1997-320 ORDINANCE NO
AN ORDINANCE ACCE?TING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SEC_,_T2Olg2 That the following competitive bids for the construction of public works or
improvements, as described tn the "Bid Invatataons", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the b~d number asmgned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
BIU_MBER CONTRACTOR AMOUNT
2109 JAGOE PUBLIC COMPANY $774,924.00
SECTION I1 That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public 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 furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
w~th the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above competitive bxds and the
execution of contracts for the pubhc works and xmprovements as authorized herein, the C~ty Councxl
hereby authorizes the expenditure of funds m the manner and m the amount as spemfied ~n such
approved bxds and authorized contracts executed pursuant thereto
SECTION V That tins orchnance shall become effective tmmedmtely upon its passage and
appmval
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE NOVEMBER 4, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING FOR AN EFFECTIVE DATE (BID # 2109 - U.S. 380 UTILITY
RELOCATION)
RECOMMENDATION: We recommend this bid be awarded to the lowest b~dder, Jagoe Pubhc Company,
~n the amount of $774,924 00
BACKGROiIISID: Th~s b~d is for all labo,r and~m~.at~erl~ls~n~e~c,e, ssa[y. 1,n the re. lo~?.tl~on.o.fp~orox~lm, ately 650
feet of 30 waterline, 1667 feet of 16 waternne, ~o~ reet o~ ~z watemne ana oo> ~eet ox ~ watenme The
sanitary sewer that must be relocated consists of 193 feet of 16" steel samtary sewer, 428 feet of 15" sanitary
sewer 250 feet of 10" samtarv sewer and 5 manholes This relocation project is in the area ofU S 380 and
MaTh~ll Texas Department o--~fTra~.sportatmn ~sj>lanmng U S 380 ~mprovements and the relocation of these
utility hnes must be done prior to that construction
Ftve bid proposals were received in response to eighty-two notmes to bid mailed to vendors
PROGRAMS: DEPARTMENTS OR GROUPS AFIECTED~ Water and Sewer Utilities, Engineering,
Citizens in the area ofU S 380 and Mayhdl Road
~ Budgeted water and sewer bond funds for 1998 CIP, account # 675-082-RB96-V502-
8563
Attachment Tabulation Sheet
Respectfully submitted
Kath'~kIlu'B 9~e
Executive lYirector of Finance
Prepared by
T~tle Semor Buyer
Approved
Title Purchasing Agent
954 AGENDA
CONTRACT AGR]EBlV NT
STATIC. OF TEXAS ~
COUNTY OF D~NTON ~
THIS AGREEMF~T, made and entered into t-his 4 day of
November A.D., 19 97 , by and between
of ~he County of ~ and State of Texas, ac~ng
~ere~o duly au~orized so to do, h~einafter te~ed "0~, . and
JA~E P~IC ~
P.O. ~ 250
D~N~ ~ 76202
of the City of o~wo~ , County of Dm~o~
and State of ~ , hereinafter
termed "CONTRACTOR."
WITNESSETH~ That for and in consideration of the payments and
agreements hereinafter men=ioned, to be made and performed by
OWNER, and under the conditions expressed in thc bonds attached
beret0, CORTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID #, 2109 - U.S. 380 ~TILITY RELOCATION
in the amount of ~774~924.00 end all ex~ra work in
connection therewith, under the terms as stats/ in the General
Conditions of the agreement; and at his (or their) own proper coat
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, end other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, end in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidder~ (Adver~isament for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specificatione therefore, ae prepar~l by
CITY OF DENTON ENGINEEI~NG DEPARTMENT
all Of which are made a parc hereof and collectively evidence and
constitute the entire contract.
Indenendent Status
It is mutually understood and agreed by end 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?he purposes of income tax, wi~hholding, social
security taxes, vacation C°rity sick leave benefits, worker's
compensation, or any other employee benefit. City shall not
have supervision and control of Contractor or ,any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by veason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, emp~eee, inviteee, end other
persons for whom it is legally liab1%, with regard to the
performance of this Agreement, and Con~ractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreenent shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The COh'k~J~CTOR hereby agrees to commence work on or after the
date established for the sta~c of work as eat forth in written
notice to commence work and complete all work within the tim.
stated in the Proposal, subject to such extensions of time as ere
provided by the ~eneral and Special Conditions.
The 0~ER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a parc of this
contract, such payments to be subjec~c to the General and Special
Conditions of the Contract.
IN WITNESS WHEREOF, ~he parties of ~hese pFesen=s have
exe=uted ~£s a~e~en= in ~e ye~ and day firs~ above
A~EST ~
ATTEST:
~~. , ~ JAGOE PUBLIC COMPANY
/ CONTRACTOR
MAILING ADDRESS
PHONE NL~4B ER
PRI~ N~
APPROVED AS TO FORM: (SEAL)
AAA0184D
Rev. 07/28/94
CA - 3
PERFORMANCE BOND
THE STATE OF TEXAS '
COUNTY OF DENTON '
KNOW ALL IVIEN BY THESE PRESENTS That SAGOE PUBLIC COMPANY, whose
address ~s P.O. BOX 250, DENTON, TX 76202, hereinafter called Pnnc~pal, and
/l.qR~£Tt~l~rl TI, InEM~I~¥ P. ORPI3I:/~q~TOI',I a corporauon orgamzed and ex, sung under the laws of the
State of TEXAS, and fully anthonzed to transact business tn the State of Texas, as Surety, are held
and fnraly bound unto the Cxty of Denton, a mumcxpal corporaUon orgamzed and emstmg under the
laws of the State of Texas, hereinafter called Owner, m the penal sum of
SEVEN HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED TWENTY FOUR
and no/100 - ($774,924.00) plus 10 pement of the stated penal sum as an addmonal sum of money
representing add~uonal court expenses, attorneys' fees, and hqmdated damages arising out of or con-
nected vath the below ~denufied Contract, m lavfful money of the Umted States, to be prod m Denton
County, Texas, for the payment of wluch sum well and truly to be made, we hereby bmd ourselves,
our he,rs, executors, admmmtrators, successors, and asstgns, jmntly and severally, firmly by these
presents. Tins Bond shall automatmally be increased by the amount of any Change Order or
Supplemental Agreement wluch 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 ttus Bond
THE OBLIGATION TO PAY SAME ts condxtloned as follows Whereas, the Pnnctpal
entered into a certmn Contract, xdenufied by Ordinance Number 97-320, wtth the Ctty of Denton,
the Owner, dated the 4 day of November A D 1997, a copy of whmh ts hereto attached and made
a part hereof, for BID # 2109 - U.S. 380 UTILITY RELOCATION
NOW, THEREFORE, ffthe Principal shall well, truly and fatthfully perform and fulfill all
of the undertalangs, covenants, terms, condmons and agreements of smd Contract m accordance vath
the Plans, Specfficauons and Contract Documents during the original term thereof and any extenston
thereofwluch may be granted by the Owner, w~th or w~thout nouce to the Surety, and during the hfe
of any guaranty or warranty requtred under this Contract, and shall also well and truly perform and
fulfill all the undertalangs, covenants, terms, conchuons and agreements of any and all duly
authorized modtficataons of smd Contract that may hereafter be made, nouce ofwhtch modtficaUons
to the Surety being hereby waived, and, ffthe Pnnctpal shall repmr and/or replace all defects due to
faulty matenals and workmam[up that appear w~tlun a period of one (1) year from the date of final
completton and final acceptance of the Work by the Owner, and, tf the Pnnctpal shall fully
mdemntfy and save harmless the Owner from all costs and damages wluch Owner may suffer by
reason of fmlure to so perform herein and shall fully reunburse and repay Owner all outlay and
expanse, winch the Owner may recur m malang good any default or deficiency, then tlus obhgauon
shall be void, otherwise, tt shall remain tn full force and effect
PROVIDED FURTHER, that ff any legal acuon be filed upon tlus Bond, exc[ustve venu~
shall he m Denton County, State of Texas
PERFORMANCe. BOND - Pa~e 1
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby sUpulates and
agrees that no change, extension of tune, alteraUon or adchuon to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Speeificataons, Drawings, etc, accompanying the
same, shall m anywme affect its obhgaUon on tlus Bond, and it does hereby waive hOrace of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Dravangs, 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 reqmsite notices may be delivered and on whom
service of process may be had m matters arising out of such suretystup, as provaded by ArUcle 7 19-I
of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copxes, each one of which shall
be deemed an ongmal, tlus the 4 day of NOVEMBER, 199'/.
A'ITEST PRINCIPAL
JAGOE PUBLIC COMPANY
BY 4'; .... ~ -' BY
~rt ~,J.u,3,~ ~ ~ ~ PRESIDENT
ATTEST SURETY
ASSOCIATED INDEMNITY CORPORATION
The Resident Agent of the Surety m Denton County, Texas for delivery of nouce and servtce of the
process is
Willis Covroon Corporation of Texas
NAME
13355 Noel ~oad, Suite 400, Dallas, Texas 75240-6612
STREET ADDRESS
('NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corpomUon, g~ve a ~ name )
PERFORMANCE BOND - Page 2
THE STATE OF TEXAS '
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY, whose
address as P.O. BOX 250, DENTON, TX 76202, hereinafter called Pnncipal, and
ASSOCIATED INDEMNITY CORPOBATIO~a corporation orgamzed and existing under the laws of the
State of TEXAS, and fully authorized to transact business ~n the State of Texas, as Surety, are held
and fumly bound unto the City of Denton, a mumclpal corporation orgamzed and eyasung under the
laws of the State of Texas, heremaiter called Owner, and unto all persons, firms, and corporations
who may furmsh materials for, or perform labor upon, the building or improvements heremalter
referred to, m the penal sum of SEVEN HUNDRED SEVENTY FOUR THOUSAND NINE
HUNDRED TWENTY FOUR and no/100-- ($774,924.00) in lawful money of the Umted States,
to be paid in Denton County, Texas, for the payment of wtuch sum well and truly to be made, we
hereby band ourselves, our heirs, executors, admunstrators, successors, and assigns, jointly and
severally, firmly by these presents Tlus Bond shall automattcally be increased by the amount of any
Change Order or Supplemental Agreement winch increases the Contract pnce, but an no event shall
a Change Order or Supplemental Agreement wtuch reduces the Contract pnce decrease the penal
sum of flus Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnncipal
entered into a certmn Contract, identified by Ordinance Number 9%320, vath the City of Denton,
the Owner, dated the 4 day of November, A D 1997, a copy of whlch as hereto attached and made
a part hereof, for BID # 2109 - U.S. 380 UTILITY RELOCATION.
NOW, THEREFORE, if the Pnncipal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material m the proseoution of the Work provided for m said Contract and any and all
duly authonzed modifications of smd Contract that may hereafter be made, notice of wluch
modifications to the Surety bemg hereby expressly waived, then flus obligation shall be void,
otherwise it shall remain m full force and effect
PROVIDED FURTHER, that if any legal actmn be filed on this Bond, exclusive venue shall
he in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby supulates and
agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the
Work performed thereunder, or to the Plans, Specifications, Dravangs, etc, accompanymg the same,
shall in anywise affect its obligation on flus Bond, and at does hereby waive notice of any such
change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
PAYMENT BOND - Page 1
This Bond m given pursuant to the provisions of Chapter 2253 of the Texas Oovemment
Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent m hereby dsm/hated by ~e Surety hereto as the
Residen~ Agent m DEbrrON .County to whom any reqtaslte nouces may be dehvered and on whom
service 6fprocess rnay be had m matters arising out of such sure~slup, as pro,aded by Amcle 7 19-1
of the Ir~surance Code, Vernon's A~rmotated Civil Statutes of the State of Texas
~ WITN£SS WHEPd~OF, this nlstrument is executed m 4 copies, each one of wluch shall
be deemed an original, tlus the 4 day of November, 1997.
ATTEST PRINCIPAL Jagoe Public Co
Denton:
~ '~~ v'ic~ ~sIDENT
ATTEST SUKETY
ASSOCIATED ~NDE~NIT¥ CORPORATION
ATrORNEYIII'~-FACT
Rosemary Weaver
The Resident Agent of~e Surety m Denton Count, Texas for dehve~ ofnouce and service of the
process is
NAME' Willis Corroon Corporation of Texas
STREETADDKESS 1~55 Noel Road, Suite 400, Dallas, Texas 75240-6612
(NOTE Date of Payment Bond must be date of Conlract If Resident Agent is not a
corporation, give a ~ name )
PAYMENT BOND - Page 2
GENERAL
POWER OF
A'rrOR~EY ASSOCIATED INDEMNITY CORPORATION
KNOW ALL MEN BY THE~E PRESENTS That ASSOCIATED INDEMNITY CORPORATION a Corporauon duly organtzed and existing under the lav, s
presentsmakeconstltutear, dappolnt JOHN R. STOCKTON, ROSE~IARY WEAVER, jointly or severall~
DALLAS TX
and all bonds undertaking, recogmzances or other written obhgatlons ~n the nature thereof ...............................
and to bind the Corporation thereby as fulb and to the same extent as ~f such bonds were signed by the President sealed w~th the corporate seal of the
Corporanon and duly attested b~ its Secretary hereby raufymg and confirming all that the said Attorney(s) m Fact may do tn the premises
Tbas power of attorney ~s granted pursuant to Article VII Sections 45 and 46 of By laws of ASSOCIATED INDEMNITY CORPORATION now ~n full force and
effect
be hereunto affixed th~s 27t'h dayof All~llqi- 19 97
.... ~- ..... ~, CERTIlrlCATE
Stgncdands~ticdattheCountyofMann Datedthe ~ dayof ~-~m~ 19 ~7
III~I[rMII]0TICE
To OBTAIN TNFOIiI4ATJ:ON OR HAKE A COI4~LA/NT:
YOU HAY CONTACT THE TExAs DEPARTHENT OF
I'NSURANCE TO OBTAIN TNFOIINATJ:ON ON C()I4~ANZES,
COVERAGES, RIGHTS OR C()I,~LAINTS AT:
1-800-252-3439
You HAY I,/RITE THE TEXAS DF. HA~'mENT OF INSURANCE:
P. 0. Box 149104
AUSTXS, TX 78714-9104
F~x ~($12) 475-1771
PRENIIJH OR CLAIH DISPUTES:
SIIOULD YOU HAVE A DISPUTE CONCERNING YOUR
pRENIUI4 OR A~OIJT A CLA/H YOU SHOULD CONTACT THE
AGENT OR COI~AJJY FIRST. IF THE DISPIJTE IS NOT
RESOLVED, YOU HAY CONTACT THE TEXAS DEPAmH~NT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOIICE IS FOR INFORI4ATION ONLY All) DOES NOT
B£COHE A PAJIT OR COli)IHON OF THE ATTACHED
DOCLI4ENT.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention Is diractsd to the Insurance requirements below. It Is highly
recommended that bidders confer with their respective insurance carriers or brokers
to dstsrmlne in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent Iow bidder falls to
comply strictly with the insuranna requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obl,gaflons or liabilities of the Contractor, the
Contractor shall provide and malntsm until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
Indicated hereinafter.
As soon as practicable after notification of b,d award, Contractor shall file w,th the
Purchasing Department satisfactory certificates of ,nsuranca, containing the
number and title of the project. Contractor may, upon written racluest to the
Purchasing Department, ask for clarification of any ,nsurance requirements at any
time; however, Contractors ara strongly adwsed to make such requests prior to bid
open,ng, since the Insurance requirements may not be modified or waived after bid
opemng unless a written exception has been subm,tted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requ~raments shall
comply with the following general speclficat,ons, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shell be issued by a company authorized to do bus,ness in the
State of Texas with an A.M. Best Company rating of at least _~..
· Any deductibles or self-lnsurad retentions shall be declared ,n the bid
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its
AAAO0$110
,~vm-, ~o/~am4 Cl - 1
Insurance Requiremenl~
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
e® Name as additional insured the City of Denton, its Officaals, Agents,
Employees and volunteers.
ee That such Insurance is primary to any other Insurance available to the
additional Insured with respect to claims covered under the policy and
that this insurance applies separately to each insured agmnst whom
claim Is made or suit is brought. The inclusion of more than one
Insured shall not operate to increase the ansurar's limit of liability.
· All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non-renewal or reduction in coverage.
· Should any of the required Insurance be provided under a clmms-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
· Should any of the required ansurance be provided under a form of coverage
that Includes a general annual aggregate limit providing for claims
Investigation or legal defense costs to be included m the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance.
· Should any required Insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as reqmred 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.
~-vma~ ~o/~/~4 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained In satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
In compliance with these additional specifications throughout the duration of the
Contract, or longer, If so noted:
IX] A. General Liability Insurance:
General Liability Insurance with combined single limits of not less than
$1 million ¢$1.000.000) shall be provided and malntatned by the
contractor. The polloy shall be written on an occurrence basis either in a
single policy or in a combination of underlying and umbrella or excess
policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) Is used:
· Coverage A shall include premises, operations, products, and
completed operations, Independent contractors, contractual liability
covering this contract and broad form property damage coverage.
· Coverage B shall Include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall tnclude at least:
· Bodily injury end Property Damage Liability for premises,
operations, products and completed operations, independent
contractors end property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsemsnt)
covering this contract, personal injury liability and broad form
property damage liability.
AAAOO3ED
REVISED 10.2/84 Cl - 3
Insurance Requirements
Page 4
IX] Automobile Uability Insurance:
Contractor shall provide Commerolal Automobile LlablllW Insurance with
Combined Single Limits (CSL) of not leas than 41 million {$1.000.000} either
in a single policy or In a combination of basic and umbrella or excess policies.
The policy will Include bodily Injury and property damage liability arising out of
the operation, maintenance and use of all automobiles and mobile equipment
used in conjunction with this contract,
Satisfaction of the above raqulrament shall be in the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requ]raments for mauance
of such Insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an "Additional Insured"
b~ the Insurer shall agree to waive all rights of subrogation against the City,
113 officials, agents, employees and volunteers for any work performed for the
City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
REVISED lOrl2~o4 Cl - 4,
Insurance Requirements
Page 5
contractor's operations under this contract. Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same Insurance
company that carries the contractor's liability insurance Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Uability 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 port,on of a
City building. Limits of not less than each occurrence are requ,red.
[ ] Professional Liability Insurance
Professional liability insurance w,th limits not less than per claim
with respect to negligent acts, errors or omissions ~n connection with
professional serwces is requ,red under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear.
[ ] Additional Insurance
Other insurance may be required on an indlv,dual bas,s for extra hazardous
contracts and specific service agreements. If such additional ~nsuranca ~s
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications
AAA00360
Insurance Requirements
Page 6
ATTACHMENT I
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ('certlflcate')-A copy of a certificate of insurance,
a certificate of authority to self-insure ,ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurence coverage for the
person's or entlty's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) -
includes all persons or entities performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This includes, without limitation,
Independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prov,de services on the project.
"Services" include, without limitation, prowdlng, hauhng, or dehver, ng
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, off;ce supply deliveries, and
delivery of portable toilets.
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 prowding services
on the project, for the duration of the project
REVmED ~0/~2m4 CI - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing servtces on a
project, and prowde to the governmental entity'
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity wdl have on file certificates of
coverage showing coverage for all persons prowding servtces on the
project, and
(2) no later than seven days after recmpt by the contractor, a new
certificate of coverage showtng extension of coverage, ,f the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity ~n writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the proviston of
coverage of any person providing servtces on the project.
H. The contractor shall post on each project site a notice, tn the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AAA00360
REVISED 10/12;04 Cl - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1} 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 services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person prowdmg serwces on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage show.rig 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 prowde 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, If the coverage period
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental entity In writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the prows~on of coverage of any
person providing services on the project; and
r~"v,se3 ~o/~/04 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person wtth whom Jt contracts, to perform
aa 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 la 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, with
the commission's Division of Self-Insurance Regulation Prowding false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions ~s a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
w~thin ten days after receipt of notice of breach from the governmental
entity.
A~0360
.,~-v~s-, ~o,:~ Cl - 9
WORK DAYS
BID NO ._~
U S. 380 Utilivy Relocations PO NO --.
OV,~r)
BID TABULATION SHEET
[
I 21 Coairaclora WlLrralllles · _ I.q $ 24,066.1~),~ $ 24,066.C
UDil Price {{1 Wo~ds Twenty four thousand sixty six dollars and
no cenDs
IJol~ Price tll Wol~l~' 'l~trty dollars and no c~nt~s
Uflit Price iii Wo~ds: Thirgy five dollars and no ceni;s
~.'=~ I~'w~' ~ I ~ I$ ~'°~ I
U~Jt ~ce Jn WO~' Forty five dollars and no cenes
212-D{16'Wa~'liae 1,~7 J LF J$ 66.00LF 15110,022.0
Uilt[ P~lce ill WO~ Sixty six dollars and no cen%s
~t ~ ~ W~: On. hunted ~g7 f~ do~lar~ and no
U~ ~ ~ W~. ~ dollars and no cents
2 l~.~A lZ' ~TS~l{{ 70 ~ $ 66.00~ $4,620 OC
~ ~ ~ Wo~: Si~y slx dollars and no cen%s
2.12.~B 118'~,~7~C"9~ 1~ I~ Is ~.00~ I,~,~00.00
~ ~ ~ W~: ~nty fi~ dollars ~d no cents
2.=~ j142- ~.~ ~ ~, c-~ ," I ~ I ' ~o.oo ~ I'
8,880.0(
~ ~ ~ W~: Si~y dollars and no cen%s
2.1.3(4.~l ~' 75 J ~ I $ 20.00/~ { $ ~,500.0(
U~ ~ ~ W~: ~%y dollars and no cen%s
~., ,{~-.-o,.,:.,~f-w. _ } ~ { $~,ooo.o~ 1$~,0oo.o~
~ ~ ~ ~0~: ~ee %housand dollars and no cen%s
I
P-3
WORK DAYS
BID NO. 2109
U.S. 3B0 Utility Relocations PO NO.
BID TABULATION SHEET
3.12 ~.-o.~_,y ~r9_~_-~__ C~__,~_~o_! -- LS $1,500.0ffLS $1,500 oo
Unit l~iee in W_-,ds-'. one thousand five h%lndred dollars and no cents
3-B Remov. Conerem Curb & 20 LF $ 10.00/LF $ 200.o0
U~t l~ in W_~_~__~: Ten dollars and no cents
3-A R~_.__~_ e C, ma,e~ Pav_~ent 56 SY $ Io.oo/SY $ 560.00
~J~ P~{~ in Wolds: Ten dollars and no cents
Hyd__~_..-~.,_,l__o-h ~,178 SY $ 4.00/SY $ 4,712.00
fJ~t l~c~ in Words: dollars rand no cents
5-A Air _u,l,~ Vnlve 1 EA $1,000.0~A 1,000.00
5.8-A Co_-___-re~ Pav_.~z~t 56 SY $ 45.00/SY $ 2,520.00
~J~t ~ in WoIdB: Forty five dollars and no cents
8.1 Waning $ ns & -- $ 5,000.0 LS $ 5,000.00
~t l~ in WO~: Five thousand dollars and no cents
$P-2 C_~em~wCut 322 LF $ 4.00 /LF
~J~ l~ ]n Wo~ dollars and no cents
SP-IO ~_,~__ _n-_~v-~__~ ~0 $ lOO.OO/c~ ooo.oo
~J~ ~I~ ~l~ W~: hundred dollars and Bd cents
$P-~7 1,910 L~ $ 3.00 fl-~ $ 5,730 00
~J[~[t ~ in Wo~d[: Three dollars and no cents
SP~O Cut & l~ug W~mgn~ 9 EA 1,ooo.offiA $ 9,ooo.oo
~t P~C~ in Wolds: One thousand dollars and no cents
P-4
WORK DAYS 40
BID NO
U.S 380 U~l~t~ Relocations PO NO.
BID TABULATION SHEET
SP-45 Misc. Sprinkler System -- LS $ 5OO.OO/LS $ 5oo.oo
Ad~-~tm~nt
Unit Price in Wolds: Five hundred dollars and no cents
[ .
Ullit 1~i~ tll WOldS: Four hundrc~:l dollars and no ¢~nts
Ul~t 1~ ~ ~Old$: Sc~'~n hundred dollars and no esnts
Unit Price ill WOldS. Nine hundred dollars and no cents
lJlfit Price ils Wolds: One hundr~:l ten dollars and no
~ffit ~ tn WOffiE ~ h~dred ~h~y do~lar~ and no
I
I'
~5,00
300.00
~t ~ ~ Wm~l: ~fg~ dollar~ and no
~ ~ ~ W~: ~e do[Jar and no e.n~
~.~.~'~ I~' ~ ' ~ ~ I' ~oo.oo~ ~ ~oo.oo
U~t ~ ~ W~: Fi~ h~dr~ dollars and no cents
2.13.1-B lS'V~ I t ~ ~$ 65o.o0~$ 650.00
~t ~ ~ W~: Six h~dred fifby dollars and no cenbs
~t ~ ~ WO~: ~o ehou~and doi~ar~ and no
P-5
WORK DAYS 40
BID NO
U.S 380 U~i~ ReiocaUons PO NO
OVa)
BID TABULATION SHEBT
2 13 I-D 16" Valve I F..A $ 3,500.0/F_.A $3,500.00
Unit Plice {" Wolds. Three thousand five hundred dollars and no
2 13 l-E Valve I EA O00.Ot~,~
U~! ~ {n WoI~: Twenty five thousand dollars and no
SP~4 Fh~ Hydmm 2 BA ?o0.00~A $ 1,400.00
Unit ~ ,n Words: seven hundred dollars and no cents
214 { Fke Hydro-- As~nbly 9 { ]~a~ { $1,900.0{~d~ I $17,100-00 i
U~i P~ce {n WoI~8 One thousand nine hundred dollars and no cents
SP-42 Valve-~,nek 12 I F.A 1$ 300.00/F~A l$ 3,600.00
Unit Price in Wo~ds' Three hundred dollars and no cents
5 7-B D ~?~,lt Pe~h 30 $ a0.00 /TN 2,400.00
Unit ~ in WOl~: Eighty dollars and no cents
2.1g.g~B O-,,~ 7 -_~_~_! C_~_,i,.a ~0 30.00 /LF $ ~,500.00
Unit Prk~ in WoI~: Thirty dollars and no cents
Bore & Orout 72 LP $ t68.00/LP$
~Jni[ Ptk~ {n Wol~: one hundred sixty eight dollars and no cents
TOTAL $ 505,405.00
P-6
WORK DAYS 40
BID NO 2109
U.S. 380 U~ity Relocauons PO NO --
(semmr~ Sewer)
BID TABUI~TION SHEET
I 21 Contractors WalTilnti~ & -- ~ IS 10,470.~ IS10,470.0(
no . s
Unit Price {n Wofd~: Ten thousand four hundred seventy dollars ~Ced-n
212 {2,"-~.nitnrysewerC'""."' 3 { ~k {IS1,200.0UF-A 153,600.00
U{~lt Pl'IC~ {n Wolds One thousand two hundred dollars and no cents
212-F ls's,ni~,ysewer 83 I LP {S 5900~F 154,897.0c
U~lt ~C~ {n Wot{J{: Fifty n~ne dollars and no cents
Unit Pllc~ {n Wolds Forty six dollars and no cents
Umt PI~ m Wolds. Fifty dollars and no cones
2 12-7 16" Smel ~-{utry Sewer 193 LF $ 80.00/LF $15,44o.0¢
Unit ~{~ {n WOi~: ~-ighty dollars and no cents
2 i2.9-A 12" ~ 7 S~I 5plk 5? I.,F IS 66.00 ~ IS 3,762.0(
UiI~ PrJc~ in Wolds: Six~cy s~x dollars and n~ cents
Unit PrJc8 {n WOI~: Twenty five dollars and no cents
U~lt ~ ill ~t:1~11~: ~hirt7 fiw dollars and no cent. s
3.1 l~flo~ of Risht-of-W~j -- I~ $3,ooo.odI~ $ 3,0o0.00
UId~ ~ in Wor~' ~r.e thousand dollars and no cento
Umt Price in Words' Two thousand dollars and no cents
P-7
WORK DAYS 40
BID NO ~ ! no
U $ 380 U~y Relocagous PO NO --
(samm7 s~w~)
BID TABUI~TION SHEBT
3-B P.~move Con~ Curb and $ LP $ 10.oo/LF $ 50.00
Unit Plice k Words Ten dollars and no cents
Unit ~ hi Words: Four dollars and no cents
Vlffi ~ tll Wolgs: On~ hundred ten dollars and no cents
64-E 127"Bo~andOrou~ 140 [ I~ 15190.00 /L l; 1526,600.G
Unit ~ in WOldS: One hundred ninety dollars and no cents
Unit ~ ~ll WoRls: on~ thousand s~-~mn hundr~:l dollars and no cen'
Vlll~ !~'i~ ~ll WOillS: Four thousand dollars and no c,nfs
8.1 hrrkade Wmnb~ SIsm & -- LS $ 3,ooo.o~S $3,000.00
U~ Pr~ Jfl Wo~s: Three thousand dollars and no cents
U{{~ ~ {{l WOI~: Ten dollars and no cents
U~[~I~ ]11 W~: one ~housand three hundred~dollars and no cent~
$
5,000.0~
U~ ~ ~ ~o~' One hundred dollars and no cents
~p.,? [W-~--.a,. __p~m,,~ 2,000 [ LF 15 1.00 /LF [$2,oo0.0(
Unit ~ {{1 ~ogd~' one dollar and no cents
P-8
WORK DAYS 40
BID NO 2109
380 Utility Relocations PO NO
(Samtary Sewer)
BID TABULATION SHEET
Umt Pnce m Words /one thousand dollars and no cents
$P-45 Sp.,,~m-. Synt.,- -- LS $ 500.00~S $ 500.00
PI~ In Wofd~ hundred dollars and no cents
W$-30 Brenk Into nnd Rebuild Invert I EA $1,200.0~EA ;1,200.00
Unit ~f~(~ in Wofd~: one thousand two hundred dollars and no cents
Ulllt PI~ in Wofd~ Two thousand five hundred dollars and no cents
UIilt ~ m Wofd~ Twenty dollars and no cents
SP-4) Saw Cut 30 LF $ 1.o0/IF $ 3o.oo
Ullit Pltee in Word~: one dollar and no cents
7-B ~,.hnlt p~eh Tyim D I TN $ 100.00/TN
Ul~it ~ in Wo~d8: one hundred dollars and no cents
Wa _~n,#nn_ AdJust.
Ui~lt ~ in Wotd~: Three thousand dollars and no cen~:s
V~ ~1~ [n Wo~: one thousand ~wo hundred a.Dd no cents
V~ ~ in Wo~d~: Fot~r hundred dollars and no cents
I $ 219,869.00
P-9
WORK DAYS .5
BID NO 2109
U.S. 380 UgHty Relocations PO NO.
BI]) TABULATION SItP_,ET
m,~i__c Duct _~k 331 LF $ 15o. oo/LF
Unit Plic~ in Wol~: [ one ~,mdred fifZy dollars and no cents
Unit Prlco in Wonis:
$ /
Unit ~ in Words:
S / $
Unit Prico in Words:
/ $
Unit PHc~ in Words:
$ / S
Unit Prico in Words:
$ !
Unit l~ico in Words:
$ / S
Unit Price in Wonls:
$ ! $
Unit Prloo in Worth: ·
Unit Pdoo in Words:
$ / $
Unit ~ in Wo~ds:
$ ! $
Unit Price in Words:
P- 10
WORK DAYS 10
BID NO 2109
U S 3~0 Utility Reloc~uons PO NO
BID TABULATION SHEET
2 24 C,.,_b!o- Mattm~ 338 SY $ 55.00 ISY $18,590.0
Ull t ]¥iCe in Wol'd~ Fif%y five dollars and no cen%s
U~ t 1~t~ In Word~:
U~ t Price m Words
I.l~ t Pn~ m Word~'
/
Unit 1~ m Word~
$ ! $
Unit 1~ tn
t $
$ !
Untt ~ in Wo~l~:
! $
I
unit l%rke ~- Words
P-Il
BID SUMMARY
TOTAL ~ID PRIC~ IN WORDS S~en hundred seven%¥ four thousand nine hundred
twenty four dollars and no cents
In the ~e~lt of tho award of a con~act to the undexsi~ned, the tmdersi~ned will fonush a
per~ bond and a payment bond for the full amount of the contract, to secure proper
complin~ with the te~ns and provisions of the conlract, to insure and ~,uaranten the work until
final completion and ac~ce, and to suarantee payme~tt for all lawful chums for labor
performed and mat~ fu~ed in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, whe~ fully completed and
finished in a~ce with the plans and sp~caflons, to the satisfaction of the Hagmeer
The undm'sl~ed ce~ifles that tim bid prices contained in this proposal have been carefully
cbeck,*diand at~ submitted as correct and fmni.
Unit and lump-sum prices as shown for each ttem hsted tn th,s proposal, shall control over
B-I
BID SUIVflVtARY
SECTION WORK DAYS BID
Wat~- Relocauons 40 $ 505,405.00
Sewer ReiocaUom 4~ $ 219,869.00
~lecl/'Jc Dllct Bank ~ $. 49,650. O0
TOTAL 8~ $ 774,924. oo
Oab~on Mattrm~ 10 $ 18,59o.oo
Award of the bid will be based on the total One contractor wtH be selected to complete all
secuons of th~.~ project Sections am being separated for bookkeeping purposes only The
Onbion Matmess work is an add~ttve alternate so 10 work dnys and the addtuonal b~d price for
the matress construction will be added to the coaU'act if the C~ty of Denton vnshes to have that
work included
B-2
.... ,,~, ~ , II lUUEn Al A MA'rT'ER OF II INLY AND
RAU~ i ~Ne INSUflANOE POUCIEB BELOW
~IS I~ TO CE~ ~AT ~E ~UCI~ ~ INgU~CE US~ ~lnW HAVE B~ ISSU~ TO ~E INSU~D N~EO A~VE FOR ~E ~CY p~IOD
INOICA~, NOOn. DING ~Y REOUIR~ENT, ~RM OR COND~ON 0F ~Y CON~T OR O~EA O~UM~ W~
~E~A~ MAY BE I~UEO OR MAY p~N
~CLU~IONS ANO CONDITIONS OF SUCH POUCI~