1999-247 O INANCENO qq' ¥ 7
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF WATER DISTRIBUTION LINES, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
(BID 2385 - BRIDGES/CARPENTER WATERLINES AWARDED TO JAGOE PUBLIC
COMPANY IN THE AMOUNT OF $145,215)
WHEREAS, the City has solicited, received and tabulated competatlve bids for the
construction ofpubhc works or improvements m 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 an the bid lnwtatlon, bid proposals and plans and speclficataons therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction ofpubhc works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file m 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 CONTRACTOR AMOUNT
2385 JAGOE PUBLIC COMPANY $145,215
~ That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City end the person submitting the bid for construction of such
pubhc 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 furmshlng of performance and payment bonds, and insurance certificate after
notfficatlon 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 m 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 retatlng thereto specifying the terms,
conditions, plans and specfficataons, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above competmve b~ds and the
execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council
hereby authorizes the expenditure of funds ~n the manner and ~n the amount as spemfied m such
approved b~ds and authorized contracts executed pursuant thereto
SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED th~s the ,~ ~' day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2385 - CONTRACTUAL ORDINANCE
ATTACHMENT 1
TABULATION SHEET
B~d # 2385 Date 7/20/99
BRIDGES/CARPENTER WATERLINES
~,o,I. Qt¥ I DESCRIPTION VENDOR VENDOR VENDOR
I I i' ' ,,, ,~ ,' JAGOE PUBLIC OSCAR RENDA
, ,,, t'I COMPANY CONTRACTING PIPE CON, INC
...... I ' !r ! i Ii~,T .... I ..... Iii
CARPENTER WATERLINE $54,425 00 $61,534 00 $70,094 00
1
BRIDGES WATERLINE $90,790 00 $106,152 00 $104,669 50
2
BRIDGES WATERLINE
$6,750 00 $4,500 00 $2,250 00
3= (ALTERNATE ONE)
TOTAL BID AWARD NOT $145,215 00 $167,686 00 $174,763 50
INCLUDING (ALTERNATE ONE)
TOTAL BID WITH AWARD $151,965 00 $172,186 00 $177,013 50
INCLUDING (ALTERNATE ONE)
BID BOND YES YES YES
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this AUGUST day of 3
A D, 19 99, by and between CITY OF DENTON
of the County of DENTON and State of Texas, acting through MICHAEL W JEZ
thereunto duly authorized so to do, hereinafter termed "OWNER," and
JAGOE PUBLIC COMPANY
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 2385 - BRIDGES/CARPENTER WATERLINES
m the amount of $145,215 and all extra work m 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, m~ accordance with the condltaons and prices stated in the Proposal attached hereto, and
m 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 ~ncludes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Spemflcat~ons 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 ~s mutually understood and agreed by and between C~ty and Contractor that
Contractor ~s an independent contractor and shall not be deemed to be or considered an
employee of the C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, social
security taxes, vacation or s~ck leave benefits, worker's compensatmn, or any other C~ty
employee benefit C~ty shall not have superws~on and control of Contractor or any employee
of Contractor, and tt is expressly understood that Contractor shall perform the services
hereunder accordmg to the attached specfficauons at the general dlrecnon of the City Manager
of the C~ty of Denton, Texas, or h~s designee under th~s agreement
Indenmification
Contractor shall and does hereby agree to mdenm~fy and hold harmless the Cxty of
Denton from any and all damages, loss, or habfi~ty of any k~nd whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
its officers, agents, employees, lnwtees, and other persons for whom it ~s legally hable, w~th
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the C~ty of Denton against any and all such clmms and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for as
construction and enforcement shall he m 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 m written not~ce to commence work and complete all work
w~thm the time stated m the Proposal, subject to such extensions of t~me as are provided by the
General and Special Condit~ons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, whmh 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
m the year and day first above written
ATTEST ~
(SEAL)
ATTEST
JAGOE PUBLIC COMPANY
DENTON, TEXAS 76203
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
APPROVED AS TO FORM PRINTED NAME
CITY ATTOR! EY
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY
whose address is PO BOX 250, DENTON, TX 76202
hereinafter called Prmclpal, and ASSOCIATED INDEMNITY CORPORATION
a corporation orgamzed and exmtmg 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 mumclpal corporation organized and existing under the laws
of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED
FORTY FIVE THOUSAND TWO HUNDRED FIFTY and no/100 DOLLARS ($ 145,215)
plus ten percent of the stated penal sum as an additional sum of money representing addmonal
court expenses, attorneys' fees, and hquidated 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 mcreased 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 ~s conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 99-247 , with the
City of Denton, the Owner, dated the 3 day of AUGUST A D 1999, a copy
of which is hereto attached and made a part hereof, for BID 2385-BRIDGES/CARPENTER
WATERLINES
NOW, THEREFORE, if the Prmcipal shall well, truly and fmthfully 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 arid 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 smd 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 m full force and effect
PB - 1
PROVIDED FURTHER, that If any legal act,on be filed upon this Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
stipulates and agrees that no change, extens,on of t,me, alteration or add,uon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficat,ons,
Drawings, etc, accompany,ng the same, shall m anywme affect ,ts obi,gat,on on th,s Bond,
and it does hereby wmve nonce of any such change, extens,on of t~me, alteration or add,non to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
Thru Bond m gxven pursuant to the prov,s~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and des,gnated agent ~s hereby des,gnated by the Surety herein as the
Res,dent Agent m Denton County to whom any reqms~te not:ces may be dehvered and on
whom serwce of process may be had m matters ans,ng out of such suretyship, as prov,ded by
Art,cie 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, thru mstnunent ,s executed ,n 4 cop:es, each one of
wh,ch shall be deemed an original, this the 3 day of AUGUST 1999
ATTEST PRINCIPAL
JAGOE-PUBLIC COMPANY
ATTEST SURETY
BY ~t/~...~ ~)~- BY ~_~~ASSOCIATED INDEMNITY CORPORATION
ATTORNEY-IN-FACT Rosemary Weaver
The Resident Agent of the Surety m Denton County, Texas for delivery of not,ce and service
of the process ~s
NAME Willis Corroon Corporatxon of Texas - Rosemary Weaver
STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612
(NOTE Date of Performance Bond must be date of Contract If Resident Agent cs not a
corporation, g~ve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY ,
whose address ~s PO BOX 250, DENTON, TX 76202
hereinafter called Pnnmpal, and ASSOCIATED INDEMNITY CORPORATION ,
a corporation organized and ex~st~ng under the laws of the State of TEXAS , and
fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound
unto the C~ty of Denton, a mummpal corporatton orgamzed and ex,sung under the laws of the
State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who
may furnmh materials for, or perform labor upon, the braiding or ~mprovements heremafter
referred to, m the penal stun of ONE HUNDRED FORTY FIVE THOUSAND TWO
HUNDRED FIFTEEN and no DOLLARS ($145,215 ) ~n lawful money of the Umted States,
to be prod m Denton, County, Texas, for the payment of which sum well and truly to be made,
we hereby bmd ourselves, our he~rs, executors, admmmtrators, successors, and assigns, jointly
and severally, firmly by these presents Th~s Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement wfuch increases the Contract price,
but m no event shall a Change Order or Supplemental Agreement which reduces the Contract
prme decrease the penal sum of tfus Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, ~dentffied by Ordinance Number 99-247, w;th the
C~ty of Denton, the Owner, dated the 3 day of AUGUST A D 1999 , a copy
of whtch :s hereto attached and made a part hereof, for BID 2385-BRIDGES/CARPENTER
WATERLINES
NOW, THEREFORE, if the Prmmpal shall well, truly and fmthfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporauons and clmmants
supplying labor and/or materml m the prosecutmn of the Work prowded for ~n sa~d Contract
and any and all duly anthonzed mothficat~ons of smd Contract that may hereafter be made,
noUce of which mothftcat~ons to the Surety being hereby expressly wmved, then th~s obhganon
shall be void, otherwme ~t shall remain m full force and effect
PROVIDED FURTHER, that ff any legal action be filed on th~s Bond, exclusive venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
supulates and agrees that no change, extension of t~me, alteraUon or add~Uon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficattons,
Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgat~on on th~s Bond,
and ~t does hereby wmve notme of any such change, extension of t~me, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficatmns, Drawings, etc
PB - 3
This Bond is given pursuant to the prowsions of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety here~n as the
Resident Agent m Denton County to whom any reqms~te nonces may be dehvered and on
whom serwce of process may be had m matters arising out of such suretyship, as provided by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument is executed m 4 cop~es, each one of
whmh shall be deemed an original, thru the 3 day of AUGUST 1999
ATTEST PRINCIPAL
JAGOE-PUBLIC COMPANY
gECRETARY / - - b]t,o~ PRE~I~E~I?- '/ '
ATTEST SURETY
BY ,,
ATTORNEY-IN-FACT Rosemary Weaver
The Resxdent Agent of the Surety m Denton County, Texas for delivery of not~ce and serwce
of the process ~s
NAME Willis Corroon Corporation of Texas - Rosemary Weaver
STREET ADDRESS 13355 Noel Road, Suxte 400, Dallas, Texas 75240-6612
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 4
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 Cahforma corporauon NATIONAL SURETY CORPORATION
an Ilbnms corporation THE AMERICAN INSURANCE COMPANY a New Jersey corporation redomestlcated tn Nebraska ASSOCIATED INDEMNITY
CORPORATION a Cahfomla coq)oration and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri ~.orporatlon (hereto collectively called the
Compame~ ) does each hereby appolnt ROSEMARY WEAVER AND JOHN R. STOCKTON OF DALLAS TX
their true and lawful Attomev(~) in Fact w~th full power of authority hereby co~tferred in Ihe~r name pltce and stead to execute ~ea[ acknowledge and dehxer any and
attested by the CompeTes Secretary hereby raufymg and ~onhrmmg all that the ~ ud Attom~y(~) tn Facl ina~ do m the premises
Tilt, po~e~ ol altorney i~ granted under and by the authority of Amcle VII o~ the By law~ of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY
CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE [NSURANCE
COMPANY which prow~on~ are now ~n full force and el feet
Thru power of attorney ~ signed and sealed under th~ aud~orfly of the followmg Re~olutmn adopted by the Board ol D~rector~ ol FIREMAN S FUND INSURANCE
COMPANY NATIONAL SURETY CON,RATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION md AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meetmg duly called and held or by arltten con~ent on the ]gth day ol March 1995 and ~ald Re~olutton ha~ not hccn
vahd and bmdmg upon th~ CompeTes
this day of December
* ~t~r~ "~ ~?, ." ' FIREMAN S FUND INSURANCE COMPANY
~ O ~ ~ ~ ~ ~ ,,¢ · g -- ~ ~ NATIONAL SURETY CORPORATION
,~' ,~ (:~;) THE AMERICAN INSURANCE COMPANY
=-.%~ ' * : ~ *~ A ~ ~'~ = ASSOCIATED INDEMNITY CORPORATION
~ ~ ~ -?~,~g AMERICAN AUTOMOBILE INSURANCE COMPANY
STATF OF CALIFORNIA
On this ~7 day Of December 1998 before me pemonally came M A Mallonee to me known who bemg by me
~ ~ Not~ Public - Collf~
~~ ~~1 r CERTIFICATE No~ Pu~hc
J
TO OBTAZN 'rNFORIMTJ:0N OR HAKE A COI4)LAZNT:
YOU HAY CONTACT THE TEXAS DEPAmtlENT OF
INSURANCE TO OBTAIN XNPORHA'rXON ON COI4~ANXES,
COVERAGES~ RXGIITS OR C(X4)LAXNTS Al':
1-8OU-:'52-343g
You HAY k'RXTE THE TEXAS DEPAR'rHENT OF: XNSURANCE:
P. 0. Box 14g104
AUSTZN, TX 78714-9104
FAX ~(512) 475-1771
PREHTIB! OR CLATH DTSPUTES:
SHOULD YOU HAVE A DTSPUT~ CONCERNTNG YOUR
PRENXUH OR ABOUT A CLAJ:H YOU SHOULD CONTACT THE
AGENT OR COI~)ANY I/liST. TF THE DXSPtJI,- TS NOT
RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTB~.NT
OF TNSURANCE.
ATrACII THZS NOTTCE TO YOUR POLZCY:
THXS NO~ZCE XS FOR TNFORHATZON ONLY AND DOES NOT
BECOHE A PART OR CONOXTXON OF THE ATrACHED
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ts dtrected to the insurance requtrements below It ts highly recommended
that btdders confer wtth thetr respecttve tnsurance carriers or brokers to determtne tn
advance of Btd submtsston the avadabthty of tnsurance certtficates and endorsements as
prescnbed and provtded heretn If an apparent iow bidder fatls to comply stnctly with the
tnsurance reqmrements, that butder may be dtsquahfied from award of the contract Upon
bid award, all tnsurance reqmrements shall become contractual obltgattons which the
successful btdder shall have a duty to matntatn throughout the course of thts contract
STANDARD PROVISIONS.
Wtthout limtttng any of the other obltgattons or ltabtltttes of the Contractor, the Contractor
shall provtde and matntatn until the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafler
As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the
Purchastng Department satisfactory certificates of tnsurance, contatmng the btd number and
tttle of the project Contractor may, upon wrttten request to the Purchastng Department, ask
for clartficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly
advtsed to make such requests prtor to btd opemng, stnce the tnsurance requtrements may not
be mo&fled or watved after btd opemng unless a wrttten exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any material unttl he or she
recetves nottfzcatton that the contract has been accepted, approved, and signed by the Ctty of
Denton
All tnsurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply
wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be tssued by a company authorized to do bus~ness m the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared m the b~d proposal If
requested by the City, the insurer shall reduce or ehminate such deductibles or
self-insured retentions w~th respect to the City, its
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteemg payment of losses and related mvest~gations, clatm administration and
defense expenses
· L~ablhty pohcles shall be endorsed to prowde the following
** Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
That such ~nsurance ~s prnnary to any other insurance available to the
additional insured with respect to clatms covered under the pohcy and that
this msurance apphes separately to each msured agamst whom clatm ts made
or suit is brought The inclusion of more than one insured shall not operate
to increase the insurer's hmlt of habthty
· All pohcles shall be endorsed to read
"SAID POLICY SI-I,4LL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
· Should any of the reqmred insurance be provided under a clmms-made form,
Contractor shall mamtam such coverage continuously throughout the term of this
contract and, w~thout lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which g~ve rise
to clan-ns made after exp:ratlon of the contract shall be covered
· Should any of the reqmred msurance be prowded under a form of coverage that
includes a general annual aggregate hmtt provtdmg for claims mvest~gatton or legal
defense costs to be included m the general annual aggregate hnnt, the Contractor
shall either double the occurrence lumts or obtain Owners and Contractors
Protective Llablhty Insurance
· Should any reqmred insurance lapse dunng the contract term, requests for
payments originating after such lapse shall not be processed unttl the Cxty receives
satisfactory ewdence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance is not reinstated, C~ty may, at ~ts sole optlon,
terminate this agreement effective on the date of the lapse
SPECIF,IC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally
comply wtth the followmg marked spectficattons, and shall be matntatned tn comphance with
these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
[X ] A General Liability Insurance:
General L~abfilty msurance w~th combined slngle hm~ts of not less than
$1,000,000 shall be prowded and matntmned by the Contractor The pohcy shall
be written on an occurrence bas~s etther m a stngle pohcy or m a combmatlon of
underlying and umbrella or excess pohctes
If the Commercial General Llabthty form (ISO Form CG 0001 current edtt~on) ~s
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) ~s used, ~t 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 habfl~ty (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
habihty
[ x] Automobile L,abfl,ty Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $1,000,000 e~ther in a single policy or m 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
Co~tractor shall purchase and main*am Worker's Compensation insurance which, in addition to
meeUng the mmunum 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 "Addmonal
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 bullthng or constructmn 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 Lmbdaty Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's lmbthty insurance Policy limits will be at least combined bodily injury
and property damage per occurrence with a aggregate
[ ] F~re Domage Legal Liabihty 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
[ ] Professaonal Liabd~ty Insurance
Professional liability insurance with hmlts not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
th~s Agreement
[ ] Budders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided Such pohey shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Adtht~onal Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific servxce agreements If such additional insurance is required for a specific contract,
that requirement will be described m the "Specific Conditions" of the contract specifications
ATTACHMENT 1
Worker's Compensation Coverage for Budding or Construction Projects for
Govermnental Entlt~es
A Definitions
Certificate of coverage Ccertlficate")-A copy of a ceruficate of insurance, a
certfficate 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 thc person's or enuty's employees
providing serwces on a project, for the duration of the project
Duratmn of the project - includes the tune from thc begmmng of thc work on thc
project until the contractor's/person's work on the project has been completed and
accepted by thc governmental entay
Persons prowthng services on the project ("subcontractor" ~n §406 096) - includes
all persons or entrees performing all or part of thc serwces the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly w~th the contractor and regardless of whether that person has employees
Tins ~ncludes, without lmutat~on, independent contractors, subcontractors, leasing
compames, motor careers, owner-operators, employees of any such entity, or
employees of any entity winch furmshes persons to provide services on the project
"Sermces" include, w~thout hmltat~on, providing, hauling, or dehvermg
equipment or materials, or providing labor, transportation, or other serwce related
to a project "Serwces" does not include act~mt~es unrelated to thc project, such as
food/beverage vendors, office supply dehvenes, and delivery of portable toilets
B The contractor shall provide coverage, based on proper repornng of classlficanon
codes and payroll amounts and fihng of any overage agreements, whmh meets the
statutory requirements of Texas Labor Code, Sectmn 401 011(44) for all
employees of the Contractor providing serwccs on the project, for the duration of
the project
C The Contractor must provide a certificate of coverage to the governmental entity
prmr to being awarded the contract
D, If the coverage period shown on the contractor's current cemficate of coverage
ends dnrmg the duration of the project, the contractor must, prior to the end of the
coverage permd, file a new certificate of coverage w~th the governmental entity
showing that coverage has been extended
E The contractor shall obta:n from each person prowdmg services on a project, and
prowde to the governmental enUty
(1) a certificate of coverage, prior to that person begmmng work on the project,
so the governmental entity will have on file cerUficates of coverage showing
coverage for all persons prowdmg serwces on the project, and
(2) no later than seven days after receipt by the contractor, a new certxficate of
coverage showing extension of coverage, ff the coverage per~od shown on the
current certffxcate of coverage ends dunng the duration of the project
F The contractor shall retain all reqmred certificates of coverage for the duration of
the project and for one year thereafter
G The contractor shall noufy the governmental entity m writing by certified mml or
personal dehvery, w~thm 10 days after the contractor knew or should have known,
of any change that matermlly affects the prows~on of coverage of any person
prowdmg serwces on the project
H The contractor shall post on each project s~te a not,ce, m the text, form and manner
prescribed by the Texas Workers' Compensation Commission, ~nform~ng all
persons prowd~ng serwces on the project that they are reqmred to be covered, and
stating how a person may verdy coverage and report lack of coverage
I The contractor shall contractually reqmre each person w~th whom ~t contracts to
prowde serwces on a project, to
(1) prowde coverage, based on proper reporting of classification codes and
payroll amounts and fihng of any coverage agreements, which meets the
statutory reqmrements of Texas Labor Code, Secuon 401 011(44) for all of
~ts employees prowdmg services on the project, for the duration of the
project,
(2) prowde to the contractor, prior to that person begmmng work on the project,
a certificate of coverage showing that coverage ~s being prowded for all
employees of the person providing serwces on the project, for the duration of
the project,
(3) prowde the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, ~f the coverage period
shown on the current cerUficate of coverage ends during the duration of the
project,
(4) obtain from each other person w~th whom ~t contracts, and prowde 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 certfficate 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 matermlly affects the provision of coverage of any person
providing services on the project, and
(7) contractually reqmre 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 prowdIng services
J By slgmng 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
msurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation Prowdlng false or misleading information may
subJeCt the contractor to adrmnistrative 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 ~f the contractor does not remedy the breach within ten days after
receipt of not,ce of breach from the governmental entity
I~nages Waterhne Work Days 20
B~d No
BID TABULATION SHEET P O No
1 21 Contractors Warranaos and Understandings
Ur. Pnce In Words
Umt Price In Words
Unit ~ce ~ Wo~s
216-A [water S~me Vubhc)
16-B [Water Semce ~nvate)
P3
Bndges Waterhne Work Days 20
BId No
BID TABULATION SHEET P O No
Description
698
SP-45 IMlsl~ellan~ousSpnnldorSystemAd. l.stm~ntl _ I,~s Is z,~,~.~,Lsls zoo
Umt Pnce In Words'
$ $
Umt Pnce In Words
$ $
$ $
TOTAL ~i' c~
P4
Carpenter 6" Waterhne Work Days 15
B~d No.
BID TABULATION SHEET P O No
121 IContractors Warrant~¢s and Understandings '
[ UmtlPrlce In Words To-~-7-/a~,/~,,.zo
Umt,?nco M Wools r~
Umt ~ce ~ Wo~ U~
Umt;~ce ~ Wo~ T~,
~-~I~"v~" ~ I ~ I* ~*1, ~.~
Umt ~ ~ Wo~
3-C
[ Umt 'Pnce In W°rds -/-a-~ D ~/Z4~-~ ~/~° ~'~ff ~ [
~ I~r~p~.o.of Rlsht of Way I I '-~ I* .~.~o'~ I* .~,~,~
10 7 514 $
Umt~Pnce In Words
6/18/99 P 5
Carpenter 6" Waterhne Work Days 15
Bid No
BID TABULATION SHEET P O No
57-B 2" Asphalt Pavement (Type D, Patch Matl) 7 [ TON[$ 7. orrols
8 1 ]Bamcades, Warning Signs and l~etoursI
Unit Pnce In Words ~-/o~
3A [ConereteStdewalk I 3 [ SY I$ .~-t>~/SYI$ IX,9or
14 [Miscellaneous Fence
Unit Pnce In Words fbc~ze
SP-IO Rock Excavation 50 $ $
Umt Pnco ~ Wo~
SP-39 ProJect Sl~ 1 $ 4oo ~A
Unit Pnce ~ Wor&
SP-43 Asp~lt Saw Cut 152 $ /~F $ /~2,
Un,t Pnce ~ Wo~s ~/,~ ~ ~ ~
Umt Price ~ Wo~s'
$
Umt Price ~ Words
$ $
Unit Price h Words
$ $
$ $
TOTAL g' ,5'4,
6/14/99 P 6
Bndges Waterhne Work Days 3
Alternate # 1 B~d No
BID TABULATION SHEET P O No
Item Description Quantity Umt Price Total
5 4 12"' Bore 45
Umt Price In Words
Umt Price In Words
Umt Pnce In Words
Umt Price In Words
Umt Price In Words
Umt Price In Words
TOTAL
P7
BID SUMMARY
TOTALBID PRICE IN WORDS ~£/£ ~U~JD/~, ~.'-~F~/0~
!
In the event of the award of a contract to the undersigned, the undersigned will furmsh 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 untll
final completion and acceptance, and to guarantee payment for all lawful clanns for labor
performed and materials furmshed in the fulffilmant 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 Engmeer
The undersigned certifies that the bid prices contained m th~s proposal have been carefully
checked and are submitted as correct and final
Umt and lump sum prices as shown for each item listed m this proposal, shall control over
extensions
CONTI~CTOR
/
JAGOE PUBLIC COMPANy
Street Address BOX 250
DENTO/~ T~.,,~ 7520~
City and State
Seal & Author~zaUon
(If a Corporation)
Tel~hone
B-1
BID SUMMARY
PROJECT WORK DAYS BID
1 Carpenter Waterline 15 $
2 Bndges Waterline 20 $
3 Bi'tdges Waterlme Alternate # 1 3_ $ $~'~ ~,~0
TOTAL $ q f;,Oo
Both wa~erhnes (Items I, and 2, as listed above) wall be awarded to one contractor If the
alternate (Item 3) is accepted, it shall also be awarded to the contractor who is awarded the two
waterlmcs Bid wall be awarded on the total of Items 1 and 2, as listed above Work days for
both lines wall be kept separately m order to reduce the time each street is under consm~ction
B-2
R:ghtFAX NT 8/6/99 ~ 01 PAGE 2/2 RzghtFAX
1]0 [outh I-tiE, $uite A
Denton, ~ 7~20~-7~2~
~A~ B~tum~no~s
A~ Ext' A
, ~A~ T~x~ Work Comp In~
B~ Cheek ,
P 0 Box 250
Denton, TX 7~02
........ ............ , .....
~CATEO, ~T~Ot~ ~ ~IA~ TE~ ~ ~N OF ~ O~T OR O~R ~U~NT WITH
G~iF~TE ~Y ~ ~UED ~ ~Y ~ERT~N THE ~U~E ~F~DED ~ ~E ~IEE ~GRI~ED ~ER~IN · ~U~EGT TO ~L ~E TE~
oE~ ~m 2, ~0 ~ 000
X COMMERCIA~GENE~LL~ ~ PRO~S COMP~ $ 21000)000
FIRE DAMAGE (A~ ~ fl~e) ,~ ~OOt 000
A ~E~zo A~ ~P2542947 10/0L/~98 lO/O1/Lggg
k u~;~ CUP2)24882 10/01/1998 10/Ol/199g AC=~;:A~
B ~e~ ~NCCTSFO001082~/O 10/01/1998 10/01/L999 EC~E ~U~
Bridgee Carpenter Water Lines
City of Denton, its officials, agents, materially changed without 30 days advance
employees and volunteer~ a~e ~hown aa wri ~nottc~ betnR gi~n to the O~er, excep'
wh~ :hd goticy is ~etn~ cancelled for non-
additional in~ureds p~ }~/o~ premium,/~hlch case 10 days
Denton, Texae 76201