1998-373 ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITiVE BIDS AND PROVIDING FOR THE AWARD
OF A PUBLIC WORKS CONTRACT FOR MAYI-IILL ROAD PAVING AND DRAINAGE IN
THE AMOUNT OF $632,149 84, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTWE DATE (BID # 2283 - MAYHILL ROAD
PAVING AND DRAINAGE AWARDED TO JAGOE PUBLIC CONSTRUCTION IN THE
AMOUNT OF $632,149 84)
WHEREAS, the City has sohclted, received and tabulated competitive 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 m the bid mwtatlon, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S]~CTION I That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Inwtat~ons", "Bid Proposals" or plans and specfficatmns 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
2283 JAGOE PUBLIC CONSTRUCTION $632,149 84
S]}CTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submmlng the bid for construction of such
public works or ~mpmvements 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 furmshmg of performance and payment bonds, and insurance certificate after
notification of the award of the b~d
~ That the C~ty Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the construction of the pubhc works or ~mprovements m accordance
w~th the b~ds accepted and approved here~n, promded that such contracts are made ~n accordance
w~th the Not~ce to B~dders and B~d Proposals, and documents relating thereto specifying the terms,
condmons, plans and specfficat~ons, standards, quantities and specffied sums contmned thereto
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and nupmvements as authorized here~n, the C~ty Counml
hereby anthonzes the expenditure of funds ~n the manner and ~n the amount as specffied in such
approved b~ds and anthonzed contracts executed pursuant thereto
SECTION V That flus ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED this the J/~ day of A~/~///~/t/Tt~-f,/~ ,1998
JA~.J~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PROVED AS TO LEOAL
HERBERT L PROUTY, CITY ATTORNEY
2283 MAY'HILL ROAD PAVING &DRAINAGE ORDINANCE
ATTACHMENT # 1
TABULATION SHEET
BID # 2283
DBR JRJ JAGOE RENAISSANCE
BID NAME MAYHILL ROAD PAVING & DRAINAGE CONST PAVING PUBLIC CONST
DATE 13-Oct.98
PROPOSAL TOTAL $714,936 70 $1,011,141 25 $680,212 23 $993,653 00
ADDENDUM YES YES YES YES
BID BOND YES YES YES YES
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered mto this 3 day of NOVEMBER A.D.,
1998, by and between CITY OF DENTON of the County of DENTON and State of Texas,
acUng through MICHAEL W..fEZ, City Manager, thereunto duly authorized so to do,
hereinafter termed "OWNER," and
JAGOE PUBLIC CONSTRUCTION
P.O. BOX 280 / 3020 1~. WORTH DR.
DENTON, TX 76205
of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m consideration of the paymems and agreements
heremaRer mentioned, to be made and performed by OWNER, and under the conditions
expressed m the boads attached hereto, CONTRACTOR hereby agrees with OWNER to
commenCe and complete performance of the work specified below
BID//2283 - MAYJHLL ROAD PAVING AND DRAINAGE
m the amount of $632,149.84 and all extra work in connection therewith, under the
terms as stated m the General Conditions of the agreemem, and at his (or their) own proper
cost and expense to furmsh all materials, supplies, machmery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the
work specified above, m accordance with the conditions and prices stated m the Proposal
attached hereto, and in accordance with all the General Conditions of the Agreement, the
Special CondlUons, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders,
and the Performance and Payment Bonds, all attached hereto, and m accordance with the
CA - 1
plans, winch includes all maps, plats, blueprints, and other drawmgs and printed or written
explanatory matter thereof, and the Specfficauons therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute 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 income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have superwslon 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 d~rection of the City Manager
of the City of Denton, Texas, or hts designee under tins agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or habfllty of any kind whatsoever, by reason of injury
to property or tinrd persons occasioned by any error, ormssion or neghgent act of Contractor,
its officers, agents, employees, mvitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at 1ts 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 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 nouce to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of tune as are prowded by the
General and Special Con~htions
The OWNER agrees to pay the CONTRACTOR m 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 tim agreement
m the year aud day first above written
JAGOE PUBLIC CONSTRUCTION
CONTRACTOR
JA~OE PHRIIn ~n~p~Fy
BOX 250
DENTON. TEXAS 76202
MAILING ADDRESS
PHONE NUMBER
X NUMBER
APPROVED AS~O FO~ [ P~NTED NAME
CITY ATT~
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC
CONSTRUCTION, whose address is P.O. BOX 250/3020 FT. WORTH DR., DENTON,
TX 76205, hereinafter called Principal, and A$SOCIATEDINik~NITYCO~RATI~Na corporatmn orgamzed and
exlstmg under the laws of the State of TEXAS, and fully authorized to transact business m the
State of Texas, as Surety, are held and fmnly bound unto the City of Denton, a mumcipal
corporation orgamzed and existing under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of SIX HUNDRED THIRTY TWO THOUSA1ND ONE
HUNDRED FORTY NINE AND 84/100 DOLLARS ($632,149.84) plus ten percent of the
stated penal sum as an addit~onal sum of money representing additional court expenses,
attorneys' fees, and liquidated damages arising out of or connected with the below identified
Contract, m lawful money of the Umted States, to be paid m Denton County, Texas, for the
payment of which sum well and truly to be made, we hereby brad ourselves, our he~rs,
executors, adnumstrators, successors, and assigns, jointly and severally, fn'mly 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 m 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 condmoned as follows Whereas, the Prmc,pal
entered into a certain Contract, ldenUfied by Ordinance Number 98-373, w~th the City of
Denton, the Owner, dated the 3 day of NOVEMBER A.D. 1998, a copy of which ~s hereto
attached and made a part hereof, for BID # 2283 - MAYHILL ROAD PAVING AND
DRAINAGE.
NOW, THEREFORE, If the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, cunthtwns and agreements of smd Contract m
accordance w~th 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 undertakmgs, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, nouce of which modlficattons to the Surety bemg hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanslnp that
appear w~thm 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 mdemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of fadure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may
recur m making good any default or deficiency, then this obhgatlon shall be void, otherwise, it
shall remain 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 tune, alteration or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficatlons,
Drawings, etc, accompanying the same, shall m anywise affect its obhgaUon on this Bond,
and It does hereby wmve not~ce 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,
Spemficauons, 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 hereto as the
Resident Agent m Denton County to whom any requisite notices 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 Clvd Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed m 4 cop:es, each one of which
shall be deemed an original, this the 3 day of NOVEMBER 1998.
ATTEST PRINCIPAL
SECRETARY / - BY
V~c~ P
ATTEST SURETY
ASSOCIATED INOEMNITY C
Tex'a~for
The Resident Agent of the Surety m Denton County, delivery of notice and service
of the process is
WILLIS CORROON CORP
NAME n~ n ~! ~l A TOW~.R
13355 NOEL RD SUITE 40C
STREET ADDRESS DALLAS. TEXAS 75240
(NOTE Date of Performance Bond must be date of Contract If Resident Agent Is 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
CONSTRUCTION, whose address is P.O. BOX 250/3020 FT. WORTH DR., DENTON,
TX, 76205, hereinafter called Principal, and
a corporation organized and existing under the laws of the State of TI~XAS, 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 mumclpal corporauon orgnmzed and existing under the laws of the State
of Texas, beremafter called Owner, and unto all persons, firms, and corporations who may
furmsh materials for, or perform labor upon, the bmldmg or unprovements hereinafter referred
to, m the penal sum of SIX HUNDRED THIRTY TWO THOUSAND ONE HUNDRED
FORTY NINE AND 84/100 DOLLARS ($632,149.84) m lawful money of the Umted States,
to be prod m Denton, County, Texas, for the payment of wh:ch sum well and truly to be made,
we hereby brad ourselves, our beuts, executors, admnustrators, successors, and assigns, jointly
and severally, f'u'mly by these presents Tins Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price,
but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract
price decrease the penal sum of thls Bond
THE OBLIGATION TO PAY SAME ~s cun&tloned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 98-373, w~th thc C~ty of
Denton, the Owner, dated the 3 day of NOVEMBER A.D. 1998, a copy of which xs hereto
attached and made a part hereof, for BID # 2283 - MAYHILL ROAD PAVING AND
DRAINAGE.
NOW, THEREFORE, ~f the Principal shall well, truly and faithfully perform Its duties
and make prompt payment to all persons, firms, subcontractors, corporations and clammnts
supplying labor and/or material m the prosecuUon of the Work prowded for m said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
not~ce of which mochficat~ons to the Surety being hereby expressly waived, then this obllgaUon
shall be void, otherwise It shall remam in 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
stipulates and agrees that no change, extension of tnne, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficauons,
Drawings, etc, accompanying the same, shall m anywise affect its obhgat~on on this Bond,
and It does hereby wmve not~ce of any such change, extension of tune, alteration or adtht~on to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB - 3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ,s hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any reqmslte notices may be dehvered and on
whom service of process may be had m matters arising out of such suretyship, as prowded by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~vll Statutes of the State of Texas
IN WITNESS WHEREOF, tins instrument ~s executed m 4 copies, each one of which
shall be deemed an original, this the 3 day of NOVEMBER, 1998.
ATTEST PRINCIPAL
~'t ~E PRL~IDENT
ATTEST SURETY
ASSOCIATED INdEMNIfY CO~PORAI~ON
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process ~s
WILLIS CORROON CORP
NAME o~ ~ c, a~ ~ ~!~ Toxw.R
l ~555 NOEL RD SUITI/400
STREET ADDRESS DALLAS, TEXAS 75240
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
2283 CONTRACT & BONDS
PB - 4
GF.;~ERAL
POWER OF
~x'ro~v ASSOCIATED INDEMNITY CORPORATION
/~OW ALL MEN BY TH]F. BE PRE~ENTS. That ASSOCIATED INDEMNITY CORPORATION a Corporation duly organized and ex~stmg under the laws
of the State of California, and having its prinopal office in the County of Mann State of Cahforma, has made constituted and appointed and does by these
pre~entsmake, constttute and appoint JOHN R. STOCKTON, ROSEMARY WEAVER, jointly or severally
DALLAS TX
its true and lawful Attorney(s) in-Fact, with full power and authority hereby conferred la its name place and stead, to execute seal, acknowledge and dehver any
and all bonds, undertaking, recognizances or other written obhgat~ons m the nature thereof ...............................
and to brad the Corporation thereby as fully and to the sarne extent as If such bonds were signed by the President sealed w th the corporate seal of the
Corporation and duly attested by its Secretary, hereby rat lying and confirming ali that the smd Attorney(s) an Fact may do in the premises
Tlus power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By laws of ASSOCIATED INDEMNITY CORPORATION now m full force and
effect
"Article Vll Appointment nod Authority o! R~lde#t ~retl~es, Attorney.h~.Fact aBd Agents to accept Legit] Proees~ and M~ke Ap~o~rJnces
Section 45 Appolntmeot The Chaiman of the Board of Directors the President, any Vlce-Presidem or any other person anthartzed by the Board of
Directors, the Chnl~map of the Board of Direclors, the Pm dant or any Vice-President may, from time to time, appoint Resident Assistanl Seetetarie~ and
Attorneys-In Fae~ to ~pte~nt and act for and on behalf of the Compunction and Agents to accept legal process and make appearnnces for and on behalf of the
Corpoestlon
Section 46 Authority. The authority of such Resident Assistant Secretaries, Attorneys Jn-Faet and Agents shall be as prescribed In the lastrnment evidencing
Ihalz appointment Any such appolntmant and nil anthoriW stunted thereby may be esvoked at any time by the Board of Directors or
make ~uch appolatment" by any person empowered to
Tluspower of attorney is signed and sealed under and by the authority of the follow ng Resolution adopted by the Board of Directors of ASSOCIATED
INDEMNITY CORPORATION at a meeting duly called and held on the 13th day of Aprd 1984 and smd Resolution has not been amended or repealed
"RESOLVED, that the signature of uny Vice President Assistant Secretary, and Resident Assistant Secretary of tlus Corporation and the seal of tlus
Corpofat on may be a ffLxed or printed on any power of attorney, on any revocation of any power of attorney, or on any certl flcate relating thereto, by facsimde,
and any power of attorney, any r~vo~atiou of any power of attorney, or certificate beann such facsimile sa nature or facsnmtle seal sba2 be valid and binding
upon the Corporation'
IN WITNESS WHEREOF, ASSOCIATED INDEMNITY CORPORATION has caused these presents to be s~gned by its Vine-President, and Its corporate sea] to
be hereunto affixed this , ?Tt]~ dayof_ A.~.~ , 19 97
% " By
STATE OF CALIFORNIA
COLqqTY OF MAR. IN
On~s 27th dayof August 97
, 19 , before me personally came M A Mallonee
tn ole kuowa, who, being by me duly sworn, dui depo~ and ~.y thlt he as VtceoPresldans of ASSOCIATED INDEMNITY CORPORATION, the Corporutto~
d~'lbed m and which ~t~d the above mstrnmant, that he knows the s~l of ~ld Corporation, that the ~eal affla~l to thc s~d instrument as such corporate
· ~1, that it ~ so ~f£m~l hy order of thc BO~d of Dtr~or$ of ~ld Corporution and that he signed Ins nme thereto hy hke order
IN WlTNI~SS WHEREOF, I huve hercunto set my hand and affl~ad my officml s~d, the d~y and year herein first nhove wrnteu
STATE OF CALIFORNIA
COUNTY OF MARIN ~ ss
the By-laws of the Corpo~&tiou, 8ad the Rmolution of the ~o~l~V~*~ .a~_ .u~ ~ ~n ,o_t ?~een..revoaeo.,?nu tarthermore that Arttcle VII, Sections 45 and 46 of
................ , ~t ~ortn in ~ne rower ut Attorney, are now in force
SlgnedandsanlednttheCotmtyofMarin Dat~dthe. ~ dayof NOV~' , 19 9~
Insurance Requirements
Page 1
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requ,rements below It is
highly recommended that bidders confer with their respective insurance
carriers or brokers to determine in advance of B~d subm,ssion the availability
of insurance certificates and endorsements as prescribed and provided
herein. If an ·pp·rent Iow bidder fails to comply strictly w,th the insurance
requirements, that bidder may be disqualified from award of the contract.
Upon bid award, all insurance requ,rements shall become contrectual
obligations which the successful bidder shall have a duty to malnta,n
throughout the course of this contract
STANDARD PROVISIONS:
W~thout hmtt,ng any of the other obl,gat~ons or hab~ht~es of the Contractor,
the Contractor shall prov,de and maintain until the contracted work has been
completed and accepted by the C~ty of Denton, Owner, the m~mmum
~nsurance coverage as ~nd~cated hereinafter
As soon as practicable after notification of bid award, Contractor shall file
w~th the Purchasing Department sattsfactory certificates of ~nsurance,
contalmng the b~d 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
adwsed to make such requests pnor to bid opemng, s~nce the insurance
reqmrements may not be modified or waived after bid opening unless a
written exception has been submitted w~th the b~d Contractor shall not
commence any work or deliver any mcterml until he or she recmves
notification that the contract has been accepted, approved, and signed by
the City of Denton
All insurance pohc~es proposed or obtained ~n satisfaction of these
requtrements shall comply with the following general specifications, and shall
be maintained ~n comphance w~th these general spemflcat~ons throughout the
duration of the Contract, or longer, ~f so noted
· Each pohcy shall be issued by a company authorized to do
bus~ness ~n the State of Texas w~th an A M Best Company rattng
of at least A
2283-INSURANCE
CI- 1
Insurance Requirement s
Page 2
· Any deductibles or self-~nsured retentions shall be declared ~n the
bid proposal If requested by the C~ty, the ~nsurer shall reduce or
eliminate such deductibles or self-~nsured retentions w~th respect
to the C~ty, ~ts
officials, agents, employees and volunteers, or, the contractor
shall procure a bond guaranteeing payment of losses and related
~nvest~gatlons, claim administration and defense expenses,
· Liability pol~mes shall be endorsed to provide the following
Name as additional insured the City of Denton, ~ts Officials,
Agents, Employees and volunteers
That such ~nsurance ~s primary to any other ~nsurance
available to the additional ~nsured w~th respect to claims
covered under the policy and that th~s ~nsurance applies
separately to each insured against whom claim ~s made or
su~t ~s brought The ~ncluslon of more than one insured shall
not operate to ~ncrease the ~nsurer's hmlt of I~abll~ty
· All pol~mes shall be endorsed to provide thirty (30) days prior
written not,ce of cancellation, non-renewal or reduction ~n
coverage
· Should any of the required ~nsurance be prowded under a
claims-made form, Contractor shall maintain such coverage
continuously throughout the term of th~s contract and, w~thout
lapse, for a per~od of three years beyond the contract expiration,
such that occurrences arising during the contract term which g~ve
r~se to claims made after expiration of the contract shall be
covered
· Should any of the required ~nsurance be provided under a form of
coverage that ~ncludes a general annual aggregate I~mlt providing
for claims investigation or legal defense costs to be ~ncluded ~n the
general annual aggregate hm~t, the Contractor shall e~ther double
the occurrence I~mlts or obtain Owners and Contractors Protective
L~ab~hty Insurance
2283INSURANCE
Insurance Requirements
Page 3
· 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 ewdence of
reinstated coverage as required by this contract, effective as of
the lapse date If insurance ~s not reinstated, C~ty may, at ~ts sole
option, terminate th~s agreement effective on the date of the
lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS'
All insurance policies proposed or obtained ~n satisfaction of th~s Contract
shall additionally comply w~th the following marked spemflcat~ons, and shall
be maintained in compliance with these additional specifications throughout
the duration of the Contract, or longer, ~f so noted
[X ] A General Liability Inaurance.
General Liability insurance w~th combined s~ngle hm~ts of not less
than 1,000.000 shall be prowded and ma~ntmned by the
Contractor The policy shall be written on an occurrence bas~s
either ~n a single policy or ~n a combination of underlying and
umbrella or excess pol~mes
If the Commercial General Lmb~l~ty form (ISO Form CG 0001
current edition) is used
· Coverage A shall ~nclude premises, operations, products,
and completed operat;ons, ~ndependent contractors,
contractual Imb~l~ty covering this contract and broad form
property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General bablhty form (ISO Form GL 0002
Current Edmon and ISO Form GL 0404) ~s used, ;t shall include at
least
22834NSURANCE
CI- 3
Insurance Requirements
Page 4
· Bodily ~njury and Property Damage Lmblhty for premises,
operations, products and completed operations,
~ndependent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures.
· Broad form contractual hab~hty (preferably by endorsement)
covenng this contract, personal injury hab~hty and broad
form property damage hab~hty
[X] Automob,le Liability Insurance'
Contractor shall prowde Commercial Automobile Lmb~hty ~nsurance
with Combined S~ngle L~m~ts (CSL) of not less than 1,QO0.O00
either ~n a single pohcy or m a combination of basic and umbrella or
excess pohcms The policy will ~nclude bodily ~njury and property
damage hablhty arising out of the operation, maintenance and use of
all automobiles and mobile equipment used ~n conjunction w~th this
contract
Satmfact~on of the above requirement shall be in the form of a policy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insuranoe
Contractor shall purchase and maintain Worker's Compensation
~nsurance whmh, ~n addmon to meeting the m~mmum statutory
requirements for issuance of such ~nsurance, has Employer's L~ab~hty
hmlts of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 pohcy hm~t for occupational disease The
City need not be named as an "Addmonal Insured" but the ~nsurer
shall agree to waive all rights of subrogation against the City, ~ts
offlmals, 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 ~n
accordance w~th §406 096 of the Texas Labor Code and rule 28TAC
110,110 of the Texas Worker's Compensation Commission (TWCC)
2283 INSURANCE
CI -4
Insurance Requirements
Page 5
[ ] Owner's and Contractor's Protect,vs Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during
the prosecut,on of the work under this contract, an Owner's and
Contractor's Protective Llab~hty ~nsurance policy naming the C~ty as
~nsured for property damage and bodily ~njury which may arise ~n the
prosecution of the work or Contractor's operations under th~s
contract Coverage shall be on an
"occurrence" basis, and the pohcy shall be ~ssued by the same
insurance company that carries the Contractor's hablhty insurance
Pohcy hmlts w~ll be at least combined bodily ~njury and
property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ~s required ~f Broad form General L~ablhty ~s not prowded or
Is unavailable to the contractor or If a contractor leases or rents a
portion of a C~ty building Limits of not less than each
occurrence are required
[ ] Professional Liability Insurance
Professional liability ~nsurance w~th hm~ts not less than
per claim with respect to negligent acts, errors or omissions in
connection w~th professional services ~s required under th~s
Agreement
[ ] Builders' Risk Insurance
Builders' R~sk Insurance, on an AII-R~sk form for 100% of the
completed value shall be provided Such policy shall ~nclude as
"Named Insured" the City of Denton and all subcontractors as their
Interests may appear
[ ] Additional Insurance
Other Insurance may be required on an ~ndlwdual basis for extra
hazardous contracts and specific serwce agreements If such
additional insurance Is required for a specific contract, that
requirement will be descubed ~n the "Specific Conditions" of the
contract specifications
2283-INSURANCE
CI - 5
Insurance Requirements
Page 6
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects
for Governmental Entltlee
A. Deflmtlons:
Certificate of coverage ("cert~flcate")-A copy of a certificate of
~nsurance, a certificate of authority to self-~nsure ~ssued by the
commission, or a coverage agreement (TWCC-81, TWCC-82,
TWCC-83, or TWCC-84), showing statutory workers'
compensation ~nsurance coverage for the person's or ent~ty's
employees prowd~ng serwces on a project, for the duration of the
project
Duration of the project ~ ~ncludes the t~me from the beglnmng 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 prowd~ng serwces on the project ("subcontractor" ~n
§406 096) - ~ncludes all persons or ent~t~es performing all or part
of the services 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 Th~s ~ncludes, w~thout I~m~tat~on, ~ndependent
contractors, subcontractors, leasing compames, motor carriers,
owner-operators, employees of any such entity, or employees of
any entity whmh furmshes persons to prowde serwces on the
project "Services" ~nclude, w~thout hm~tat~on, providing, hauling,
or delivering equipment or materials, or prowd~ng labor,
transportation, or other serwce related to a project "Serwces"
does not include actlwtles unrelated to the project, such as
food/beverage vendors, office supply dehver~es, and delivery of
portable to~lets.
B The contractor shall prowde coverage, based on proper reporting
of classification codes and payroll amounts and fll~ng of any
overage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401 011(44) for all employees of the
Contractor prowdlng serwces on the project, for the duration of
the project
2283 INSURANCE
CI - 6
Insurance Requirements
Pa~e 7
C The Contractor must provide a certificate of coverage to the
governmental entity prior to being awarded the contract
D If the coverage per~od 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 prowd~ng serwces on
a project, and prowde to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work
on the project, so the governmental entIty w~ll have on file
certificates of coverage showing coverage for all persons
prowd~ng 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, ~f
the coverage per~od 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 not~fy the governmental entity ~n writing by
certifIed ma~l or personal dehvery, w~th~n 10 days after the
contractor knew or should have known, of any change that
matermlly affects the prowslon of coverage of any person
prowd~ng services on the project
H The contractor shall post on each project s~te a not~ce, ~n the text,
form and manner prescrIbed by the Texas Workers' Compensation
Commission, ~nform~ng all persons prowd~ng services on the
project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage
2283 INSURANCE
CI- 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person w~th whom
~t contracts to provide services on a project, to
(1) prowde coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of
Texas Labor Code, Section 401 011(44) for all of its
employees providing serwces on the project, for the duration
of the project,
(2) provide to the contractor, prior to that person beg~nmng work
on the project, a certificate of coverage showing that
coverage ~s being prowded for all employees of the person
providing services on the project, for the duration of the
project,
(3) prowde the contractor, prior to the end of the coverage
per~od, 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 w~th whom ~t contracts, and
provide to the contractor
(a) a certificate of coverage, prior to the other person
beg~nmng work on the project, and
(b) a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, ~f 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 ~n wrmng by certified mini or
personal delivery, w~thln 10 days after the person knew or
should have known, of any change that matermlly affects the
provision of coverage of any person prowd~ng serwces on the
prolect, and
2283 INSURANCE
CI- 8
Insurance Requirements
Page 9
(7) contractually require each person w~th whom ~t 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 prowded a
certificate of coverage, the contractor ~s representing to the
governmental entity that all employees of the contractor who w~ll
provide serwces on the project w~ll 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 w~ll be filed
w~th the appropriate insurance carner or, ~n the case of a self-
~nsured, with the commms~on's Diws~on of Self-Insurance
Regulation Providing false or mmlead~ng ~nformat~on may subject
the contractor to administrative penalties, criminal penalties, c~v~l
penalties, or other c~vll actions
K The contractor's failure to comply w~th any of these prows~ons ~s a
breach of contract by the contractor which ent~tles the
governmental entity to declare the contract void ~f the contractor
does not remedy the breach wtth~n ten days after receipt of not~ce
of breach from the governmental entity
2283 INSURANCE
CI- 9
BID
~e ~u~ ~o~t ~* -~ .... ~ . ~c~ mond ~d a pa~t bond
~e vo~ ~f~~e oon~a~, Co ~s~e and
Panic ~o~ a~ ~.._~a~c~on and acceptance, ~d ~o
· u~shed ~n ~e -------- - ~ ~abo~ p~o~ed and ~
~t ~" ~derstood ~at ~e York p=oposed Co be done aha~
accap~od, vh~ ~u~y oo~p~etod and f~n~shad in acco=dance
· he unde=signed oe~ies ~a~ ~e b~d p=~ca, contained
p=oposa~ have been carefully ~e~ed and ara subsisted a~ co.ac:
and ~na~.
Unit ~d Z~p-s~ prices as sho~ for each item l~s~ed
proposal, shall control over ~ensions.
S~eeC Address
city and State
(If a Co~oratfon) _
Telephone
B - 1
Mayhill Road BID TABULATION SHEET Work Days
Paving and Drainage Bid No '
PO No
Item Des.--~ ~ Umt Price Total
21 Conm~ctors Warrant~esandt $~/~oo. °°/LS $~./ooo
Unit Price In Words o,,.~ -/-4, ~/
ll 5 Cover 11 ~6o.O~EA $,Aa-oo oo
Umt Price In Words v-,~ ~ ,~.~o
123-A 42"Claasff[ stormsewer 857 $ Io~.°°/LF ~'.,~'71
UmtPnceIn Words o,~',/t.,~.~/~-o~-~/~,'e~ ~'~,'A,~ ~ ,,~ ~,~
12 3-B ¢8" Claas ~I storm sewer 371 1~-o aa/LF
Umt PncaIn Word~ o,~ ~ ~
18" Claas ~I storm sewer 162 ~-o.°O/LF 8'1 oo. aa
Umt Pnce In Words -/54~ au~ud~u~o ~
12 3-D 21" Class DI storm sewer 90 $ ff'o. °a/LF $
Umt Price In Wor~ ~ ~/~. ~
12 3-I~ IV storm sower 90
Umt Price In Words, ~/Io.,"5 a.~t ~
Class IV storm sewer 653 g~' °°/LF
12 3 2 6' X 4' Class IV Box Culvert 272
Umt Price In Words. a.~ ~
9/15/98 P 3
Mayhill Road BID TABULATION SHEET Work Days
Paving and Drainage Bid No
PO No
Item Unit Price Total
31
Umt Pnce In Words '~,~ 4'g.o~,~,,,a ~/o
3 Unclassified Bxcavat~on 3475 ~ oo
Umt Price In Words tld$^C a/c
7 475 $ q. e~"/Cy
Umt Pnce In Words
9 Sod 10 IO.e°/SY
, Umt Price In Words ~ d~//at"5 a..o~ Ado
107 IHydromnlch I 954 I SY I$ .~O.o~/$yl$1rto
Umt Pnce In Words 4'~o ~o/(~.,~ ~,,~'t~)o
ITempor.7 ~.m,,on Control I - I ~'S I$
Umt Price In Words ~ ~./.Ao~,~.~d -,~-~-ee//~V,--e~/ ~/o//,~,~ ~.~/,~/o ~
Umt Pncc
Mayhlll Road BID TABULATION SHEET Work Days ... 9o.
Paving and Drainage Bid No
PO No
Item Umt Price Total
I ' End Treatment - 6' X 4' Culvert 1 $/'7o O, 0 o/EA oo
Unlt Pnce In Words o~e.
6-A-3 6'Inlet 3 $ ,~/oo. o0/EA
Umt Pnce In Words ~o
6-A-4 8' Inlet 1
Umt Pnce In Words-
6-A-5 10' Inlet 1 =gq~oo.
UmtPnceIn W°rds /'°d° vq~°~"~ 4~4'r~ /~4r~/r~d ~/°//a/'$ a'"ta[ ~4d°r-~'~'J
Umt Price In Words
Umt Pnce In Words-ih/t/'~. ~/~ot~'~.~l -~,i~' A~dr'~rd ~//a<~ ~ ~
76-A-13 T~eBH~w~l~d~e 1 ~ $
9114~8 P 5
Mayhgl Road BID TABULATION SHEET Work Days
Paving and Drainage Bid No
PO No
2-A Install Concrete Curb & Gutter 3,659 ] LF 15 ~.~o /LF[$31loi.~c~
Umt Pnce In Words ~t~Aq' o[o{/o,r'5 ~ .~h~ ~
Umt Pnce In Words
9/14/98 P 6
Mayhlll Road BID TABULATION SHEET Work Days 9~
Paving and Drainage Bid No
PO No
Item Description Unit Price Total
~P-55 $/5'Ooo.°~/LS $/5'oo0, 0o
Umt Pnce In Words.
SP-60 5 ~b-O. oo/EA /'75'0 0o
Umt Pnce In Words -
$
TOTAL
9115/98 P 7
BID SUMMARY
PROIECT WORK DAYS BID
1. Unmodified Proposal TOTAL ?9 $ ~ 79~ti'1~2 z3
2. ModifiedProposal TOTAL ~)0 $ ~2'O rAl~ ~''~
TOTAL $
Tho paving and drainage improvements will be awarded to one contractor The bid pnce w~H be
ba~ed on the Proposal Unmodified or the Proposal Modified
OONFEg~ NO RIG~ UFON THE OER~fl~A~ HOLDE~
OOEi gOT AMEND, EX~ND OR AL~R ~E COVERAGE AFFORDED BY ~E
~M~ & ~Ng ~URANOE ~lE~ B~LOW
~ & ~, ~ A COMPANIES AFFORDING ~VE~GE
O~A T~
P O ~E ~ ~P~ D
INOICA~ NO~OIN~ JY REQU {Mi, ~ OR C}0111~ OF ~Y CON--CT ~ O~ D~UMJNT WI~ REJPECT TO WHI~R~IS
CER~FICA~ ~Y ~ ISSUED OR MAY ~A N, ~E I~U~E ~FORD~ ~ ~E ~UCIES D~CfllaED HE~ N IS SU~ECT TO AIL
1% DEDUCiBlE
RE~D PER ~EM
~ODl~O~k INSURED
PR~E~ BID ~ MAYHILL RD FAVING & DRAINAGB