HomeMy WebLinkAbout1999-001ORDINANCE NOdp�
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR AVENUE G DRAINAGE IMPROVEMENTS, PROVIDING FOR THE
EFFECTIVE DATE (BID #2293 — AVENUE G DRAINAGE AWARDED TO JAGOE PUBLIC
CONSTRUCTION CO IN THE AMOUNT OF $229,310)
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
SUCTION I 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
I
NUMBER CONTRACTOR AMOUNT
22193 AVENUE G DRAINAGE $229,310
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 wc rks or improvements herein accepted and approved, until such person shall comply with
all requir ments specified in the Notice to Bidders including the timely execution of a written
contract find furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
TIS�� That the City Manager is hereby authorized to execute all necessary written
contracts or the performance of the construction of the public works or improvements in accordance
with the lids accepted and approved herein, provided that such contracts are made in accordance
with the otice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
ACTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
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 That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of 1999
c
JACK ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2293 AVENUE G DRAINAGE CONTRACT ORDINANCE
ATTACHMENT #1
TABULATION SHEET
BID # 2293
Jagoe Mike Radich DBR Dickerson I Earth
BID NAME AVENUE G DRAINAGE Public Albert Const Const Const Builders
Inc Inc
TOTAL BID AWARD
$252,560 00
$333,976 00
$470,583 00
$310,989 80
$367,927 00
$327,890 00
BOND
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CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 5 day of JANUARY A.D., 1999, by and
between CITY OF DENTON of the County of DENTON and State of Texas, acting through
MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
JAGOE PUBLIC CONSTRUCTION CO.
P.O. BOX 250
DENTON, TX 76202
of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2293 — AVENUE G DRAINAGE
in the amount of $2299310 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
accordalnce 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
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractdr,
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 tune stated in the Proposal, subject to such extensions of time as are provided by the
General land 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
in thb year and day first above written
APPROVED AS TO FORM
LA� , I - -
CITY ATTORNEY
CA-3
this agreement
JAGOE PUBLIC COMPANY
BOX 250
DENTON TEXAS 76202
CONTRACTOR
MAILING ADDRESS
(`/io) 3d'2--ZS-i?l
PHONE NUMBER
gq1D) ?F2,—c??32.
FAX NUMBER
BY 7
TLE
le,u /-�e&k-. T,.
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC
CONSTRUCTION CO., whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter
called Principal, and ASSOCIATED INDRAVY CORPORATION a corporation organized and
existing under the laws of the State of TEXAS, an 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 TWENTY NINE THOUSAND THREE
HUNDRED TEN and no/100 DOLLARS ($229,310) 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 99-001, with the City of
Denton, the Owner, dated the 5 day of JANUARY A.D. 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2293 — AVENUE G DRAINAGE.
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 reunburse 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
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 tune, 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 5 day of JANUARY 1999.
ATTEST
BY �CQ
SECRETARY
ATTEST
PRINCIPAL
BY
VMC"PR IDENT
SURETY
ASSOCIATED INDEIdNn'( CORPORATION
1 39nn -v, -,�taxton
The Resident Agent of the Surety in Denton County, s for delivery of notice and service
of the process is
WILLIS CORROON, CORP
NAME ONE GALLERIA TOWER
STREET ADDRESS DALLAS. TEXAS 75240
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC
CONSTRUCTION CO., whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter
called Principal, and ASSOCIATED INDEMNITY CORPORATION , 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
TWO HUNDRED TWENTY NINE THOUSAND THREE HUNDRED TEN and no/100
DOLLARS ($229,310) 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 99-001, with the City of
Denton, the Owner, dated the 5 day of JANUARY A.D. 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2293 - AVENUE G DRAINAGE.
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 tune, 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 herem 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 5 day of JANUARY 1999.
ATTEST
PRINCIPAL
BY
SECRETARY BY
Uce—PRESIDENT
ATTEST
SURETY
Io
ASSOCIATED INDEAMP COAPORATk)N
SE"- On
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME
STREET ADDRESS
WILLIS CORROON CORP
ONE GALLERIA TOWER
TEXAS
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
2293 CONTRACT & BONDS
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
then true and lawful Attomev(s) in Fact with full power of authority hereby conferred in their name placL and stead to execute seal acknowledge Lnd delnl.r any and all
bonds undLrmkmgs recognizances or other written obhentions in the nature thereof-------------------------------------------
nid to hind the Companies thereby as fully and to the +alnL extent as if such bonds were +igncd by the President scaled with the Corporate seals Of ihL Comp late+ aid dui+
attested by thL Companies Secretary hereby ratifying and tonhrmmg ill that tilt s kid AttornLy(+) in Fact mas do In the PfLauses
This Paso of atiornLy is granted under and by the authority of Article VII of the By laws of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURL FY
CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIAFCD INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURAN(L
COMPANY which provisions are now in full tOrLe and etlett
This power of attorney is signed and sealed under the m[horiry of the following Resolution adopud by the Board of Directors of FIREMAN S FUND INSURANCF
COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held or by written Lonwrit on the 191h day of M itch 1995 nid said Resolution has not been
anien&cl m rcpLzlLd
RESOLVED that the signature of any Vice President Assistant Secretary and Resident Assistant Secretary of the Companies and the seal of tilt
Companies may be affixed or printed on any power of attorney on iny revocation of any power of attorney or on any certificate relating thereto by
faLSI nile and any power of attorney any revocation of any power of attorney or temfiLatL bearing such faLsimde signature or facsimile seal shall be
valid and binding upon the Companies
M WITNESS WHEREOF the Companies have caused these page is to be signed by their Vice President and their corporate senh to be hereunto dlixed
this 1/ day of December
gTVC. ow„nrrr'rrrn rM1nry s F M1u ! FIREMAN S FUND INSURANCF COMPANY
JP Oq °o„+9rr' a° ♦+ "I'I'%N 'y oVpOiLr'as x NATIONAL SURER CORPORATION
o ` atio • •',, =3 ——`r/�c. THE AMERICAN INSURANCE COMPANY
L1VOD ,xFRi i 6 E A_L €: ASSOCIATED INDEMNITY CORPORATION
4MERIC
sEeo srero s+ � 111L1��i ° G ��2 ys i =� � AN AUTOMOBILE INSURANCE COMPANY
6, (LrNO`9 Mr ��NCF COl6C rjB a• yQ� s�f�laWS Val
n'nrm,rnumw" �HCE ee
By — _—
STATEOFCALIFORNIA Vic Pmsrdem
ss
COUNTY OF MARIN
On this 17 day of December 1998 before me personally came M A Mallonee to me known who being by me
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 DireLors of said companies and that he
signed his name thereto by like order
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year herein first above written
L OCAMPO
r Commission N 1163726 a
m Notory Public California _g I
Morin County
My Comm Fxpkw CERTIFICATE
Nov?8 2001 Notary Public
�+'h��+
STATE OF CALIFORNIA
ss
COUNTY OF MARIN
I the undersigned Resident Assistant Secretary of each company DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked and furthermore that Article VII of the By laws of each company and the Resolution of the Board of Directors set forth in the Power of Attomey
are now in force
Signed and scaled at the County of Mann Dated the 5 day of
January 1999
�.�r/Ot_ry/p_Yr�XM1III e°•• •1�M1�ytibiGrFs�y'r•'� t 43
✓��%`o,+
8066aOa.wIM,rLLe'NFSF SR<Na/r!n(r Al/sl�s/lare��S�ai�rciury0�'�LIS° kmMwN
Nun" r11
360789 1198
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 shalt 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 AM 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
AAA00360
REVISED 10/12/04 Cl - 1
Insurance Requirements
Page 2
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
Of 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 provide thirty(3O) days prior written notice
of cancellation, non -renewal or reduction in coverage
• 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.
AAA00350
REVISED 10/12/94 Cl - 2
Insurance Requirements
Page 3
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:
P9 A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$19000,000.00 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
AAAM350
REVISED 10/12/94 CI - 3
Insurance Requirements
Page 4
f8] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability Insurance with
Combined Single Limits (CSL) of not less than $1,000,000.0oeither 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
iKI 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)
f ] 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
AAA00350
REVISED 10/12/94 Cl - 4
Insurance Requirements
Page S
"occurrence" basis, and the policy shall be Issued by the some 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.
[ l 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.
[ l 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.
[ l 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.
[ I 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
AAA00350
REVISED 10112/94 CI - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[s) 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 1406.096) -
Includes all persons or entitles 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 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project
AAA00350
REVISED 10/12/94 Cl - 6
Insurance Requirements
Page 7
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
mad 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.
AAA00350
REVISED 10/12/94 Cl - 7
Insurance Requirements
Page 8
I. 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
401.0111") 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
nnn00950 C1 - 8
REVISED 10112104
in the event of the award of a contract to the undersigned, tie
undersigned will furnish aths full mount Of the con performance bond and a payment band fc_
tract to the terms aand provisions of the contract etorinsuurer eoandiguar wt
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 th_s
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.
Street Address
1711
City and State
Seal & Authorization /
(If a corporation) — I�% Of"a �sg/
Telephone
H - 1
AVENUE G DRAINAGE
BID TABULATION SHEET
Work Days_AQ_
Bid No 2293
PO No
Item
Description I Quantity I Unit
I Unit Price
I Total
1 21
Contractors Warranties and Understandings I LS
$ /LS
I $a, age,0
Unit Price In Words
2 12 3
48" Class IV RCP Storm Sewer kcp
L 412
1 LF
$ /4 F
$
Unit Price In Words
2 12-A 48" Storm Sewer ul{tiA F,(d 918 1 LF
$ /LF 1
$ V1 9'
Unit Price In Words p
2 12 -B
42" Storm Sewer
292
LF $ 95'volLF $.11740 oc
Unit Price In Words Div
2 12-C
36" Storm Sewer z, A6e.4 1 52
1 LF
$ gc,0(YLF
$ q, (o$ ,
Unit Pnce In Words Al
213
6" Valves
I 1
I EA $ .4'er,, /EA
$
Unit Price In Words K✓&'
3-A
Remove Curb and Gutter 1 22
1 LF
$ F
$ 7 z
Unit Price In Words 7tw Z5 LL
3 1
Pre aration of Right of Way
LS IS
$ et)o, VC
Unit Pnce In Words 5
3 12 ]Temporary Erosion Control I LS
$ 77e, )LS
$
job,N
Unit Price In Words =
7 6-A-1
6' X 6' Junction Box 2 1
EA
$ Y64,00 /EA
$ LV,C,0
Unit Price In Words Tieok"
7 6-A-2
6' X 4' Junction Box
3 1
EA
$ 3 2O0 O/EA
$ b60•M
Unit Price In Words?LV T/i p itJ ,v l -rw
7 6-A-3
9' X 4' Junction Box
1 I
EA $ 60,0 er,1EA $
`e em,o
Unit Price In Words r r d 17pC1r1 /+�j
7 6-A-4
Rebuild Junction Box Invert
1
EA $ /, d11O /EA $
/
Unit Price In Words(
P3
AVENUE G DRAINAGE BID TABULATION SHEET Work Days_M_
Bid No 2293
PO No
P4
AVENUE G DRAINAGE BID TABULATION SHEET Work Days_8g_
Bid No 2293
PO No
P5
Ramey L King 2/10/99 8 39 PAGE 2/2 RightFAX
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PIIOWGEII 640)38 -9191 FAX (940)243-1050
TFI TIFI A zis 183OU D�Y7 N
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ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
830 South I-35E, Suite A
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Denton, TX 76205-7929
COMPANIES AFFORDING COVERAGE
COMPANY Bituminous
AHn Ext
A
INSURED lapse Public Company, Inc
CONIPANY Texas Work Comp Tns Fund
Bill Cheek
B
P 0 Box 230
MNIPANY
Denton, TX 76202
C
COMPANY
D
//�WNRL�,Wepa�n,Rvy�@
THIS 0 TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCYPERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE WAY N ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEROIN 0 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN WAY HAVE BEEN REDUCED BY PAID CLAIMS
OR MO 1VP80P IN8URAH POLICY NUMBER POLICY IDIPINATION
UNTO
DATE(MMI�K E(MWWNYI
GENERAL LIABILITY
GENWIALAGGRbOATE S 2,000,000
COMMEACAL OXNSRAL LIABILITY
PRODUCTS COMPMPAOG A 2,000,000
' CLAIMS MAUL OCCURI
A
PERSONAL L AOV INJURY L
10/01/1998 10/01/1999
OWNER 9ACONtRACTOR9PROTiCLP2302758
EACH OCCURRENCE S 1,000,000
FIRE OAMAGE(A,N enPM) 1 50,000
MCD EXP (An PPP INnon) 1 5 000
AUTOYOSILE LIABILITY'
X ANY AUTO
CONINBD SINGLE LINT 1 1,000,000
ALL OWNED AUTOS
LLY INJURY A
A 2CMUMMAUTOS CAP2S42947 10/01/1998 10/01/1999 rPPRwI
X
HMEOAUTOS
BCO,YINIURY 1
X NON OWNED AUTOS
IF. audo q
PROPERTY MANGE L
GARAGE LABILITY
AUTO ONLY EAACCIDENY L
ANY AU IO
OTHER THAN AUTO ONLY
EACH ACCIDENT E
AC IROATE L
EXCESS LIASUM
EACNCCCURRENCE L 1'0()0?000
A X UMBRELLA FORM CUP2524882 10/01/1998
10/01/1999 AGGREOATE 1 1,000,000
OTHER THAN UMBRELLA FORM '
oL
WORKERS COMPENSATION ANU
1 X L S ' C g +3i
L
THEPROPRIETOB TSF0001082310 10
01 1998 10 OS 1909 aEACH ACCIDENT L 1,000,000
// //MW
INCL
PARTNRRLFX CRU
ELONEAM POLICYLINT L 1.000,000
OFFICERS ARE SXCL
ELDISEAS8 EADAPLOVU E 1,000,000
DTNER
NE AVENUE BILINMEN- �tTLA�IE
ZrRLfTrHOLDER
C IS SHOWN
AS ADDITIONAL INSURED
MOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED, NONRENEWED OR REDUCTION IN COVERAGE THE
ERTIFICATE HOLDER SHALL RECEIVE A 30 DAY NOTICE
CE41T(,FICATff N04DERt
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIOB BE CANCELLED BEFORE THE
EIIPIR,LTION MTE TXBREOf THE IMUMO COMPANY WILL INGDOWN FAIL
"WRITTEN NOTICE TOTHB CEATIFICATMMOLMA NAMEOTOTTIE LEFT
CITY OF DENTON
KIM III X161000010XXXLXIII1100I(
901E TEXAS ST
bwAX %Xd )M)tidBAlf 9VWM N YAfAX 84XKXXXXXXX
TXYY 76201 /
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