1992-167AN 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
1413 TRI-DAL EXCAVATION $ 63,856.00
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 approval.
PASSED AND APPROVED this the ~day of ~~ ,1992.
BOB CASTLEBERRY, MAY~ ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPRO~D' AS~O LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
PAGE 2
ALLOOO1F
DATE: OCTOBER 6, 1992
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1413 - HOBSON LANE DRAINAGE
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Tri-Dal
Excavation in the amount of $63,856.00.
SUMMARY: This bid is for the construction and installation of a 6'x10'x60' box
culvert 0n Hobson Lane. Also included in the bid price is ail associated excavation,
rip rap, guard rail and hand rails. The bid price is considerably below the original
estimates for this project.
Hobson will be closed for a time period of one to two weeks. During this time a foot
bridge will be instailed to ailow pedestrian traffic to safely cross the site.
BACKGROUND: Tabulation sheet, Memorandum from Jerry Clark, City Engineer.
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: City of Denton Drainage
Program, Engineering Division and Citizens of Denton.
FISCAL IMPACT: Funds for this drainage improvement project will come from bond
funds, account #446-020-DRAN-9203-9108 current balance is $114,984.04.
espec~ tful~y~ubmitte~:
Lloyd V. Harr~I1
City Manager
Approved:
Name. Tom~. ~h~w, C.P.M.
Title: Purchasing Agent
300.agenda
1992 S£P 2 1 AI,I ~: I q
MUNICIPAL BUILDING / £ 15 £. McKINNE¥ / DENTON, TEXAS 76201
MEMORANDUM
DATE: September 16, 1992
TO: Tom Shaw, Purchasing Agent
FROM: Jerry Clark, City Engineer
SUBJECT: Bid 1413 - Hobson Lane Culvert
The iow bidder on the project is Tri Dal Excavation & Utilities.
Total bid price is $63,856.50 which is below our estimate,
therefore is very acceptable.
We have worked with the people managing including Phillip Hutchins
and have been very satisfied with their work. Please award the
contract to Tri Dal.
The City will be providing a pedestrian bridge to insure school
children will be able to safely cross the site if their parents do
not route them around. Hobson will be shut down one to two weeks
only as per the contract documents.
If questions arise, please call.
AEE001A9
817/566-8200 D/FW METRO 434-2529
''\'z.~ ,\0 l
-!::
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF
DENTON
s
s
THIS AGREEMENT, made and entered into this
6
day of
OCTOBER
A.D., 19~, 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
TRI DAL EXCAVATING & UTILITIES, INC. P.O. BOX 1773, GRAPEVINE, TEXAS
76051.
of the City of
GRAPEVINE
, 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 11 1413 - HOBSON STREET DRAINAGE in the amount of $63,856.00
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 I plats I blueprints,
written explanatory matter
and other drawings and prim:ed or
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.
ATT ST:
~.
(SEAL)
ATTEST:
TRI DAL EXCAVATION & UTILITIES, INC.
CONTRACTOR
.kdttV~~
(SEAL)...
APPROVED--A:
_/
.'- ~-
/
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Kttorney
c...........
CA - 3
.
PERFOR.l\1ANCE BOND
STATE OF TEXAS
s
BOND NO. 382-2094
COUNTY OF
DENTON
s
K:lOH ALL MEN BY THESE
County of DALLAS
as PRINCIPAL, and
PRESENTS: That
, of the city of
, and State of
UNIVERSAL SURETY OF AMERICA
TRI-DAL EXCAVATION &
UTILITIES, INC.
GRAPEVINE
TEXAS
, 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 SIXTY THREE THOUSAND AND EIGHT HUNDRED FIFTY
SIX and no/100------------------- Dollars ($63,856.00 ) 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:
HHEREAS, the Principal has entered into a certain wri t:ten
contract with the OWNER, dated the 6 day of OCTOBER
19~, for the construction of BID II 1413 - HOBSON STREET DRAINAGE
in the amount of $63,856.00
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
PROVIDED FURTHER,
bond, venue shall lie
Texas.
that if any legal action
in DENTON
be filled upon this
County, state of
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
and sealed this instrument this 19th day of
19--9.2.-.
Surety have signed
October
TRI DAL EXCAVATION & UTILITIES, INC.
Principal
BY~~
Title -Aes/.p.e.
UNIVERSAL SURETY OF AMERICA
Surety
~~w rX. ~0
Title Pauline L. Lesch
Attorney-in-Fact
Address:
P. O. Box 1773
Address:
P. O. Box 1150
Lewisville, Texas 75067
GrAnp-vinpr TpXA~ 760~1
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
PCL Insurance Agency, Inc.
206 Elm Street, Suite lOS, Lewisville, Texas 75057
NOTE: Date of Bond must not be prior to date of Contract.
PB - 2
IMPORTANT NOTICE
To obtain infonnation or make a complaint:
You may contact Sam Sicola, Vice President of Operations, whose direct dial number is
713-865-7017. You may also fax us infonnation at 713-863-9439. You may also call Universal
Surety of America's toll-tree telephone number ior ird'onnation or to make a complaint at:
1-800-392-9697
You may also write to Universal Surety of America at: P.O. Box 701279, Houston, Texas
77270. You may contact the Texas Department of Insurance to obtain infonnation on companies,
coverages, rights or complaints at:
1-800-252-3439
You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas
78714-9104, Fax #512-475-1771.
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or
about a claim you should contract the company fIrst. If the dispute is not resolved you may contact the
Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for infonnation only and does not
become a part or condition of the attached document.
PAYMENT BOND
STATE OF TEXAS
s
BOND NO. 382-2094
COUNTY OF
DENTON
s
KNOW ALL MEN BY
THESE PRESENTS: That TRI-DAL EXCAVATION &
of the City of GRAPEVINE
, and the State of TEXAS
UNIVERSAL SURETY OF AMERICA
UTILITIES INC.
County of DALLAS
as principal, and
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
SIXTY THREE THOUSAND EIGHT HUNDRED FIFTY SIX & /looDollars ($ 63.856.00
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 6 day of OCTOBER
19~
BID 11 1413 - HOBSON STREET DRAINAGE in the amount of $63,856.00
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 HITNESS WHEREOF, the said Principal and
signed and sealed this instrument this 19th day of
19~
surety have
October
TRI DAL EXCAVATION & UTILITIES, INC.
Principal
By eJv0---XY
Title AE'S'4,p
UNIVERSAL SURETY OF AMERICA
Surety
'-to. "j" ~ >{. .~f ~j\./
Title Pauline L. Lesch
Attorney-in-Fact
Address:
Address:
P. O. Box 1773
P. O. Box 1150
Grapevine, Texas 76051
Lewisville, Texas 75067
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
peL Insurance Agency, Inc.
206 Elm Street, Suite 105, Lewisville, Texas 75057
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
s
s
BOND NO. 382-2094
KNOW ALL MEN BY THESE PRESENTS: That TRI-DAL EXCAVATION &
UTILITIES, INC. 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 SIX THOUSAND THREE HUNDRED EIGHTY FIVE and 60/100-------
Dollars ($ 6,385.60 ), 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:
w"HEREAS, said TRI-DAL EXCAVATIONS & UTILTIES, INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID 11 1413 - HOBSON STREET DRAINAGE
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 TRI DAL EXCAVATION & UTILITIES, INC.
as Contractor and Principal, has caused these presents to be
executed by
and the said
UNIVERSAL SURETY OF AMERICA
as surety, has caused these presents to be executed by its
Attorney-in-Fact Pauline L. Lesch
and the said Attorney-in-Fact has hereunto set his hand this 19th
day of Or:tohf'r , 19 92
SURETY:
UNIVERSAL SURETY OF AMERICA
PRINCIPAL:
TR~UTI~ES'
~---
"A"'''WN -
INC.
BY: yJ~i~;;{ ~IJ
PatJlDre .:;c,- LesCh
Attorr~y-in~Fact
MB - 2
UNIVERSAL SURETY OF AMERICA
1812 Durham 1 Houston, Texas 77007
GPA
382 2 0 9 4
For verification of the authority of this power you may telephone (713) 863-7788.
Power of Attorney Valid Only If
Last Four Digits Appear In Red
GENERAL POWER OF AITORNEY - CERTIFIED COpy
Know All 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 these presents make, constitute and appoint
P'llIline L Lesch Clem F. Lesch
nnn F Cornell Joseph C. Newton
of T p.wi~ville and State of Texas 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
Rnnns not to ex"eed $250.000. unless such is accompanied bv a letter of
~l1thnrity signed hy the President. Secretary or Executive Vice President
nf Tln;vpr~~l Sllre.ty of America.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do
within the above stated limitations, and such authority is to continue in force until June 30.. 1994 .
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety
of America at a meeting held on the 11th day of July, 1984.
"Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with
, full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of
the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by
facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon
the corporation."
In Witness Whereof. Universal Surety of America has caused these presents to be signed by its
President. John Knox. Jr.
to be hereto affixed this 1 st day of March . A.D.. 19 gO
and Its corporafe seal
State of Texas
County of Hams
5S:
~,,,\~~~~'~'~~,,,,,,~ UNIVERSA
!;~';............~(~\
.d:....._>" By'
~i\:~);i .
~",""''''':,I~l~\\\$
President
On this 1st day of March , in the year -2L. before me
a notary public, personally appeared John Knox. Jr.
person who executed the within instrument as President
named and acknowledged to me that the corporation executed it.
Wendy W. Stuckev
. personally known to me to be the
. on behalf of the corporation therein
,,,""\~'~'r""',,,
,$'~Q'!..........lIC"~~
t~~~~~j
"',~~~..;~~\\""
u1~ w. ~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 the said Power of Attorney is still in
force and effect.
GIVEN under my hand and the seal of said Company, at Houston, Texas, this 19t h day of October
,--~ A-,?/Jc:.L-<.--7
~ /
. 19~.
Secretary
COMPLA1NT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal
Surety of America at 18 i2 Durham, Houston, Texas 77007 or by calling (713) 863-7788. lfthe problem is not resolved you
may also write the State Board ofInsurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512)475-1771. This notice
of complaint procedure is for information only and does not become a part or condition of this bond.
Any instrument issued in excess of the penalty slated above is totally void and without any validity.
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 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
CI - 1
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
o Liability policies shall be endorsed to provide the
following:
00 Name as additional insured the city of Denton, its
.Officials, Agents, Employees and volunteers.
00 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 REOUIREMENTS:
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:
CI - 2
[X] General Liabilitv 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 liabili ty (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[X] Automobile Liabi1itv Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than
300,000 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
Edi tion)
[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
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
.'
Name enei :'ddre" df Agencv: ( . :)
AMERICAN PREMIER INSURANCE AGENCY,INC.
8Ill LBJ ~reeway, Suite #555
Dalla's, Texas 75251 Phon. (2l4) 669-4086
Nama end Address of Insured:
~~
TRI-DAL EXCAVATION & UTILITIES, INC.
P.O. Box 1773
Grapevine , Tx. 76099 Phone
crt'( of Denton Referr. ,::
Project Nem,,:
Project No.:
Project Location:
Managing Oopt:
Hobson Street, Denton, Tx~
Companies AHording Coverage:
A MICHIGAN MUTUAL INSURANCE COMPANY
B
C
This is to certify that: 1) Policies of insurance listed below have been issued and ara in force et this tima.
additional insured as ,to ell applicable coverage.
Company "
lener . Type of Insurance
Comp'~hen.iv. Gen.,.1 Uebility
. Occurrence
A
.. Clairf... Mad. (see #4-Pege CI-4)
,'l
,.
,
Broed Form to Include:
.. Premises/Operationt
- Independent Contractors
.. Products/Completed Operations
.. Personal Injury
.. Contractual Uability (see '3.Peoa CI.4)
.. ExplotJion Bnd Collapse Hazard
. Underground Hazard
- Liquor Uabillty Coverage
_ Fire lngal Uability bee IS.Page CI-4J
~_~!~~~!~~.f!2E!~Y_~~~~2!_______________
. Pro'e~sional Errors/Omission,
. occurrence
. claims made (see #4-Pege CI.4)
Campr( h.n_lv. Automobil. Liability
. Own<adlLeasad Automobiles
. Non-owned Automobiles
. Hired Automobiles
'.
:
"
~
. A
A
. Work...... Cbmp.n_atlon and Employ.,.' Uabillty
. Own.,.' Protective Uability
A
Other tnsurance
'Commercial Umbrella Policy
~
Policy Number
IIMGGL-02
8837
Expiration
Date
4-2-93
21 The City of Denton ill listed u an
limits of liability
In Thousands (0001
Bodily Injury
Property Damage
Bodily Injury end Property
Damage Combined
Occurrence
$
$
$ 1.000
----------- --------- ------------------------- ----------
IIMG43-4-
791191
IIWC-078
3636
4-2-93
4-2-93
#MGCU-02 4 2 93
87836
Bodily Injury/Person
~o~~~~~~::~~e~________
!!~e!~~!~~~~___________
Bodily Injury/PropertY OamaOI
Combined
S tatutary Amount
$ 50u/500/500
500, each accident
$
I
----------
$
$ 1, OOC
$
$ 2,000, Each Occu rence
$ 2,000, Aggregate
.,
De.criptlon of Op.rltJenellocltlonaNehlcle.. . .
Each policy shen requite thirty C301 days notice of cancellation. non-renewal. or matarlal change In coveraoe. (See '2. PaGe CI-4J.
Name and address of C-irtificate Holder.
'..'
CITY OF DENTON. TEXAS
PURCHASING AGENT
90 '.B TEXAS STREET
DENTON, TEXAS 761vl
AAA007BF
.,
CI.5
October 20, I992/sls
~ OATE ISSUEO
A ORI~RE~~'VE .
SEE DEFINITIONS ON PAGE CI.4 ATTACHED
DEFINITIONS
1.
ADDITIONAL INSURED: The city of Denton,
appointed officials, officers and employees.
apply to Worker's Compensation.)
its elected and
(This does not
2. NOTICE OF CANCELLATION: Each policy shall require that thirty
(30) days prior to the cancellation, non-renewal, or any
material change in coverage, a notice thereof shall be given to
owner by certified mail. If the policy is cancelled for
non-payment of premium only ten (10) days written notice to
owner is required.
3. CONTRACTUAL COVERAGE: (Liability assumed by contract or
agreement, and would not otherwise exist.) The contractual
liability requirement shown on the reverse side of this
Certificate of Insurance under Comprehensive General Liability,
must include a definition of coverage broad enough to provide
coverage for obligations assumed by the contractor in the
referenced contract. This certificate of Insurance is provided
as required by the governing contract.
4. CLAIMS MADE POLICY FORM: Required period of coverage will be
determined by the following formula: continuous coverage for
the life of the contract, plus one year (to provide coverage
for the warranty period), and a extended discovery period for
a minimum of five (5) years which shall begin at the end of the
warranty period.
5. FIRE LEGAL LIABILITY: (Required in all contracts that involve
the occupancy, construction or alteration of city-owned or
leased facilities). Insurance is to cover buildings, contents
(where applicable) and permanently installed equipment with
respect to property damage to structures or portions of
structures if such damage is caused by the peril of fire and
due to the operations of the contractor. Limit of liability is
to be a minimum of $500,000.
6. OWNER: The term owner shall include all authorities, boards,
bureaus, commissions, divisions,.' departments, and offices of
the owners, and individual members, employees, and agents
thereof in their official capacities, and/or while acting on
behalf of the owner.
CI - 6
1413
HQbson Lane Box Culvert
BID NO.
PO NO.
BID TABULATION SHEET
ITEM DESCRIP~IOIf llUAJlTITY UHI~ UHI~ PRICE ~ "
3-C Remove concrete rip rap 68 SY $ I)~' ISY $ I, 02. ("CW
and sidewalk
SP-42 Remo",:e 72" CMP 80 LF $ not ILF $ 13~:'o,()o
,
SP-43 Remove and reinstall 2 EA $ '100. ~ lEA $ 1?"o, 0,'
existin<J handrail
SP-44 Remove brick drainage 1 EA $ 'ItJOC't lEA $ Lfl1O,OC
structure
8.11 Remove and reinstall 234 LF $ r 2. C!!: ILF $ L .f<"Y'. Ol~
existing guardrail ,
3.3 Unclassified excavation 121 CY $ /0 Of ICY $ 1 2.10 DC'
I
3.7 Compacted fill 80 CY S 3'" ICY S I O'f~,<'"
I -
,
5.7-A 2" asphalt pavement (type 287 SY $ )~ ISY $ 2 IS-2,
A) ,
5.7-B 4~" asphalt pavement 287 SY $ 1'1 OS ISY $"1 C(~."(J
(tVt:le A) ,
5.7-C 1~" asphalt pavement 287 SY $ .,9C ISY $ I PS" ~::-
(tvpe D) .s ,-
,
5.7-D 2" asphalt patch material 5 TON $ 6s' ,-!oJ ITON $ 3'45,<3<1
(tVt:le D)
8.15-A Concrete rip rap 195 SY $ 3...'~ ISY $ ~;J?5':Cl'
8.15-B Dry rip rap type C 34 CY $ Co ~ ICY $ 2 C'10.. ,'r
,
7.4.5 Class A concrete 22 CY $ ,/<;-0 <'C. ICY $ '1 9(/0, (\0
,
SP-3 Reinforcing steel 2,579 LBS $ SO ILBS $ ;;2fs'Y >0
8.3-A 4" concrete sidewalk 100 SY $ 2-;-0.9 ISY $ 1, ~"O.OQ
2.12.3.2 Pre-cast concrete 6'X 10' 60 LF .',' $N)''',;:',)
$ 24r"'-/LF
box culvert ,
SP-2 Concrete'S&W cut 21 LF $ ?~ ILF $ /'(?,CO
SP-37 Excavation protection 60 LF $ 16~ /LF $ '1Co,c""
3.10.7 Hydromulch 1,150 SY $ j>.P ISY $ Y 02 ). <'>I)
,
SP-10 Rock Excavation 50 CY $ /0, ,~ ICY $ We) "t"
,-/0 $ . s-S'1i <",'
1.21 :~~traetorB warranties - LS $ ; <;<; S '"/LS
, I,
P - 3
ITBM DESCRIPTION QUAll'.rIrY UHIr UHIr PRICE 'rOTAL
3.1 Preparation of right of - LS $1 000 ~ /LS $1,OOl5,O0
way- ,
8.1 Barricading, warning - LS $ / f{()O <II /LS $ ! I{ {}O, W
signs and detours , I
..,..
SP-39 Project signs 1 EA $ 3 CJu - / (Vj $ 300.0C:)
Total $ / $63 q'SCso
,
tOT /I , 'k~ fl;/tl /rl.. '36 3'/1. Jr
*3.10.3 Seeding 1,150 SY $ 3 '1(' /Sy $~
--
, 7'15-,00
* Th~s l.tem ma re,lace ~tem 3.1u.7 H dromu1ch at the en ~neer's discret~on.
, . Hobson Lane Box Culvert
BID TABULATION SHEET
y
p
y
P - 4
BID NO.
PO NO.
g
141"l
BID SUMMARY
TOTAL BID PRICE IN WORDS Snc'r"y TH/l.cE Tfld~J<;,f(y'i) ,EI{.HT
I;; invDI(E/J FiF rY S,X AN f) >/':0(,) 'J?I<;' /)Of.-l 'r/L S
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.
'~nG t!XC<iv,lr/CoN' c.(h':,;";/ES.Fc,
,
CONTRACTOR
BY~-~~
h' /J
r/'E~~/Cc//.I-
p,r.;J.e:fb,. /'/'?:s
Street Address
d-,~J4,oEJ/r,vE. :7.t'
city and state
7ur/J
,
Seal & Authorization
(If a Corporation)
,6/7~ //I3/-/~1'0'
Telephone " '
B-1