1996-073 ORDINANCE NO O~ "'O~.-~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVD1NG FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR TIlE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated compentlve bids for the
construction of pubhc 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 hereto described b~ds are the lowest responsible bids for the construction of the public
works or ~mprovements described m the bid invitation, bid proposals and plans and specifications
there~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction ofpubhc works or
improvements, as described ~n the "Bid Invitations", "B~d Proposals" or plans and specifications
on file in the Office of the City's Purchasing Agent filed according to the bid number assigned
hereto, are hereby accepted and approved as being the lowest responsible bids
BID
NLIMBER CONTRACTOR AMOLINI
1870 PIONEER PAINTING AND CONTRACTING $114,550 00
1880 JAGOE PUBLIC $120,748 00
SECTION II 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
SEC. IIO_NE 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 with the Notice to Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein
SECTION IXZ That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City
Council hereby authorizes the expenditure of funds in the manner and in the amount as specified
in such approved bids and authorized contracts executed pursuant thereto
SECTION V That thru ordinance shall become effective ~mmedlately upon its passage and
approval
PASSED AND APPROVED this the~&d/_ day of ~/,1996
BOB CASTLEBERRY, MAYO~ ~
/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~~2~ ~ ~4~
CONTRACT DOC
DATE APRIL 2, 1996
CiTY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM R~ck Svehla, Acting City Manager
SUBJECT BID # 1870 - RENOVATION TO THE AMERICAN LEGION BUILDING
RECOMMENDATION: We recommend th~s b~d be awarded to the lowest b~dder, P~oneer
Painting and Contracting, ~n the mount of $114,550 00
SIIMMAR¥. Th~s bid ~s for the renovation to the American Legion Bmldmg located ~n Fred Moore
Park The award is for the base b~d only w~thout alternates Included m the renovation are required
demohtlon, roofing, cabinets and counter tops, doors, w~ndows, floors, s~gnage, fire extmgutshers,
and other related activities
~ Tabulation Sheet
PROGRAMS; DEPARTMENTSDRGROiJP~LAFFECTED. Parks and Recreation Department,
American Legion Members, and C~t~zens of Denton
FISCAL IMPACT: This project w~ll be funded from Community Development Block Grant
(CDBG) Funds
Respectfully submnted
Rink Svehla
Acting City Manager
Approved
Name Tom D Shaw, C P M
T~tle Purchasing Agent
724 3,GENDb,
~ z z
DATE APRIL 2, 1996
CiT_Y_COUJSICIL REPORT
TO Mayor and Members of the City Council
FROM Rick Svehla, Acting City Manager
SUBJECT BID # 1880 - SYCAMORE STREET 6" WATERLINE
RECOMMENDATION. We recommend this bid be awarded to the low bidder, Jagoe Public, in
the amount of $120,748 00
,qIIMMARY: Thts bid is for all materials and labor necessary in replacing the 8" waterline between
Welch and Carroll with a 6" waterline With construction of the Sycamore Street 20" upgrade
waterline the 8" waterline may be decreased to 6" Sycamore Street is scheduled for repavlng, and
by replacing the waterline now, cutting the street after paving will be avoided
Three proposals were received ~n response to ninety-two notices to bid mailed to contractors
BACKGROIIND: Tabulation Sheet, Memorandum from Jerry Cosgrove, PUB backup
PROGRAMS: DEPARTMENTS OR GROIIPS AFEECIED. Water and Sewer Ut~htles, Water
Utility customers of the City of Denton
FISCALly' Budgeted funds for 1996 CIP construction waterline replacement
Respectfully submitted
Rick Svehla
Acting C~ty Manager
Prepared by
Name Denise H~ool~
Title Semor Buyer
AP~~.~N~
Name Tom D~ Shaw, C P M
T~tle Purchasing Agent
721 AGENDA
CITY of DENTON, TEXAS MUNICIPAL BUILDING · 215 E McKINNEY , DENTON, TEXAS 76201
(817) 566-8200 * DIqA/ METRO 434-2529
MEMORANDUM
DATE March 20, 1996
TO Gerald Cosgrove, P E Engineering Administrator
FROM David Salmon, P E Senior Civil Engineer
SUBJECT Sycamore Street 6" Waterline
Bids were opened on the sub3ect project on March 14th, 1996 The
low bidder was Jagoe Public with a bid of $120,748 00 The
Engineering Dlvlslon estlmated this pro3ect at $128,351 Jagoe
Public has constructed many similar waterlines in Denton with
excellent results The bid price is also reasonable I recommend
that the C~ty Council award the bid for Sycamore Street 6"
Waterllne to Jagoe Public
David Salmon
"Dedtcated to Quahty Servtce"
March 18, 1996
PUBLIC UTUATIF~ BOARD AGF2qDA ITEM
TO: CHAIRMAN AND MEMBER OF ~ PUBLIC UT~.rI~-~ BOARD
FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER BID OPENING NO. 1880 FOR CAPITAL IMPROVEMg~NT
PROJECT SYCAMORE 6 INCH WATEI~LEqE.
RECOMMIZNDATION:
The Utthty Staff and Pubhc Works Hngmeermg Depmtment recommefld award of the
contract to Jagoe Pubhc Construction Co for the amount of $120,'/48 00 for the
construction of Sycamore Waterline Replacement
SUMMARY:
Bids were opened March 14, 1996, with a total pamcxpation of 3 indders Jagoe
Pubhc Constructton Co of, Denton, Texas is the lowest q,_~ht'u~d b~dder Jagoe
Pubhc is approximately $11,000 under constructton budget including the estimate
charge for asphalt patohmg and $7,000 under the engineer's e~qtimate The total
project cost is $13,750 under budget
The bid does not include asphalt patching The Engineering and Transpertatton
Depamnent will perform flus serv~ee for $2 00 per square foot of patch The area to
bo patched wdl bo determined after the contractor has completed work The estimate
for patching is $21,000
BACKGROUND:
During construction of the Sycamore 20 mch upgrade waterline project the erastmg 8
tach waterline between Welch and Carroll was discovered to bo m poor condition and
contained lead sorvxees The Street Department wdl also bo repaying the street By
replacing the 8 tach it wdl insure that the new pavement will not have to bo excavated
to do mamtenanee problems m the area
Page 2
FISCAL IMPACT:
A total of $173,000 is budgeted m revenue funds for the Fiscal Year 96 CIP for construcUon
of the water ~-placement See l]~dublt V (Fund Analysis) for more detad
AGENCHr-~{ AFFECTED:
The Cmzens of Denton, Denton Mumcipal Utthties, The C~ty of Denton Engineering and
TransportaUon Depmtaient and J'agoe Pubhc
Respectfully SubnuUed,
R B Nelson, ExecuUve Director
Utilities
Prepared by
Gerald P Cosgrove, P E
Engmeenng Adm,mstrator
Approved by
Howard Martin, Director
Bnv~ronmental Operations
Exlub~t I LocaUon Map
Exlubl~ H Project Cons~derauons
Exlubit llI Bid Summary
Exlub~t IV Fund Analysis
Exhibit V CIP Detad Sheet
I
m GREGG ~ ~
I II IIw oA
> >
SYCAMORE >
-J STROUD
CHESTNUT Z '-J
PRAIRE CD:
HIGHLAND (/)
., FANNIN
COLLINS
~ i~ "'l IF "IF/
Il ~c~o~ EXHIBIT ~
DRA~I BY DANIEL BROWN SCALE 1" =600'
PROJECT CONSIDERATIONS
SYCAMORE WATERLINE REPLACEMENT
· The Street Department will be repavlng Sycamore Replacing the existing waterline will
insure that the new pavement will not have to be excavated to perform maintenance
· The existing waterline is in poor condition and would have to be replaced soon, even if
the street was not being paved
· The project is within budget
EXHIBIT
BID OPENING # 1880
MARCH 14, 1996
BID SUMMARY
SYCAMORE STREET 6" WATERLINE
ITEM CONTRACTOR/ SYCAMORE 6" DAYS BOND
NO OFFICE
1 JAGOE PUBLIC $120,748 00 30 YES
DENTON, TX
2 DICKERSON $120,797 00 30 YES
CELINA, TX
3 DBR CONST 128,772 00 30 YES
DENTON, TX
EXHIBIT ill
SYCAMORE 6" WATER LINE PROJECT
FUND ANALYSIS
ACTUAL/
DESCRIPTION BUDGET ESTIMATE
ENGINEERING DESIGN $8,000 00 $4,517 00 ACT
SURVEY $4,000 00 $0 00 ACT
INSPECTION $8,000 00 $8,000 00 EST
ASPHALT INCLUDED IN CONSTRUCTION $21,000 00 EST
CONSTRUCTION $1531000 00 $120~748 00 BID
TOTAL $173,000 00 $154,265 00
I(OVER)/UNDER BUDGET $18:735.00 I
EXHIBIT IV
II ~O ~,,AHI I AL tMHHUVt::MI::N I Pt-~,,)JI:G i ~¢ 96-0461-07
PROJ TITLE (R) REPLACE WATERLINES - SYCAMORE
~ ESTIMATED COST $173 (x 1000)
GROUP ASSIGNMENT 5
ii DESCRIPTION Replace 2,070 feet of 6 inch waterline
I1 on Sycamore, Carroll to Welch
I1 PURPOSE Replace. deteriorating waterline and lead
~l~qC8 Iin88
Design cost estimate $12,000
COST Conatnmflon cost $161,000
CALCULATION Total ~
FUNDING REQUIREMENT8 ENCUMBERANCE~JCA~H EXPENDITURES (In Dollars x 1000)
First Qtr. Second Qtr. Third Qtr. Fourth Qtr
ENc ~xP ENc ;x~ ENC EXP ENC EXP
lgg6 1.1 81 0 80 0 0 0 0
1997 0 0 .0 0 0 0 0 0
19~) 0 0 0 0 0 0 0 0
ENCUMBERANCES CASH EXPENDITURE~
BOND REV NC OTHER TOTAL BOND REV AIC OTHER TOTAL
I TOTAL 18'r YR $0 $161 ~0 $0 $161 $0 $161 $0 $0 $161
TOTAL END YR 0 0 0 0 0 0 0 0 0 0
TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0
GRAND TOTAL $0 6161 $0 ~) S161 $0 $161 $0 $0 $161
I ENCUMBERANCE DATE8 Encombe~d u ~pent.
PHASE DATE AMOUNT OBJECT#
Eflginoaring Oeaign 03/96 S 8 8560/8563
Ilupecam 10/06 $ 8
I Ccostructlco 01/97 $153 9114
Miace~laneco8
ENCUMBERANCE TOTAL $161
COMMENTS This ts a munflyenr project begmning in 1996
Eflcumbornnce8 Priorto 1996 $ 12,000
k Cuflront CIP $161,000
Total Project Budget ~//a,uuu
EXHIBIT V
3/22ms o 34 P9
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this ~ day of
APRIL A.D., 19 96 , by and between
· r~ CITY OF DENTON
of the County of DENTON and State of Texas, acting
through T~,, ~av~ n~..q
thereunto duly authorized so to do, hereinafter termed "OWNER," and
pTnma~w PAll~TING AND CONTRACTING
9304 FO_~_~-~T ?~, SUITE 126
D~T.?.~, '"~&-q 75243
of the City of D~TJ~ , County of D~r~
and State of ~ , hereinafter
termed "CONTRACTOR"
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1870 - R~NOVATION TO '£~- AMERICAN LEGION BUILDING
in the amount of Sl14.550.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance w~th the conditions and prices stated in the
Proposal attached hereto, and ~n accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - I
blueprxnts, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
·f[E ARC~ITECTu~.~L COLleCTIVE, INC.
all of which are made a part hereof and collectively evidence and
constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker,s
compensation, or any other City employee benefit City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, lnvltees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the 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 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 this agreement in the year and day first abov~tten.
ATTEST:
!
(S~L)
~ILING A~DRES S
F~ ~ER
TITLE
City N{{o~n~' '
AAA0184D
Rev. 07/28/94
CA - 3
PAYMENT BOND - PERFORMANCE ~BOND
MAINTENANCE BOND
NO: PR-251-960604
PRESERVATION REASSU~NCES OF DUBLIN
~LIMITED
ONBEHALF OF
BOND NO PR-251-9606Q4
PERFORMANCE BOND
STATE OF TEXA~
COUNTY OF D~"~ON
KNOW ALL ~4EN BY THESE PRESENTS: That PIo~-. Pa/NTING
~a~ , of the City of D;T.T~
County of . D~ , and State of
as PRINCIP~, and PRESSRVATION REASSURANCES 0F DUBLIN [IMI/ED A PRIVAIE GUARANTOR
, as S~ETY, au~orized under the laws
~e State of ~exas to act as s~ety on bonds for prlnciDals, are
held and fi~l~ bound unto ~e -~-~ cI~ 0P D~
as 0~, In t~e penal s~ of 0~ ~D ~'~ ~ F~
FI~ ''~ .~t~n. Dollars ($ ~4.~o_o0 ) for the
pa~ent whereof, the saxd Principal and S~ety blnd ~emselves, and
~elr belts, 9dministrators, executors, successors and assigns,
Jointly and seNerally, by these presents:
~S, the Prxncipal has entered ~nto a certain ~itten
contract wl~ khe O~ER, dated ~e 2 day of ~L ,
19 96 , for ~e construction of ~n [ xaTo - ~ ~ ~ ~
whf~ contrac~ ~ hereby referred to and made a part hereof as
fully and to ~e same ext~t as if copied at l~gth herein.
NOW, TH~FORE, ~e condition of th~s obligation is su~, ~at
If the said pr~nclpal shall fal~fully perfo~ said con~act and
shall ~n all ~espects, conditions and agre~ts mn and by said
con~act a~ee~ and covenanted by the Principal to be observed and
perfo~ed, an~ according to ~e t~e 1ntent ~d meaning of
contract an~ ~e Plans and Specifications hereto m~exed, ~en ~his
obligatiom sh~ll be vol~; othe~lse to r~amn in full force and
effect;
PROVIDED,, HOW~, ~at th~s bond ls executed pursuant to
provisions of ~the Texas Gover~ent Code, ~apt~ 2253 (Vernon, as
cu~ently amended), and all 1labilities on ~ls bond shall be
dete~ine4 in ~ccordance w~ said prov~slons to ~e same extent
if ~ey were ~pled at length here~n.
PB - 1
PROVIDED ~URTHER, that if any legal action be filled upon this
bond, venue sh~11 lis in Denton County, State of Texas.
surety, ~or value reoeivecl, stipulates and agrees that no
change, ~e~-~on of time, alteration or addition to the terms of
~he-contraot, or to the work performed thereunder, or the plans,
speclflcations~ or drawings accompanying the same, shall in any .way
affect, its obl~gation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of ~he contract, or to the work to be performed
~hereunder.
IN WITNESS W~-REOF, the said Principal and Surety have signed
and sealed thl~ instrument this 4TH day of JUNE
1996
PRESERVAIION REASSURANCES OF DUBLIN
PIONEER PAINTING % CONTRACTING LIMITED A PRIVAIE GUARANTOR
Pri~pal Surety
ADI NIR l DAVID M NOVICK
Tltle P~gTDFNT I~ Title~TTO~N~¥~N-FA~,T
"10
A~dress: Address: THIRD PARTY ADMINISTRATOR
9304 FOREST L~NE #126 23112 S W 54TH AVENUE
DALLAS, TX ~5243 BOCA RATON, FL 33433
The name and s61dress of the Resident Agent of surety ls=
N/A
NOTE: Date o~ Bond must not he prior to date of Contract.
AAAO184D
· ,.v. 07/2a/94
PB - 2
BOND NO PR-251-96~604
PAYlv NT BOND
STATEr OF TEXA~
cOUNTY OF DENTI)N
, KNOW .,~¥~, MEN BY THESE PRESENTS: That ~'r*"~K.e
CON~aCTn~. of ~he City of
County of m~ , an~ the State of ~ ,
as prznc~pal, ~nd PRESERVATION REASSURANCES OF DUBLIN LIMITED, A PRIVATE GUARANTOR
authorized un~r the laws of the State of Texas to act as suret~ on
bonds for pri~ipals, are hel~ an~ fi~ly boun~ unto
~ ci~ ~::D~N , O~, in the penal s~ of
for ~e pa~nt whereof, the sai~ Principal an~ Surety bind
themselves an~ their hel=s~ a~lBls~ators~ executors, successors
and asmlgns, ]~ntly an~ severally, by ~ese presents:
~ ~e Principal has entered into a c~tain ~itt~
contract wl~ the ~, dated ~e ~ day of
19 96 .
BID % 1870 - m .~m~ATION TO '~'~ i~N~I~ICAN LP~GION BUILDING
to which contract zs hereby referred to and made a part hereof as
fully and to He same extent es if copie~ at length herein.
NOW, T~EREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the sa~d Principal shall pay all claimants supplying labor
and material ~0 him or a s~tbcontractor an the prosecution of the
work provided ~for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provision~ of the Texas Government Code, Chapter 2253 (Vernon,
as currently %mended), and all liabilities on this bond shall be
determined in~ocordance with said provisions to the same extent as
if they were ~opied at length herein.
PB - 3
Surety, for value received, stipulates and agrees t~hat no
change, extension of timer alteration or addition to the terns of
the contract, or to the work performed thereunder, oF the ~ans,
specificatien~ or drawings accompanying ~he sane, shall ~n any wa~
affe~its ?~ga~ion on this bond, and it does hereby waive notice
of any su~ ~ange, ~ens~on o~ time, situation or addition to
~e ~e~s of ~e contract, or to the work to be perfo~ed
there~der. ~
IN WI~SS ~EREOF, the sa~d Principal and Surety have
19 96 .
PRESERVATION REASSURANCES OF DUBLIN
PIONEER PAINTING!I& CONTRACTING LIMITED A PRIVATE GUARANTOR
ran ljpa~ ~j Surety
~DI NIR "-- ~ DAVID M NOVICK
· lt le PRES IDENT I ?ttle ATTORNEY- I N- F^~ F
~dclres$: THIRD PARTY ADMINISTRATOR
Address: ~
9304 ~0REST tANE #126 23112 S ~ 54TN AVENUE
DALLAS~ TX 75243 BOCA RATON~ FL 33433
The name and ~ddrese of the Resident Agent of Surety
N/A ~
AAA0184D
Soy. 07/28/94
PB - 4
BOND NO PR-251-96060~
THE STATE.,~ ~XAS S
c~UNTY OF DENTON S
KNOW ~r,~r. MEN BY THESE PRESENTS: That P~ ~AIN~IN¢ AND
~ as Principal, and PRESERVATION REASSURANCES OF DUBLXN LIMITED
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the city of Denton, a Municipal Corporation of the State
of Texas, 1ts successors and assigns, at Denton, Denton County,
Texas, the su~ of ~ Tl~ FO0~ HUNDRED PIFTY
Dollars ($ ~1.~ ~o ), ten (10%) percent of the total amount of
the contract fpr the payment of which sum said prlncipal and surety
do hereby b~nd themselves, their successors and assigns, 3ointly
and severally~
Th~s obligation is conditioned, however, that:
WHEREAS~ sa~d PION~P~NTINGANDCONTI~'~0~NG
has this day entered into a written contract with the said city
of Denton to build and construct ,BID % 1~70 -RI~IOVA~IONTOT]I~
which contract and the plans and spec~fzcat~ons therexn mentioned,
ad.ted by the City of Denton. are f~led with the City Secretary of
said City and are hereby expressly ~ncorporated herein by reference
and made a par~ hereof as though the same were wrltten and set out
in £ull herel~, and;
WHEREAS, under the said plans, specifications, and contract,
~t is provlde~ that the Contractor will maintain and keep in good
repair =he woEk therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair cf any
defective con~i~ion growing out of or arising from the improper
constructlon~fthe improve~aents contemplated bysald contractor on
constructing the same or on account of Lmproper excavation or
backfilling, ~t being understood that the purpose of this section
is to cover al~ defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fall to repair, reconstruct or maintain
said lmprove~ents it is agreed that ~he City may do said work in
MB - I
accordance wi~h said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, apd said Contractor and surety shall be subject to the
damages in sa~d contract for each day's fail.ute on the part of
Contraotgr t~:comply with the terms and provisions of said contract
an&thi~
NOW, ~EREFORE, if the said Contractor ~hall perform its
agreement to ~aintazn said constructzon and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, the~ ~hese presents shgll be null and void and have no
further effect; otherwise, to remain in full force and effect.
It Ls further agreed that this obligation shall be a
continuing on~ against the Principal and Surety and that successive
recoveries mgy be had hereon for successive breaches of the
conditions heFein provided until the full amount of this bond shall
have been e~haustedf and it KS further understood that the
obligation t~ maintaLn sa~d work shall continue t~oughout sa~d
maintenance p~rlod, and the same shall not be changed, diminished,
or in any maker affected from any cause during sa~d ~ime.
IN WIT~ESS WHEREOF, the said PIO]~E~ING PAINTING AND CONTRACTING
as Contracto~ and Principal, has caused these presents to be
executed by ADI NIR - PRESIDENT
and the sai~ "PRESERVATION REASSURANCES OF DUBLIN LIMITED A PRIVATE GUARANTOR
as surety, ha~ caused these presents to be executed by zts
Attorney-in-Fact DAVID M NOVICK
and the said ~ttorney-in-Fact has hereunto set his hand this 4TH
day of JUNE. , 19
~U~T~: PRESER~IATION REASSURANCES OF DUBLINPRINCIP~:IPIONEER PAINTING AND
~I'~ITE~ A PRIVATE GUARANTOR ~CONTR~ING
BY:
DAV,D NiR
Attorney-in-F~ct PRESIDENT
A,~.A0184D
R~v. 0?/28/94
MB - 2
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance reqmrements below It is highly
recommended that bidders confer with thmr respective insurance carners or brokers
to determine In advance of Bid submlsmon the avadabdlty of insurance certificates and
endorsements as prescnbed and provided herren If an apparent Iow bidder falls to
comply strictly w~th the insurance reqmrements, that bidder may be d~squahfled from
award of the contract Upon bid award, all insurance requirements shall become
contractual obhgatlons whIch the successful bidder shall have a duty to malntmn
throughout the course of this contract
STANDARD PROVISIONS'
W~thout hm~t~ng any of the other obhgat~ons or habd~t~es of the Contractor, the
Contractor shall prowde and ma~ntmn untd the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the m~mmum insurance coverage as
intimated hereinafter
As soon as practmable after notification of bid award, Contractor shall hie w~th the
Purchasing Department satmfactory certffmates of insurance, containing the b~d
number and t~tle of the project Contractor may, upon written request to the
Purchasing Department, ask for clanfmat~on of any ~nsurance requirements at any
brae, however, Contractors are strongly advmed to make such requests prior to b~d
opening, since the insurance requirements may not be mod~hed or waived after b~d
open]'ng unless a written exception has been submitted w~th the b~d Contractor shall
not commence any work or del,ver any matenal until he or she recmves notification
that the contract has been accepted, approved, and mgned by the City of Denton
All insurance policies proposed or obtained m sabsfact~on of these requirements shall
comply w~th the following general specifications, and shall be maintained m
comphance w~th these general specffmat~ons throughout the duration of the Contract,
or longer, ff so noted
· Each pohcy shall be ~ssued by a company authorized to do bus~ness ~n
the State of Texas w~th an A M Best Company rating of at least
· Any deductibles or self-~nsured retentions shall be declared ~n the b~d
proposal If requested by the C~ty, the insurer shall reduce or ehmmate
such deductibles or self-insured retentions w~th respect to the C~ty, ~ts
AFFOOBAI
REVISED 10112/~4
Insurance Requirements
Page 2
ofhc~als, agents, employees and volunteers, or, the contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claim adm~mstrat~on and defense expenses
· L~abd~ty pohcms shall be endorsed to prowde the following
®· Name as additional ~nsured the C~ty of Denton, ~ts Ofhc~als,
Agents, Employees and volunteers
· · That such insurance ~s primary to any other ~nsurance avadable to
the additional ~nsured w~th respect to claims covered under the
pohcy and that th~s insurance apphes separately to each insured
against whom claim is made or su~t ~s brought The inclusion of
more than one insured shall not operate to ~ncrease the insurer's
hm~t of habd~ty
· All pohc~es shall be endorsed to prowde 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 period of three years
beyond the contract expiration, such that occurrences arising during the
contract term which g~ve rise to claims made after expiration of the
~ contract shall be covered
· Should any of the required ~nsurance be prowded under a form of
coverage that includes a general annual aggregate hm~t providing for
claims investigation or legal defense costs to be included m the general
annual aggregate hm~t, the contractor shall e~ther double the occurrence
hm~ts or obtain Owners and Contractors Protective L~abd~ty Insurance
· Should any required insurance lapse during the contract term, requests
for payments ongmat~ng after such lapse shall not be processed until the
C~ty recmves satisfactory ewdence of reinstated coverage as required by
th~s contract, effective as of the lapse date If ~nsurance ~s not
reinstated, C~ty may, at ~ts sole option, terminate th~s agreement
effective on the date of the lapse
AFFOOBAI
REVISED 10/12/94
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS.
All ~nsurance pohc~es proposed or obtained ~n sat,sfact~on of th~s Contract shall
additionally comply w~th the following marked spec~flcat,ons, and shall be maintained
m comphance w~th these add~t,onal specifications throughout the duration of the
Contract, or longer, ~f so noted
General L,ab,hty Insurance
General L~abfl~ty ~nsurance w~th combined single hm~ts of not less than __
$50o~ooo~0o shall be provided and maintained by the contractor The pohcy
shall be wntten on an occurrence basra e~ther m a single pohcy or ~n a
combmatmn of underlying and umbrella or excess pohc~es
If the Commermal General L,ab,l~ty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual habfl~ty
covering th~s contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, med,cal payments, ~s not required
If the Comprehensive General L~abfl~ty form (ISO Form GL 0002 Current
Ed,tlon and ISO Form GL 0404) ~s used, ~t shall include at least
· Boddy injury and Property Damage L~abd~ty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual habfl~ty (preferably by endorsement)
covering th~s contract, personal ~njury habfl~ty and broad form
property damage habd~ty
AFF(X)BA1
REVISED 10112194
Insurance Requirements
Page 4
Automobile Llab,l,ty Insurance
Contractor shall prowde Commercial Automobile L~ab~hty insurance w~th
Combined S~ngle L~m~ts (CSL) of not less than ~3oo,ooo.oo e~ther ~n a single
pohcy or ~n a combination of basic and umbrella or excess polm~es The pohcy
w~ll ~nclude bodily ~njury and property damage hab~hty arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
~n conjunct|on w~th thru contract
Satisfaction of the above requirement shall be m the form of a policy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
IX] Workers Compensat,on Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, m addition to meeting the minimum statutory requirements for msuance
of such insurance, has Employer's L~abihty i~m~ts of at least $100,000 for each
acmdent, $100,000 per each employee, and a $500,000 pohcy I~m~t for
occupational d~sease The C~ty need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all r~ghts of subrogation against the C~ty,
-~ts officials, 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 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)
[ ] Owner's and Contractor's Protective Llab~hty Insurance
The Contractor shall obtain, pay for and maintain at all t~mes during the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective Lmb~l~ty insurance policy naming the C~ty as ~nsured for property
damage and bodily ~njury which may ar~se m the prosecution of the work or
contractor's operatmns under th~s contract Coverage shall be on an
AFFOOBAI
REVISED 10/12/94
Insurance Requirements
Page 5
"occurrence" bas~s, and the pohcy shall be ~ssued by the same insurance
company that carnes the contractor's hab~hty ~nsurance Pohcy hm~ts w~ll be
at least combined boddy injury and property damage per
occurrence w~th a aggregate
[ ] Fire Damage Legal Llabd~ty Insurance
Coverage ~s required ~f Broad form General L~abd~ty ~s not prowded or ~s
unavadable to the contractor or ~f a contractor leases or rents a port~on of a
C~ty budding L~m~ts of not less than each occurrence are required
[ ] Professional L,ab,hty Insurance
Professional habd~t¥ insurance w~th hm~ts not less than per claim
w~th respect to neghgent acts, errors or omms~ons m connectmn w~th
professional serwces Is required under th~s Agreement
[ ] Builders' R~sk Insurance
Budders' Risk Insurance, on an AII-R~sk form for 100% of the completed value
shall be prowded Such pohc¥ shall ~nclude as "Named Insured" the C~ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other insurance may be required on an ~ndlwdual bas~s for extra hazardous
contracts and spec~hc service agreements If such addK~onal insurance m
required for a specific contract, that requirement will be described ~n the
"Specific Cond~tmns" of the contract spec~flcatmns
REVISED 10112194
Insurance Requirements
Page 6
ATTACHMENT 1
[x] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Ent~t~es
Definitions
Cert~hcate of coverage {"cert~hcate")-A copy of a cert~hcate of insurance,
a certificate of authority to self-insure ~ssued by the commms~on, 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 providing services on a project, for the
duratmn of the project
Duration of the prolect- ~ncludes the t~me from the beg~nnmg of the work
on the project untd the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing serwces on the project ("subcontractor" m §406 096) -
includes all persons or ent~t~es performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of whether
that person contracted d~rectly w~th the contractor and regardless of
whether that person has employees Th~s includes, w~thout hm~tat~on,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to prowde serwces on the project
"Services" include, w~thout hm~tat~on, providing, hauhng, or dehvenng
equipment or materials, or providing labor, transportation, or other service
related to a project "Serwces" does not ~nclude actw~t~es unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
dehvery of portable todets
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and hhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor prowd~ng services
on the project, for the duration of the project
AFF00BA ~
REVISED I0/12/~4
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, pnor
to the end of the coverage per~od, file a new certificate of coverage with
the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowdlng 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 wdl have on file certificates of
coverage showing coverage for all persons prowdlng 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
period shown on the current certificate of coverage ends dunng the
duration of the project
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 in writing by certified
mall or personal delivery, w~th~n 10 days after the contractor knew or
should have known, of any change that materially affects the prows~on of
coverage of any person prowdmg serwces on the project
H The contractor shall post on each project s~te a not,ce, ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons prowdmg serwces on the project that they are
requ~redto be covered, and stating how a person may verify coverage and
report lack of coverage
AFF(}OBAI
REVISED 10/12194
Insurance Requirements
Page 8
The contractor shall contractually require each person w~th whom ~t
contracts to prowde serwces on a project, to
(1) prowde coverage, based on proper reporting of classffmat~on codes and
payroll amounts and hhng of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401 011 (44)
for all of its employees prowd~ng serwces on the project, for the
duration of the project,
(2) prowde to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage ~s being
provided for all employees of the person providing serwces on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage period, a new
certffmate of coverage showing extension of coverage~ ff 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, pnor to the other person beginning work
on the project, and
(b) a new certificate of coverage showing extension of coverage, pnor
to the end of the coverage penod, ff the coverage period shown on
the current certffmate of coverage ends dunng 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 certified marl or personal
dehvery, 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 prowd~ng services on the project, and
AFP00BA 1
REVISED 10/12/~4
Insurance Requirements
Page 9
(7) contractually require each person w~th whom ~t contracts, to perform
as required by paragraphs (1) - (7), w~th the cerbflcates of coverage to
be prowded to the person for whom they are prowdmg serwces
J By s~gmng th~s contract or providing or causing to be provided a certificate
of coverage, the contractor ~s representing to the governmental enhty that
all employees of the contractor who w~ll prowde serwces on the project w~ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage wdl be based on proper reporting of class~fmat~on
codes and payroll amounts, and that all coverage agreements wdl be filed
w~th the appropriate ~nsurance carrier or, m the case of a self-insured, w~th
the commission's D~v~s~on of Self-Insurance Regulabon Prowd~ng false or
mmleadmg mformat~on may subject the contractor to adm~mstrabve
penalties, criminal penalties, c~vd penalties, or other c~wl actions
K The contractor's fadureto comply w~th any of these prows~ons Is a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract void ff the contractor does not remedy the breach
w~th~n ten days after receipt of not~ce of breach from the governmental
entity
AFF00BAI
REVISED 10112194
ACORD. CERTIFICATE OF LIABILITY INSURANCE 5-24-96
PRODUCER ...... THis CERTIRC.~TE'IS I-4St~[D AS A MAhEH OF INFORMATION
ONLY AND CONFERS NO RIG'S UPON THE CE~FICA~
HOLDER THIS CE~IFICATE DOES NOT AMEND, ~END OR
GARL~D CO~ERCIAL I~S AGENCY ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW
P.O. BOX 47242~ COMPANIESAFFORDINQCOVE~QE
GARL~D, TX 75047-9990
2~4) 840-0220 F~: 278-9299 A COLONY INSU~CE COMPLY
INSURED ~MPANY
PIONEER 9AINTING & CONSTRUCTION B T~E WORKERS COMP. FUND
INC · ~MPANY
9304 FOREST LN. SUITE ~26 c SOUTHERN COUNTY MUTUAL INS. CO.
DALES ~ TX. 7~243 ~MPANY
POUCY EFFECTIVE UMI~
CO ~E OF ~NSU~CE ~U~
LTR Oa~ (~/00~ CaTE
eE.E~LUABlU~ GENE~LAGGREGA~ $~ 1000 f 000
~ COMME~I~GENE~LLIABILI~ P~DUCTS ~MP/OP~G $~ ~ 000 1000
A ~NERS&~N~CTORSP~T GL1462808 3-21-96 3-21-97 ~CH~U..E.C~ ~1, 000 ~ 000
~ FIRE OAMAGE (Any oneflre) $50 f 000
X ALL OWNED AUT~ ~DILY INJURY
C ~ ~.EO~UmS STC522517-0 3-13-96 3-13-97 .o=~.~u.v
X NON OWNED AUTOS
ANY A~TO OTHER ~AN AUTO ONLY
EMPLOVERS UABIU~ EL ~CH A~IDENT $ ~ 00 f 000
B THEPROPRIETO~ ~INCL SBP00059609 8-11-95 8-11-96 ~L~S~E ,OL,C~U~.~ ~500,000
~D'L INSURED - CITY OF DENTON IT'S OFFICIALS,AGENTS, EMPLOYEES & VOLUNTEERS.
SHOU~ ANY OF THE ABOVE DE~RIBED ~UCIE6 BE CANCE~D BEFORE
C~ O~ D~O~ ~Pi~TION DATE THE~EOF THE 18SUiN~ COMPANY Wi~ END~VOR TO MAIL
~0 ~ ~ ~. ~0 DA~ Wm~N NOTICE TO ~E C~FICATE HO~Efl NAMED TO THE
D~O~I ~ ~20~ BUT FAILURE TO MAlE SUCH NOTICE ~HA~ IMPOSE ~00BU~TIOfl OR UABIU~
e A~ORD
FORM OF PROPOSAL
DATE. F~~ I~.
PROJECT BID #1870
RENOVATION TO THE AMERICAN LEGION BUILDING
FRED MOORE PARK 629 LAKEY DENTON, TEXAS
(hereinafter called "B~dder"),
a corporation, a partnership,
an ~nd~v~dual doing bus~ness as
TO CITY OF DENTON
% PURCHASING AGENT
901B TEXAS STREET
DENTON, TEXAS 76201
The B~dder, ~n compliance w~th your Advertisement for B~ds for
the above referenced Project, having become thoroughly familiar
with the terms and conditions of the proposed Contract Documents
and w~th local conditions affecting the performance and cost of
the Work at the place where the Work xs to be completed and
hav~ng fully snspected the s~te ~n all particulars, hereby
proposes and agrees to fully perform the Work w~thln
calendar days upon Notlce To Proceed, and ~n strxct accordance
w~th the proposed Contract Documents, for the following sum of
money
BASE BID
ALTERNATE NO. 1 -(Install Peelle Rolling W~ndow ~n l~eu of the
Base B~d DuraFlex Folding K~tchen W~ndow - see Section 08330-1)
ADD -7~ea ~o~b Dollars
(ADD $ ~000 )
ALTERNATE NO. 2 - (Construct North Porch, ~nclud~ng roofing,
concrete slab, etc )
ADD ~e~'~ --~O~D Dollars
(ADD $ ~%0O~'~ )
Page 1 of 4
ALTERNATE NO, 3 - (Install Restroom Panic System).
(ADD $ ~C,O )
ALTERNATE NO. 4 - (Install Security System):
ADD L~C T~o~D ~'~ ~U~4D~-~ Dollars
(ADD $ % ~OO )
ALTE~~ - (Install Cer~c T~le Flooring ~n l~eu of VCT
in Rooms 104,106,107,109)
ROOMS 104, 106
(ADD $
ROOMS 107, 109
ADD ~o %~ ~ Dollars
(ADD $ A~OO )
ALTE~ATE NO. 6 - (Add Automatic Door Operator to Door No. 1)
)
~LTE~ATE NO. 7 - (~dd Exterior EIFS, as follows)'
Colu~s, Wainscot, and around W~ndows.
Soffitt to the Waxnscot
~D $ ~t~aT ~u~6~O Dollars
Page 2 of 4
ALTER~ - (Add Ceramic Tile Waznscot to the Wet Walls of
the Toilets, as shown on the Drawzngs):
(ADD $ I~~'~ )
ALTERNAT__~_E NO. 9 - (Add 24" x 24" Acoustical T~le ~n lieu of 24" x
48" Acoustical Tile)'
(ADD $.~400 )
ALTERNATE NO. 10: - (Construct Room 101 - the West Porch, w~th
Slab, Columns, Framing, Roof, etc )
ADD $ '~ ~A~ ~DO~ ~O~Q~~ ~F~ Dollars
UNIT PRICES:
A Unit Price No 1 - Labor and material for 7/16" thick OSB
Roof Decking.
ADDED WORK ~q~r~ ~0~ ~c~~ ~- S F {$ O, 8~-' /S F )
The Bidder further proposes and agrees to commence work under
thls Contract within ten (10) days after the date establzshed ~n
a- written "Notice To Proceed" and to fully complete all work
thereunder as set forth ~n the Form of Proposal.
The B~dder further agrees, and acknowledges that the following
Addenda have been received and that the port~ons pertaining to
he bxddlng on have been ~ncorporated ~nto
the
Sectlon(s)
that
this Proposal:
No One, dated ~'~-I~ No Two, dated
No. Three, dated No. Four, dated
Signed and notarized Affidavit form ~s attached.
Page 3 of 4
Respectfully submxtted:
(If corporatxon, attest and [
Authorzzed S affxx a Corporate Seal)
T~tle
For:
Name of Contractzng Fxrm
B~dder's Corporate Charter
T~ __r__Number ~LO2-
Address
Telephone
Page 4 of 4
CONTI CT AGI EEMENT
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this ~ day of
APRIL A.D., 19 96 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through RICK SVEHLA (ACTING CITY MANAGER}
thereunto duly authorized so to do, hereinafter termed ,,OWNER," and
JAGOE PUBLIC COMPANY
3020 FT WORTH DRIVE
DENTON~ TEXAS 76201 --
of the city of n~o~ _, County of n~n~
and State of TEXAS , hereinafter
termed ,,CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in thc bonds attached
hereto, CONTRACTOR hereby agrees with oWNER to commence and
complete performance of the work specified below:
BID # 1880 - SYCAMORE STREET 6" WATERLINE
In the amount of S]20.74B.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated ~n the
Proposal attached hereto, and ~n accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA -
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepa~ed by
CITY OF DENTON ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence a~,d
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between city and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the city of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or h~s designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the CIty of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it Is legally liable, with regard to the
performance of this Agreement, and Contractor will, at ~ts cost and
expense, defend and protect the C~ty of Denton against any and all
such claims and demands.
Choice of Law and Venue
Thls agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work w~th~n the tlm~
stated in the Proposal, subject to such extensions of t~me as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR In current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA 2
rpRODUCER ' THIS CERTIFICATE IS ISSUED AS A MA1'I'ER OF INFORMATION ONLY AND
~ CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
RAMEY & KiNG INSURANCE pOHCIES SELOW
e30 S k~E, Suite A COMPANIES AFFORDING COVERAGE
Denton TX 76205-7829
COMP/~Y A The Travelers Inauren;e
LE~ER
C0~PANY C
LEr~-R
J&goe-Pubiio Company Ino
Bill Cheek
P 0 Rex 250 COMPLY D
Dento~ TX 76202 LETnm
COMPLY E
THiS IS TO CERTIFY THAT THE POUCIE8 OF INSURANCE LISTED BELOW HAVE REEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED NO~NITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THiS
CERTiFiCATE MAY EIE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDiTiONS OF SUCH POUClES UMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS
I~-~¥ FJ'FECTrV~ POUCY ~X~^T~N u~r~s
~PE De ~su~e4cE ~OL~Y NUMBER OAR (~M~D/YY) ~A~
G~.NEP, N. LU,~LnrY YLECP342K438'8 10/01/96 10/01/96 (~..NE~L AGOFtE(~.~E $ 2000000
A ~RODUCTS-C0~tP/~ AGO $
AUTOMOBILE L[~ YCAP342ZK435-4 10/01/95 10/01196 LIMtTC0~BINED $1NOLE
EXCESS LU~,.m' YEMCUP342K437'6 10/01/~$ 10/01/96 EACH OCCURRLNCE $ 10~000
~O YEEUS342K430-3 10/01195 10/01196 E~CH ACCIDENT $
Additional Inaured City of Denton
Street 6 Inch water line
Municipal aulldlng '~ LIABiLIT<~F. ! ANY KIND UPON THE COM~'NY iTS AGENTS OR REPRESENTATIVES
Demon TX 762010000
~OOR,~
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
(Sm L)
ATTEST:
~6~'~~ JAGOE PUBLIC COMPANY
CONTRACTOR
APPROVED AS TO FORM: (SEAL)
AAA0184D
Rev 07/28/94
CA - 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY , of the Clty of DENTON
County of DENTnN , and State of ~Y~
as PRINCIPAL, and SEABOARD SURETY COMPANY
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of ONE HUNDRED TWRNT¥ TN~rl~A~n ~RVm~ ~II~TnD~
FORTY RIGHT and mo/]00 .......... Dollars ($ ~.7~ nn ) for the
payment whereof, the sald Principal and Surety bind themselves, and
their heirs, admlnistrators, executors, successors and assigns,
jointly and severally, by these presents: ~
WHEREAS, the Principal has entered lnto a certain written
contract with the OWNER, dated the 2 day of APRIL ,
19 96, for the construction of BID # 1880 - SYCAMORE STREET 6" WATERLINE
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect 1ts obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the sald Principal and Surety have ~lgned
and sealed this Instrument this llth day of April ,
19 96 .
%~Prlnclpa~ Surety
..... Rosemar~ Weaver
Address:.l~%~ m,,~, . ~ Address: Burnt M~lls Road & Route 206
""~'p~UBLil,; UMPANY
~'. Pl~' ,'~,-, Bedmln~ter, N.~T. 07921
U~NTON.
(SF~L) (SF~)
The name and address of the Resident Agent of Surety is:
Willis Corroon Corporation of Texas
13355 Noel Road, Suite 400, Dallas, Texas 75240-6612
NOTE: Date of Bond must not be prior to date of Contract.
AAAO184D
Rev 07/28/94
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY
of the City of p~NTON
County of _~E.~;TQ.~! , and the State of TEXAS
as principal, and SEABOARD SURETY COMPANY
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITY OF DENTON , OWNER, in the penal sum of
OME DRED ENTY T OUSAND SBVEM UN RED ORTY 00
for the payment whereof, the said Principal and Surety bind
themselves and their he,rs, administrators, executors, successors
and asslgns, jolntly and severally, by these presents:
WHEREAS, the Principal has entered into a certain wrltten
contract with the Owner, dated the 2 day of
19 96
· BID # 1880 - SYCAMORE STREET 6" WATERLINE
to whlch contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length hereln.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the sald Prlnclpal shall pay all claimants supplying labor
and mater~al to h~m or a subcontractor ~n the prosecution of the
work provlded for in said contract, then this obligation shall be
void, otherwzse to remaln in full force and effect;
PROVIDED, HOWEVER, that this bond ls executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all llab~lltles on this bond shall be
determined in accordance with said provisions to the same extent as
if they were cop[ed at length herein.
PB 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this llth day of ^pr~l
19
5J6b~Oe--f~l~Q~rlnclpa / ~-~ SEABOARD SURETY COMPANY Surety
Rosemary Wea%er
Tltle //- ct -~'~~ Title Attorney-in-Fact
Address: Address: Burnt M~lls Road & Route 206
JAGOE-PUBLIC COMPANY
, PO. BOX 250 Bedmznster, N.J. 07921
DENTON. TX 76202
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety xs:
Wlll~s Cor~oon Corpo~atxon of Texas
13355 Noel Road. Suite ~00. Dalals. Texas 752~0-6612
AAAO184D
Rev 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY
as Principal, and SEABOARD SI]R~TY C(qMDAM¥
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Munzclpal Corporation of the State
of Texas, 1ts successors and assigns, at Denton, Denton County,
Texas, the su/~ of TWELVE THOUSAND SEVENTY FOUR and 90/100 ....
Dollars ($ 17-~7~-~ ), ten (10%) percent of the total amount of
the contract for the palrment of which sum sald principal and surety
do hereby bind themselves, their successors and assigns, ]olntly
and severally.
Thls obligation is conditioned, however, that.
WHEREAS, said JAGOE PUBLIC COMPANY
has thls day entered into a written contract wlth the sald City
of Denton to build and construct BID ~ 1880 - SYCAMORE ~TR~T 6"
WATERLINE
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said Clty and are hereby expressly incorporated hereln by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
· t is provided that the Contractor will maintain and keep ~n good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary In connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it be%ng understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by sa~d Contractor, and ~n case
the sa~d Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provasions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintaan saad construction and keep same in repair for
the maantenance period of one (1) year, as herean and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obllgatlon shall be a
contanuang one agaanst the Prlncapal and Surety and that successive
recoveries may be had hereon for successave breaches of the
conditions herein provlded until the full amount of this bond shall
have been exhausted, and at is further understood that the
obligation to malntaan said work shall continue throughout said
maintenance per~od, and the same shall not be changed, dlminashed,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said Ja~oe Public Compan~ _
as Contractor and Prlncapal, has caused these presents to be
executed by Bill Cheek
and the said Seaboard Suret~ Company
as surety, has caused these presents to be executed by ~ts
Attorney-in-Fact Rosemar~ Weaver
and the said Attorney-in-Fact has hereunto set his hand this llth
day of April , 19 96
SURETY: PRINCIPAL:
Rosemary Weaver
Attorney-an-Fact
AAAO184D
Rev 07/28/94
MB - 2
Fo~ of th s Power of Attorney you may call collect, 908-658-3500 and ask for the Pow..er ?f _A.tt ,o~m.e,.y
of Attorney number the above named Individual(e) and details of the bond to wh ch the power ~s attached In New YOn< u~m
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B,dder's attention ~s directed to the insurance requirements below It is highly
recommended that bidders confer w,th their respective insurance carriers or brokers
to determine in advance of Bid submission the avallabdlty of insurance certificates and
endorsements as prescribed and provided herren If an apparent Iow bidder falls to
comply strictly with the insurance requirements, that bidder may be dlsquahfled from
award of the contract Upon bid award, all insurance reqmrements shall become
contractual obhgatlons which the successful bidder shall have a duty to maintain
throughout the course of this contract
STANDARD PROVISIONS:
W~thout hm~tmg any of the other obhgat~ons or habd~t~es of the Contractor, the
Contractor shall prowde and maintain until the contracted work has been corr~eleted
and accepted by the C~ty of Denton, Owner, the mm~mum insurance coverage as
md~cated hereinafter
As soon as practmable after notification of b~d award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of insurance, conta~mng the b~d
number and t~tle of the project Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
t~me, however, Contractors are strongly adwsed to make such requests prior to b~d
opemng, since the ~nsurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted w~th the b~d Contractor shall
not commence any work or deliver any material untd he or she receives notification
that the contract has been accepted, approved, and s~gned by the City of Denton
All insurance pohc~es proposed or obtained m satisfaction of these requirements shall
comply w~th the following general specifications, and shall be maintained m
comphance w~th these general specifications throughout the duration of the Contract,
or longer, If so noted
· Each pohcy shall be msued by a company authorized to do business ~n 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 ~nsurer shall reduce or ehmmate
such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts
AAAO0350
REVISED 10112/94 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related ~nvest~gat~ons, claim
admm~stratmn and defense expenses
· Liability pohc~es shall be endorsed to prowde the following
®· Name as additional insured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
· · That such insurance is p.mary to any other ~nsurance available to the
additional insured w~th respect to claims covered under the pohcy and
that th~s ~nsurance applies separately to each insured against whom
claim ~s made or su~t ~s brought The ~nclus~on of more than one
~nsured shall not operate to increase the insurer's hm~t of habd~ty
· All pohc~es shall be endorsed to prowde thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction m coverage
· Should any of the required insurance be prowded under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of thru 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 rme to claims made after expiration of the contract shall
be covered
· Should any of the required insurance be prowded undera form of coverage
that includes a general annual aggregate hm~t providing for claims
~nvest~gat~on or legal defense costs to be included m the general annual
aggregate hm~t, the contractor shall either double the occurrence hm~ts or
obtain Owners and Contractors Protective L~ab[hty Insurance
· Should any required insurance lapse during the contract term, requests for
payments ong~natmg after such lapse shall not be processed until the C~ty
receives satmfactory ewdence of reinstated coverage as required by thru
contract, effective as of the lapse date If ~nsurance ~s not reinstated. C~ty
may, at ~ts sole option, terminate th~s agreement effective on the date of
the lapse
AAA00360
REVISED 10/121S4 CI - 2
Insurance Requirements ~
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained ~n satisfaction of this Contract shall
additionally comply with the following marked spec~ficatlons, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, ~f so noted'
[X] A General Liab,hty Insurance
General L~abd~ty insurance w~th combined s~ngle hm~ts of not less than
1.000.000 shaft be prowded and maintained by the contractor The
policy shall be written on an occurrence bas~s e~ther ,n a s~ngle pohcy or m
a combination of underlying and umbrella or excess pohc~es
If the Commercial General L~abd~ty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall ~nclude premises, operations, products, and
completed operations, ~ndependent contractors, contractual habd~t¥
covering th~s contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General L~abdlty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least
· Boddy injury and Property Damage L~abd~ty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual habdlty (preferably by endorsement)
covering th~s contract, personal ~njury habd~ty and broad form
property damage I~ab~hty
A~3GO
~wsEo ~o/~94 Cl - 3
Insurance Requirements
Page 4
[X] Automobile Llabll,ty Insurance'
Contractor shall provide Commercial Automobile L~ablhty insurance w~th
Combined Single L~m~ts (CSL) of not less than ~500.000 e~ther m a
single pohcy or in a combination of basic and umbrella or excess pohc~es The
pohcy will ~nclude bodily injury and property damage hab~hty arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
m conjunction with th~s contract
Satisfaction of the above requirement shall be m the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensat,on Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, ~n addition to meeting the m~n~mum statutory requirements for ~ssuance
of such insurance, has Employer's L~ab~hty hm~ts of at least $100,000 for each
accident, 9100,000 per each employee, and a $500,000 pohcy hm~t for
occupational d~sease The C~ty need not be named as an "Additional Insured"
but the insurer shall agree to waive all r~ghts of subrogation against the C~ty,
its ofhcmls, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply w~th the prows~ons 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 (TVVCC)
[ ] Owner's and Contractor's Protective L,ab,lfity Insurance
The Contractor shall obtain, pay for and maintain at all t~mes dunng the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective Llab~hty insurance pohcy naming the C~ty as insured for property
damage and bodily ~njury which may ar~se m the prosecution of the work or
contractor's operations under th~s contract Coverage shall be on an
AA~O0350
REVISED 10112194 CI - 4
Insurance Requirements
Page 5
"occurrence" bas~s, and the pohcy shall be issued by the same ~nsurance
company that carries the contractor's habd~ty insurance Pohcy hmits w~ll be
at least combined bodily ~nlury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal L~ablhty Insurance
Coverage ~s required ~f Broad form General L~abd~ty ts not prowded or ~s
unavailable to the contractor or ~f a contractor leases or rents a port~on of a
City bu~ld~ng L~m~ts of not less than each occurrence are required
[ ] Professional L~abd~ty Insurance
Professional habd~ty ~nsurance w~th hm~ts not less than per claim
w~th respect to neghgent acts, errors or omissions in connection w~th
professional services ~s required under this Agreement
[ ] Builders' R~sk Insurance
Builders' Risk Insurance, on an AII-R~sk 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 ~nsurance may be required on an individual bas~s for extra hazardous
contracts and specific service agreements If such additional insurance is
required for a specific contract, that requirement wdl be described ~n the
"Specific Conditions" of the contract spec~hcat~ons
AAA00360
REVISED 10112~84
Insurance Requirements
Page 6
ATTACHMENT I
[X] Worker's Compensation Coverage for Building or Construction ProJects for
Governmental Ent~tms
A Deflnit~ons
Certificate of coverage ("cert~flcate")-A copy of a certificate of ~nsurance,
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 insurance coverage for the
person's or ent~ty's employees providing serwces on a project, for the
duration of the project
Duration of the project- includes the t~me from the beginning of the work
on the project untd the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing serwces on the project ("subcontractor" ~n §406 096) -
includes all persons or ent~t~es performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of whether
that person contracted d~rectly w~th the contractor and regardless of
whether that person has employees Thru ~ncludes, w~thout I~m~tat~on,
Independent contractors, subcontractors, leasing companms, motor
carrmrs, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde services on the proJect
"Serwces" include, w~thout hm~tat~on, prowdmg, hauhng, or dehvermg
equipment or materials, or providing labor, transportation, or other service
related to a project "Serwces" does not ~nclude act~wtms unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
delivery of portable to~lets
B The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011(44) for all employees of the contractor providing serwces
on the project, for the duration of the project
AAA00350
REVISED 10112/{}4 Cl - 6
Insurance Requirements
Page 7
C The Contractor must prowde a certificate of coverage to the governmental
entity pnor 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 per~od, file a new certificate of coverage w~th
the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowdmg serwces 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 w~ll have on file cert~flcaLes 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, ~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 cert~hcates 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, within 10 days after the contractor knew or
should have known, of any change that materially affects the prowsmn of
coverage of any person prowdmg serwces on the project
H The contractor shall post on each project s~te a not~ce, m the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
reforming all persons prowdmg services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AAA00350
REVISED 10112m4 CI - 7
Insurance Requirements
Page 8
The contractor shall contractually require each person w~th whom ~t
contracts to prowde serwces on a project, to
(1) prowde coverage, based on proper reporting of classification codes
and payroll amounts and flhng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of ~ts employees prowd~ng serwces on the project,
for the duration of the project,
(2) prowde to the contractor, prior to that person begmmng work on the
project, a certificate of coverage showing that coverage ~s being
prowded for all employees of the person prowd~ng serwces on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage penod,~ 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,
(4) obtain from each other person w~th whom ~t contracts, and prowdeto
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 per~od, ~f the coverage per~od
shown on the current certificate of coverage ends dunng the
duration of the project,
(§) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified mad or personal
dehvery, w~thm 10 days after the person knew or should have known,
of any change that mater~ally affects the prows~onof coverage of any
person prowdmg serwces on the project, and
AAAOO360
REVISED 10112/94 Gl - 8
Insurance Requirements
Page 9
(7) contractually require each person w~th whom tt contracts, to perform
as required by paragraphs (1) - (7), w~th the certificates of coverage
to be provided to the person for whom they are prowdlng serwces
J By signing th~s contract or prowd~ng 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 prowde serwces on the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage w~ll be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements wdl be filed
wtth the appropriate ~nsurance carrier or, in the case of a self-insured, w~th
the commission's Dw~s~on of Self-Insurance Regulation Prowd~ng false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, CIVIl penalties, or other CIVIl actions ~
K The contractor's fadure to comply w~th any of these provisions ~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
w~th~n ten days after receipt of not~ce of breach from the governmental
entity
AAA00360 CI - 9
REVISED 10112194
WO~ DAYS 30
BID NO 1880
Syc~ore Street 6" Waterline PO NO
BID TABULATION SHEET
ITEM DESCRIPTION 9UANTI~ UNIT PRICE
2 12-A Water Main 2,062 $ ~,~/LF $
Unit Price in Words.
SP-40 cut and Plug Exaating 5 EA $ ~O~/EA $
Waterline
Unit Price in Words
2 16-A Replace Existing Water 31 $ ~,~)/EA $
Service (1")
Unit Prace in Words
Unit Price in Words
Unit Price in Worda
Unit Prate ~n Worda.
SP-44 FLre Hydrant 2 $ ~0W&//EA
Unit Price in Words
~ ~ ~ Valve
Unat Prate ~n Words
SP-42 Remove Valve Stack 4 EA $ /~/EA $ ~)/-/6)
Unat Prate an Words
Remove Concrete Curb and 90 $ 7~)/LF ~3~A~6)
Gutter
Unit Prace an Words.
8 2-A Concrete Curb and Gutter gO LF $ {~ ~/7~)/LF $ /~?~P~
Unat Price in Words
P - 3
Tabulatmon Sheet (contmnued)
ITEM DXSCRIPTION QUALITY UNIT PRICE TOTAL
3-A Concrete Pavement 3 $ ~._~,~2/SY $
Unmt Prmce mn Words
8-A Concrete Pavement 3 SY $
Unmt Prmce mn Words
~p_~ saw cut 24 $ ~.oO I~P $1~'~0
Unmt Prmce mn Words
~ sod 88
Unmt Price mn Words
S~-37 Excavatlon Protection 200 LF $ ~,¥O /LF
Unmt Przce mn Words
SP-39 project Sz~ns 2 $
unit Przce ~n words
21 Contractor's Warranties -- LS Sg~g~qC~ /LS
and U~d.rstandln~s
Unmt Prmce mn Words
1 Barricade, Warnln~ Sm~ns -- S Z~C~&~/Ls $~;~.~
and Detours
Unzt Prmce mn words
2 12 8 Ductlle Iron Fittings 660 $
Unit Price ~n Words
-10 Rock Excavation 50 CY $ ~;~ /CY $
Unit Price in Words
3 1 Preparation of -- $
R~ght-of-Way
Unit Price ~n Words
Total Price ~n Words
p - 4
BID SUMMARY
TOTAL BID PRICE IN WORDS
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work untll flnal completlon and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and speclflcatlons, to the satisfaction of the Engineer.
The undersigned certIfies that the bid prices contained in this
proposal have been carefully checked and are submitted as co~rrect
and flnal.
Unit and lump-sum prlces as shown for each item listed 1n th~s
proposal, shall control over extenslons.
CONTRACTOR /~
Street Address
' ,City and State
Seal & Authorization /
(If a Corpo£atlon) ~ TM,
Telephone
PLEASE RETURN THE TABULATION SHEETS IN DUPLICATE
B - 1