1993-003ORDINANCE NO. 5 -
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 com-
petitive 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 receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements 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 con-
struction 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 be-
ing the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1433 DICKERSON CONSTRUCTION $36,750.00
1440 FOOD SMITH $18,841.00
1447 CLIFFORD E. FOGUS CO_ $424,600.00
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, 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 Propos-
als, and documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied 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 here-
by 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 im-
mediately upon its passage and approva .
PASSED AND APPROVED this the day of ,1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: c
CASTLEBERRY,
DATE: JANUARYS, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1433 - BORE ACROSS I-35 AT EXPOSITION MILLS
RECOMMENDATION: We recommend this bid be awarded to the only bidder,
Dickerson Construction in the total of $36,750.00.
SUMMARY: This bid is for all labor and materials to bore under I-35 near Exposition
Mills Mall. This bore which will be'used as a utility crossing, is approximately 300
feet in length and the contractor will install two 5" schedule 40 PVC conduit, one 12"
waterline and one 24" internal diameter steel casing.
One bid was received in response to six bid packages mailed.
BACKGROUND: Tabulation Sheet, Memorandum from Festus Okolie, PUB Meeting
Minutes December 14, 1992.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utilities Department and the
Citizens of City of Denton.
FISCAL IMPACT: Funds for this project are available from Budgeted Account #610-
080-0252-9220 the balance is $1,002,080.96.
esppeecctfully submitted:
Lloyd V. Harre
City Manager
Prepared by:
Name: Denise Harpdol
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
agenda.322
BID # 1433
BID NAME BORE ACROSS 135 @STA. 634 &30 DICKERSON
CONST.
OPEN DATE NOVEMBER 17, 1992
# JQUANTITYJ DESCRIPTION VENDOR
1.
BORE ACROSS 135 @ STATION 634
& 30 IN PROXIMITY OF
EXPOSITION MILLS MALL
300 L.F.
JALT.1 @122.50LFI
I I
JALT.2 @110.00LF1
VENDOR
VENDOR
CITY Of DENTON MUNICIPAL UTILITIES/901-A Texas Street/Denton, Tx 76201
MEMORANDUM
TO: Denise Harpool, Senior Buyer
FROM: Festus Okolie, Engineering Associate
DATE: November 23, 1992
SUBJECT: BORE ACROSS I-35 AT STA. 634+30 - BID #1433
The Electric Utility Staff recommends the award of the contract for
the bore across I-35 at Station 634+30 to Dickerson Construction
for alternative I at $122.50 per linear foot. The total footage
for the bore is 300 feet, for the total cost of $36,750.00.
11232002
FO:tn
CC: Jim Harder, Director of Electric Utilities
Joe Cherri, Electric Engineering Administrator
Ralph Klinke, Superintendent of Electric Distribution
DEC-21-192 MON 09:05 ID: ITY OF DENTON UA TEL NO:817-566-8120 #344 PO1
EXCERPT
PUBLIC UTILITIES BOARD MINUTES
DECEMBER 14, 1992
12. CONSENT AGENDA:
b) CONSIDER BID # 1433 FOR BORE ACROSS I-35 NEAR EXPOSITION
MILLS.
Motion by Laney to approve the Consent Agenda in toto,
second by Giese. All ayes, no nays, motion carried.
DEC 21 '92 09:03 ITY OF DENTON UA PAGE.001
DATE: JANUARY 5, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1440 - FIRE STATION #4 DRIVEWAY
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Floyd
Smith in the amount of $18,841.00.
SUMMARY: This bid is for the construction of driveway improvements and a turn
around at Fire Station #4. The major components of the project are the removal of
332 square yards of concrete and the installation of 650 square yards of 6" lime
subgrade and 650 square yards of 6" reinforced concrete driveway.
BACKGROUND: Tabulation Sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fire Department, Engineering
and Citizens of Denton.
FISCAL IMPACT: Funds for this project will come from Certificate of Obligation
funds approved by Council for building renovation. The original budget was
$27,000.00, engineers estimate was approximately $20,000.00.
Account #445-020-PRKG-9220-9127 current balance $22,700.00.
espectfully submitted:
4. ~j 414 4 ~ ~ /
Lloyd V. Harr
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
agenda.321
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DATE: JANUARY 5, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1447 - NORTH LAKES PARK PHASE II
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Clifford E. Fogus Co. in the base bid amount of $368,400.00 plus alternate #1 for 6"
Flex base on parking lots at $56,200 and alternate 42 for 5" concrete roadway in lieu
of asphalt at zero ($0). Total bid award $424,600.00.
SUMMARY: This bid is for the construction of North Lakes Park Phase II including
softball fields, soccerfields, backstops, playground equipment, picnic units park
benches, water/sewer lines and hike/bike trails.
BACKGROUND: Tabulation Sheet and Memorandum from Bob Tickner,
Superintendent of Parks.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation
Departments and Citizens of Denton.
FISCAL IMPACT: This is a 50/50 jointly funded project between the City of Denton
and Texas Parks and Wildlife Department. The budget estimate for this phase was
$5655000.00.
City of Denton funds will come from Park Bonds #465-038-0063-9009 and Texas Parks
and Wildlife Project #20-00401.
Res/p~ectfu ly submitt
~U
Lloyd V. Harr 11
City Manager _
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
320.AGENDA
-
Inr n.
52
CITY of DENTON, TEXAS
MUNICIPAL BUILDING / 215 E McKINNEY / DENTON, TEXAS 76201
M E M O R A N D U M
TO: Tom Shaw, Purchasing Agent
FROM: Robert K. Tickner, Superintendent of Parks
DATE: December 18, 1992
SUBJECT: Recommendation on Bid #1447 North Lakes Park Phase II
Texas Parks and Wildlife Department Project #20-00401
We have reviewed the bids received for Bid #1447 North Lakes Park
Phase II Texas Parks and Wildlife Department project #20-00401. We
wish to recommend the low bidder of Clifford E. Fogus Company, 2333
Hinton, Irving, Texas 75061 in the amount of $368,400.00.
We also recommend to add alternate #1 in the amount of $56,200 for
the installation of 6" flex base in the two parking lots as well as
accept alternate #2 to construct roadway with 5" concrete in lieu
of asphalt at zero (0) dollars increase. These alternates will
make the project a total of $424,600.
This part of the project includes all dirt excavation and grading,
for the construction of four softball fields, nine soccer fields,
ballfield backstops and fencing, playground equipment and
installation, five picnic units, five park benches, one mile of 8
foot concrete hike/bike trail and water sewer lines.
The budget estimate for this phase of the 1.45 million project was
$565,000. The next phases of the project will be bid in the next
few months. These phases includes lighting four ballfields, and
four soccer fields, restroom/concession building, large group
picnic pavilion, fishing pier, concrete flat work around
restroom/concession building, irrigation system and hydro-mulching
for turf grass.
8171566-8200 D/FW METRO 434-2529
December 18, 1992
Page - 2
There were eleven bidders for the first construction phase. I have
attached the bid tabulation sheets. Please advise if I can provide
any additional information.
obert K. Tickner
Copy to Rich Dlugas, Director of Parks & Recreation
ATTACHMENT
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CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON G
THIS AGREEMENT, made and entered into this 5 day of
JANUARY A.D., 19 93 , by and between
CITY OF DENTON
of the County of DENPON and State of Texas, acting
through LLOYD v. BARBELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
FLOYD SMITH, P.O. BOX 1781, DENTON, TEXAS 76202
of the City of DENTON , County of DENTON
and State of TEXAS
hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1440 - FIRE STATION #4 DRIVEWAY PLANS in the amount of $ 18,841.00
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
CA - 1
all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications
therefore, as prepared by ENGINEERING STAFF
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:
Flom SMITH
CONTRACTOR
By ~/Gf~ Lyl~
Title
(SEAL)
APPROED AS TO FORM:
/.2 3"- 4~~ y Attorney
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH
of the City of DENTON
County of DENTON , and State of TEXAS
as PRINCIPAL, and Universal Surety of America
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 EIGHTEEN THOUSAND EIGHT HUNDRED FORTY ONE
AND no/100--------------------- Dollars 18,841.00 ) 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 5 day of JANUARY ,
19 93 , for the construction of BID # 1440 - FIRE STATION #4 DRIVEWAY
PLANS in the amount of $18,841.00.
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 Article 5160 of the Revised Civil Statutes of Texas
as amended by acts of the 56th Legislature, Regular Session, 1959,
and all liabilities on this bond shall be determined in accordance
with the provisions of said Article to the same extent as if it
were copied at length herein.
PB - 1
bond,
Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in anyway
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
PROVIDED FURTHER, that if any legal action be filled upon this
venue shall lie in DENTON County. State of
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 21 day of Sanuary ,
19 QA .
Floyd Smith
Principal
By
Title
Address: P.O. Box 1781
Denton, Texas 76202
(SEAL)
Address: 950 Echo Lane. Suite 50
Houston, Texas 77024
(SEAL)
The name and address of the Resident Agent of Surety is:
Ramey King & Minnis
101 S. Locust Suite 707, Denton. Tx. 76201
NOTE: Date of Bond must not be prior to date of Contract.
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF
DENTON
KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH
of the City of DENTON
County of DENTON , and the State of TEXAS ,
as principal, and universal Surety of America
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
no/100--
EIGHTEEN THOUSAND EIGHT HUNDRED FORTY ONE AND Dollars ($18,841.00
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 5 day of JANUARY
199_ .
BID # 1440 - FIRE STATION #4 DRIVEWAY PLANS
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 Article 5160 of the Revised Civil Statutes of
Texas as amended by the acts of the 56th Legislature, Regular
Session, 1959, and all liabilities on this bond shall be determined
in accordance with the provisions of said Article:/to'the same
extent as if it 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 21 day of January
19 93 .
Floyd Smith
Principal
By MIA/.
Title 1~7~t
Universal Surety of America
Surety
/f
Tit e. A orne In act
Address:
P.O. Box 1781
Denton, Texas 76202
(SEAL)
Address: 950 Echo Lane Suite 250
Houston, Texas 77024
(SEAL)
The name and address of the Resident Agent of Surety is:
Ramey King & Minnis
101 S. Locust Suite 707, Denton, Tx. 76201
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH
as Principal, and Universal Surety of America
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 ONE THOUSAND EIGHT HONDRED EIGHTY FOdR AND 10/100
Dollars 1.884.10 ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said FLOYD SMITH
has this day entered into a written contract with the said City
of Denton to build and construct rxrn a 1440 - FIRE STATION #4 DRIVEWAY
PLANS
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 Floyd Smith
as Contractor and Principal, has caused these presents to be
executed by Universal Surety of America
and the said Universal Surety of America
as surety, has caused these presents to be executed by its
Attorney-in-Fact Jeff P. King
and the said Attorney-in-Fact has hereunto set his hand this 21
day of January , 19 93
SURETY:
PRINCIPAL:
Floyd Smith
MB - 2
UNIVERSAL SURETY OF AMERICA
950 Echo Lane, Suite 250, Houston, Texas 77024
Bond No. 698-1110
For verification of the authority of this power you may telephone (713) 722-4660.
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Know Ali Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws
of the State of Texas, and having its principal office in Houston. Texas, does by time presents make, constitute and appoint
Jeff P. King
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and
deliver bonds for:
Principal Floyd G. Smith dba Floyd Smith Concrete Contractor
Obliges Chyof person. Texas.
Amount 18.841.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of
the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fad may do within the above
stated limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal
Surety of America at a meeting held on the 11th day of July, 1984.
"Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with loll power
and authority to appoint any one or more suitable persona as Attorney(s)-in-Fact to represent and ad for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or primed by facsimile to
any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and Its
corporate seal to be hereto affixed this 15th day of October A.D., 19 90 .
UNIVERSAL SURETY OF AMERICA
M,.tr. a
By
State of Texas„' „+lI Jah moz Jr. President
•,~y_..,•
County of Harris sat:
On this 15th day of October , In the year 90 before me Wendy W. Stuckey a notary pub0eq personally appeared
John Knox, Jr., personally known to me to be the person who executed the within Instrument as President, on behalf of the corpora-
tion therein named and acknowledged to me that the corporation executed It.
sn w.u~
so,d Notary Public
I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of
the original Power of Attorney issued by said Company, and do hereby further certify that do said Power of Attorney is still in force and effect.
GIVEN under my hand and the seal of said Company, at Houston, Texas, this 21 day of January , 19 93 ,
100~ or Secretary
TOTAL PAGE.002
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 low
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:
o 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 W.
o 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
officials, agents, employees and volunteers; or, the
CI - 1
[X] 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:
o Coverage A shall include premises, operations, products,
and completed operations, independent contractors,
contractual liability covering this contract and broad
form property damage coverages.
o Coverage B shall include personal injury.
o 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:
o 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.
o Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than
$500,000 per occurrence either in a single policy or in a
combination of underlying and umbrella or excess policies.
The policy will include bodily injury and property damage
liability arising out of operation, maintenance or use of any
auto, including owned, non-owned and hired automobiles and
employee non-ownership use. (ISO Form CA 0001 Current
Edition)
[X] Workers Compensation Insurance
Contractor shall
insurance which,
requirements for
Liability limits
$100,000 per eac.
purchase and maintain Worker's Compensation
in addition to meeting the minimum statutory
issuance of such insurance, has Employer's
of at least $100,000 for each accident,
h employee, and a $500,000 policy limit for
CI - 3
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.
CI - 4
~®'C
ISSUE DATE (MMIDDNY)
}
,
>+11M
•411M
~76
4
r bld
M I-M-
gra.43ET
PRODWBHI II 211219 1466
g,
D AS A MATTER OF INFORMATION (J,f+t,.T~ses
IP
doe Pouu 8 76x6-2229
Lake Dallas xv-a9]-6060
D
I N CQIJIHT UPppN THE CERTIFICATE HOLDER. THIS CERTIFICATE
:DOES NOT AME TEflD OR ALTER THE COVERAGE AFFORDED BY THE
Fa M` 4-a 1q~s
f;afpey Ong 8 ~OMRtisaJ11,8Yrence
BUSINESS" ROW018111 BE41WO LIFE
101 S. Locust
Suite 707
since 1881 COMPANIES AFFORDING COVERAGE
Denton TX 78201.
CODE SUBCODE
CLOEMPA Y A Trinity
.
i COMPANY B
LETTER
SU
INSURED
Floyd Smith Concrete Contr
COMP
Y C
LETTER
Floyd Glenn Smith
P O Box 1781
COMPANY D
Denton TX 76201•
LETTER
COMPANY E
LET ER
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER :POLICY EFFECTIVE ;POLICY E%PIRATgN LIMITS
DATE (MMrDD" DATE (MMIDDIYY)
GENERAL LIABLffV GLA7474018 05101192 05/01/93 GENERAL AGGREGATE ii 1000000
..f
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO
CLAIMS MADE : X OCCUR. PERSONAL S ADV INJURY 500000
iOWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE f $00000
FIRE DAMAGE (My one fire) :f 50000
....5666
MED. EXPENSE (My ~
one rrun), f
AU70MOBLE LIABILITY
ANY AUTO
ALL OWNED AUTO$
:SCHEDULED AUTOS
;HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
100000
100000
Waiver of Subrogation: City of Denton
Additional Insured: City of Denton
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
901 Texas I~> MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Denton TX 76201• LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
z~ UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
KELLER OFFICE D~ 1111-11111EQ R'FIFF
AUTHORU ED REPRESENTATIVE
415 NOKTH MAIN S'F. FIRST S1ATE BANK BLDG. 1016 WF,S 2M AI SUITE. 206
8V-4)1.1141 101 SOUTHi£.Q,lC'p'`'_T_ST_.JSR7yI'E) H-
FAX 817-431 3)60 :f{f9.lilOaOPI RI00 °r~l Mlnnls Insurance
ALLSTATE WRYNE HOLT
TEL:817-566-5942 Jan 26,93 13:59 No.002 P.02
CERTIFICATE OF INSURANCE
Q ALLSTATE INSURANCE COMPANY ❑ ALLSTATE INDEMNITY COMPANY ❑ ALLSTATE TEXAS LLOYD'S
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFI-
CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CERTIFICATE HOLDER
NAMED INSURED
Name and Address of Party to Whom this Certificate Is Issued
Name and Address of Insured
City of Denton its Officials, Agents
Floyd Smith
Fmployees and Volunteers as additional
P 0 Box 1781
insureds
Denton, Tx. 76201-1781
This Is to certify that policies of Insurance listed below have been Issued to the Insured named above subject to the expiration date Indicated below,
notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may
pertain. The Insurance afforded by the policies described herein Is subject to all the terms, exclusions, and conditions of such policies.
TYPE OF INSURANCE AND LIMITS
COMMERCIAL GENERAL LIABILITY Policy Effective
Number Dale
Expiration
Date
Limit
Amount
GENERALAGOREGATE LIMIT (Otherlhan Products - Completed Operations)
PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT
PERSONAL AND ADVERTISING INJURY LIMIT
EACH OCCURRENCE LIMIT
PHYSICAL DAMAGE LIMIT
S
ANY ONE LOSS
MEDICAL EXPENSE LIMIT
S
ANY ONE PERSON
WORKERS' COMPENSATION6 Policy Effective
EMPLOYERS' LIABILITY Number Date
Expiration
Date
Coven
Limits
'
WORKERS' COMPENSATION
STATUTORY- applies only In thefollowln states:
-
'
BODILY INJURY BY ACCIDENT
=
EACH ACCIDENT
EMPLOYERS
LIABILITY
BODILY INJURY BY DISEASE
EACH EMPLOYEE_
BODILY INJURY BY DISEASE
i
POLICY LIMIT
AUTOMOBILE LIABILITY Policy 49-603074 Effective 06-11-92
Number Date
Expiration
Date 06-11-93
Coverage Basls
Limits
MANY AUTO 0 OWNED AUTOS ■ HIRED AUTOS
Combined SNGIe Llmll of LIsbIINy
SODILY INJURYd PROPERTY DAMASE
EACH ACCIDENT_
IIISPECIFIEDAUTOS ■ NON•OWNEDAUTOS
Split LIebllit Limits
fhadily injury
foe Damage
Each
NEO PRIVATE PASSENGER AUTOS
OO
W
.
PERSON
0OWNED AUTOS OTHER THAN PRIVATE PASSENGER
i
ACCIDENT
UMBRELLA LIABILITY Policy Effective
Number Date
Expiration
Date
EACH OCCURRENCE
GENERAL AGGREGATE
PRODUCTS- COMPLETED OPERATIONS AGGREGATE
S
it
OTHER (Show Policy Effective
type of Policy) Number Date
Expiration
Date
DESCRIPTION OF OPERATIONSA.OCATIONSIVEHICLESMESTRICTIONS/SPECIAL ITEMS
CA14CELLATION 01-25-93
Number of days notice 30
AL orawaenreeenaie'.'-.-------'-'-- Palo
Should any of the above described policies be cancelled before the expir tlon date ,thelasuing company will endeavor to mail within the number of
days entered above, written notice to the certificate holder named above. But failure to mall such notice shall Impose no obligation or llablllty of any
kind upon the company, its agents or representatives.
U10523-2
IAN 26 '93 14:04
817 566 5942
PAGE.002
BID SUMMARY
TOTAL BID PRICE IN WORDS
Ei&htaan thousand eight hundred forty-one and no/100-----------------------
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
Floyd Smith
CONTRACTOR
BY P.O. Box 1781
Street Address
Denton. Texas 76202
City and State
Seal & Authorization
(If a Corporation) _(817) 565-0114
Telephone
B - 1
Fire Station #4 Driveway and Turn Around
BID TABULATION SHEET
WUFK DAYS 1D
BID NO. 144n
PO NO.
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
3-B
Remove Concrete Curb and
Gutter
67
LF
$ 3.00/LF
S 201.00
3-C
Remove Concrete Drive and
Sidewalk
332
BY
$ 4.50/Sy
$ 1,494.00
3.3
Unclassified Excavation
135
CY
$ 4,50/Cy
$ 607.50
3.7
Compacted Fill
55
Cy
$ 1.00/Cy
$ 55.00
8.3-8
6" Reinforced Concrete
Driveway
605
SY
S 22.00/Sy
$13 310.00
8.3-A
4" Concrete Sidewalk
4
Sy
$ 22.00/Sy
$ 88.00
SP-2
Concrete Saw Cut
45
LF
$ 3.00/LF
$ 135.00
8.1
Barricades, Warning Signs
and Detours
-
LS
$ 200.00/LS
$ 200.00
1.21
Contractors Warranties
and Understandings
-
LS
$ /LS
475.50
$
475.50
3.1
Site Preparation
-
LS
$ 50.00/LS
$ 50.00
4.6-B
6" Lime Subgrade
650
BY
$ 2,50/Sy
$ 19625.00
4.6-A
Type A Hydrated Lime
Slurry
8
TON
$ 75.00/TN
$ 600.00
Materials incorporated
into project plus labor
$
Other
$
TOTAL
5181841.00
P - 3
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 5 day of JANUARY
A.D., 1993 , by and between THE CITY OF DENTON
of the County of DENTON and State of Texas, acting through
LLOYD V. HARRELL thereunto duly authorized so to do,
hereinafter termed 'OWNER,' and CLIFFORD E. FOGUS COMPANY. 2333 HINTON.
IRVING, TEXAS 75061
of the City of IRVING , county of DALLAS
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 bearing even date herewith, CONTRACTOR
hereby agrees with OWNER to commence and complete performance of the work
specified below:
BID # 1447 - NORTH LAKES PARR PHASE II in the amount of.S424_600.00
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, blueprints, and
CA-1
0114s
cher drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by
7 T DUNKIN & ASSOCIATES INC -f
, 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
0114s
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
ATTEST:
CA-3
CLIFFORD E. FOGUS COMPANY
CONTRACTOR
e C/
(SEAL)
0114s
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOCUS COMPANY
, of the City of IRVING
County of DALLAS , and State of TEXAS
as PRINCIPAL, and EMPLOYp.RR MTTTHAT racTTATTV sQM;2AX4r
, 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 FOUR HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED AND
no/100-------------- Dollars 424,600.00 ) 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 5 day of sANUARY , 19 93 , for the construction of
BID # 1447 - NORTH LAKES PARK PHASE II in the amount of $424,600.00
which contract is hereby referred to and made a dpart 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;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed 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 anywise 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 ijmu day of TANTTARV , 1993_.
Principal
By 67
Title
r•nsnr 0:99P + M. UTUn• GKS rr 1my nn
Surety
~GLL: ~CG~/~~
Title ATTORNEY-IN-FACT
Address 2,333 HINTON
IRVING, TEXAS 75061
(SEAL)
The name and address of the Resident Agent of Surety is:
(SEAL)
X,*IITCy'IkEL'•_;-' Ig~Ji #A\*Cl1 ,'•A;e~" ~'."'Y C'G:i':AH
93910 PAIGI; -RED STTTTF. "'C'"' THE C0T,0NV. TRYAR 75056
NUPE: Date of Bond must not be prior to date of Contract.
PB-2
Address 5910 PAIGE RD.. SUITE "C"
THE COLONY, TEXAS 75056
0091b
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOGUS COMPANY
of the City of IRVING
County of DALLAS , and State of _ TEXAS , as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly hound unto THE CITY OF DENTON
, OWNER, in the penal sum of FOUR HUNDRED TWENTY FOUR
THOUSAND SIX HUNDRED AND no/100------------------------- Dollars (t 424.600.00 )
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has
with the Owner, dated the 5 day of
entered into a certain written contract
JANUARY
BID # 1447 - NORTH LAKES PARR PHASE II
, 1993
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 prosection 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 Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it 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 anywise 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 WITHNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 11THday of JANUARY , 19 93
CLIFFORD E. FOGUS COMPANY
Principal
By
Title~/6r-
EMPLOYERS MUTUAL CASUALTY CO.
Surety
,LGLL ~ j ~L~.E/C~
Title ATTORNEY-IN-FACT
Address 2333 HINTON
Address5910 PAIGE RD., SUITE "C"
THE COLONY, TEXAS 75056
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
KITCHELL INSURANCE AGENCY
5910 PAIGE RD., SUITE "C" THE COLONY, TEXAS 75056
PB-4
0092b
MAINTENANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: THAT CLIFFORD E. FOGUS
COMPANY as Principal, and EMPT.OYF.RR MTTTTTAT. !'AGTTAT.TV rOMn11NS
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 FORTY TWO THOUSAND FOUR
HUNDRED SIXTY AND No/loo Dollars 42,46n-on 10% of
the total amount of the contract for the payment of which sum said principal and
surety do hereby bind themselves, their successors and asssigns, jointly and
severally.
This obligation is conditioned, however, that:
WHEREAS, said CLIFFORD E. FOGUS COMPANY
has this day entered into a written contract with the said City of Denton to build
and Construct BID # 1447 - NORTH LAXE PARR PHASF. TT
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 incorporatd 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.
MB-1
0093b
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
CLTFFORn F. FOrrrG enMPANV as Contractor and Principal, has caused
these presents to be executed by KITCHELL INSURANCE AGENCY
"and the said EMPLOYERS MUTUAL CASUALTY COMPANY
as surety, has caused these presents to be executed by its Attorney-in-Fact
JOHN F. KITCHELL and the said Attorney-in-Fact has hereunto set his hand
this 11TH day of JANUARY , 1993 .
SURETY:
EMPLO 0.
BY: ZL`t.GIiL
JOH F. KITCHELL
Attorney-in-Fact
PRINCIPAL:
nT.TFFnPn R. Fnang rnMDaNV
MB-2
0093b
INSURANCE:
11.1.1 In the first line following the word "maintain", insert the words "within a company or
companies licensed to do business in the state in which the project is located."
11.1.1.7 Liability insurance shall include all major divisions of coverage and be on a
comprehensive basis including:
1. Premises - Operations (including X-C-U).
2. Owner's and Contractor's Protection.
3. Products and Completed Operations.
4. Contractual - including specified provisions for the Contractor's obligations under
paragraph 4.18.
5. Owned, non-owned and hired motor vehicles.
11.1.2 Add the following:
1. Workman's Compensation - Statutory Employers' Liability - $1.000.000.00
2. Public Liability: Per Person Per Occurrence Aggregate
a. Bodily Injury $1,000,000.00 $1,000,000.00
b. Property Damage $ 500,000.00 $ 500,000.00
3. Automobile Liability:
a. Bodily Injury $250,000.00 $ 500,000.00
b. Property Damage $ 100,000.00
4. Independent Contractors - Same limits as above.
5. Products and Completed Operations - Same limits as above for two years
commencing with issuance of final Certificate of Payment.
6. Contractual Liability - Same limits as above. Broad Form including excess umbrella.
11.1.4 Add new clause:
11.1.4.1 Furnish one copy of certificates herein required for each copy of agreement; specifically
set forth evidence of all coverage required by 11.1 and 11.1.2. The form of the certificate
shall be AIA Document G705. Furnish to the Owner copies of any endorsements that are
subsequently issued amending coverage or limits.
11.2 OWNER'S LIABILITY INSURANCE (Normally provided by Owner)
11.2.1 Delete in its entirety and substitute:
11.2.1 The Contractor shall effect, maintain and pay for all Owner's Liability Insurance as required
below until final acceptance of the work. Certificates of Insurance acceptable to the
Owner shall be filed with the Owner prior to commencement of work. These certificates
shall contain a provision that coverages afforded under the policies will not be cancelled
until at least 30 days prior written notice has been given to the Owner.
a. Bodily Injury - Per Person/Per Occurrence $1,000.000./$1,000,000.
b. Property Damage - Per Occurrence/Aggregate $50.000./$100,000.
Add the following new paragraph:
11.5 OTHER INSURANCE:
Contractor shall effect, maintain, and pay for an umbrella liability insurance in the amount
of $1,000,000.00 covering excess of the underlying policies and possible uninsured
exposure.
SECTION 00300 - PROPOSAL FORM
00050.1 TIME: 2:00 P.M.
00050.2 DATE: December 15, 1992
00050.3 TO: Purchasing Agent
City of Denton
901 B. Texas Street
Denton, Texas 76201
Gentlemen:
00050.4 STIPULATED SUM
The undersigned having examined the Contract Documents entitled:
North Lakes Park, Phase II
City of Denton
and having visited the site of the proposed construction, and having familiarized himself with the
local conditions affecting the cost of the work, and with all addenda to the said documents, hereby
proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do
all work in accordance with said documents and addenda thereto for the stipulated sum of:
Trench safety for sanitary sewer as per Sheet SS-1 and specifications
IVY / ~/MO/L6J~
Dollars .So 0
rH~lc<''f-[~v.~a KD S/.~-'LlFH,~~uvJ n.>p
~~ti 7 [~/wnix.v~ Dollars 3G~ 4-00
Base bid including trench safety item
Note: Amounts shall be shown in both words and figures. In case of discrepancies, the amount
in words shall govern.
00300 - 1
Add Alternate #1 for installation and 95% compaction of 6" flex base material in the north and south
parking lots (see Section 01100).
wo ~-~u id On.cw Dollars J~ co, Zap Z )
The bidder shall provide cost for the following work. These prices are for use by the City of Denton
for accounting procedures associated with the Texas Parks and Wildlife Department and shall not
affect the base bid or alternate prices.
Installation of the water and sewer lines and all work associated with Sheet SS-1.
id1u5rz,oJ0, PTJr t-JV. 04,w ollars ~j So a ai )
,
UNIT PRICES: The undersigned agrees that the following unit prices will apply to adjust quantities
of materials indicated on drawings. Prices are for materials furnished and installed. It is further
agreed that the quantities of work to be done at unit prices and material to be furnished may be
increased or diminished, as may be considered necessary in the opinion of the Owner's
Representative, and that'all quantities of work, whether increased or decreased, are to be performed
at the unit prices set forth above except as provided for in the specifications.
CONCRETE WALKWAYS (for addition or deletion)
4" thick 3000 PSI concrete flatwork 4t J. ¢S Sq. Ft.
ADDENDA:
This will acknowledge receipt of the following addenda which are part of the Bidding Documents:
Addendum No. 1 Dye Pa, 11, t eta Addendum No.
Addendum No.
Addendum No.
The undersigned bidder hereby declares that he has visited the site of the work and has carefully
examined the Contract Documents pertaining to the work covered by the above bid, and he further
agrees to commence work within ten (10) days after date of written notice to do so and to
substantially complete the work on which he has bid within 1 --X~ consecutive calendar
days subject to such extensions of time allowed by specifications.
00300 - 2
E ? 1992
ALTERNATE #2 Lk'vU\Z~; I~J u 1.-+( J
Add or deduct Alternate #2 (circle one) - In lieu of asphalt paving, Contractor shall provide a 5'
thick, 3,000 psi, concrete, lime stabilized with #3 rebar 18" O.C. Expansion joints shall be 150' O.C.
with saw joints 25' O.C. Do not include 6" curb and gutter with this bid item.
C."IJ1 (g d, o
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period
of 60 calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
BID GUARANTY:
Enclosed with this Bid is a Certified Check for:
DOLLARS
or a Bid Bond in the sum of
~on^r - d!s..^m DOLLARS
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event
this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned
fails to execute the Contract and the required Bonds with the said Owner within ten (10) days after
the date said Bid is accepted; otherwise said check or bond shall be returned to the undersigned
upon demand.
~c FFO > ,f-7, f r:C v s i~r,~ a ~Y
Contactor (firm name /
.Pain/
By
2-- 33 3 A NhV/.1 *Seal
Address
-~L:21/I~J67, / QA
City, Stan', Zip Code
7 /S.z/- //CV Fi1- x -2 y s~-i&CC)
Phone
*If Bidder is a Corporation
00300 - 3
N°_ 101496
JOHN F. KITCHELL, RICHARD B. KITCHELL, INDIVIDUALLY, THE COLONY, TEXAS------------
IN AN ANOUNT NOT EXCEEDING FIVE HUNDRED THOUS
April 1, 1993
N.,ay 4 92
4~-t~s 4~~e
19th
(.$500,000.00)
CZ'~(/N7GR~
May 92
May 19, 1992
John F. Kitchell, Richard B. Kitchell
JANUARY 93 11TH
L'
0
- . SSUE DATE (MM/DDNY)
1/11/93
PRODUCER
-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Li
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
KITCHELL INSURANCE AGENCY
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
5910 PAIGE RD., SUITE RC"
THE COLONY,
' TEXAS 75056
COMPANIES AFFORDING COVERAGE
NY A
COMPA
LETTER
BITUMINOUS CASUALTY COMPANY
COMPANY
IN
URE
B
LETTER
S
D
CITY OF DENTON C/O
COMPANY
C
CLIFFORD E. FOGUS COMPANY
LETTER
2333 HINTON
COMPANY
IRVING, TEXAS 75061
LETTER
COMPANY E
LETTER
e
•
Y
=i
F
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW H
AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN
,
Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P
OLICIES DESC91SED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POUCV EFFECTIVE
DATE (M69DO1VY)
POLICY EXPIRATION
DATE (MMIDD/YY)
ALL LIMITS IN THOUSANDS
d'
-
GENERAL LIABILITY
GENERAL AGGREGATE $ ' 1
000
,
A
COMMERCIAL GENERAL LIABILITY
PRODUCTS COMPIOPS AGGREGATE
$ 1,000
CLAIMS MACE ❑OCCURRENCEE
PERSONAL B ADVERTISING INJURY
1,000
OvINERSaCONTRACTORS PROTECTIVE
UNDER BINDER
1/5/93
1/5/94
EACH OCCURRENCE
FIRE DAMAGE (ANY ONE FIRE)
50
MEDICAL EXPENSE (ANY ONE PERSON)
$ 5
ti
'
AU
TOMOBILE LIABILITY
zKer"6+
'
ANY AUTO
EEL
@
W
h va':
ALL OWNED AUTOS
BODILY
PE P
A
SCHEDULED AUTOS
ERSON)
I
$
.
NM'
HIRED AUTOS
NJUIRV
ss.u
A
1
NON OWNED AUTOS
(PER
ACCIDENn
$
ryi
~
'
GARAGE LIABILITY
PROPERTY
L
A~/
[
DAMAGE
y
I
•L~
~i
~6
y
j
$
9
5j
;
.
e
V
!
EXCESS LIABILITY
OCEACHC
RRENCE
AGGREGATE
U
P
R
J
N
$
$
OTHER THAN UMBRELLA FORM
T: .
'
WORKER
'
xu
STATUTORY •R.S
eA*,,..SI°"~u'':'<~_'.",7'~L
r
S
COMPENSATION
AND
$ (EACH ACCIDENT)
EMPLOYERS' LIABILITY
I
s (DISEASE-POLICY LIMIT)
$ (DISEASE EACH EMPLOYEE)
OTHER
k
•
M
,
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/
SPECIAL ITEMS
3r
t
E1111 13=6910
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX
C
CITY OF DENTON
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
901B TEXAS ST.
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
DENTON, TEXAS 75201
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ATTN: MAX BLACKBURN
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORI E REPRESENTATIVE N
&VA"Amwo ml
T00'30ud LTOBOL£VTZT
Z£:ZT £6. ZZ Nbf
ISSUE DATE (MMICIM"Y)
PRODUCER
THIS CERTIFICATE M ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
.
NO RIGHYR UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND.
~
'Kitchell IriSUrance Agenc
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE uPOLICIES BELOW.
y
P.O. Box 560624
The Colony
TX 75056
COMPANIES AFFORDING COVERAGE
,
A
COMPANY
E
Bituminous Casualt Com n W11
(214) 625-8017
COMPANY
B
LETTER
INSURED
C
~ERNY
Clifford E. Fogus Company
L
2333 Hinton
COMPANY
D
Irving, TX 75061
LETTER
COMPANY
LETTER
F a• • eIJ.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAYS REEK ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
DING
ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY
PER
BE ISSUED OR AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CON01-
T
TIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
POLICY NUMexR
ML:CT `rtrA'•"
pATF ;M!A:.,lh)
POL 'CI E%r iDV
OArl jA ;Y!pAYI
ALL LIMITS IN THOUSANDS
>
GEN
ERAL LIABILITY
CE.':ERAL AWRKAIE
$
A
X
ccu:aERaAL GBERAL UAeIUTY
CLP2113730
9-11-92
9-11-93
PPCCuCTSCOMP/CPE AGWEGArE
CLA%s MACE ®OCCURRENCE
PEP.SO:AL E ADVERMIUS WiURY
$
OIMER S 8 CONTRACT CRS PROTECTIVE
EACH OCCURRENCE
$
TIRE DAMAGE IAVY OEIE IME)
$
'
MEOMAL I7~ENSE WN ONE PERSONI
$
AUTOMOBILE LIABILITY
A
X ANY 0
CAP1802092
9-11-92
9-11-93 J
UL
$
AL
ALL GINNED AUTOS
r
SCHEDULED AUTOS
aBaGq
$
X
HIRED AUTOS
Y
NON-OWNED AUTOS
$
GARAGE LIABILITY
o~
vN+ce~
.
.
EXCESS LIABILITY
ArcPEwiE •'t
A
X Umbrella Form
CUP1782659
9-11-92
9-11-93
$
$
OTHER ]VAR UMBRELLA FORM
11000,
1 000 +
STATUTORY
WORKERS'COMPUNSATION
$ 1,000, IEAOHpCGOEIIq
B
AND
'
TSF103830
9-19-•92
9-19-93
$ . , (pISE'SEl'OuCY LIMB) '
EMPLOYERS
LIABILITY
$ 11000, WSEAS&EACH EMPLOYER
OTHER
Incl. Loss Damage Waiver '
Equipment Floater
I'L,94925306
9-11-92
9-11-93
Up To $100,000 Limit Per
C
Item $250.00 Deductible
DESCRIPTION OF OPERATK)NSILOCATIONSIVEHICLESI RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED W/WAIVER OF SUBROGATION ON G/L
CITY OF DENTON
901B TEXAS STREET
DENTON,TEXAS 76201
ATTN:MAX BLACKBURN
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EX•
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE .
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
FIN awW_.0wwI " V 1
Tod 260 A31,1391:1 SN I -Il3H0l I H
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON I(
THIS AGREEMENT, made and entered into this 5 day of
JANUARY
A.D., 19 93 , by and between THE CITY OF DENTON
of the County of DENTON and State of Texas, acting through
1"YD v. BARRELL thereunto duly authorized so to do,
hereinafter termed 'OWNER,' and DICKERSON CONSTRUCTION. BOX 101, CELINA
TEXAS. 75009
of the City of CELINA , County of COLLIN
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 bearing even date herewith, CONTRACTOR
hereby agrees with OWNER to commence and complete performance of the work
specified below:
BID # 1433 - BORE ACROSS I-35 AT STAT. 634 & 30 in the amount of $36,750.00
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, blueprints, and
CA-1
0114s
other drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by ENGINEERING STAFF
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
0114s
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
ATTEST:
DICKERSON CONSTRUCTION
CONTRACTOR
Title
(SEAL)
CA-3
0114s
CITY OF DENTON
INSURANCE REQUIREMENTS FOR
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 endorse-
ments as prescribed and provided herein. If an apparent low 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
the=_ 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
loncer, if so noted:
o 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
o 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
officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
Insurance Requirements
Page 2
o Liability policies shall be endorsed to provide the
following:
oo Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
oo 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.
o All policies shall be endorsed to provide thirty(30) days
prior written notice of cancellation, non-renewal or
reduction in coverage.
o 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.
o 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.
o 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.
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:
Insurance Requirements
Page 3
[g] A. General Liability Insurance:
General Liability insurance with combined single limits of
not less than $ 500,000.00 shall be provided and
maintained by the contractor.
on an occurrence basis either
combination of underlying and
The policy shall be written
in a single policy or in a
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001
current edition) is used:
o coverage A shall include premises, operations,
products, and completed operations, independent
contractors, contractual liability covering this
contract and broad form property damage coverages.
o Coverage B shall include personal injury.
o 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:
o 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.
o Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than -
$500,000.00 per occurrence either in a single policy or in a
combination of underlying and umbrella or excess policies.
The policy will include bodily injury and property damage
liability arising out of operation, maintenance or use of any
auto, including owned, non-owned and hired automobiles and
employee non-ownership use. (ISO Form CA 0001 Current
Edition)
Insurance Requirements
Page 4
[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.
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 "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
provided or is unavailable
contractor leases or rents a
Limits of not less than
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.
form General Liability is not
to the contractor or if a
portion of a City building.
each occurrence are
APPROVED 12-18-91
Insurance Requirements
Page 5
( ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-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.
OOOED
BID NUMBER
1433
BID PROPOSALS
City of Denton, Texas 901•B Texas SL
Purchasing Department Denton, Texas 76201
Page 2 Of 23
ITEM
DESCRIPTION
OUAN.
PRICE
AMOUNT
1.
BORE ACROSS INTERSTATE HIGHWAY 35 AT STATION 634+30
1
$
$
IN THE PROXIMITY OF EXPOSITION MILLS MALL
1. Alternative I 300 L.F. @122.50 per L.F.
2. Alternative II 300 L.F. @110.00 per L.F.
$36,750.(
$339000.(
TOTALS
We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in 629 days from receipt of order. Terms net/30
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 a
reasonable period of time constitues a contract. The completed Bid Proposal must be properly priced, signed and returned.
115
1~t Cke A) 0 rJ awil.N rvf.
eltltler
LsYy}
Signature
Title
Melling Address
Ce~.Na TC'M) lsoo6
city State Zip
X14 3~z-zlz.3
Telephone
Certificate of insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE
POLICY AND DOES NOT AMEND. EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE PGLICIES LISTED BELOW.
This is to Certify that
r LIBERTY
I DICKERSON CONSTRUCTION COMPANY, INC. M 1 l-AL"
DICKERSON EQUIPMENT COMPANY Nameand
CELINA READY-MIX, INC. address of
I 1309 N. LOUISIANA I Insured.
L~ CELINA, TEXAS 75009 1
is, at the issue date of this certificate. insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies)is subject to all their
terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may
be issued.
TYPE
CERT. EXP. DATE'
OF
❑CONTINUOUS
POLICY
LIMIT
POLICY
❑EXTENDED
NUMBER
OF LIABILITY
POLICY TERM
COVERAGE AFFORDED UNDER W.C.
EMPLOYER'S LIABILITY
•
LAW OF THE FOLLOWING STATES:
Bodily Injury By Accident
WORKERS'
Ea. Acc.
Bodily Injury By Disease
COMPENSATION
Pol. Limit
Bodily Injury By Disease
Ea. Person
General Aggregate - Omer than Producte/Completed Operations
$2,000,000
Procuctscomptated Operations Aggregate
$2,000,000
Z
Bodily Injury and Property Damage Liability
$1,000,000
per occumenc
Q m
❑ CLAIMS MADE
Personal and Advertising Injury
per persor
J
RETRO DATE
2/10/93
YY1-191-409705-01
$1
000
000
organlzado
W
,
,
Other
V
~ OCCURRENCE
SPECIAL/EXCL.
ENDORSEMENTS
Y
' OWNED
f
$1,000,000 EACH ACCIDENT - SINGLE LIMIT - B.I. AND P.D. COMBINE[
,
E
it NON-OWNED
9/1/93
AS2-191-409705-03
EACH PERSON
n
Q Q
EACH ACCIDENT
EACH ACCIDEN'
M HIRED
OR OCCURRENCE
$
OR OCCURRENCI
THAT SUCH INSURANCE IS PRIMARY TO ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED
w
WITH RESPECT TO CLAIMS COVERED UNDER THE POLICY AND THAT THIS INSURANCE APPLIES
SEPARATELS
CO EACH INSU
RED AGAINST WHOM
CLAIM IS MADE OR S
UIT IS BROUGHT. THE INCLUSION OF
MORE THAN
0
NE INSURED
SHALL NOT OPERATE TO INCREASE THE I
NSURER'S LIMIT OF LIABILITY.
LOCATION(S) OF OPERATIONS & JOB # (If Applicable)
DESCRIPTION OF OPERATIONS:
-
BID #1433 -
BORE ACROSS I-35
AT STAT. 634 & 301
'It the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However.
you will not be notified annually of the continuation of coverage. ADDITIONAL INSURED: CITY OF DENTON, ITS OFFICTpT
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE AGENTS, EMPLOYEES 6r 1W. Iatyutrm Insur
THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 39 DAYS volunteers
NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: .
I
THE CITY OF DENTON
PURCHASING DEPARTMENT J
CERTIFICATE ~`I•.~._:~ CXi•_~
HOLDER 901 TEXAS STREET
DENTON, TEXAS 76201 AUTHORIZED REPRESENTATIVE
L
J 1/15/93 Si IRVING
DATE ISSUED OFFICE
es
772 R
'93 15: 5 L-BERT1'•MLITURLyl`~
1T; `A
.
-
•
Or
issuEUnP
2,n..vuu•
I
` 1
v®
1/15/93
PROOUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
T'
TEXAS WORKERS COMPENSATION INS. FUND
-
RIGHTS
EXTEND OR ALT THE IRE CO RAGE A"OLDETL FFORDED THIS TCERTIFICA HE ESS BELOW. AMEND,
100 CONGRESS #3000
AUSTIN, TEXAS 78701
COMPANIES AFFORDING COVERAGE
ER r p
T
LE
TEXAS WORKERS COMPENSATION
T
COMPANY
B
LETTER
INSURED
DICKERSON CONSTRUCTION CO., INC. COMPANY C
P. 0. BOX 458 ` ER
CELINA, TEXAS 75009
lEcrEa
OMPANY
E
(C
L,
ETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH'RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDI-
TIONS OF SUCH POLICIES. •
CO
TY
PO.CV EN
p
Im"TION
LIABILITY LIMITS IN THOUSANDS
L
PE OF INSURANCE
POLICY NUMBER
I
DATE
OLR
rdAm)wm
AGGREGATE
CUPRENC
G
ENERAL LIABILITY
BDDIIv
COMPREHENSIVE FORM
PUVRr $
$
PREMISESIOPERATIONS
PROPERTv
I
ON
R I
DAMAGE
is
s
N 8 COLLAPSE HAZARD
O(ROS
O
I
I
PROOUCT=MPLETED OPERATIONS
I
i
CONTRACTUAL I
I
s
CC•AewEJ
; S
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INAIRY
PERSONAL INJURY
$
A
UTOMOBILE LIABILITY
v
.
ANY AUTO
rust
IoM R't9DA
$
ALL OWNED AUTOS
(PRIV. PASS.)
M,
/
ALL OWNED AUTOS 1~MEpF
IR• 1m06YR
$
KIRED AUTOS
PROPERTY
NON-OWNED AUTOS
DAMAGE
$
GARAGE LIABILITY
a A PO
CoIAaNEo
$
EXCESS LIABILITY
UMBRELLA FORM
SI A PO
COMBWED
$
$
OTHER THAN UMBRELLA FORM
1
STATUTORY
WORKERS' COMPENSATION
-
IEALH ACLOENiI
AND
SF-101214-00
5/10/92
3/5/93
Sron IDISEASE-POLEY LW`-ir
EMPLOYERS' LABILITY
Sloo IdSEASE•EAOI ENPI•hEEI
OTHER
DESCRIPTION OF OPERATIONSILOCATN7NSIVENK:LESISPECIAL ITEMS
BID #1433 BORE ACROSS I-35 AT STAT 634 & 30
ULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX
TEE CITY OF DENTON ATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR ID
[MAIL
PURCHASING DEPARTMENT Qy((~I DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE
TION ON LIABILITY
T, BOT fA0.URE TO MAIL SUCH NOTICE SIULL MAPOSE NOOBLKIA
9O1 TEXAS STREET ANY KIND UPON THE COMP NY. ITS AGENTS OR REPRESENTATIVES.
DENTON, TEXAS 76201 RIZED REPRESENTATIVE n
JAN 21 193 15:37
214 580 0815 PAGE.002