1995-083 ORDINANCE NO. ~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; 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 construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid 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 NUMBER CONTRACTOR AMOUNT
1748 JAGOE PUBLIC CONSTRUCTION CO. $354,017.35
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.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance 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 IV. 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 this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the/~day of ~ ,1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
DATE: APRIL 18, 199§
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1748 - PAYNE DRIVE PAVING AND DRAINAGE
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Jagoe
Public Construction Co., in the amount of $354,017.35.
SUMMARY: This bid is for drainage improvements and paving of Payne Drive from
the intersection of Bonnie Brae and Windsor, west to near the intersection of
Westgate Heights. The project includes approximately 1,000 feet of 6" waterline,
11,000 square yards of lime subgrade, 20,000 square yards of asphalt paving, 3400
feet of curb/gutter, 252 feet of 8' x 6' box culvert and all associated activities.
Project is bid for completion in 60 work days.
BACKGROUND: Tabulation Sheet, Memorandum from Deputy City Manager Rick
Svehla.
PROGRAbIS, DEPARTMENTS OR GROUPS AFFECTED: Public Works Department,
Engineering Department, Residents of Payne Drive Area and Citizens of Denton.
FISCAL IMPACT: Funds for this project will be provided from Street Bond funds,
Bond Interest and Street Maintenance budget funds.
Respectfully submitted:
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
598 .A~NDA
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 18 day of
~p~Tr. A.D., 19 95 , by and between
THE CITY OF DENTON
of the County of DRN~O~ and State of Texas, acting
through LLOYD V. HARRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
JAGOE PUBLIC CONSTRUCTION CO.
3020 FT. WORTH DRI~q~
DENTON, TEXAS 76201
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.
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 ~ 1748 - PAYNE DRIVE PAVING AND DRAINAGE
in the amount of s354.017.35 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 DENTON ENGINEERING DEPARTMENT
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.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
co.. _
// - ~ CONTRACTOR,
~.0,
MAILING ADDRESS '
PHONE NUMBER
FAX NU~ER
PRINTED NAME
APPROVED AS. TO- FOR~4b (SEAL)
City ~At~orney
/
AAA0184D
Rev. 07/28/94
CA - 3
PERFORMANCE 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 State of TEXAS
as PRINCIPAL, and SEABOARD SURETY C0MP~NY
· 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 TnS CITY OF DENTON
as OWNER, in the penal sum of THREE HUNDRED FIF~"f FOUR THOUSAN/) AND
SEVENTEEN and 35/100 .... Dollars ($ 354,017.35 ) 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 18 day of APRIL ,
199~ , for the construction of BID ~ 1748 - PAYNE DRIVE PAVING AND
DRAINAGE
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 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 W~HEREOF, the said Principal and Surety have signed
and sealed this instru]nent this 26th day of April ,
19 95
JAGOE-PUBLIC CONSTRUCTION CO. SEABOARD SURETY COMPANY
Principa~ j
Surety
Rosemary ~eaver
Title ~/-- ~/~-- ~,~~ _. Title Attorney-in-Fact
Address: P. 0. Box 250 Address: 8144 Walnut Hill Lane #1199
Denton, Texas 76202 Dallas, Texas 75231-4345
(SEAL) (SF2%L)
The name and address of the Resident Agent of Surety is:
Willis Corroon Corporation of Texas
5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652
NOTE: Date of Bond must not be prior to date of Contract.
~2%AO184D
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 SEABOARD SURETY COMP^NY
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITYOF DENTON , OWNER, in the Denal sum of
AND 3S/100---
THREE HUNDRED FIFT"fFOURTHOUSANDANDSEVENTEEN Dollars ($ 354,017.35 .)
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 18 day of APRIL
19 95 o
BID ~ 1748 - PAYNE DRIVE PAVING AND DRAINAGE
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 instrument this 26th day of April
19 95
JAGOE-PUBLIC ~ CO. SEABOARD SURETY COMPANY
- -------~rin~ -- Surety
' ~ Rosemary Weaver
Title \/- ~ --/~ ~C3~_ Title Attorney-in-Fact
Address: P. 0. Box 250 Address: 8144 Walnut Hill Lane #1199
Denton, Texas 76202 Dallas, Texas 75231-4345
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Willis Corroon Corporation of Texas
5420 LBJ Freeway, Suite 1400, Dallas, Texas ?5240-2652
AAA0184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC
CONSTRUCTION CO. 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 sum of THIR~"f FI~q~ THOUSAND FOUR I{UNDRED AND ONE and 73/100---
Dollars ($ 35,401.73 ), 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 # 1748 -- PA~q~EDRI~-EPAVINGAN-D
DRAINAGE
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 ex/qausted, 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 Wq{EREOF, the said Ja~oe 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 26th
day of April , 19 95
SURETY: PRINCIPAL:
SEABOARD SURETY COMPANY JAGOE~PUBLI~C~ CONST~CTIO~ CO.
Rosemary Weaver
Attorney-in-Fact
AAA0184D
Rev. 07/28/94
MB - 2
KNOW AL~ MEN'BY THeE PR~N~ T~~A~S~fl E~Y compaNY, S c~r~orati°~,he State of NeW York, has
madeconst tuted add ~pp~rn[ed~d:~yihes~ Pr~edts~do~-m~e ~onsfi(ut~a~d~P~int ~-~; ~ '
o~ ~1~, ~s
its true and la~ul A~orney-i~-Fact, to ~ke, ex.ute and ~liver on i~ ~half insurers ~1~i~, sum~ ~nd% undedakings and
other Inst~ments of similar nature as follows: ~ ~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 all the acts of Ssid: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 duly 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, ~tlpulatlons, oonesnts of surety, un--lng undertaldng~:and in~iruments reletll~g Ihereto.
Insurance policies, bonds, recognizances~ stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other
writings relating in any way thereto or to any claim or loss 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 o~'aResident Vice-President arid 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 Chairman 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 .... .2..8.~ ......
day of ...... Jaz~_~y-.-; ........................ 19.94-
~ Attest: SEABO~RDi~URETY COMPANY,
~ ~- By
~~ (Seal} ~....~...: .',~"~ ...~..~...~.....~..
~ ' ~'sistant Secretary ~ Vice-Presider
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
On this ....... 28.~'t .............. day of ......... ~'~T~.'~7~. ............................................................... 19...9..4.. ...... before me personally appeared
..................... FL~.~e~-,~....[c~"~-~_~_'q, ............................................................... 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 ..Ner~..~e3cse¥ ...... ;
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 seat 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 namethereto as Vice-President of
said Company by like authority, BELINDA FAYE :LEE
h the uTl~ned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Powerof Attorney of which the foregoing is
a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify t_hat the Vice-President who executed thesaid Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article Vii, Section 1, of the By-Laws of
SEABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following r~solution'of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY et 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
certification .of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII, Section 1, of the By-Laws
appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Compan~ surety bonds, ~nderwriting undertakings or other
instruments desc~'ibed in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is
authorized and approved."
IN WITNESS WHERF~O.F, J,have hereunto set my handing, e~fixe~d the corporate seal of,t~y~Company to these presents this
-~ ................ ~,V,~ ................. day of .................. ~ ................................ 19 ...~,,~_.
~ Form 957 (Rev. 7/84)
For vedficat on of the authent c ty of this Power of Attorney you may cali, co~l(~ct, g0.8;.. 6.5 .8~3500 and.ask..lor.the, P.ow?,r~of ,A~ _o,r_ne~y, _c.I e~r~kA ?,,.,~s~e ~r~ fer to the Power
II~ORTANT NOTICE
TO OBTAZN ZNFOR~4AI-~ON OR MAKE A COI~LAZNT:
YOU 14AY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAZN TNFOR~4ATZON ON ~ARTES,
COVERAGES, RIGHTS OR COI~LAZNTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF TNSURANCE:
P. 0. Box 149104
Aus~-~N, TX 78714-9104
FAX #(512) 475-1771
PREi4IUH OR CLAIM DISPUTES:
SHOULD YOU HAVE A DZSPUTE CONCERNING YOUR
PREMZUM OR ABOUT A CLAZM YOU SHOULD CONTACT THE
AGENT OR COld'ANY FIRST. IF THE DTSPUTE Z$ NOT
RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS h~YFICE TO YOUR POLICY:
THT$ NOTZCE Z$ FOR ZNFOR~IATZON ONLY ~ DOES NOT
BECOIqE A PART OR COFE)ZTZON OF THE ATTACHED
DOCIJI4ENT.
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
te 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 complete~
and accepted by the City of Denton, Owner, the minimum insurance coverage a~
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
A.~,A00350
,EWSED ~o~:~,4 Cl - 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
adminisfration 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 policyand
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 noti¢~
of cancellation, non-renewal or reduction in coverage. ~
· Should any of the required insurance be provided under a claims-mad~
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 undera 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 originating 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.
AAAO0350
REVISED 10112194 Gl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurancePoli(~ies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
[n 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
$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 curre~
edition) is used: ~
· Coverage A shall include premises, operations, products, an~l
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
dontractors 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.
AAA00350
R[v~sEo ~o/~2~4 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 I in accordance
with §406.096 oftheTexas Labor Code and rule 28TAC 110.110 oftheTexas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAA00350
REVISED 10112/94
Insurance Requirements
Page 5
"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 clain~
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 All-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.
AAA00350
REVISED 10/12/94 Cl - 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 bee~
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
equipme_nt 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.
AAA00350
REVISED 10/12/94 CI - 6
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
enti.ty 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 th~
project; and ~
(2) no later than seven days after receipt by the contractor, a nev~
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 I~ersonal 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.
AAAO0350
REVISED 10/12/94 CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
comract~ 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 coverag~b
period shown on the current certificate of coverage ends during th~.
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 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) retair~ 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
AAA00350
REVISED 10/12/94 Gl - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as ~_equired 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 t~
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.
AAA00350
REVISED 10/t2/94 Cl - 9
WORK DAYS 60
P~¥ne Drive Pavinq & Drainaq~ BID NO. !Ta~
PO NO.
BID TABULATION SHEET
3-B I Remove concrete, curb and 113 I LF I $ ~_~o /LF I$
gutter - ~-~
Unit Price ~n Words: --~--,~ f~o //~
SP-45 1%" Asphalt Mill 1,011 S¥ $ ~ /SY $
Unit Price in Words: .~0 //~¢%
3.3 I Unclassified Excavation 5,652 ICy ~__? /0¥ $
Unit Price in Words:
4.6-B 6" Lime Treatment of 11,010 SY ~O /SY $
Subgrade
Unit Price in Words:
4.6-A Type a Hydrated Lime 150 Ton
Slurry
Unit Price in Words:
5.7-A 2" Asphalt Pavement ~952 SY /S¥
(Type A)
5.7-B 4%" Asphalt Pavement 8,999 SY /aY
Unit Price in Words:
5.7-C 1%" Asphalt Pavement 10,010 SY $ /aY $
(Type D) ~ ~
Unit Price in Words:
5.7-D 2" Asphalt Patch Material 5 Ton $ /To. $
(Type D}
CO
Unit Price in Words: /~ ~ ~
8.2-A Concrete Curb and Gutter 3,396 LF ~O /LF $
Unit Price in Words: ~O
5.8-A I 6" Concrete Flatwork 24 SY 7~ /aY $
Unit Price in Words: //~.~ ~ ~
P - 3
WORK DAYS 60
Rayne Drive Paving & Drainage BID NO.
PO NO.
BID TABULATION SHEET
°3
/ Zoo
Unit Price in Words:
7.6.A-2 8' x 6' Direct Drive Box 252 LF $
Culvert
Unit Price in Words:
SP-2 Concrete Saw Cut 8 LF ~. /LF $
Unit Price in Words: ~ O
2.12.3 18" Storm Sewer 114 LF $ /LF $
8.15 Rock Rip Rap (Type A) 25 CY $ do /CY $
~ ~ O0
7.4.5 ~ Class A Concrete 27
8.3 6" Concrete Driveway 15
P - 4
WORK DAYS
BID NO.
Payne Drive Pavinq & Drainaqe PO NO.
BID TABULATION SHEET
unit Price in Words:
Unit Price in Words:
2.12.8 I ::w::Ctile iron Sanitary 20 LF
SP-40 Relocate Existing Fence 2,597 I LF ~ $ i, ~0 iLF I$
Unit Price in Words:
3.10.7 ~ Hydromulch 9,022 SY $ ,~0 /SY .~/~,
Unit Price in Words:
1.21 I Contractor,s Warranties I _ , ~ LS I $
and Understandings
O~
SP-10 Rock Excavation 50 CY
Unit Price ~n Words:
3.1 Preparatfon of Right-of- ~ -~ LS ~ $- o~/LS ~ $
Way
Unit Price in Words:
and Detours
Unit Price in Words:
0o
Unit Price in Words:
P - 5
WORK DAYS 6~0
~ayne Drive Pavinq & Drainaqe BID NO. J74R
· ' Po NO.
BID TABULATION SHEET
ITEM DESCRIPTION 9UANTITY UNIT PRICE TOTAL
3.12 Temporary Erosion Control - LS $ /LS $
OoOq~
SP-37 Excavation Protection 100 $ /LF $
3 o~L ,flog ~A
GO
8.11 Metal Se~ Guard Rail 188 ~ LF ~ $ /LF $
with Te~inal End
Unit Price in Words:
Alternate Bid
Unit Price in Words:
Unit Price in Words: '
7.4.5 Class A Concrete 69 $
~ /cY $
Unit Price in Words:
SP-3 Reinforcing Steel 5129 16 $ /16 $
Unit Price in Words:
2.12.3 18" Storm Sewer 116 $
Unit Price in Words:
TOTAL
P - 6
BID SUMMARY
~ the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a pa~ent bond for
the full amount of the contract, to secure proper compliance with
the tens and provisions of the contract, to insure and ~arantee
the work until final completion and acceptance, and to ~arantee
pa~ent 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 correc~
and final.
Unit and lump-sum prices as shown for each item listed in thi~
proposal, shall control over extensions.
Street ~ddress
city and ~tate
Sea~ & ~uthorization
(If a Corporation) ~/'~/3S~- ~ ~ /
Telephone
B - 1
MAY,'-10'9 tWEB) 10:14RAMEY KING TEL:I 817 243 1050 P. 001
[ ~UC , ~ ~lS CER~RCA~ IS I~UED AS A MA~R OF IN~nMA~ON ONLY AND
~ ~ CONFERS HO RIGH~ UPON ~E CER~RCA~ HOLDER. ~lS CE~RCA~
: * ~ DOES N~ AMEND, ~HD OR AL~R ~E COVERAGE A~ORD~ BY
RAUEY & KING INSURANCE ~ ~UCIES BELOW.
COMPANIES AFFORDING COVERAGE
COMP~
~6UR~
P O BO~ ~ c~ D
c~P~ E
7HIS IS TO ~ ~T ~E POLICI~ OF INSU~NCE [IS~D ~ELOW HAVE BEEN I~SUED TO ~E iNSURED N~ED ABlE FOR ~E POLICY PE~OD
INDIteD, NO~ST~DING ANY REGUIREM~T, ~RM OR CONOI~ON OF ~ CON~C~ OR O~ DOCUMENT WI~ RESPECT TO WHICH THIS
CE~FICA~ MA~ BE 188UE~ OR MAY PE~AIN. ~E ~NSU~ANCE AFFORDED BY ~E P~CI~ D~CRIBED HEREIN IS SU~ECT TO A~ ~ ~RMS.
~CLUSlONS ~ND COND~ONS ~ SUCH POLICIES, EMIT~ SHOWN ~Y HAVE BE~ REDUC~ BY ~A~D C~M8.
~ ~ ~ ~ ""~"': ~cun, ~ ................................................. ~ .......................................
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BODILY I~
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· ~e D~ Dml~
:~ of D~t~ ~ AddRl~l [nsu~
~ ~P ~A~ON DA~ ~EREO~, THE IS~UING COMPANY WIL~
:~: ~D~ R TO
C~ of Dm~n ~:~: ~IL ,, DAY~ W~I~EN NO~CE TO ~E CE~HC~TE HO~ER NA~ED
A~: D~ ~lomon .....
21~ ~ M~ln~ }7~ LE~, BUT FAILURE TO ~L ~U~H NOTICE ~H~ I~POSE NO O~LIGA~ON OR
~ LIA~OF ~y ~ND UPON THE COMPANY, I~ AGE~
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