HomeMy WebLinkAbout2000-185ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF WESTWOOD AREA WATERLINE, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (BID 2482-WESTWOOD AREA WATERLINE AWARDED TO JAGOE PUBLIC
COMPANY IN THE AMOUNT OF $175,401)
WHEREAS, the City has solicited, and received competitive sealed bids for the construction
of public works or improvement 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 respondent for the construction of the public works or
improvements described in the bid invitation, and plans and specifications therein, and
WHEREAS, Section 271 905 of the Local Government Code allows the City to award a
contract to a bidder having its principal place of business in the City if its bid is within three per cent
of the lowest bid price received from a nonresident bidder if the governing body determines in
writing, that the local bidder offers the City the best combination of price and additional economic
development opportunities for the City created by the contract award, including the employment of
residents of the City and increased tax revenues to the City, and
WHEREAS, the City Manager or a designated employee has reviewed the herein described
bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted
therefore and represents to the City Council that the herein described local bidder's bid is within
three per cent of lowest bid price received from a nonresident bidder, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction of public works
or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, and,
The City Council hereby determines that the vendor set forth below has its principal place of
business in the City of Denton, Texas, its bid is within three per cent of the lowest bid price received
from a nonresident bidder and such local bidder offers the City the best combination of price and
additional economic development opportunities for the City created by this contract award The
following numbered bid for construction of a public works project from the below described local
bidder and as shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are
hereby accepted and approved
BID
NUMBER CONTRACTOR AMOUNT
2482 Jagoe Public Company $175,401
SECTION II That the acceptance and approval competitive sealed bid 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 Notice to Bidders including the timely execution of a written contract and furnishing of
performance and payment bonds, and insurance certificate after notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying
the terms, conditions, plans and specifications, standards, quantities and specified sums contained
therein
S) CTION IV That upon acceptance and approval of the above competitive sealed bids and
the execution of contracts for the public works and improvements as authorized herein, the City
Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in
such approved bids and authorized contracts executed pursuant thereto
SECTION V This ordinance shall become effective Immediately upon its passage and
approval
PASSED AND APPROVED this day of 2000
EULINE BROCK, MAYOR
ATTESTt
JENNIFER WALTERS, CI Y SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PAPUTY, C Y ATTORNEY
BY *4�,,
BID 2482 WESTWO DWA RLINE LOCAL PREFERENCE PUBLIC WORKS PROJECT ORDINANCE
ATTACHMENT
TABULATION SHEET
# 2482 -
NAME Westwood Area Waterlines H & W UTILITY Ape Con, Inc Whizcon Jagoe Public
Utilities Company
IF 3/9/00
Principal Place of Business Lake Dallas, TX Irving, TX Arlington, TX Denton, TX
7 Total Bid Award $274,619 10 $172,467 00 $258,923 00 $175,401 00
Bid Bond YES YES YES YES
Price less hypothetical 3%
Local Preference Amount 1 $170,138 97
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6 day of r,me A D ,
2000, by and between City of Denton of the County of nenrnn
and State of Texas, acting through Michael W ie7, thereunto duly authorized so to do,
hereinafter termed "OWNER," and
of the City of Denrnn , County of Denim and
State of
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
in the amount of $175 ant 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 the plans, which includes all maps, plats, blueprints, and other
drawings and printed or written explanatory matter thereof,
CA-1
and the Specifications therefore, as prepared by
all of which are referenced herein and 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
ATTEST
�
.. WI
- . ice.
ATTEST
/h e
APPROVED AS TO FORM
— "fAi� Y,
CITY ATTORNEY
CA-3
(SEAL)
CONTRACTOR
Jre Public Co.
12mF9$6
Denton, Tx 76202
MAILING ADDRESS
Araa Pa io r., ti,...,.
PHONE NUMBER Main #((940) 382-2581
Fax #(940) 382-9732
FAX NUMBER BY 0 Vice pre 51L +
TITLE
&II Ckeek,J�
PRINTED NAME
(SEAL)
�-eWD do iii aIuq
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Tape Pnhh_ c Company whose
address is 1090 Ft_Wnrth Drive Denton TX 76705
hereinafter called Principal, and ASSOCIATED INDEMNITY cOAPOINON
a corporation organized and existing under the laws of the State of Texas
and fully authorized to transact business in the State of Texas, as Surety, are held and firmly
bound unto the City of Denton, a municipal corporation organized and existing under the laws
of the State of Texas, hereinafter called Owner, in the penal sum of One Hundred
Five Thnimnnd Four Hundred One and nn/10f1 DOLLARS ($.L75,401) 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 of
this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2000-185, with the
City of Denton, the Owner, dated the —6 day of Tiine A D '2000, a copy of which is
hereto attached and made a part hereof, for Rid # 94RI - Westwood W riina
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 - 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, 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 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 Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 6 day of Inne. , Mon
ATTEST
BY �.
SECRETARY
ATTEST
Ill.6'l'1!
PRINCIPAL
14goe— Plot; C CQ
BY _.�LP�__ )
VICE PRESIDENT
SURETY
RSSOCIATED INDEMNITY CORPORATION
BY KI
,ATTORNEY-IN-F CT
ARIA WEAUEk
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
17,0MM t alilb
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PB-2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That iagne Pubbo Cnmpsny , whose
address js 3020 Ft Worth Drive, Denton, TX 76905
hereinafter called Principal, and 48SOCIATEDINOTYCOAPTATIDN
a corporation organized and existing under the laws of the State of Texas 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 One Hundred Seventy Five Thnimand Fnur Hundred One. and nn/100
DOLLARS ($-05r40L) 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, admimstrators, 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 2000-185, with the
City of Denton, the Owner, dated the —6 day of Tine A D _2000, a copy of which is
hereto attached and made a part hereof, for Rid 2482 - Westwood Waterline
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
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Govermrient 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 Annotated Civil Statutes of the State of Texas
ICI WITNESS WHEREOF, this instrument is executed in _ 4 copies, each one of
which shall be deemed an original, this the —b_ day of dine_, ')nnn
ATTEST
PRINCIPAL
SQ ant- P�S� �.. nahv
BY �- d/� n 7
SECRETARY BY
V i CE PRESIDENT
ATTEST
SURETY
ASSOCIATED INDEMNITY CORPORATION
BY
•'
�.- .• • r
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME WILLIS QF TEXAS) T
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY
AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That FIREMAN S FUND INSURANCE COMPANY a California corporation NATIONAL SURETY CORPORATION
an Illinois corporation THE AMERICAN INSURANCE COMPANY a New Jersey corporation redomesticated in Nebraska ASSOCIATED INDEMNITY
CORPORATION a California corporation and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri corporation (herein collectively called the
Companies ) does each hereby appoint ROSEMARY WEAVER AND JOHN R. STOCKTON OF DALLAS TX
their true and hiwful Attorneys) in Fact with full power of authority hereby conferred in heir name place and stead to execute seal acknowledge and deliver any and all
bonds undertakings recognizances or other written obligations in the nature thereof —
and to bind the Companies thereby as fully and to the sarnc extent as if such bonds wee signed by the President scaled with the corporate seals of he Comp roles and duly
attested by the Companies Secretary hereby ratifying and confirming all that the s ud Attorneys) in Fact mro do in the premises
This power of attorney is granted under and by the authority of Article VII of the By laws of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY
CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY whu.h provisions are now in full force and effect
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN S FUND INSURANCE
COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOb10BILE INSURANCE COMPANY at a meeting duly called and held or by wit« Ln i,onsent on the 19th day of March 1995 and said Resolution has not been
amended or reptaled
RESOLVED that the signature of any Vice President Assistant Secretary and ResidLnt Assistant Secretary of the Companies and the seal of Ihi.
Companies may be affixed or printed on any power of attorney on any revocation of any power of attorney or on any certificate relating thereto by
fuuunrle and any power of attorney any revocation of any power of attorney or comfit nil, bearing such facsimile signature or facsimile seal shill be
valid and binding upon the Companies
be hereunto affixed
IN WITNESS WHEREOF the Cumpan`es have caused these'p�e�e�is to be signed by their Vice President and their corporate sails
this 1 / day of December =m
TYCC (in
SEPT a ef0O �6EAL $-bbAxtINOS 15Y�♦ tv travuill(lu(„�
STATE OF CALIFORNIA
as
COUNTY( MARIN
FIREMAN S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
THE AMERICAN INSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
By
vlC P![SlaClll
1 998 , before me y M A Mallonee to me known who being by me
On Nis % day of December 1 personal) came
duly sworn did depose and say that he is a Vice President of each company described in and which executed the above instrument that he knows the seals of the said
Companies, that the seals affixed to the said instrument are such company seals that they were so affixed by order of the Board of Directors of said companies and that he
signed his name thereto by like order
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal he day and year herein first above written
L OCAMPO
i Commission N 1163726
NotaryPUbliC- C011fafnia {
1 Morin. County
• W year EtYy.eSf`OV211,20)1 N.uay Public
CERTIFICATE
STATE OF CALIFORNIA
ss
COUNTY OF MARIN
I the rce
and has not been revelled, nand furthermore that tant Article VII of each tpthe By laws of each company and, DO HEREBY CERTIFY tthe the Resolution of theand tached Board of POWER Directors set forth n he Power of AttoNEY remains in full rney
are now in force
Signed and sealed at the County of Mann Dated the L-0 day of
TYC lfiE�riiP aaNANE OG .50�,Y4�IFIfey 4� a�aF W,ry
r Po�� e•• tie a ♦ pss3� F %�
15 SEAL S
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360789 1198
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES,
COVERAGES, RIGHTS OR COMPLAINTS AT•
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE
P. 0 BOX 149104
AUSTIN, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OF CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR
PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE
AGENT OR 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 INFORMATION ONLY AND DOES NOT
BECOME A PART OF CONDITION OF THE ATTACHED
DOCUMENT.
I R✓
MGDUM (940)38279691 PAX (940)243-1050
ONLY ANDCOWMNORIOHTSUPONTHECBRTMATE
amey & King Insurance
HOLDER, THIS CERTIFICATE 0016NOT AMEND,EXTEND OR
i30 South I-35E, Suite A
ALTER THIN COVERAGE AFFORDED BY THE POLICIES BELOW
)enton, TX 76205-7829
COIN►AWEMXi ES AFPORDCOVERAGE
Bituminous
I OOMPANY
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NGURSO
COMPANY %xas Work Comp ins Pund
Jagoe Public Company, .Inc.
Bill Cheek
P 0 Box 250
MPAW
00
Denton, TX 76202
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"as T'O CERTIFY T THE POLICIES OF NSURNJCe LISTED OELOW HAVE SEEN ISSUED TO THS INSURED NAMED ABOVE FOR THE POLICY PBRLOO
NDICATED NOTWIT♦WANDPIO ANY RHOUERN1lM', MW OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR WAY PERTAIN, THE NGURANCE AFFORDED BY THE POUrf[S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSION$ AND CONDITIONS OP BUCN P'DI.IClB LESTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLASAS
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OgeCRlTIDRGF OPERA TIOMWVWAOLdIA MM&MOM
City of Vauton, its officials, ,agents,
employees and valurteers are shown as additional
, � islsured . r 1
Projects Bid 2482 - Westwood WatIar LTng
Said ppolicy shall not be cancelled, renswed,orl
rice,
City of Denton
materially an ad without 30 days advauce
901H Texans Street
written notbeing given to the Owner, except
w e p0lley a being cancelled for non -
Denton, Texas 76201
n of remi , in which case 10 days
write 'rice is required.
` mE
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 disqualifted from award of the contract. Upon bid award, all
insurance requirements shall become contractual obltgattons, which the successful bidder
shall have a duty to maintain throughout the course of this contract
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time, however Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A M Best Company rating of at least 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
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 WRITTENNOTICE 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, tf so noted
[X] A General Liability Insurance
General Liability insurance with combined single limits of not less than %] .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 (XCU)
exposures
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability
[XI Automobile Liability Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than S1,000,000 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 ansmg 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
[X1 Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may anse
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
[ ] 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
[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 until the contractor's/person's work on the project has been completed and
accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees This includes,
without limitation, independent contractors, subcontractors, leasing companies,
motor carvers, 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 foodibeverage vendors, office
supply deliveries, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor providing services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing 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
F The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project
H The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage
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 401011(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
J By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self -insured, with the commission's Division of Self -Insurance Regulation
Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
Bid 2482, Westwood Area Waterline - CONTRACT & INS 6-00
BID SUMMARY
TOTAL BID PRICE IN WORDS d 4v, R� 4!:j� 4 d
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
S099
.Box 250 Co.
Denton, Tx 76202
City and State
Seal & Authorization
(If a Corporation)
Telephone
.101I
Westwood Waterline Work Days 45
Bid No
BID TABULATION SHEET PO No
Item IDescription I
Quantity I Unit I
Unit Price I
Total
121 Contractors Warranties and Understandings
LS Is
8 gV5.PLS
$ dus. 00
Unjt Price In Words ;tk+tii.a.w#v-4 %e,u+ vtu ao(ne d 44r to
2 12-A
6" Water Line
2927
LF
$ $p,ap /LF 1
$ 97, 7/0.
y-
Unit Price In Words - �' A-&V �
2 128
Ductile Iron Fittings
105 1
LB
$ .q.00/LB
$ a7,0.00
Unit Price In Words °J` °� 4,p- ")40 &&,Av
2 13
6" Valves 1
4 1
EA
$ 520."/EA
$ At rd•46
Unit Price In Words
214
Fire Hydrant Assembly
7
EA
$ 2000•60/11A
$14, 6W• 00
Unit Price In Words iwn doe� a x d� `Ax'" eaIK;t�L)
216
Water Service (Public)
1 68 1
EA
$ 60A04'EA
$4V4800.66
Unit Price In Words ` � d" ' ` a,?L4 "0-4 ez,.W.�
3-C
Remove Sidewalk
2
Sy
$ io.00/Sy
$ %0.00
Unit Price In Words
3 1
Preparation of Right of Way
I LS
$ 1000-60/LS
1 $ /006- 60
Unit Price In Words Q-l�� it �-W a a... 6L �Z u h� �Gtix cL� /h-o tcm,�A-J
39
Sod
1 136
1 SY
Is 4.011/SY
$ 914.60
Unit Price In Words > ' all1t- -41--0 --" �
3 12
TFmporary Erosion Control
I LS
$ A00.04LS
1 $ ,2p0.00
Unit Price In Words ��"'-O� � ' -4L O
8 1
Barricades, Warning Signs and Detours
I LS
$ 8000•64LS
1 $ 3,000 ew
Unit Price In Words cJ4A -el 0-'>-� ✓,' v Gene
8 3A
4" Concrete Sidewalk
1 2
1 SY
$ 56•00/SY
$ /op,
Unit Price In Words mod- etc o
P3
Westwood Waterline Work Days 45
Bid No
BID TABULATION SHEET PO No
Item Description I Quantity I
Unit I
Um Price Total
SP-2 Concrete Saw Cut 1 8 1
LF
$ S.00 /LF 1 $ 40.00
Unit Price In Words GLd(-Qevc•a.� d11.1 1 .ih.o A t4n7(,1)
SP-10
Rock Excavation
50
CY
$ ?.Do /Cy
$ 166.00
/�� ,� ""
Unit Price In Words Gt v Cxa n a� Gi r-oi -It-o °tie,�
SP-37
Excavation Protection
310
LF
$ 3. oo /1,F
$ 9S0. Oo
��//��
Unit Price In Words �d1,, 6to-L2, aix..d. -,Xv GL�m.
SP-39
Project Signs 1
2 1
EA
$ Sad.oa'EA
$ 10M. do
Unit Price In Words LOAD -ems 4 de L2.V-A a ---X o .i'" E t x
SP-40
Cut and Plug Existing Water Line
6 1
EA
$ W- oa /EA
$ 200. 00
Unit Price In Words �twxdiea.� dtrahaJtines% /ko
SP-42
Remove Valve Stack
6
EA
$ �•�/EA $ /,Soo
Unite Price In Words A,*,� /X-o
SP-43
Asphalt Saw Cut
6210
1 IF $ 1.00
$ 6,�./O•oa
Unit Price In Words dol, g4c,4 -AL4 "-X;( J
SP-44
Remove Fire Hydrant
1 4
1 EA
$ Sbo•0P/EA
$ 2, OOO•dD
Unit Price In Words ( , 41U4Ld&L4L, 04 a -dt Aix e[ ✓K-o
SP-45
Miscellaneous Sprinkler System Adjustment
LS
$ 4�o•OtLS
$ /, 000.op
Unit Price In Words
TOTAL
$ 175, 1401 00
P4