1999-333 ORDINANCE NO 7~-~..~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR TIlE RELOCATION OF WATER AND SEWER LINES, PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDiNG AN EFFECTIVE DATE (BID
2402 - ARCHER TRAIL UTILITY RELOCATION AWARDED TO JAGOE PUBLIC COMPANY
IN THE AMOUNT OF $331,707 40)
WHEREAS, the Caty has sohclted, received and tabulated competlnve bids for the
construction of pubhc works or unprovements an accordance w~th the procedures of STATE law and
C~ty ordinances, and
WHEREAS, the Caty Manager or a demgnated employee has received and recommended that
the herean described Nds are the lowest responsible bads for the construction of the pubhc works or
amprovements described m the bad lnvatataon, bid proposals and plans and specaficatmns therean,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the followang competatlve bids for the constructmn of pubhc works or
amprovements, as described m the "B~d Invatataons", "Bad Proposals" or plans and spemficatlons on
file an the Office of the Caty's Purchasing Agent filed accordang to the bid number asmgned hereto,
are hereby accepted and approved as being the lowest responsible bads
BID
NUMBER CONTRACTOR AMOUNT
2402 JAGOE PUBLIC COMPANY $331,707 40
SECTION II That the acceptance and approval of the above competanve bads shall not
constatute a contract between the C~ty and the person submattang the bad for construction of such
pubhc works or ~mprovements heroin accepted and approved, tmtfl such person shall comply wath
all reqmrements specffied an the Not,ce to B~dders ~ncludlng the t~mely execunon of a written
contract and fum~shmg of performance and payment bonds, and insurance certificate after
notfficanon of the award of the bad
SECTION III That the City Manager is hereby authorized to execute all necessary written
conlxacts for the performance of the construction of the pubhc works or amprovements ~n accordance
w~th the bids accepted and approved herean, provided that such contracts are made m accordance
w~th the Nottce to B~dders and Bad Proposals, and documents relating thereto specafyang the terms,
conditions, plans and specaficat~ons, standards, quant~nes and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
executton of contracts for the pubhc works and tmpmvements as authorized here~n, the C~ty Counctl
hereby authorizes the expenditure of funds tn the manner and ~n the amount as spemfied tn such
approved b~ds and authorized conu'acts executed pursuant thereto
SECTION V That thts orchnance shall become effective ~mmedlately upon ~ts passage and
approval
PASSED AND APPROVED th~s the ~n' -- day of
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2402 - CONTRACTUAL ORDINANCE
ATTACHMENT 1
TABULATION SHEET
B~d # 2402 DATE 8-19-99
ARCHER TRAIL UTILITY RELOCATION
No, ' ~'~ ~F ,!~P,~jO~ VENDOR VENDOR VENDOR VENDOR
~, ?i: INC CONST SERVICES PUBLIC
...... WATER MAIN AND SERVlCE $91,35500 $192,94500 $149,85500 $85,81000
1 LINES I
SANITARY SEWER I $260,262 80 $381,814 00 $210,261 50 $245,897 40
2 REHABILITATION
TOTAL BID OF AWARD 15351,61780 $574,75900 $360,11650 $331,70740
ADDENDUM #1 | YES YES YES YES
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of SEPTEMBER A D, 1999,
by and between CITY OF DENTON
of the County of DENTON and State of Texas, acting through
MICHAEL W SEZ thereunto duly authorized so to do, heretnafter 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 m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID # 2402 - ARCHER TRAIL UTILITY RELOCATION
m the amount of $331,707 40 and all extra work ~n connectmn therewith, under the terms as
stated m the General Condltmns of the agreement, and at his (or their) own proper cost and
expense to furmsh all matermls, 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 ~n the Proposal attached hereto, and
~n accordance with all the General Conditions of the Agreement, the Spectal Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and m
CA - 1
accordance with the plans, which includes all maps, plats, bluepnnts, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of wfueh are made a part hereof and collectively ewdence and constxntte the enttre 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 raceme tax, w~thholdlng, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other Cxty
employee benet'lt City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the serwces
hereunder according to the attached speclftcat~ons at the general direction of the C~ty Manager
of the City of Denton, Texas, or his designee under this agreement
Indemmficatlon
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or habihty of any kind whatsoever, by reason of injury
to property or thtrd persons occasioned by any error, omission or neghgent act of Contractor,
its officers, agents, employees, mvitees, and other persons for whom xt is legally hable, w~th
regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the C~ty of Denton against any and all such clanns and demands
Choice of Law and Venue
Thxs agreement shall be governed by the law of the State of Texas and venue for ~ts
construction and enforcement shall lie 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 wrxtten 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 m the Proposal, which forms a part of th~s contract, such payments to be subject to the
General and Specxal Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the partxes of these presents have executed this agreement
m the year and day first above written
CITY OF DENTON
(SEAL)
ATTEST
~'~t~ ~ CONTRACTOR
JAGOE PUBLIC COMPANY
BOX 250
DENTON, TEXAS 76202
MAILING ADDRESS
PHONE N~MBER
APPROVED A~~ PRINTED NAME
CA - 3
Bond No 111 3346 3239
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY
whose address Is BOX 250, DENTON, TX 76202, hereinafter called Principal, and ASSOCIATED
INDEMNITY C0t~PORATION a corporation organized and existing under the laws of the
State of TEXAS , a~d fully authorized to transact bus~ness in the State of Texas,
as Surety, are held and firmly bound unto the C,ty of Denton, a municipal corporation
organized and exmt,ng under thc laws of the State of Texas, hereinafter called Owner, m thc
penal sum of THREE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED
SEVEN AND 40/100 DOLLARS ($331,707 40) plus ten percent of the stated penal sum as a~
additional sum of money representing additional court expenses, attorneys' fees, and liquidated
damages arlsmg out of or connected with the below identified Contract, in lawful money of the
United States, to be paid m 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
Pnnclpal entered into a certain Contract, identified by Ordinance Number 99-333, with the
City of Denton, the Owner, dated the 21 day of SEPTEMBER A D 1999, a copy of
which m hereto attached and made a part hereof, for BID # 2402 - ARCHER TRAIL
UTILITY RELOCATION
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, condlUons
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, ~f 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 makmg good any default or deficiency, then this obhgatlon shall be yoM, otherwise, it
shall remam m full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall he m 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 addltton to the terms ol
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, ere, accompanying the same, shall in anywise affect its obhgaUon 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,
SpeclficaUons, 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 m Denton County to whom any requisite noUces may be delivered and on
whom service of process may be had m 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 mstrument is executed in 4 copies, each one of which
shall be deemed an original, this the 21 day of SEPTEMBER , 1999
ATTEST PRINCIPAL
JAGOE PUBLIC COMPANY
¢ Ic~' PRE'SIDE T
ATTEST SURETY
ASSOCIATED INDEMNITY CORPORATION
ATTORNEY-IN-ltACT Rosemary Weaver
The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and service
of the process is
NAME Rosemary Weaver - W~llis Corroon Corporation of Texas
STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6643
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve 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 is BOX 250, DENTON, TX 76202, hereinafter called Principal, and
bSSOCIATED INDEMNITY CORPORATION a corporation organized and
existing under the laws of the State of TEXAS , and fully authorized to transact
business lp. the State of Texas, as Surety, are held and firmly bound unto the City of Demon, a
municipal corporation orgamzed 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 unprovements hereinafter referred to, ~n the penal sum of
THREE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED SEVEN AND
40/100 --~- DOLLARS ($ 331,707 40) in lawful money of the United States, to be paid m
Denton, ~'~unty, 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 presems This Bond shall automatically be increased by the amoum
of any Change Order or Supplemental Agreemem which increases the Comract price, but in no
event shall a Change Order or Supplemental Agreemem which reduces the Comract 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 99-333, with the
City of Denton, the Owner, dated the 21 day of SEPTEMBER A D 1999 , a copy of
which is, hereto attached and made a part hereof, for BID 2402 - ARCHER TRAIL
UTILITY RELOCATION
NOW, THEREFORE, if the Prmclpal shall well, truly and faithfully perform as 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 m said Contract
and any and all duly authorized modifications of sad Comract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then th~s obligation
shall be void, otherwise it shall remain m 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 wmve 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,
Spemficataons, Drawings, etc
PB - 3
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 he had m 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 ~n 4 copies, each one of which
shall be deemed an original, this the 21 day of SEPTEMBER , 1999
ATTEST PRINCIPAL
ATTEST SURETY
ATTORNEY-IN-FACT Rosemary ~eaver
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
NAME Rosemary Weaver - Willis Corroon Corporatxon of Texas
STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6643
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporation, give a person's name )
PB - 4
FIREMAN'S FUND INSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORATION
NATIONAL SURETY 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 Cabforma corporaoon NATIONAL SURETY CORPORATION
an Imots corpora on THE AMERICAN INSURA NY a New Jersey corporauon redomcs cared n Nebraska ASSOCIATED INDEMNITY
CORPORATION a California ¢oq)oralion, and AMERNICcEANCOAMU~PAOMOBILE INSURANCE COMPANY a Missouri corporat,on (hereto collect,rely called the
Compames )doeseachhembyappoim ROSEMARY WEAVER AND JOHN R. STOCKTON OF DALLAS TX
he r r e and lawfu Attorney s) n Fact with full power of authorlly hereby conferred tn their name place and stead lo execute ~eal acknowledge and dehver any and all
eb asfull a d olhe~am~.exe aL t'~uchbondswes~e~gnedbyd~ePrestdent sealedw~ththecorporatesealsofth~Compm~esandduly
and o brad the Compames ther y Y ~ '~ ...... '-~ he s ud A tornev(s) m Fact ma~ do m the p~mtses
Th~s po~er of a omey ~ granted under and by the authority of Amcle VII of the By aw~ of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY
CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORAT ON and AMERICAN AUTOMOBILE INSURANCE
COMPANY which prow~ons are now m full force and effect
owm Resoluoon adopled by the Board of D rectors of FIREMAN S FUND INSURANCE
ne ts s ned and sealed under the authority of the fo g PORATION and AMER CAN
CO~ANY NATIONAL SURETY C~Rr~ .................. NS
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held or by written consent on the 19th day of March 1995 and said Re~olutlon has not been
vahd and binding u~n the Compames
th~ ~ .-- day of -'-D-~ember
FIREMAN S FUND INSURANCE COMPANY
STATE OF CALIFORNIA } ss
COUNTY OF MARIN
~ _ ~ n ~ o --. e rsonall- came M A Mallonee to me known who being by me
On ~,s 17 .. day of DecemDe :_ . scn~d n and which executed the a~ve ms~ument that he k
au y sworn dld de.se ~d say ~at he isa ~ce Pros dcm of eacL~nY d~hat they were so ~xed by order of the Board of Directors of said compames and ~at he
Compames that the ~als a~x~ to ~e satd instrument a~ such co..r-.. _eals _
signed hm name ~ereto by hke order
IN WI~ESS WHEREOR I havo he.unto set my hand and a~xed my o~cml seal ~e day and ye~ hereto first above wntten~
~ Nota~ Public - Cal{f~la ~
TATE OF CALIFO~IA } ss
COUNTY OF MARIN
RT FY that ~e foregoing and attached POWER OF A~ORNEY remains m full force
S,~n"~aln~s~leedatlheCoumyofM~n Dated,he ~'~ _day of
360789 11 98
II]~IRT~ NOTICE
TO OBTAZN ZNFORIMTZON OR HAKE A COHPLA/NT:
YOU HAY CONTACT THE TEXAS DEPARTHENr OF
INSURANCE TO OBTAZN ZNFORHAT/ON ON COI~AHZES,
COVERAGES, R/GHTS OR COI4)LAZNTS AT:
1-800-252-3439
yOU HAY MRZTE THE TEXAS DEPARTHENT OF INSURANCE:
P. 0. Box 149104
AUSTZN, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OR (:LAIN DISPUTES:
SHOULD YOU HAVE A DTSPUTE CONCERNTNG YOUR
PRE~4TUI4 OR ABOUT A CLA*rH YOU SHOULD CONTACT THE
AGENT OR CIX~AHY FZRST. TF THE D'rsPLII['' TS NOT
RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTHENT
OF INSURANCE.
A'I'I'ACII THIS ll0TICE TO YOUR POLICY:
TH'rS NOTZCE ZS FOR TNFORHATZON ONLY AJ~) DOES NOT
BECOflE A PART OR CONOTTZON OF THE ATTACHED
DOCLIHENT o
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts dtrccted to thc tnsurance requtrements below It ts htghly recommended
that btdders confer wtth thetr respective msurance carriers or brokers to determme tn
advance of Btd submtsston the avadabdtty of msurance certtficates and endorsements as
prescribed and provtdcd heretn If an apparent low btdder fads to comply strictly with the
tnsurance rcqmrcments, that bidder may be dtsqualtfied from award of the contract Upon
bid award, all tnsurancc reqmremcnts shall become contractual obhgattons whtch the
successful btdder shall have a duty to matntatn throughout the course of this contract
STANDARD PROVISIONS
Wtthout hmtttng any of the other obltgattons or habthttes of the Contractor, the Contractor
shall provide and matntatn unttl the contracted worl~ has been completed and accepted by the
Ctty of Denton, Owner, the mtntmum tnsurance coverage as mdtcated heretnafier
As soon as practtcable after nottficatton of btd award, Contractor shall file with the
Purchastng Department sattsfactory certtficates of tnsurance, contatmng the btd number and
tttle of the project Contractor may, upon wrttten request to the Purchastng Department, ask
for clanficatton of any tnsurance requtrements at any trine, however, Contractors are strongly
advtsed to make such requests prior to bid opemng, stnce the tnsurance requtrements may not
be modified 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 until he or she
recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of
Denton
All tnsurance poltctes proposed or obtatned tn sattsfactton of these reqmrements shall comply
wtth the followmg general spectficattons, and shall be matntatned tn compltance 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 business 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 ~n the b~d proposal If
requested by the C~ty, the msurer shall reduce or ehmtnate such deducnbles or
selfqnsured retentions w~th respect to the Ctty, ~ts
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses 'and related mvesttgatlons, clmm adm~mstrat~on and
defense expenses
· Lmbfi~ty pohc~es shall be endorsed to prowde the following
· · Name as additional insured the C~ty of Denton, its Officmls, 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 apphes 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 lumt 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 WRITTEN NOTICE IS REQUIRED"
· Should any of the reqmred insurance be provided under a claims-made form,
Contractor shall maintain 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 give rise
to clmms made after expiration of the contract shall be covered
· Should any of the required insurance be provided under a form of coverage that
mcludes a general annual aggregate limit providing for claims mvemgatlon or legal
defense costs to be included m the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Llabdlty Insurance
· Should any required insurance lapse during the comract 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 msurance pohctes proposed or obtained tn satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained tn comphance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
[X] A General Liability Insurance'
General Liability insurance with combined single limits of not less than
$1,000,000 shall be provided and maintained by the Contractor The policy shall
be written on an occurrence basis either in a single pohcy or tn a combination of
underlying and umbrella or excess pohcles
If the Commercial General Ltablhty form (ISO Form CG 0001 current edition) ts
used
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual habtllty covenng this
contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ~s not reqmred
If the Comprehensive General Ltabthty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, tt shall include at least
· Bodily injury and Property Damage Llablhty for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual hablhty (preferably by endorsement) covering this
contract, personal injury habdlty and broad form property damage
liability
Ix] Automobile L,abfl~ty Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Smgle Limits (CSL) of not less than $1,000,000 either m a single pohcy or m a
combination of basic and umbrella or excess policies The pohcy will mclude bodily
injury and property damage liability arising out of the operauon, maintenance and use
of all automobiles and mobile eqmpment used tn conjuncuon with this contract
Satisfaction of the above requirement shall be tn the form of a pohcy endorsement for
· any auto, or
· all owned, hired and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to
meettng the mtmmum statutory reqmrements for ~ssuance of such insurance, has Employer's
Ltabthty hmtts of at least $100,000 for each acctdent, $100,000 per each employee, and a
$500,000 pohcy hmtt for occupational thsease The C~ty need not be named as an 'Additional
Insured" but the tnsurer shall agree to waive all rights of subrogation agatnst the Ctty, ~ts
offictals, agents, employees and volunteers for any work performed for the C~ty by the Named
Insured For building or construction projects, the Contractor shall comply w~th the prows~ons
of Attachment 1 tn accordance w~th §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 L~abd~ty Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecutton of the
work under th:s contract, an Owner's and Contractor's Protecttve Llabthty tnsurance pohcy
naming the City as ~nsured for property damage and bodtly ~njury whtch may artse m the
prosecutton of the work or Contractor's operattons under thts contract Coverage shall be on an
"occurrence" basts, and the pohcy shall be tssued by the same msurance company that carries
the Contractor's l~abthty msurance Policy hm~ts w~ll be at least __combined bodily injury
and property damage per occurrence with a aggregate
F~re Damage Legal Liabdity Insurance
Coverage ts reqmred d Broad form General Llabthty ~s not provtded or ts unavadable to the
contractor or if a contractor leases or rents a portmn of a City braiding L~mUs of not tess than
each occurrence are required
Professmnal Lmbd~ty Insurance
Professional l~abdlty insurance with limits not less than per clmm with respect to
negligent acts, errors or omissions m connectton wtth professtonal servtces ts requtred under
this Agreement
Budders' Risk Insurance
Builders' Risk Insurance, on an All-R~sk form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" the Ctty of Denton and all
subcontractors as their mterests may appear
Additional Insurance
Other insurance may be required on an mdtvtdual basts for extra hazardous contracts and
specific service agreements If such addtttonal msurance ts required for a spectfic contract, that
requirement will be described m the "Specific Condmons" of the contract specifications
ATTACHMENT
[X] Worker's Compensatmn Coverage for Budding or Construction ProJects for
Governmental Entities
A Definitions
Certificate of coverage Ccertfflcate")-A copy of a certfficatc of insurance, a
certificate of authority to selfqnsure ~ssued by the commtssion, 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 tune 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 emtty
Persons providing services on the project ("subcontractor" tn §406 096) - includes
all persons or ent~ties performing all or part of the sermces 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
This includes, without limitation, independent contractors, subcontractors, leasing
compames, motor earners, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to provtde services on the project
"Services" include, without limitation, providing, hauhng, or dehvermg
equipment or materials, or providing labor, transportation, or other servtce related
to a project "Services" does not include acttvtttes unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and dehvery of portable toilets
B The contractor shall promde coverage, based on proper reporttng of classfflcatton
codes and payroll amounts and fflmg of any overage agreements, which meets the
statutory reqmrements of Texas Labor Code, Sectton 401 011(44) for all
employees of the Contractor providing servtces 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 dunng the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage wtth the governmental enttty
showmg that coverage has been extended
E The contractor shall obtain from each person prowdmg 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 cemficates of coverage showing
coverage for all persons providing serwces on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, ff the coverage period shown on the
current certificate of coverage ends during the duration of the project
F The contractor shall retam 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 mall or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the prows~on of coverage of any person
providing serwces on the project
H The contractor shall post on each project s~te a nonce, ~n the text, form and manner
prescribed by the Texas Workers' Compensanon Commission, ~nformmg all
persons providing serwces on the project that they are reqmred to be covered, and
stating how a person may verify coverage and report lack of coverage
I The contractor shall contractually reqmre each person with whom ~t contracts to
provide serwces on a project, to
(1) provide coverage, based on proper reporting of classfficatlon codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all of
~ts employees providing serwces 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 durauon 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) obttun from each other person with whom it contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person beglnmng work on
the project, and
(b) a new certlftcate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage per~od 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 m writing by certdled mall or personal
dehvery, within 10 days after the person knew or should have known, of any
change that matermlly affects the prowslon 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 prowde 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, w~th the commission's Division
of Self-Insurance Regulation Providing false or misleading ~nformatlon may
subject the contractor to administrative penalUes, criminal penalties, civil penalties,
or other civil acUons
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental enmy 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
ARCHER TRAIL UTILITY PROJECT Work Days 45
WATER LINE Bid No o~q(~D.
, BID TABULATION SHEET P O No
Item Description Quantity Unit Price Total
21 Contractors Warranties and Understandings
Umt Price In Words ' ~.~,
6" Water Line 955 $ 32 o~/LF
Unit Price In Words
2 16-A Water Serrate (Public) 19 $ ~'ffg7 $
Umt Price In Words
16-B Water Service (Private) 2720 $ /O, OO/LF
Umt Price In Words
13 6" Valves 2 $ oc'Zg),tgOEA
Umt Price In Words
14 F~re Hydrant Assembly 1 $ .4~,/t9~--/EA ~,/g~tg~
Unit Price In Words
I - $ [,00~-- LS /, ~00~
Umt Price In Words
9 Sod 65 6,00/SY
Umt Price In Words
12 Temporary Erosmn Control $ ..6'-dTd9 ~0 LS
Unit Price In Words
1 Bamcades, Warning Signs, and Detours $ //~,t~LS $ 6 75D -'
Unit Price In Words
Roek Excavatmn 50 $ / Dd CY $ .qO -
Unit Pnce In Words
P-37 Excavation Protection 100 $ a7 tgi) LF $ 2g.,~E) -
Umt Pnce In Words
7/21/99 P 3
ARCHER TRAIL UTILITY PROJECT Work Days 45
WATER LINE B~d No,
' BID TABULATION SHEET P O No
Item Deserlption Quantity Unit Price Total
SP-39 ProJect Stgn~ t $ ~._6"t9,~)~ EA
Unit Price In Words ~/_~'//AP-~ A'?~,~.z:~/--~ff~f~
SP-43 Asp[alt Saw Cut 1670 [ LF 15 /oD LF
Unit Price In Words ~a~ .~5~/J_~4~, ¥ gJo
,P-45 Ivhscellaneous Spnnlder System AdJustment L S $ /~ ,_~'dP/~01~LS ] $ /~ .b-tO0 -
Umt Pnce In Words
Umt Price In Words
$
Umt Ih'tee In Words
$
Unit Price In Words
$ /LF $
Unit lhnce In Words
/LF $
Unit Price In Words
$ $
$ $
TOTAL
7/21/99 P 4
ARCHER TRAIL UTILITY PROJECT Work Days 45
SEWER LINE Bid No
BID TABULATION SHEET P O No
12-C 8" Samtary Sewer 962 ,52_6 '-'
Umt Price In Words ~,.
2 12 -D S" ,SDR-26 Samtary Sewer ;5 L F $
Umt Price In Words 7~ ~e~g./,~ ~,
3-B Romove Walks &Dnve 80 S Y $ / Z
Umt Pnce In Words -fO.),o_.fO~ .~4,e'r. ¥/..90 ~.
~ 1 PreparationofPaghtofWay - LS $
10 7 Hydromulch 790 S Y $
312 T~mporary Erosion Control LS [$
7 6-B Rebuild Emstmg Manhole 3 E,~ $ /q/.~.~9 ~ $ ~ ~/-~-~--
7 6-~-1 ~stall Concrete M~olo (4' I D )
Umt Price ~ Wo~s
P5
ARCHER TRAIL UTILITY PROJECT Work Days
SEWER LINE B~d No,
BID TABULATION SHEET P O No
76-A-2 14' Drop Manhole 2
Umt Pnce In Words
76-A-3 Install Concrete Manhole (4' I D 4'-6' Depth) 1 lEA I$ /,7..~0
Unit Pnce In Words
'6-A-4 InstallCoacreteManholc(4'lD 6'-8'D~th) 1 EA
12-A [Install Concrete Curb & Gutter 18
Unit Price In Words
83-A Ilnstall Concrete Driveway 80 S Y
Umt Price In Words
Umt Price In Words
Umt Price In Words
SP-8 [ Abandon ,XlSUn§ Manhole
Unit Price In Words
Unit Price In Words ~z/~::/)~//~' ~',~'
~P-37 Excavation Protection 1000 L F $ /
Umt Price In Words ~,
unit P.e. m
Umt Price In Words
P6
ARCHER TRAIL UTILITY PROJECT Work Days 45
SEWER LINE Bid No
' BID TABULATION SHEET P O No
Item Description Quantity Unit Price Total
SP-43 Asphalt Saw Cut 200 $ /,
Umt Pnce In Words
SP-45 Miscellaneous Spnnlder $ /~ 5'~/0, O~ /~-~
Unit Pnce In Words
SP-46-A 8" Tranchless Sewer and Reconnect Services 545 $
SP-46-B 6" Trenchless Sewer 850
Umt Pncc In Words k-/~,~/__~
and Replace Wood Fence $
Umt Pnce In Words
Clean Existing 12" Samtary Sewer 208 $ ,,?~,~ ~,/6~O -
Unite Pnce In Words
Unit Price In Words
Unit Pnce In Words
TOTAL
P7
BID SUMMARY
In the event of the award of a contract to the unde~signnd, the endemgned wall fiarmsh a
per~ormanco bond and a payment bond for the full amount of the contract, to s~cu~ proper
compliance with the terms and provmons of the contract, to mane and guazanten the work unul
final completton and acceptance, end to guaranten payment for all lawful claims for labor
performed and ~ furnisbed in the fldfillment of the contract.
It is understood that the work proposed to be done shall bo accepted, when fully completed and
fimshed m accordance wtth tho plans and speaficauons, to the sausfacuon of the Engmecr.
The undersigned cerufies that the bid prices contained m flus proposal have been carefully
chccl~d and am subrmtted as correct and final.
Umt and lump-sum prices as showu for ~eh ttem hsted tn this proposal, shall control over
extensions.
BY "/~ ~"/f"'"~'"'(~ '(~ JAGOE PUBLIC COMPANY
BOX 250
DENTON TEXAS 76202
Street Address
CJty and State
Seal & Authori~*i~
(If a Corporation) ,,
Telephone
B-I
BID SUMMARY
PRO~ECT WORK DAYS BID
Water Main and Service Lines 45 $ ~.~ ~/0,&9
Samtary Sewer Rehabilitation 45 $~
TOTAL 90 $~
Both water and sanitary sewer portion of this project will be awarded to one contractor. Award
of bid will be based on the total Water and sanitary sewer are being separated for bookkeeping
purposes
AL, U/ U. I Ihl AI E Uh LIAI ILI I Y IN 3UI,(ANIJI: lO/25/99
~ROO 'CER (S40) 382-9691 FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
amey & King InsMraflce HOLDER THIS CERTIFICATE DOES NOT AMENO, EXTENDOR
330 South [- 35 E, Sul te A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
)enton, TX 76205-7829 COMPANIES AFFORDING COVERAGE
COMPANY Bi tum~ nous
Ittn Ext A
NSURED COMPANY Texas Work Comp Ins Fund
]agoe Public Company, Inc B
B1]] Cheek
COMPANY
P O Box 250 c
p~ ~r~. TX 7GZ(32
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POt. ICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAy BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS ANF) CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
A cc~ ~ '~-~ X oCCUR ctP2302758 10/01/1999 10/01/2000 PEREONALSADVINJURY 1,000,000
FIRE DAMAGE (Any one fire) 100 ~ 000
MEO EKP (Any one ~e~on) 5 ~ 000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
X ~.~-- 1,000,000
A sc-_=_TM L? ~ ~os CAP2542947 10/01/1999 10/01/2000 (Ferperson)
EXCESS LIABILITY EACH OCCURRENCE $ i s O00 ~ 000
A UMBR-~ L,:'=~, CUP2524882 10/01/1999 10/01/2000 AOGREGAT~ $
OTHER T~a i UMBRELLA FORM $ 1 ? 000 ~ 000
EMFLOYE~B LIABILITY 1,000,000'
TSF0001082310 10/01/1999 10/01/2000 EL EACH ACCIDENT $
8 THE PRCeR ET_mR [IICL EL DISEASE POLICY LIMIT S 1,000,00o
OFFICERS~E EXSL ELDISEASE EAEMPLOYEE $ 1,000,000
City of Denton, its officials, agents, employees and volunteers are shown as additional
insured
:ERTIFICATEHOLDER OAN~ELL~TI~N
Said policy shall not be cancelled, renewed,or
Bud Foreman materially changed without 30 days advance
Foreman Williamsburg Square, LTD I writ~t~a, notice bein~iven to the Owner, except
I wJ~ th% policy is DF[ng cancelled for non-
1612 Arbor Creek Trail J/~ayment~of premipm,/in which case 10 days
Mansfield, TX 76063 ~ a~vance/writ_[en/~fice is required .