2002-153ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF MAYHILL ROAD BOX CULVERTS AND
DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2843- MAYHILL ROAD BOX
CULVERTS AND DRAINAGE IMPPROVEMENTS AWARDED TO DBR CONSTRUCTION IN
THE BASE BID AMOUNT OF $78,157.25 AND ALTERNATE 1 IN THE AMOUNT OF
$38,766.50 FOR A TOTAL BID AWARD OF $116,923.75).
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 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
2843
CONTRACTOR
DBR Construction
AMOUNT
$116,923.75
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the c~/~--5~day of
~P~ ,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~TORNEY
z Z g ~ ~
0 WW ~ o
z w ~
~ °
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of May A.D., 2002,
by and between City of Denton
of the County of Denton and State of Texas, acting through Michael A. Conduff
thereunto duly authorized so to do, thereinafter termed "OWNER," and
DBR Construction Company
2301 l-linkle Dr.
Denton, TX 76201
of the City of Denton
, County of Denton
and State of Texas
, hereinafter termed "CONTRACTOR."
WlTNESSETH: 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 2843- Mayhill Road Box Culverts and Drainage Improvements
in the amount of $116:923.75 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
CA - 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
City. staff
of which are made a part hereof and colleclively 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 claim.q 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 agreemem
in the year and day first above written.
ATTEST:
BY:
A/~EST:
(SEAL)
CONTRAct. OR ' _ ,~ /
APPROVED AS TO FORM:
MAILING ADDRESS
~o~) ._~o~._~ -._~9~ 7
NUMBER
~FAX t~M~ER ~
PRINTED NAME
(SEAL)
CA - 3
B(/ND EXECUTie23 IN FOUR ORIGINALS
BOND ~ 796603
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRE~ENTS: That DRR Conamacfion Company
whose address is 2301 Hinkle Drive. Denton TX 76201
hereinafter called Principal, and Caps i-n] lprlomnl ~.y C_orr~rak±on ,
a corporation orgsni~ecl and existing under thc laws of the State of Wisconsin , and
fully authorized to transact business in the State of Texas, as Surety, are held and firmly bo,mi{
unto the City of Denton, a municipal corporation orgsniTed and existing under the laws of the
State of Texas, hereln~fter called Owner, in thc penal sum of One lJundred 5ixteen
Thounand Nine Hundred Twenty Three and 75/100 DOLLARS ($_].llk9.23.3.~ plus ten percent
of the stale4 penal $~m as an additional sum of money represent 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 i. Denton County, Texas, for the
payment of which sum wel~ 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 inereased by the amOnnt of any Change Order or
Supplemental Ag~cement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Conmict price decrease the penal sum of
this Bond,
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, thc
Principal entered into a certain Contract, identified by Ord;-a,,ce Number 2002-
153 , with the City of Denton, the Owner, dated the ~ day of May
~ ._.2iX)~, a copy of which is hereto atr,~ched and made a part hereof, for
{:lid 11843- Msyhill l~oad [lox Culvert and Drains_oe Im?rovement.q
NOW, THEREFORE, if thc Principal shall w¢li, Iruly and faithfully perform ~.a fulf~
all of the undertakings, covenants, terms, conditions and ag~eoments of said Contract in
accordance with the Plans, Specifications and Contract Doc~nents during the origins! 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
shah also well and truly perform and fulfill all the llndcrt~kln~s, Coven,-tS, 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 shM1 repair and/or replace all defects due to faulty materials and worlcma-~hip 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 pnd shall fully reimburse and repay Owner all outlay sna 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 - 1
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, exte~ion of time, alteration or addition to the tenm of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shal! in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extemion 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 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 suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Aanotated Civil Statutes of the State of Texas.
LN WITNESS WHEREOF, this iusUauncnt is executed in. 4
which shall be deemed an original, this the ~.~-day of ~av
copies, cach oae of
, 2002 .
PRINCIPAL
DBR Construction Compaffy, Inc.
ATTEST: SURETY'
Cap,to.1 Indemnity Corporation
Cheryl L. Humphrey
The Resident Agent of the Surety in Denton County. Texas fur delivery of notice and service
of the process is:
NAME: Surety Solutions Agency, ~'nc.
STREET ADDl~ES~:621 Winding Creek Rd., Prosper, TX 75078
(NOTE: Date of Performance Bond must be date of Contract.
corporation, give a person's name.)
PB - 2
If Resident Agent is not a
B(kND # 796603
PAYMENT BOND
STATE OF T~KAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That DRR Con~tn.tction Company
whose address is 2301 Hinkle Dr Denton. TX ,
hereafter c~led PHncipal, and Capitol Indemnity Corporation
a corporati6n orgsniTed and existing under the laws of the State of Wisconsin , and fully
authorized to transact business in the State of Texas, as Surety, are held and firmdy bound unto
the City of Denton, a municipal corporation organized and existing under the hws of the State
of Texas, here. lnafter cai[ed Owller, and nnto ali per$oi~, fil~, and corporations who may
furnish materials for, or perfoml labor upon, the buildin~ Or hnprovements hereinafter referred
to, in the penal slim of One Hundred Sixteen Thou~nna Nine lc[nndred Twenty Three and
75/l 00 DOLLARS ($ 116~0~ 7~ ) 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, joimly and
severally, fimaly by these presents. This Bond shall automatically be increased by the amouat
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 20ff2-
153 , with the City of Denton, the Owner, dated the ~ day of May
A.D. ~ ., a copy of which is hereto attached and made a part hereof, for
Bid 784."4- Mayhill Road Box Culvert~ and Draina~e
NOW, THEREFORE, ff the Principal shall well, truly and faitlffully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations ann clai~tnts
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 thio 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 thc Plans, Specifications,
Drawings. etc.. accompanying the same, shah 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 gi¥cn pursuant to the provisions of Chapter 2253 of the Texas Government Code,
as amended, nnd any other applicable statutes of the State of Texas.
Tlxe undersigned and designated agent is hereby desig~mted by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered un~ on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of thc State of Texas.
IN WITNESS WHEREOF, this inslrument is executed in 4 copies, each one of
which shall be deemed an original, this the 21st: day of May , 2002
PRINCIPAL
DBR Construction Company, Inc.
' P~P~SI~EN{E
ATTEST:
SURETY
The Resident Agent of thc Surety in Denton County, Texas for delivery of notice and service
of the process ia:
Surety Solutions Agency, Inc.
STREET ADDRESS: 1621 Winding Creek Road, Prosper, TX 75078
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, gtve a person'$ name.)
PB - 4
INDEMfllTY CORPORATIO
4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900
PHONE (608) 231-4450 · FAX (608) 231~2029
POWER OF ATTORNEY No: 6 2 10 6 3
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a
corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute
and appoint
-- SHANE A. HUMPHREY, CHERYL L. HUMPHREY OR KATHY R. ZACHAREK ----
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and
deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
NOT TO EXCEED $4,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duty calted and held
on the 5th day of May 1960:
"RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise1 be and they hereby are granted the power
and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the
nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-factl each appointee to have the powers and duties usual to such
offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with
respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached~ Any such appointment may be revoked, for cause, or
without cause, by any of said officers, at any. time." ~.
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its c,orpo.!ate seal to be hereto affixed duly attested bY its Secretary, this 1st day of June, 1999.
STATE OF WiSCONSiN "~ '.:~:,
COUNTY OF DANE f · " '
CAPITOL INDEMNITY CORPORATION
On the 1st day of June, A.D., 199~,.before me personally came George A F~i~i to me known, who being by. me duly
sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of
CAPITOL INDEMNITY CORPORATION, 'the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is.such corporate seal; '~hat it was so affixed
by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
COUNTY OF DANE
---- * * ~ Jane F. Endres
· ~ ~ Notary Public, Dane Co., WI
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison. Dated the~tta[l~/e..2'[st ....... day of_,~,, _ ..~__~y_ ___ .
~. COgPOn^?E
~//~;.~:SEAL ~ Pa Treasurer
This power is valid only if the power of attorney number pdnted in the upper right hand corner apears in red. Photocopies, carbon copies
or other reproductions are not binding on the company. Inquiries concerning this power of atlorney may be directed to the Bond Manager al the
Home Office of the Capitol Indemnity Corporation.
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
C2ty of Denton, Owner, the minimum insurance coverage as indicated hereinafier.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the project. Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid. Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
· Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its
officials, agents, employees and volunteers; or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that
this insurance applies separately to each insured against whom claim is made
or suit is brought. The inclusion of more than one insured shall not operate
to increase the insurer's limit of liability.
· All policies shall be endorsed to READ:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERL4LLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLF~D FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
Should any of the required insurance be provided under a form of coverage that
includes a general annnal 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 In.qurance:
General Liability insurance with combined single limits of not less than
$500:000 shall be provided and maintained by the Contractor. The policy
shall be written on an occurrence basis either in a single policy or in a combination
of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability.
IX ] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500:000 either in a single policy or in
a combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use
of all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
IX ] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease. The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured. For building or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance with §406.096 of the Texas Labor Code and role 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
Baming 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 ear'des
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 ia connection with professional services is required under
this Agreement.
Builders~ Risk ln,~urance
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 Innurance
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
[ x]
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project unt'fl the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, Or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
The contractor shall provide coverage, based on proper reporting of classification
codes and payroll mounts and filing of any overage agreements, which meets the
statutory reqni~ements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, ~e a new certificate of coverage with the governmental entity
showing that coverage has been extended.
Go
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1)
a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2)
no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
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.
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;
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;
Jo
(4) obtain from each other person with whom it contracts, and provide to the
contractor;
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6)
notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
(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.
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
mounts, 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.
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.
ADDENDUM # 1
ADDENDUM
CITY OF DENTON, T]EXAS
BID NIL:M#KR ~4.~ * ^dd(;ndun~ 0' ~
PURCIIA$1NG DEPARTMENT
I~q~t'RUCTION$ TO BIDDERS
hid oPet'~.ll~ r~UL~iW May. 2, ~302 ,mi 2';0U p.m., hul {into.
Bids ~all I~c l]lu, iniy m~rk~d u ~o die bid. number, ,)at*~ie O( t{~ bid, ~z~ hid ~{'d~t~ (,n ~e o~gude ul ~m~plc~ly
4.
$.
0.
bid~ r~uz~n m fD~Ce ~Of { Mxly (60) day ~ei'lad alter {?{w:tmii3g Of '~/itil award i,~ made;
~,md/or qtt¢$flo{l{ y~'tilininl~ m ~hl$ bid Ihall ))~ ,li,.c. uM,d lo irl~ Cily of rJc~mtt PUf¢II~ A{~I.
ACgNOWI.~I~;X~UNT ~ BE RF.C~VED AT THE PLACE D~I~NA3'I!L) C~R THF. ~.(CEI~ O~ IUL)S
President
May 2,2002
230I Hinkle Dr.
Denton,TX 76201
940/383-3007
WORF,.DA ¥$ 25
BID NO. 2843
PO NO,
BID TABULATION SHEET
Item
12,!2.3-B"
.12.3.C
12,12,3 2-B
j C.ontractor~ Wan. at es and U ~derstandlngs
,~our,,,~housand
~t~ll 18" Class Ill RCP Strum Sewer
Thirteen Dollars
~umish and
Strum Scwor
ghd~ Pd*c ht Words
lnetall 36" Class Iii RCP
~ Qunntlly
- MAYHILL ROAD C LII.,VERT
Price
47
lO
Unit Price In Word~
Thirty Nine Dollars &
lll~t0ll 54" Clatm rll RCP Storm 8cwcrl
' -:~ ..... Unit Price La Word~
One Hundred Four Dollars
Lastall 8' x 8' Bu~ 'C. ulvcrI
' -'~ LJnlt ~;ie-e Tn Words
Two Hundred Seventy Six Dollar
Rcmo~o 72" CMP
Forty Dollars
Unit Price h~ Word~
Retllov¢ 24" RC/I~
301
Unit Prko bi Words
Ten Dollars
- Remov~ 18" RCt'
Uml Price In Words
Five Dollars
Prep~alion of Right u f Way
(Init ¢rlcc In Words
Four Thousand Dollars
Uncla~silicd Exeuva
72
6~
42
4~
J 39.25
04.00
ILF I$
4000.00
611.00
400.00
7488.00 J
17940.00
1680.00__..
SSO.O0
230.00
4000.00
100.00
4/26102 P- ]
ADDEiqDUiq 1
p ao...,~ -c 4
Li~fit I~'ice In Word~
Ten Dollars
'L'e~pora~y
Five Hundred uoz±ars
Class A Concrete for 25 --
8' by. 8' b.~ oul%.m'l
Unit Price I. Word~
Three Hundred Dollars
7,6.A-1 $' X 5' 4-sidod hllet 1
? 6 A.2 Two Thousand Five Hundred Doll rs
· ~ 4'X4' 4-~id~'t hllel 2
2500
Two Thousand Dollars
...... ooo. o
Unit Price m W.rd
Two Hundred Dollars
:~ t Forty Dollars
' SP.4-B
Fifty Dollars
SP-10
Dollar
Wutm.hne Lowcnng
Unit Pri¢,c b~ Words
W:,tcrline Lowering
Unit ?d~= I~{' Worda --
Unit Prio¢ [n Worth
..... ~.ci'--"Skorci.g ~
~P'31I
Uni! Ptil:e {n Word
Excavali(m Protection; --
500.00
I One Dollar
$
7500.00
2500.00
-
4000.00
2000.00 ·
+,~oo.o;!
600.00!
20 t.~ '-~"~ ?EiT-' T-
'--]' -~ -t- .... : .
50.00 4000.00~
.......
4/26/02
P-4
kT.IDblN DUI4 1
I.rnii"i~cic~ In Win'ds
Five Doll ars
~roj~t SIgfm
~P.43
2
-. - Uait ~r.i¢¢ bt Words
One Hundred .~':Ll:ty uox~ars
'A.ph~.lt Saw C.u~
Unit Price h~ Words
~o Dollars
Mi~cclla~co~s Sprinkler gya~m
...........................
Unit Pric~ ~ Word~
~o Hundred Dollars
Seven Hundred Fifty Dollars
Mayhill Road Culvert
I'OTA b
Seventy Eight Thousand One Hun(
!.
red Fift
144,00I
78,157.25i
Five Cent~
4/26/02
AS~N~IR~ %
2.1.3
4.6-B .....
MAYIIILL ROAD CULVERT AI,TI~RNA'I'I,3 #i
Description Ottautity { Unit [ I Unit
Base. 5" for dfivewa~ 306
Unit Price h~ Words!
Seven Dollars
975
Five Dollars
Seven Dollars
C?ompaet~! F, II
.sOO
Hydmr,mlch 1478
Fifty Cents
6" Lime Tre~U:rneut Of 8ubgtadc ..... l { 38
........ 0nit ~ h, Wo~
~lars
T~ A Hydroid ~m~ (Slu~y) { 6
One Hundred Dollars~%{~ Pr}~ 5~ Wotd{
4" ~h~li P~v~t Bam~ ('i'~ A) 975
umt Pn~ la Wo,'d~
........ Unit Pri~ WOr~
Five Dollars & Fifty Cents i
2" Asphalt Puv~ent ('I'Ve ~ Ba~){'""~ 138
Uni~Pri~ M Wordy
Five Dollars & Fifty neats
WORKDAYS
BID NO, 2843
PO NO.
2142.0~
3500.0£
/S¥
739.0£
3414~
1600.001
10725.00
5.50. 5362.50
I/$Y
.00
!/TON
150.00
Seventy Five Dollars TOTAl. ' ....
Thirty Eight Thousand Seven Hundred Sixty Six Dollars & Fifty Cents
4120/02 P-6 ~o~u~ t
re: ~10/02 Time: 3:06 PM To: 6kirch&k, Christi ~ 3&9-7302
Page: 001-002
ACORD. CERTIFICATE OF LIABILITY INSURANCE
12/14/2001
PRODUCER (940) 382-9691
Rame¥ & King Insurance
830 South 1-35E, Suite A
Denton, TX 76205-7829
INSURED D
Don Richards
P O Box 828
Denton, TX 76202
COVERAGES
FAX (940) 243-1050
THIS CERTIFICATE IS IESUEO AS A MATTER OF INFORMATION
ONLY AND CONFERB NO RIGHTB UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERA: Scottsdale Insurance co.
INSU~ERB: T~init¥ Lloyds Insurance co.
IN~UeERC. Texas Work Cor~ Ins Fund
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 CERTIFICATE MAY BE ISSUED OR
May PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM% EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AOCREOATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR 1YPE OF INSURANCE POLICY NUMBER DATE (MMA3D/YY} DATE (MM/OO/Y~ LIMIT8
GENERAL LLa~IL[TY CL421900355 10/23/2001 ].0/23/2002 EACH OCCURRENCE $ 11000~ 000
~- COMMERCIAL GEd'qERAL LIABILITY FIRE DAMAGE
I CLA(M$ M~DE ~ OCCUR MED F-XP laxly erie pemonl
A -- PERSC~4AL & ADV SNJURY $ 11000) 00~
)ENERAL AGGREGATE $ 1
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS
AUTOMOBILELIABILrTY TCA6844144 10/23/2001 10/23/2002 COMEiNEDSiNGLELiMiT
~ ANY AL~O (Ea accident) 1,000,
B --
-- HIREO ~JTOS BODILY iNJURy $
GARAGE; LIABILFFY AUTO ONLY - EA ACCIOENT $
AUTO ONLY: ~G
*M~O~$' m.~lm.~ ~,L. F..A~H ACCLDENT $ 500
C
E.L. olse~-~ - ~A E~PLOYE~ $ 500, OOC
E.L. DISE~E - POLICY LIMIT $ 5OO ~ O0(
DE~P~qON O~ CPERA'~ON~fl. OCA13ON~/VEMICLES/EXCLLL~IONS ADDED BY ENDD R~EMENT/~C~L PRO~flEIONE
'SAID POLICY SHALL NOT BE CANCELLED, NON-RENEWED, OR MATERIALLY CHANGED WITHOUT
IO DAYS ADVANCE WRITTEN NOTICE BEING GIVEN TO THE OWNER, EXCEPT WHEN THE POLICY
;S BEING CANCELLED FOR NON-PAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN
~OTICE IS REQUIRED.City of Denton is ~sted as additional insueed/ waiver of subrogation
'avor of Clty of Denton on Workers C~,~ensatlon.
CERTIFICATE HOLDER I I ADomoa~. INSU~; tNSU~ ~R: __ CANCELLATION
CITY OF DENTON
2301 HINKLE
DENTON, TX 76201.
ACORD 25~ (7/97)
3eff Kin~
~ACORD CORPORATION t988
:e: ~!~0/02 Time: 3:06 PM To: Skirohak, Christi ~ 349-7302
~ Pase: 002-002
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate ho[der In lieu ct such 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 ce~ficate
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 ce~flcate holder, not does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-~ (?197)