1996-173 ORDIN^NCE NO qo-/
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FLYNDS 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 Caty 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 anvitatIon, bid proposals and plans and specifications
therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SF.,CXIO2~ That the following competitive Nds for the construction of public works or
improvements, as described in the "B~d Inwtat~ons", "Bid Proposals" or plans and specifications
on file ~n the Office of the City's Purchasang Agent filed according to the bad number assigned
hereto, are hereby accepted and approved as being the lowest responsible bids
BID
NI JMBER CONTRACTOR AMOUNT
1922 JAGOE PUBLIC $23,875 00
SECTION 11 That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the Nd for construction of such
public works or improvements hereto accepted and approved, until such person shall comply with
all reqmrements specified in the Notice to Bidders including the t~mely execution of a written
contract and fummhmg of performance and payment bonds, and insurance certificate after
notification of the award of the Nd
SECTIONJiI That the City Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the construction of the pubhc works or improvements in
accordance w~th the bids accepted and approved here~n, provided that such contracts are made in
accordance with the Notice to Bidders and B~d Proposals, and documents relating thereto
spemfy~ng the terms, conditions, plans and specfficatlons, standards, quantities and spemfied sums
contmned therein
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and improvements as authorized here~n, the C~ty
Councd hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specified
~n such approved bids and authorized contracts executed pursuant thereto
SECIiON~ That th~s ordinance shall become effective lmmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s the ~-~'P' day of~~::[996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CONTRACT DOC
DATE AUGUST 6, 1996
C~ REPORT
TO Mayor and Members of the Ctty Councd
FROM Ted Benawdes, Ctty Manager
SUBJECT BID #1922 - CONSTRUCTION OF 4" GRAVITY SEWER AT EVERS PARK
RECOM. MENDAIiO~ We recommend th~s b~d be awarded to the low b~dder, Jagoe Pubhc, tn
the total amount of $23,875 00
~ARY: Th~s b~d ~s for all labor, materials and supphes necessary in construction of a 4"
grawty sewer hne to be constructed at the new hand~capped accessible restrooms at Evers Park
Four b~d proposals were received in response to forty-six notmes mmled to vendors
BACKGROIJND: Tabulation Sheet, Memorandum from Barbara Ross dated 7-22-96
PROGRAMS, DEPARTMENTS OR GROUPS AF_iECTED. Community Development Block
Grant Department, Parks Department, C~ttzens of Denton ut~hz~ng Evers Park
FISCAL IMPACT: Budgeted funds for Community Development Block Grant Account #219-
05A-CDA9-8502
Respectfully submitted
Ted Benavtdes
Ctty Manager
Prepared by
N~me Demse Harpool I
Title Semor Buyer
Name Tom 1) Shaw, C P M
T~tle Purchasing Agent
753 AGENDA
CITY OF DENTON TEXAS 100 WEST OAK o SUITE208 o DENTON, TEXAS 76201 . (817) 383 7726 o FAX (817) 363 2~5
Commumt~ Development
MEMORANDUM
TO. Demse Harpool, Purchasing
FROM: Barbara Ross, Community Development
DATE July 22, 1996
SUBJECT Evers Park Sewer Bid
Community Development would like to accept the bid of Jagoe Public for work on the gravity
sewer hne at Evers Park Jagoe's bid was the lowest at $23,875 I have also spoken with Bob
Tlckner and he also recommends accepting Jagoe's bid
Please call me at ext 7235 if you have questions or need additional information Thank you
"Ded, cated to Q,,aht~ S~rt,ce"
CONTI CT AGI EMENT
STATE OF TEXAS § ~//
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this § . day of
AUGUST A.D., 19 96 , by and between
CITY OF DEI~TON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "0WNER," and
JAGOE P~BLIC
3020 FT. WORTH DRIVE / P.O. BOX 250
DENTONr TEXAS 76202
of the city of DENTON , County of DENTON
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agr%ements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed ~n the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1922 - CONSTRUCTION OF 4" G~A~ITY SEWER AT EVERS P~/~K
in the amount of $23,s75.00 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, machinpry,
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 in the
Proposal attached hereto, and in 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
blueprints, and other drawings and printed or written explanatory
matter, thereof, and the Speclflcatlons therefore, as prepared by
CDBG DE~AR'I'MENT
all of which are made a part hereof and collectively evidencm and
constitute the entire contract.
IndeDendeDt 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
liabllity 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, wlth 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 wrltten
notice to commence work and complete all work wlthin 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
prlce 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 thes~ presents have
executed this agreement in the year and day first above written.
(SEAL)
A?T~ST:
CONTRACTOR
MAILING ADDRESS
,~1 7- .~.~- .~.~'/
P~ONE NUMBER
FAX NUMBER /~
TITLE ..~/~,
PRINTED N~
APPROVED AS TO FORM: (SEAL)
dtty Attorney ~
AAA0184D
Rev 07/28/94
CA - 3
PEKFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC
, of the City of sm~ON
County of DENTON , and State of TEXAS
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 ,r~CITYOF DENTON
as OWNER, in the penal sum of T~qTYT~EETHOUSANDEIGHTHUNDRED SEVENTY
FIVE and no/lO0 .... Dollars ($. 23,875.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the ~ day of AUGUST ,
19 96 , for the construction of BID # 1922--~QN~TRUCTION OF 4" G~AVITY
SEWER AT EVERS PARK
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 oovenanted bythe 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 - i
PROVIDED FURTHF~R, ~at 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 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 l~th day of ^u~ust ,
19 96 .
JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY
Principal Surety
Rosemary Weaver
Title ~ ~ r Titls Attorney-in-Fact
Address: P. O. Box 250 Address: Burnt Mills Road & Route 206
Denton. Texas ?6202 Bedmlnster, NJ 07921
(SEAn) (SEAL)
The name and address of the Resident Agent of Surety is:
W~ll~s 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.
AAA0184D
Rev. 07/28/94
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That J~GOE PUBLIC
of the City of nm~n.
County of DENTON , 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
~HE CITY OF DENTON , OWNER, in the penal sum of
TWENTY 'rinSE THOUSAND EI(ai'-' HUNDRED SEVKN~I FIVE an~--($.23,875-00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the PrincIpal has entered into a certain written
contract with the Owner, dated the § day of AUGUST
19 96
BID # 1922-CONSTRUCTION OF 4" GRAVITY SEWER AT EVERS PARK
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length here~n.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in 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 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 - 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 instrtunent this 12th day of ~,~
19 96 .
JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY
Principal Surety
Rosemary W~aver
Title ~c~. ~J- Title Attorney-in-Fact
Address: P. O. Box 250 Address: Burnt Mills Road & Route 206
Denton, Texas 76202 Bedmxnster, NJ 07921
_
The name and address of the Resident Agent of Surety is:
Wlll~s Corroon Corporation of Texas
13355 Noel Road, Suite 400, Dallas, Texas 75240-6612
~J~AO184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC
as Principal, and SEABOARD SURETY COMPANY
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 Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the S%k~ Of Tg;OTHO~aN~.,'..~R~I~R~ EIGHTY SE%~ENand 50/100 ....
Dollars ($~), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said ~a~n~ p~mT.TC
has this day entered into a written contract with the said City
of Denton to build and construct BID ~ 1922-CONSTRUCTION OF 4"GRAVITY
~ AT EVERS Pa~
which contract and the plans and specifications therein mentioned,
ad~pted by the City of Denton, are filed with the City Secretary of
said city and are hereby expressly incorporated herein byreference
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,
it is provided that the Contractor will maintain and keep in 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 9ny
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 being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - i
accordance with said contract and supply such matsrials 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 provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein 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 obligation shall be a
continuing one agalnstthe Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said Ja~oe-Publlc Com~an~
as Contractor and Principal, has caused these presents to be
executed by
and the said Seaboard Surety ComPany
as surety, has caused these presents to be executed by its
Attorney-in-Fact Rosemary Weaver
and the said Attorney-in-Fact has hereunto set his hand this 12th
day of August , 19 )6 .
SURETY: PRINCIPAL:
SEABOARD SURETY COMPANY JAGOE-PUBLIC COMPANY
Rosemary Weaver (~'~/~..~ ~, /~,~L~
Attorney-in-Fact /
AAA0184D
Rev. 07/28/94
MB - 2
I~ORTANT NOTICE
To 0BTAZN TNFO~IATZON OR KaJ(E A
YOU HAY CONTACT THE TEXAS 0F_PAR'mF_m' OF
INSURANCE TO OBTAZN ]:NFORMAT]:ON 0N C0t,~ANTF_.S,
C0VERAGE. S~ R.TGHTS OR. C01~L.AZHTS AT:
1-800-252-3439
You MAY W~TE THE TEXAS DEPAmtEm' OF INStJRANC£:
P. O. Box 149104
AUSTIN, TX 78714-9104
FAx #(512) 475-1771
PP, EH]:IM 0R CULTJ4 D]:$PUTES:
SHOULD YOU HAVE A DT. SPIJ I ~ CONCE:~NTNG YOUR
PRE~ITUH OR ABOUT A CLA/~ YOU S~OULD CONTACT THE
AGENT OR C~ANY F~R:ST. ~[F THE: DT. SPUTE T~ NOT
I~:SOLV~'rt, YOU HAY CONTACT THE TEXAS DEPA.q,T~:~T
OF ]:NSURANC£.
ATrACli TILTS IIOT[CE TO YOUR POLtCY:
TH:IS NOTJ:CE :IS FOR [NFOR~ATJ:OI~ ONLY ~ DO~'~ NOT
B£COME A PART OR CONOITJ:ON OF THE: ATTACtlE~
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the Insurance requirements below. It is highly
recommended that bidders confer with their respective Insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent Iow bidder fails to
comply strictly with the Insurance 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 obligations or liabilities of the Contractor, the
Contractor shall prowde and mmntain until the contracted work has been completed
and accepted by the City of Denton, Owner, the m~n~mum ,nsurance coverage as
indicated hermnafter.
As soon as practicable after notification of bid award, Contractor shall file w,th the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to b~d
open,rig, since the insurance requirements may not be modified or waived after bed
opening unless a written exception has been submitted w~th 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 requirements shall
comply with the following general specifications, and shall be maintained ,n
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
® Each policy shall be issued by a company authorized to do business ~
State of Texas w,th an A.M. Best Company rating of at least ~ .n the
· Any deductibles or self-insured retentions shall be declared in the bid
proposal. If requested by the C~ty, the insurer shall reduce or eliminate
such deductibles or self-~nsured retentions w~th respect to the Clty, ~ts
AAA00360
r~v~s~ ~o/~=m4 CI - 1
Insurance Requirements
Page 2.
offmclals, 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 Officmls, Agents,
Employees and volunteers.
· · That such insurance is primary to any other insurance available to the
additional insured with respect to clmms covered under the policy and
that this Insurance applies separately to each insured against whom
claim is made or suit is brought The inclusion of more than one
insured shall not operate to increase the insurer's 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 prowded under a claims-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 insurance be prowded under a form of coverage
that includes a general annual aggregate limit providing for claims
Investigation or legal defense costs to be included in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obta.n Owners and Contractors Protective Liability Insurance.
· Should any required insurance lapse dunng the contract term, requests for
payments originating after such lapse shall not be processed until the City
recmves satisfactory evidence of reinstated coverage as require~d by thts
contract, effective as of the lapse date. If insurance is not rmnstated, City
may, at its sole option, terminate th~s agreement effective on the date of
the lapse.
~0o3.o Ct - 2
REVtSED 10112/94
Insurance Requ,rements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All Insurance policies proposed or obtained m 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.
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
81.000.000 shall be provided and maintained by the contractor. The
policy shall be written on an occurrence basis either m a single policy or ~n
a combination of underlying and umbrella or excess policies
If the Commercial General Liab,lity form (ISO Form CG 0001 current
edItion) ~s used:
· Coverage A shall include premises, operations, products, end
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage
· Coverage B shall include personal ,njury.
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, ~t shall ~nclude at least.
· Bodily Injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal ~njury liability and broad form
property damage liability
AAA00350
.~WSED ~o/~/e4 CI - 3
Insurance Requ,rements
Page 4
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile LiabihW insurance with
Combined Single Limits (CSL} of not less than $500.000.00 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 arls,ng out of the
operation, maintenance and use of all automobiles and mob,le equipment used
in conjunction with this contract
Satisfaction of the above requirement shall be ;n 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 ~nsurance
which, in addition to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Llabil,ty limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The C,ty need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For bu,ldlng 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 Liab,lity 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 ~n the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAA00350
REVISED 10112/94 CI -
4
Insurance Requ,rements
Page 5
"occurrence" bases, and the policy shall be ~ssued by the same ~nsurence
company that carraes the contractor's liabdaty ~nsurance. Policy limits w,ll be
at least combined bodily anlury and property damage per
occurrence w~th a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General LJability as not provided or ~s
unavadable to the contractor or if a contractor leases or rents a portion of a
City buddang. Limits of not less than each occurrence are requared
[ ] Prafeesional Liability Insurance
Professaonal liabihty insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection w~th
professional services is required under this Agreement.
Builders' Ri8k Insurance
Budders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be prowded. Such pohc¥ shall include as "Named Insured" the C~ty of
Denton and all subcontractors as their anterests may appear.
[ ] Additional Insurance
Other insurance may be required on an ~ndlvidual basis for extra hazardous
contracts and specific service agreements. If such additional insurance ~s
required for a specific contract, that requarement will be described in the
"Specific Conditions" of the contract specifications.
AAA00360
Insurance Requirements
Page 6
ATTACHMENT I
[X] Worker's Compensation Coverage for Buzlding or Construction Projects for
Governmental Entitles
A. Defimtlons
Certificate of coverage ("certiflcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-~nsure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or entlty's employees prowd~ng serv,ces 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 prolect 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 services 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 ~ncludes, w~thout hm,taflon,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to prowde services on the project.
"Serv,ces" include, without Ilm~tation, prov,d~ng, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not ~nclude actiwt~es unrelated to the
project, such as food/beverage vendors, off~ce supply dehveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requ;rements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor prowd;ng serv,ces
on the project, for the duration of the prolect
AAA00350
REVISED 10/12m¢ CI - 6
Insurance Requirements
Page 7
C. The Contractor must prowde 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.
The contractor shall obtain from each person providing servtces on a
project, and provide to the governmental entlW
{1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project~ and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
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 in writing by certified
mall or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
H. The contractor shall post on each prolect site a notice, in 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.
~'V=ED ~On2/", CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person w,th Whom ~t
contracts to provide services on a project, to'
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requ,rements of Texas Labor Code, Section
401.011 (44! for all of its employees prov,dlng services on the prolect,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage ahowing extension of coverage, if the coverage
period shown on the current certificate of coverage ends durlng the
duration of the project;
(4) obtain from each other person with whom it contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person beginning
work on the project; and
(b) a new certificate of coverage show,rig extension of coverage,
prior to the end of the coverage period, if the coverage per~od
ahown 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 ma,I or personal
delivery, within 10 days after the person knew or should have-known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
)~oo~o
R~'VlS'~ 10/12/~¢ C! - 8
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 certificates of coverage
to be prowded to the person for whom they are prowding services
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who w~ll provide services on the project w~ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, In the case of a self-~nsurad, w~th
the commission's Division of Self-Insurance Regulation Providing 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 prows~ons ~s a breach
of contract by the contractor which e~ltltles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
,~ooaeo CI - 9
REVISED 10112J94
WORK DAYS Z~
BID NO 1922
PO NO
BID TABULATION SHEET
ITEM DESCRIPTION QUANT - UNIT TOTAL
WS-25 4" Sanitary Sewer line (paved) 243 $
WS-20 ~ Sewer Set with doyle cleanout ; I ~ $ W~ /_ $ ~__
3 B ~ Remove Conc curb & gu=~er $ ~/' $ ~O-
8 3 Concrete sxdewalk ~ 2 SY $ ~O/- $ /~_
3 12 ~ Erosion control i $
P - 3
WORK DAYS ~
BID NO 1922
PO NO
BID TABULATION SHEET
ZT~ D~e~CRZPTZON ~U~NTZTY UNZT PRZCE TOT~
~ 7-B ~phalt patch t~e-D 750 $ ~ $ ~ ~7~--
Unz~ price ~n words ~ ~//~ ~0 ~
Unit price in words ~/~ ~~ ~//~ ,~ ~
121 Contractor warranties 1 ~ LS ]$ ~/.0/-- I $ %]~--
--
prlce ~ ~ ~//~ + ~ ~i
P - 4
BID SUMMARY
In the event of the award of a contract to the undersigned, the
undersigned w~ll furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance w~th
the terms and provisions of the contract, to insure and guarantee
the work until f~nal completion 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 specifications, 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 correct
and final
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions
CONTP~CTOR
Street Address
City and State
Seal & Authorization
(If a Corporation) q/t~/~ )
Telephone
*** (PLEASE TURN IN D~PLICATE SETS OF PAGES P-1 th~u P-5) ***
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