2006-354
ORDINANCE NO, 2tJ(}(J- .Js4
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE ON-SITE ROADWAY AND FINISH GRADING AND PAVING OF THE
EXISTING PREPARED ROAD SUB GRADE AT THE CITY OF DENTON LANDFILL;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3660-LANDFILL ON-SITE ROADWAY FINISH GRADING AND
PAVING AWARDED TO REYNOLDS ASPHALT AND CONSTRUCTION COMP ANY IN AN
AMOUNT NOT TO EXCEED $238,100,90),
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I, The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office ofthe City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
CONTRACTOR
AMOUNT
3660
Reynolds Asphalt and ~onstruction Company
$238,100,90
SECTION 2, The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid,
,
SECTION 3, The City Manager is hereby authorized to execute all necessary written
contracts for the performance ofthe construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein,
SECTION 4, Upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto,
SECTION 5, This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ;tl-l!z day of0tetlJ1./Jer ,2006,
~rf/.JJ
PERR R, McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:qW~ ;2U;lLf1AdI~, tl/M.
APPROVED AS TO LEGAL FORM:
EDWIN M, SNYDER, CITY ATTORNEY
BY: ~~~
3-0~1 3660 " .
."
CONTRACT AGREEMENT
STATE OF TEXAS
S COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 19th day of December A.D., 2006, by and
between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Reynolds Asphalt and Construction Company
P.O. Box 370
Euless, Texas 76039
of the City of Denton County of Denton and State of Texas, hereinafter termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid # 3660- Bid For Landfill On-Site Roadway Finish Grading and Paving
in the amount of $238.1 00.90 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 and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
Citv of Denton Landfill Department
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-I
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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
"
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written,
ATTEST:
~1fJ~l~&)LJ Lb,p
fAir JJA'AdA"f!
BY:
;;:-:lf~
(J.-[+ /Jt41~d~~
(SEAL)
'0
ATTEST:
~A
Rerro/4 4$pkcdl t/ {!okS! Co
CONTRACTOR
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po 80")< ~7D
Ett/ess 7Y: 760 ?,>9
APPROVED AS TO FORM:
MAILING ADDRESS
l5/7-Zb7-3/s/
PHONE NUMBER
tJ,1l- Zb-l- 7oZZ.
FAX NUMBER
BY: h~ (;J~
TITLE
iVed' Ta--kev'G/=j I Vlc!e R-e>u:i1:n!
PRINTED NAME
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ITY ATTORN Y
(SEAL)
CA-3
Bond No. PRF7588143
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That Revnolds Asphalt and Construction
Companv whose address is P.O. Box 370. Euless. TX 76039 hereinafter called Principal, and
Colonial American Casualtv & Suretv Companv , a corporation organized and existing under the
laws of the State of Maryland, and fully authorized to transact business in the State of Texas, as
Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two
Hundred Thirtv Eight Thousand. One Hundred Dollars and 90/100 DOLLARS ($238.100.90)
plus ten percent of the stated penal sum as an additional sum of money representing additional court
expenses, attorneys' fees, and liquidated damages arising out of or connected with the below
identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for
the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
This Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement, which increases the Contract price, but in no event shall a Change Order or
Supplemental Agreement, which reduces the Contract price, decrease the penal sum ofthis Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 200Q-354, with the City of Denton,
the Owner, dated the 19th day of December A.D. 2006, a copy of which is hereto attached and made
a part hereof, for Bid 3660 - Landfill On-Site Roadwav Finish Grading and Paving.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Owner, with or without notice to the Surety, and
during the life of any guaranty or warranty required under this Contract, and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of one (1) year from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify and save harmless the Owner from all costs and damages which Owner may
suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
PB-l
Bond No. PRF7588143
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes ofthe State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-
I of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in:!: copies, each one of which shall
be deemed an original, this the 19th day of December, 2006.
ATTEST:
PRINCIPAL
Revnolds Asphalt and Construction Company
BY: ~.J- ~~
VICE PRESIDENT
Ned Tankersley
~
ATTEST:
SURETY
B7~Q~b
ifer R' orock
Colonial American Casualt
Com an
tL
ATTORNEY-IN- A
Charles D. Sweeney
The Res.ident Agent of the Surety in Denton County, Texas for delivery of notice and ,service of the
process IS: '>
BY:
NAME: The Sweenev Company
STREET ADDRESS: 1121 E. Loop 820 South. Fort Worth. Texas 76112
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a cofporation, give a
person's name.)
PB-2
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, Texas 78714-9104
Fax # (512) 475-1771
PREMIUM OR CLAIM DISPUTES
The address of the surety company making this bond to which any notice of
claim should be sent may be obtained by calling the Texas Department of
Insurance at the above number.
Should you have a dispute concerning your premium or about a claim, you
should contact the agent or the company first. If the dispute is not resolved, you
may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND
This notice is for information only and does not become a part or condition of the
attached document. This notice is given to comply with Section 2253.048, Texas
Government Code and Section 53.202, Texas Property Code effective September
I, 2001.
Bond No. PRF7588143
PAYMENT BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That Revnolds Asphalt and Construction
Companv,~hose address is P.O. Box 370. Euless.,TX 76039 , hereinafter called Principal, and
Colonial American Casualtv & Suretv Companv/,!! corporation organized and existing under the
laws of the State of Maryland, and fully authorized to transact business in the State of Texas, as
Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms,
and corporations who may furnish materials for, or perform labor upon, the building or
improvements hereinafter referred to, in the penal sum.....of Two Hundred Thirtv Eight Thousand.
One Hundred and 90/1 OOvDOLLARS ($238.1 00.90~'in lawful money of the United States, to be
paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby
bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the amount of any Change
Order or Supplemental Agreement which increases the Contract price, but in no event shall a
Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum
of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 200Q-354, with the City of Denton,
the Owner, dated the 19th day of December A.D. 20060i' copy of which is hereto attached and
made a part hereof, for Bid 3660 - Landfill On-Site Roadwav Finish Grading and Paving../'
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc.
PB - 3
Bond No. PRF7588143
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of
the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 1. copies, each one of which shall
be deemed an original, this the 19th day of December, 2006../"
ATTEST:
PRINCIP AL
BY:
~~
SECRETt.RY jt+
Reynolds Asphalt and Construction Company
BY:
^J- ~J~ /'
VICE PRESIDENT
Ned Tankersley
ATTEST:
SURETY
B~,,~~Q~~D
Jtifer R.. orock
BY:
~ ;
:,{
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is: /
NAME: The Sweeney Company
o
STREET ADDRESS: 1121 E. Loop 820 South, Fort Worth, Texas 76112
i.
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB-4
f{t~f
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND j)EPOSIT COMPANY OF MARYLAND. and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.,.furporations of~he S' '~\I1.1aryland, hy PAUL C.
ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of' utftl,) Ifj) ,>\l1Iv Article VI. Section 2,
of the By-Laws of said Companies. which arc set forth on the reverse " ~. d \H= cr' \ D i i' to he in full force
and effect on the daLe hereof, docs hereby nominate, con~:tit '1 a~ obby E. MAYO,
Kyle W, SWEENEY and Michael A. SWEEN~~(<1!l tUVllr 'F'\~ 0 'j, rue and lawful agent and
Attorney-in-Fact. to make. exc~.utc, sea . 1i~'JA~~nd ( . s ~~~ y, and as its act and deed: any and all
bonds and undertakings, ~( h~~ dWExecutors, Community SUr\!ivors and
Community Guar~~hc xccu~ ~dA \~dR; ~or undertakings in pursuance of these presents, shall be as binding
upon said CompaniL\?'~~~~ aiht.';e;;t; and purposes, as if they had heen duly executed and acknowledged hy
the regularly elcclcdf;f,V~~h0-C'Jmpany at its atIke in Baltimore, Md.. in their own proper persons. This power of
attorney revokes that\i.lSkd on hehalf of Charles D. SWEENEY, Bohhy E. MA YO, Kyle W. SWEENEY, dated April 28,
2003.
The said Assistant Secretary does herehy certify that lhe extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscrihed their names and
aflixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 19th day of Septemher, A.D. 20m.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
c:cr V~
~
T. E. Smith
Assistant Secretary
Vice President
State of Maryland } ss:
City of Bahimore
On this 19th day of September, A.D. 2003, hcfore the subscriher, a Notary Puhlic of the State of Maryland, duly
commissioned and qualified. came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to he the individuals and officers deserihed in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and heing by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly aft1xed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first ahove
written.
~}9~cJ,-,
Dennis R. Hayden -
My Commission Expires:
Nota ;:y Public
Fehruary I, 2009
,-
;: '-'"
:
POA-F 168-2682
O'{-~\6'"
,\'1: sf
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive CommitLcc,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Atlorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any honds. undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI. Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in~Fact as the business of the Company may require. or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements. decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto'"
CERTIFICATE
I. the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. do herehy certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPO.SIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May. 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto suhserihed my name and affixed the corporate seals of the said Companies,
this
19th
day of
December
2006
ofd~
,hsistantSecr('tllry
-.;
,
,
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 sati5factory 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 sati~faction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
. Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
. Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
.. Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
.. That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit ofliability.
. All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
. Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
. Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
. Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
. Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
. Coverage B shall include personal injury.
. Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
. Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCD) exposures.
. Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
.
any auto, or
.
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment I in accordance with 9406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an 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.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] 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.
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
8], TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in 9406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.0] ](44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. ]f the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(I) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the proj ect; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in wntmg by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the proj ect.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
1. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
1. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
'."
Purchasing Department
901-B Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
Bid #3660
Bid For
Landfill On-Site Roadway Finish Grading..
and Paving
BIDS DUE: November 30, 2006
2:00 P.M.
Bid submitted by:
.R~&cC/4 4~pkd31 tI au~ ~
Company Name'
",
,
*OV.2S'2006'11:0B 940 349 7302
CITY OF DENTON PURCHASING
#4371 P.005/006
. .
BID #3660
BID PROPOSAL FORM
TOTAL
ITEM QTY. UOM DESCRIPTION UNIT PRICE AMOUNT
1 1 LS Mobilization $ .,-g,U1.'1c $ 8,88"f. "1'0
2 8,655 Sq. Yd. Finish Grading $ () .If.b $ ~/r81. ~
3 6,095 Sq. Yd. 8-1nch tlllck HMAC Base Course, per detail $ Ig.Z~ $/I~ Zi~.7~
4 6,095 Sq. Yd. 4-inch thick HMAC Sutface Course, per $ Ie>. 1'6 $ ~6,Bo/.u;
detaD
5 2,560 Sq. Yd. 1).1/2 incl'l thick HMAC Base Course, per $ I~':~I $ ?~ on.~
detail
6 2,560 Sq Yd 1-112-inchthick HMAC SUrface Course, $ ~~b f$ /I,/b/. ~
. . leer detail
7 850 Sq. Yd. 2-Ft. wide Shoulders, per de1aiI $ 11:.Z~ $ /~~.,.~.~
8 1 LS ITraffic Contrnf Signs $ /, "'~'r.~'S $ 1,"~"9~
TOTAL !-
~
N7"
I Z.tf8, 9-96. 4c
PAGEP-3OFBID#3660
" .
BID SUMMARY
TOTAL PRICE IN WORDS:
Uvo ""'hqy~ Ioyly el"!t,f 1/'0"<;4""". =1t>ei,. /'".,eI,.~
.
/-tuff -9r,c &Iollq,.~ a-ef-~'"*t ~/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
1
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.
The undersigned agrees this bid becomes the property of the City of Denton after the
official opening.
The undersigned affirms that they are duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this contract which arise under the antitrust laws of the United States, 15 USCA Section 1
et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com.
Code, Section 15.01, ~.
PAGE P - 4 OF BID #3660
'.,'
. .
,.
" .
",
ReCeipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No.1 dated Nov 27, ~
Addendum No.2 dated
Addendum No.3 dated
'Addendum No.4 dated
Addendum No.5 dated
Received ~v 2.8, <;:006
Received
Received
Received
Received
Re'lt.<.()kls At;.pka-f,/ I G>k''; a:,
CONfRACTOR
BY 11~ ffJ~
Pc B~ ~70
Street Address
I:~, N 7603~
City and State
Seal & Authorization
(If a Corporation)
e.17-Z"'7-~/';;1
Telephone
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: '-~ .~, . .. .
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"
PAGE P - 5 OF BID #3660
. I
M;JlRIJ,M CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDDfYYYY)
01/09/2007
,PRO~UCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
TflE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1121 E. Loop 820 South HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POBox 8720
Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE NAIC #
INSURED Reynolds Asphalt & Construction Company V INSURER A: TRANSCONTINENTAL INS CO (CNA)
P.O. Box 370 0\0' INSURER B AM CAS CO OF READING PA (CNA)
Euless, TX 76039 INSURER c: INTERSTATE FIRE & CAS (CASUALTY ARKET)
~\~ ~P INSURER D: VALLEY FORGE INS CO (CNA)
INSURER E
COVERAGES
THE POLICIES 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 CERTlf:ICA TE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l~~f DO' TYPE OF INSURA~CE POLICY NUMBER POLICY EFFECTIVE POi'fI=Y EXPIRATION LIMITS
GENERAL LIABILITY V TCP 2083009272 1"1>5/08/2006 05/08/2007- "'EACH OCCURRENCE I 1,000,00e
-
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I 300,000
I CLAIMS MADE ~ OCCUR V MED EXP (Anyone person) I 5,OOe
A X CONTRACTUA~ CU PERSONAL & ADV INJURY I 1,000,000
X CROSS LIAB,BFPD GENERAL AGGREGATE I 2,OOO,OOC
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG I 2,000,000
1 POLICY rxl fr8i n LOC
AUTOMOBILE LIABILITY ........- BUA 2083009286 05/08/2006 05/08/2007' COMBINED SINGLE LIMIT
~ I
~ ANY AUTO/' (Ea accident) 1,000,000
X ALL OWNED AUTOS BODILY INJURY
X- I
SCHEDULED AUTOS (Per person)
B f-'-C
~ HIRED AUTOS BODILY INJURY
I
~ NON-OWNED AUTOS (Peraccidenl)
I--- PROPERTY DAIlAAGE I
(Per accident)
==iAGE LIABILITY AUTO ONLY - EA ACCIDENT I
ANY AUTO OTHER THAN EA ACC I
AUTO ONLY AGG I
~ESS/UMBRELLA LIABILITY UM01607034 05/08/2006 05/08/2007 EACH OCCURRENCE I 10,000,000
X OCCUR D CLAIMS MADE UMBRELLA AGGREGATE I 10,000,000
C I
~ DEDUCTIBLE I
X RETENTION $ 5 "ooe I
WORKERS COMPENSATION AND/" WC 2083009305 /-'05/08/2006 05/08/2007 X I WC STATU- I rIOJ~-
EMPLOYERS' LIABILITY 1,000,000
0 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT I
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE I 1,000,00r
If yes, describe under 1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
SEE ATTACHED
---
--
.....-
--
--
CERTIFICATE HOLDER
CITY OF DENTON..,/"
901-B TEXAS STREET
DENTON, TX 76209
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~X~ MAIL
30 ~ WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
KX~K~~~X~OOX~XX
K~~XXXXXXXX
ACORD 25 (2001108)
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of su'ch endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001106)
CITY OF DENTON
certificate issued to CITY OF DENTON 01/09/2007
THE SWEENEY COMPANY
01/09/2007
BID #3660, BID FOR LANDFILL ON-SITE ROADWAY FINISH GRADING & PAVING. .CITY OF DFNTO~, IT'S OFFICIALS,
AGENTS, EMPLOYEES & VOLUNTEERS NAMFQ AnNI TN<;IIRED EXCEPT ON WO~RS COMPENSATION WITH GENERAL LIABILITY
BEING PRIMARY & NON-CONTRIBUTORV-vWfTH WAIVER OF SUBROGATION~WORKERS COMP AS REQUIRED BY WRITTEN
CONTRACT. SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED
WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT
OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED~