ=I~0~AI
P~VL~ED 10712/94
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~:~f the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom it contracts, and provide to
the contractor:
{a) a certificate of coverage, prior to the other person beginning work
on the project; and
a new certificate of coverage showing extension of coverage, prior
to the end of the coverage 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
AF'FOOI~AI
REV|$F.D
Insurance Requirements
PBge 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.
AFl. ORA 1
REVIeWeD 10~12~4
457-0435
PROPOSAL
Bid o~ ~_~~ ~ ~ ~ ~ ~,,~~ Date ~~_~
(Name of Firm)
TO: Mr. Tom D. Shaw, C.P.M., Purchasing Agent
City of Denton
901-B Texas Street
Denton, Texas 76201
FOR: Composting Facilities
The undersigned, as Bidder, declares that the only person or parties interested in this proposal
as principals are those named herein, that his proposal is made without collusion with any other
person, firm, or corporation; that he has carefully examined the form of contract, Invitation For
Bids, Instructions to Bidders, the General and Supplementary Conditions, Specifications, and the
Drawings herein referred to, and has carefully examined the locations, conditions, and classes
of materials of the proposed work; and agrees that he will provide all the necessary labor,
machinery, tools, apparatus, and other items incidental to construction, and will do all the work
and furnish all the materials as called for in the Contract Documents in the manner prescribed
and according to the Plans and Specification requirements of the OWNER as herein set forth.
Accompanying this proposal is a (certified or cashier's check payable to the OWNER) (Bid Bond)
In the amount of ~'~ ,~. ~ ~,~/~-~, ;~'*',,~',~'~ ~z~. ~..-.~ ~ ac)
The bid security accompanying this Proposal shall be returned to the Bidder, unless in case of
the acceptance of the Proposal, the Bidder shall fail to execute a Contract and file Performance,
Payment and Maintenance Bonds within ten (10) days after its acceptance, in which case the bid
security shall become the property of the OWNER, and shall be considered as payment for
damages due to delay and other inconveniences suffered by the OWNER on account of such
failure of the Bidder. It is understood that the OWNER reserves the right to reject any and all
bids received.
The item prices included in this Proposal do not distinguish between costs for Materials and
Services included in each item; however, the successful Bidder will be required to submit a
breakdown of these items by completing the Special Provision form included with the Contract
Agreement in these Contract Documents. The inclusion of this form into the Contract has been
instituted in order to institute the resale procedure set forth in Texas House Bill 11 (72nd
Legislature, 1st C.S.), which amended the Texas Tax Code Section 151.311.
00300-1
457-0435
By the successful Bidder entering into a separated contract, he will become a seller of the
materials purchased for the Project, which will obviate paying taxes on the materials incorporated
into the Project.
Services are not sales tax exempt. The successful Bidder will be required to pay all appropriate
sales taxes for all services as set forth herein.
For purposes of these Contract Documents, the following definitions are provided for Materials
and Services:
Materials: Materials are those items which are tax exempt and which are physically
incorporated into the facility constructed for the OWNER. Materials include, but are not
limited to, purchased items such as pipe, embedment, concrete, manhole rings and covers
and barrel sections, riprap, asphalt, roadbase and subbase, etc.
Services: Services are those items used by the successful Bidder, but which are not
physically incorporated into the OWNER's facility and/or are items which are consumed by
construction. Services include, but are not limited to, items such as supplies, tools, concrete
forms, scaffolding, temporary storage buildings, the purchase or rental or lease of equipment,
etc.
For further information concerning taxes as they relate to materials and services, the Bidder shall
refer to House Bill 11 and/or contact the Texas Comptroller of Public Accounts, Austin, Texas.
Additional information is also provided on the Special Provision form included in these Contract
Documents.
Prices shall be shown in words and figures. In the event of a discrepancy, the words shall govern
for lump sum prices.
The undersigned hereby proposes and agrees to perform all work of whatever nature required,
in strict accordance with the Plans and Specifications, for the following sum of prices, to wit:
00300-2
457-0435
BID SCHEDULE
FOR
COMPOSTING FACILITY
Item Description/Unit Price Unit Price Extended
No. Quantity Unit In Words in Figures Amount
Base Bid
I 1 LS For construction of the
Composting Facilities
including all site grading,
drainage structures, metal
building, utilities, and other
appurtenances including
concrete paving complete as
shown on the Plans and
described in the
Specifications for.,a total lump ,
sum amount of_¢~
.~,, ?/~,~,v',-,~',,~./,~//,~,~;. Dollars and
~:~ Cents. $ NA $ .~"~' .,,~',
~=e~Deduct
2 _~',¢',~._~' SY Add or deduct from Base Bid
" (Bid Item 1) for concrete
paving
the sum of,,4/~~,.¢~,,~
Dollars and ~ CentS"
per square yard. $~ _$~ ~--
TOTAL AMOUNT BID
Total Amount Bid (Bid Items 1
and 2) $ 570,000
00300-3
457-0435
TOTAL AMOUNT BID FOR MATERIALS $ ,.Y-~' ~. ~--
TOTAL AMOUNT BID FOR SERVICES $,,',~ ~o~ ~
The OWNER has budgeted $570,000.00 for the contract amount for this project. However, the
OWNER desires to maximize the amount of paving surface constructed in this project. Therefore,
Bid Item #2, Add or Deduct from the Base Bid (Bid Item 1), is used to reach the Budget Amount.
The contractor shall fill in the Quantity of Paving and the unit price, that he will add or deduct from
the Base Bid (Bid Item 1) to reach the Total Amount (Bid Item 3).
IT IS UNDERSTOOD THAT THE CONTRACT WILL BE AWARDED ON THE BASIS OF
MAXIMIZING THE AMOUNT OF CONCRETE PAVING SHOWN IN BID ITEM NO, 2.
The definition of "paving" in Bid Item No. 2 includes the excavation, grading, base and subbase
preparation necessary to construct that paving as shown in the plans.
The undersigned agrees to substantially complete all work covered by these Contract Documents
in accordance with paragraph 5.0, TIME ALLOTTED FOR COMPLETION AND NOTICE TO
PROCEED of the SUPPLEMENTARY CONDITIONS. In the event that the project is not complete
within the allotted time as specified herein, the OWNER will assess liquidated damages in
accordance with paragraph 13.0, LIQUIDATED DAMAGES of the SUPPLEMENTARY
CONDITIONS.
In the event of award of a contract to the undersigned, the undersigned will furnish Performance
and Payment Bonds 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 of all lawful claims for labor performed and materials
furnished in fulfillment of the Contract.
The work proposed to be done shall be accepted when fully complete and finished in accordance
with the Plans and Specifications, to the satisfaction of the OWNER.
00300-4
457-0435
The undersigned certifies that the b~ "es contained in this Proposal have been carefully
checked and are submitted a correct 'inal.
Receipt is hereby acknowledged of the following addenda to the Contract Documents:
Addendum No. 1 dated Received ~'j.~',~ J~'-''
Addendum No. 2 dated Received
Addendum No. 3 dated Received
Addendum No. 4 dated Received
Addendum No. 5 dated Received
Respectfully submitted,
Attested by:
Signature
- Printed Na~e and Title
Mailing Address ,,,~ .........
Street Address .:: ~ ~ _
~andState [~ ~ ~ ~ ~
'~, ~ ~'~ ..~.
~elep~ne Number ,,,~. ¥~
Seal and Authorization
(If Corporation)
Note: Do not detach bid forms from this bound document. Fill in with ink and submit complete
with attached papers. Do not Insert additional or conditional statements or deletions to
this Proposal.
00300-5
NOV.-14' 95(TUE) 12:21 RA~EY & KING TEL:I 817 245 1050 P. 001
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