1995-002AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures
of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1700 ALL JAGOE PUBLIC CONSTRUCTION CO. $762,858.72
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage a~roval. ~
PASSED AND APPROVED this jr- day of~ , 1995.
BOB CASTLEBERRY, ~R~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
DATE: JANUARY 3, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1700 - JIM CHRISTAL ROAD PAVING AND DRAINAGE PHASE II
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe
Public Construction Co. in the amount of $762,858.72.
SUltRY: This bid is for the paving and drainage improvements on Jim Christal
Road, north of the Airport, from approximately Masch Branch Road, East to
approximately the intersection with I35 at Scripture and West Oak.
The bid includes all materials, labor and equipment for completion of the project.
Some of the major items include 22,417 cu.yd, unclassified excavation, 27,655 sq.
yd. asphalt pavement, approximately 300' of box culvert and approximately 500' of
concrete cylinder pipe.
BACKGROUND: Tabulation Sheet, Memorandum from David Salman, Senior Civil
Engineer.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Engineering Department,
Citizens of Denton.
FISCAL IMPACT: This project will be funded from 1994-95 budget funds and
reimbursed by Denton County as payments are made.
~'~ ~f~-glo~d V'.
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
5 61. A~E~A
CITY of DENTON, TEXAS MUNICIPAL BUILDING · 215 E, McKINNEY · DENTON, TEXAS 76201
(817) 566-8200 ° DEW METRO 434-2529
MEMORANDUM
DATE: December 16, 1994
TO: Tom Shaw, Purchasing Agent
FROM: David Salmon, Senior Civil Engineer
SUBJECT: Jim Christal Road Bid (#1700)
Bids for Jim Christal Road paving and drainage Phase II were opened
on Thursday, December 15th, 1994. The low bidder was Jagoe Public
with a bid of $762,858.72.
We have checked the bids for correctness and have found all bids
correct. Our construction estimate was $852,098.00, so the bid is
very reasonable. Jagoe Public has completed numerous paving
projects for the City of denton in the past with positive results.
I recommend that the City of Denton accept Jagoe Public's bid and
that it be forwarded to City Council for their January 3, 1995
meeting.
David Salmon
AEE00499
"Dedicated to Quality Service"
DBSTINA"I1[ON FAX #
PLEASE
DELIVER
TO:
NAME:
-
DEPT:
PHONE:
SENT FROM FAX # (817) 565-5620
SENT BY:
NAME: KELLY ZW1NGG[ -.
DEPARTMENT: PUBLIC WORK~
ADDP. P~S: DENTON COUNTY GOVERNMENT CENTER
PHOHE: (817) 565-8689
NUMBER OF PAGES, INCLUDING COVER SHEET ~
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE ORIGINATOR AS
SOON AS POSSIBLE.
THANK YOU. I
DENTON COUNTY GOVERNMENT CENTER I
306 N. LOOP 288 [
DENTON, TX 76201 [
/,qR'CIN qc?,qqqc~'I,q~ ~ q~m nT-~,qnM an 1,4qa ~,lkJnaq MnlM~f~ ~:~T ~/QFR/T~
DEPARTMI~NT OF PUBLIC WORKS
D~cember 28, 1994
lerry Clark, P.E.
City of Denton
Municipal l~uflding
215 E. McKirmey
Denton, TX 76201
RE: JIM CHRISTAL ROAD PR~
1991 DENTON COUNTY ROAD AND BRIDGE PROGRAM
Dear Mr. Clark:
The Departmmt of Pubhc Worka has zec~ived your letWr dated De~ember 21, 1994 concerning
the Jim Christal Paving and Drainage Improvement Project. Please allow this letter to sarve as
nolice of our concurrence with your recomm~dation for the award of a construction contract
to the Ingot - Public Company for an amount of $762,858.72.
As outlined in the City/County Interl~al Agra:merit, Denton Caunty will reimburse the City
of Denton for the work under this construction contra~t ba.~d on appropriate documentation
delivered to the Denton County Auditor. This d~:umenlation should include receipts of
payments to the Iago~ - Public Company.
We ate pleased that c~nstruetion will soon begin on this important project and look fo~ard m
working with the City of Denton towards an expeditious completion.
If thez~ are any specific questions during the course of construction, please call.
xc: Commissioners Court
Mich~:l A. $onea, P.E., Dir~tor of Public Works
lack Wagner, Asais~ant Director of Public Works - Cenlzalized RoM and Bridge
$06 iV. Loop 288, Suite 115
D~ntono Texas 76201-4818
Admln~tratlon (81 7) $t~.868~/Centraltzed Road & Bridge I~17) $65..~690
Public Factlltles/Operatla~ (817) $65-$551/Mgp & Plat (817) 565-8624 Watt~ 1-,~19.$46..$18~9/1~a~ ('817)
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 3 day of
JANUARY A.D., 1995 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V. m~RRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
JAGOE PUBLIC CONSTRUCTI01q CO.
3020 FT. WORTH DRIVE / P.O- BOX 250
DENTON. TRXA.q 76202
of the city of DENTON , County of nE~m~,
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 the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
RTD ~ 1700 -- JIM CHRI.q~AL ROAD PAVTNC~ A~D DRATNAC~R PHAGE TT
in the amount of $762.858.72 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 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 - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DE~N~N ENGI~RRRING STAFF
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, invitees, 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.
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
' ~ o~R ~_ ~ //
(SEAL)
ATTEST:
~ ~4~ JAGOE PUBLIC CONSTRUCTION CO.
_ __ __ ,___OF-PlIRLIC
COMPANY
' ' ~V"l" P.O. BOX 250
DENTON. TX 76202
MAILING ADDRESS
PHONE NUMBER
PRINTED N~E
APPROVED AS TO FORM: (SEAL)
AAAO184D
Rev. 07/28/94
CA - 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CONSTRUCTION
C.O. , of the City of DENTON
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 T~E CITY OF DENTON
as OWNER, in the penal sum of s~u~N H~mmR~.n KTXTY ~%~0 THOI]SAN~D EIGHT
~q~NDRED FIFTY EIG%{T and 72/100 .... Dollars ($ 762,858.72 ) 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 3 day of JANUARY ,
19 95 , for the construction of BID # 1700 -JIM C%IRISTAL ROAD PAVING
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.
IDB - 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 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 ~rd day of January ,
19 95
JAGOE-PUBLIC CONSTRU_~ION CO. SEABOARD SURETY COMPANY
~ Principa~t Surety
Title ~/- ~a~- ~./k/--Q_ Title Rosemary Weaver, Attorney-in-Fact
Address: P. O. Box 250 Address: Burnt Mills Road ~ Route 206
Denton, Texas 76202 Bedminster, New Jersey 07921
(SEAJ~) (SEAL)
The name and address of the Resident Agent of Surety is:
Willis Corr0on Corporation of Texas
5420 LBJ Freeway, Suite 1400~ Dallas. Texas 75240-2652
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
CONSTRUCTION CO. of the city of DENTON
County of DENTON , and the State of TEXAS ,
as principal, and SE^BOARD 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
FIFTY EIGHT and 72/100
SE~EN HUNDRED SIXTY TWO THOUSAND EIGHT HUNDRED Dollars ($ 762,858.72 )
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 3 day of JANUARY
19 95
BID # 1700 - JIM CHRISTAL ROAD PAVING AND DRAINAGE PHASE II
to 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 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 instr~ent this 3rd day of January
19 95
JAGOF,-PUBLIC CONSTRUCTION CO. SEABOARD SURETY COMPANY
P, rinci~/ / Surety
_
Tltl f .~ / -t ~~ Title Rosemary Weaver~ Attorney-in-Fact
Address: P. 0. Box 250 Address:Burnt Mills Road & Route 206
Denton, Texas 76202 Bedminster, New Jersey 07921
(SEAL)
The name and address of the Resident Agent of Surety is:
wi ] l i ~ ~.~r~n c.~rporation of Texas
5420 LBJ Freeway, Suite 1400, Dallas, Texas 72540-2652
~3%AO184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PImLTC
CONSTRUCTION CO. as Principal, and SE^BOARD SURETY COMP^NY
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 sum of SEVENTY SIX THOIJS~a%ID TWO HUNDRED EI~HN"f VIVE. ~nd R7/lO0
Dollars ($ 76,285.87 .), 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 JAGOE PUBLIC CONSTRUCTION CO.
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1700 - JIM CHRISTAL ROAD
PAVING AND DRAINAGE PHASE II
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein 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,
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 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 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 - 1
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 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 against the 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 WqiEREOF, the said JAGOE-PUBLIC CONSTRUCTION CO.
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 3rd
day of January 19 95
SURETY: PRINCIPAL:
SEABOARD SURETY COMPANY JAGOE-~BLI~CONST~CTION/CO.
Rosemary Weaveu
Attorney-in-Fact
AAAO184D
Rev. 07/28/94
MB - 2
KNOW ALL MEN BY THESE PnESENTS; ~hat s~BOARD80~ C0M~AN~ a COr~ration of the State of New York, has
made, constituted and appointed and by th~se ~ntS does ma~e, consti(8[¢~d ap¢Sint Jo~ R S~on o=
~s~w W~v~ or L. ~y Pit~, Jr.'or ~iy ~yes - '
of ~llas, ~s
its true and lawful Attomey-in-Fect, to make, ex.ute and deliver on i~ ~half insurance ~1~i~, su~ ~ds, unde~akings and
other instruments of similar nature as follow~: ~O~ ~O~
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal; and alt the acts of said Attorney-in-Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duty adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII, SECTION 1'
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto.
insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements end other
writings relating in any way thereto or to any claim or toss thereunder, shall be signed in the name and on behalf of the Company
(a) bY the Chairman of the Board, the President, a Vice-President or a Resident Vice. President and by the Secretary, an Assistant Secretary, a Resident
Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairmen of the Board, the
President or a Vice-President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 28t~.
day of ...... Jan~/; ............................ 19.9~._. ' ..............
Attest: SEA.Bq~RD ~URETY COMPANY,
(Seal) ~.....,¢~'~...,C,~""~ "
66'sistant Secrgary .... ' ......... '~' "~'"" ~'""~-"¥,~ ----~--.--.~.
STATE OF NEW JERSEY ss ' )vice-I-'resident
COUNTY OF SOMERSET "
On this 2~t~h day of J~U~.%~2~y. __
..................................................................................... , ]9..~f¢. ...... before me personally appeared
................ 'M~chae']'--~----~(~-c9'~ ............................................................... a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of -.~r~c..Jeztse._y. ...... ;
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing
i nstru ment; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President of
said Company by like authority. BELINDA FAYE LEE
.,co..,o.,.,,.,,,,.,,,9.
%~ C E R T , F , C A T E otaryPub,,c
I. the u'7~n ed Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a full. t rue and correct copy. is m full force and effect on the date of this Certificate and I do further cert fy that the Vice-President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact aS provided in Articl
SEABOARD SURETY COMPANY e VII, Section 1, of the By-Laws of
Th~s Cerhhcate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
D~rectors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certihcat~on of the correctness of a copy of an instrument executed by the Pres dent or a Vice-Pres dent pursuant to Article I _
appo nt'ng and authorizing an attorney-m-fact to s~gn in the name and on n ,-,f V,I,, Secbon 1, o! the By Laws
bah_If v. the Company surety bonds, underwriting undertakings or other
instruments described in sa~d Article VII, Sechon 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is
authorized and approved."
IN WITNESS WHEj~EOF,_I have hereunto set my ha, qd_and affixed the corporate seal of,t~e_~.Company to these presents th s
~ ............. ~ .................day of ............. ~~--)- ~ ¢ ...................... 19:.~. ~..
% ·
~ Ass,stan"'"-""'~ .~-:-r'-'i'~'r~;
Form g57 {Rev 7/84}
~r.v~e_r!fication o.~ the_auth.enticity of thia Power of Attorney you may call, collect, 908-6§8-3~00 and n.~k far
Ill~;TANT NOTICE
TO OBTAIN INFORMATION OR HAKE A C01~LAINT:
YOU HAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORHATION ON C0e~AHIES,
COVERAGES, RIGHTS OR COI~LAZNTS AT:
1-800-252-3439
YOU HAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P. 0. Box 149104
AusTIN, TX 78714-9104
FAX t(512) 475-1771
PREglU~ OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR
PREMIt~4 OR Am)UT A CLAIM YOU SHOULD CONTACT THE
AGENT OR CONPANY FIRST. IF THE DISPUTE IS NOT
RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACII lllI$ ~OTICE TO YOUR ~OLICY:
THIS NOI-rCE IS FOR INFORHATION ONLY Al; DOES NOT
BECOI4E A PART OR CO)DIllON OF THE ATTACHED
DOCUMENT.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's atter~tion 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 provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with 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 bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
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 in the
State of Texas with an A.M. Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared in the bid
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its
AAA00350
REVISED 08/02/93 CI - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
· · Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
· · That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and
that this insurance 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 provided 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 provided 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
obtain Owners and Contractors Protective Liability Insurance.
· Should any required insurance lapse during the contract term, requests for
payments o iginating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AAA00350
REVISED 08/02/93 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained.
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
IX] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverages.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damag~ 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 injury liability and broad form
property damage liability.
AA~00350
~w~s~ o~/o~/~3 CI - 3
Insurance Requirements
Page 4
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000 either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for issuance
of such insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an "Additional Insured"
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 building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with § 406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protectiv'.~ Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAA02^gC Cl- 4
Insurance Requirements
Page §
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required.
[ ] Professional Liability Insurance ,
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this 'Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements. If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
AA.AO2AgC
CI- 5
Insurance Requirements
Page 6
ATTACHMENT I
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance,
a certificate of authority to self-insure issued 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 entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, 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 requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor providing services
on the project, for the duration of the project.
~¢~o2^9c CI- 6
Insurance Requirements
Page 7
C. The_Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file 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
mail 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 project 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.
AAA00350
REVISED 10/12/94 Cl - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
con~-racts 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 requirements of Texas Labor Code, Section
401.011 (44) for all of its employees providing services on the project,
for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person 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 showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other porson 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 showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
A~,A00350
R6V~SEO ~0~2/94 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
-as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-insured, with
the commission's Division of Self-Insurance Regulation. 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 provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
A.~,A00350
9
~wsEo ~o~ 2~94
WORK DAYS 80
BID NO. 1700
Jim Christal Road Pavinq & Drainaqe PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL
3-B Remove Concrete Curb 33, , . ~ LF ~$ ~OO /LF ~ $
Unit Price ~n Words: ~ }~. ~
Unit Price in Words: ' (~'
3.3 :Unclassified Excavation ~ 22,417 CY $_~ /CY $
4.6-B ~6" Li~e Treatment Ofsubgrade 29,288 SY $/ ~ /SY $~
396 Ton $ cO /Ton I $
4.6-A Slurry Type A Hydrated Lime ~ ~ ~ ~ ~ 3~'~
5.7-A ~2" Asphalt Pavement (Type 28,654 SY $~ /SY ~~
5.7-B 4 1/2" Asphalt Pavement 27,655 ~ SY $ ~E~ /SY $
Unit Price in Words: /
5.7-C 1 1/2" Asphalt Pavement 27 655 ~ SY ~ ~ /aY $
(Type D) ~
Unit Price ~n Words: ~ ~ //~,
5.7-D Type D Asphalt Patch 10 I Ton $ ~. /Ton ~$
p - ]
WORK DAYS 80
'~ BID NO. 1700
Jim Christal Road Pavinq & Drainaqe PO NO.
BID TABULATION SHEET
IT~4 I DESCRIPTION QUANTITY [ UNIT [ UNIT PRICE [ TOTAL
SP-45 IClean Out Existing 24" 4 I EA I$ _ o~ /EA I$
Unit Price in Words: r~jo l%~o/k
8.14-A [4 Strand Barbed Wire 5,650 I LF I$~ ~ /LF I$
4.5 6" Flex Base 140 SY $ 7
Unit Price in Words: ~'e~ /
sp-46 Soil Retention Blanket 22,641
Unit Price in Words: ~ ~y
8.15-A Concrete Rip Rap 44 ~ SY ~$ ~_o~/SY ~$~c~
[
8.15-B Grouted Rock Rip RaP(T~e A) 300 CY I$
SP-3 Reinforcing Steel 10,123 LB $
Unit Price ~n Words: T]~' /~/
Drive Box Culvert
WORK DAYS 80
BID NO. ] 700
Jim Christal Road Pavinq & Drainaqe PO NO.
BID TABULATION SHEET
2.12.3-D 10' x 5' Precast, Direct 128 LF $~,
Drive Box Culvert ~ ~ ~ ce_
Unit Pc-ice in Words: "-- ~ / /
2.12.3-E 15" Class IV RCP ' 35 LF ~ ~. /LF ] $ co
Unit Price in Words: I /~:/
Com acte I C.
'~, 7L
Unit Price in Words: ~, v~ ~- O/
SP-2 Concrete Saw Cut 53 LF
Unit Price in Words: ~/'~- ~
I
SP-44.A Remove 18" CMP ~ 1 EA ~ $/
Unit Price in Words:
SP-44.B Remove 48" CMP ~ ~~ 2 EA
Soo L~O-
SP-44.E Remove 30" RCP~l
Unit Price in Words: --~,'0 ~)t
SP-44.F Remove Concrete Bridge 1 ~ EA ~ $
w/H~aawalls
Unit Price in Words: ,/~ t ~
r;*' '.
P - 5
WORK DAYS _ 80
BID NO.
~im Christal Roa~.. Pavinq & Drainaqo
PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
1.21 Contractors Warranties
and Understanding LS $ ~LS $
Unit Price in Words:
3.1 Preparation of Right-of-
~ay ns $ o~LS $
Unit Price in Words:
8.1 ~des, Warning Signs
and Detours LS /LS
Unit Price in Words:
3.12 Temporary Erosion Control LS $ /LS $
Unit Price in Words:
SP-10 Rock Excavation 50 CY
Unit Price in Words:
SP-37 Excavation Protection 62 LF
O O /LF $
Unit Price in Words:
SP-47 Relocate Gate 1 EA ~A
Unit Price in Words:
Total IS ~ /
? - 6
BID SUMMARY
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 until final 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.
et A~es s ~
City and State
Seal & Authorization
(If a Corporation) ~/ ~ / ~- ~. ~/
Telephone
B - 1
SENT BY:Denton, Texas ; 1-20-95 ; 4:30PM ; flamey & King Ins,-+ 1 01~ 383 9302;~ 1
~ TH$ i~ I~UED A~ A ~R ~ I~OR~ ~Y ~D
~ND OR AL~R ~E OOV~QE ~RDED BY ~E
J~bl~ ~y
Bill ~
ff 0 B~ ~ ~ D
~E
'l~ll8 I~ TO C~RI'IFY 'THAT BELOW HAVE BEEN I~U~ ~ ~0~ FOR ~E ~Y
~J~ ~ . - R MAY ~T~N, ~E ~SU~CE ~ ~ ~E .UO,~ D.~..~ "~N · .U~EOT TO ~
iA L~ ~ '~ ~ v~~ 1~ 1~ '"~ e~-~a~'" ~s ........... ~ ......
F-~"~'~:~'"" '" "". ~ ,: ' ~"~ i' i ~,~v.~' .......................... ? '"'"':'"'""~, ................. ~,~ .......
i ....... ~'~ *~'~' ?'~'~ ................. ii ............... i'~"'":
~ ~ ~ ~ ~ ~a~v ~
; ........ ~ , ; ................................................ ~ .....................................
['"~' ~ ~ ~ ~ ~ ~ ?~ ........................... i ................ i'~ ....
....., : ........................................... ~ ........................................ , , (~:~ i'~¥';'~;~'~A~ .... fl;?~ ~;~;~?¥~'~.~,,.:~. ~ ..~;¥:,,~..:~ .~
~ ~ F~':'~'~ ............ ~i ................ ~'~ .....
~'~~ ~~ ~ ................................................................. ~ ................................................................................................
B~ l~,JIm O~ R~ ~v~ & ~~N
SHO~t.D ANY O~ THEJABOVE DF-3CI~BED POUCI~ BE CANO[;:I t.r-~_ BEFORE THE
EXHRA'TION DATE THEREOF, "IHE I,~$UING COMPANY WILL ENDEAVOR TO
City of ~ MAIL ~ DAYS NOTICE TO THE CERT/FICATE HOLDER NAklDD TO THE
Arm: Tom If)h~w LEFT, BUT MAIL SUCH NOTICE ~.tAI.L ) OBU(M310N OR
~O4 T, mcu ANY KIN UPON THE r OR REPRE]~DVTATIVI~8.
DaniSh 7~t01
~RN 20 '95 1G:45 817243~050 PRGE.00~