2011-175ORDINANCE NO. 2� 11-175
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE BROWN STREET AND PRESTON PLACE
81NCH SANITARY SEWER REPLACEMENTS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4801-AWARDED TO
THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC
COMPANY, IN THE AMOUNT OF $241,220).
WHEREAS, the Ciiy 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 ar 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 1. The following competitive bids for the construction of public worlcs 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
4801
CONTRACTOR
Jagoe-Public Co.
AMOUNT
$241,220
SECTION 2. The acceptance and approval of the above competitive bids sha11 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 fiunishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby autharized 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 suxns contained therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
autharity to talce any actions that may be required or permitted to be performed by the City of Denton
under Bid 4801 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. 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 5. This ordinance shall become effective immediately upon its passage and
approval.
'/ L� /JJ
PASSED AND APPROVED this the `� ✓ day of (/� ,2011.
;
MA A. B RROUGH , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: /
4-O .=�id 4801 �
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 4 day of October A.D., 2011, by and
between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Jagoe-Public Company
P.O. Box 250
Denton TX 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 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 # 4801 — Brown Street & Preston Place 8" Sanitary Sewer Re�lacement
in the amount of $241,220 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 witli
the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal
laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications therefore, as prepared by:
Citv of Denton — En ing eering Department
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, emplayees, of the Owner. Contractor lilcewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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
Right to Audit
The OWNER shall have the right to audit and make copies of the boolcs, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter,
except if an audit is in progress or audit findings are yet unresolved, in which case records shall be
kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain
all books, records, documents and other evidence pertaining to this agreement, and to allow the
OWNER similar access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the
audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the
reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR
which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for ternunation thereof. Each of the
terms "books" "records" "documents" and "other evidence" as used above shall be construed to
� , � ,
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
� 3
i r
�V.�C
Cit�of Denton
OWNE
BY: 2�
(SEAL)
ATTE T:
,�a.qo�- i�kb I��. Cow..�,aN�
CONTRACTOR
APPROVED AS TO FORM:
�,
� ANIT URGESS, CITY A ORN
CA-4
o . 3 o K ��n
� E rd' To n� �-�E �c A 5 7��- a�-
MAILING ADDRESS
�yCo - � $a - z s'8 !
PHONE NUMBER
� � o - 3 8 �-. ' `� "i 3�-.
FAX ER
BY: V:�s.-�ts .
TITLE
�i I I CFi �E '1�, .J �- .
PRINTED NAME
(SEAL)
..' ,. _.; : , `,
,
PE�iFORMAI`]�CE. BONI�
,; .. ;
� STATE �F TEXAS . ',§ . 'Bond No . � 8 2 � $' 4 9 �.U'1
: CO:�J�TTY OF DENTON § ; ,
, . . ;. ; .. ` �
KNOW A�LL MEN BY THESE PR.ESENTS Tliat '7ag_oa Public Coin�anv✓� whose
, .
,. . , .: . „
address is : ; - �' P O Box 250 Denton TX; 76202�
hezemafter called Piu�iclpal, ;and '�'��e�a� ��su��nC� 'Ct��npar� ; a corporatioii
� orgaiuzed and exlsting under the laws of the State of �r�c�1at�a ` ' ; aiid
fiilly auflii�rized.to irarisact business:.m tlze`Staie; of Te�as, as ;Suiety; are held aiid_ firmly bound
- —,—u�tQ the Cit� of:Dentqz�, a�n�cipal eor�ioiatioii orgaruzed:aiid existu�g.iin.der-`tlie laws of tlle —
Stat� of Texas; lieie�iia e� called Owner, ui tb,e pe 1 Sum of Two Hundied Forty One. Thousand
...
Two Hundred Twenty DOLLARS $241 22 J.us ten percent of ihe stated �enal suni as an
additianal�suin of xnoiiey represenia�ig add�iional,`cotu-t eapenses, attorneys'�iees, and I�quidated
' daiiiages,arising; out of�:or coi?nected with tl�e below' �dentlfied:CQntxact, i��i:lawful: moiiey of the
Uiiited States, to.;,be paid ui Dentonf County; Texas, for the payment of wluch sum�:`well aizd txu.Iy
, . � . . :, , ;. ..
to .be made, we�, hereby Uuld ourselves, our heirs, executois; adaxun�.stiators, successors, aric�
. ,; :
' '. assigns, jo�ntly and severa113�, fii�ily by'�these �piesezits Tlus Bond shall automatically ve
increased;by the.'amouiit of any Change Order or:'Suppleznental Agre,ement; whtch mcreases �tlie
. _ ... . ;
Contract price, tiut m no event shall, a Ch,aiige Orcler or'Suppleinenial,:�greement,:�htch reduces
the..Co�tract price, decrease the penal sum of tlus Bond
THE OBLIGATION TO PAY �.AIvIE is;coziditioned as follows Wheieas; fihe Przncipal
� entered lrito a. certam �;Contract, idez�tified by Qrdinarice Nuii�ber , 11 1.75 wl.th the .Ciiy of
,; . -
_. . . 4.. .. .. .
Denton, the Owner, dated ihe ;4 day;of October A,;D 2011 , for' �
Bid # 4801 •. Browri Stireet & Prestoii Place 8" Sanrtarv:Sewer�'ReUlaceznent'
_ : : ; �
' > ` NOW, THEREFORE ��ie..Princi al shall well, trul ,:.and fai�llfull eiform aud fulfill
�: 1? Y Y P
aIl ;of the undertalcuigs, covenants, tei�tis, condrtious and:°agreemenfs :of said Coaitiaet in
,. , > -
accordance witli the Plans, ;Specificatroris and 'Contract Documents during the`_origuial term
thereof a�d any extensibn thereof wluch may be gYanted by the Owner, vvith or without notice to
tlie �Surety, and :durmg the life of any guaranty oi :vaarraiity requ�red under this Contraci; and shall
also we11.. and truly perform and ,fiilfill all the `under�alungs; .coveriants, tezms, conditions a.nd .
agreements of any and all duly autliorized;mod�cafiioiis of sasd Confiact that may hereafter be
. . :. _.
„ •.
nlade, notice of wluch modificat�or�s to �lie Surety being hereby waived, ,aald, if the Principal
: . , ,. , . .
shall repair and/or replace all :defects due to £auliy materials aiid workmanslup that, appear w�.th'vi
a period of two (2) yea'rs fram the clate of final �completifln a.nd final acceptance of the Worlc by
the:Ov�ner, and, if the Principal shall fully uzdemiufy aiid save°hannless the Owner`from all costs
and damages whtck� bv�ner''niay suffer by``reason o� failu�.e to'.so perforin Iierein and shall fully ,
xe�ix�buzse and repay Ownez a11 outlay and._expense which the.Owner;may ulcu7. in: maluiig good
; , > .
any.;. def�.ult or, deficieiicy, then this; obligatioii shall be void; otherWa.se, it shall remaui: 1n full
, _..
.: . : �
. fo�ce and effect ,; : '°
<,, '
_ PB 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER; that the said Surety, for value received, hereby stipulates
and agrees that no change, exteiision of tiine, alteration or addition to the tenns of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any suclZ change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be perfon.ned thereuiider, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of tlae Texas Government
Code, as amended, and any other a�plicable statutes of the Siate of Texas.
Tlie undersigned and designated agent is hereUy designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instruinent is executed in four copie , each one of which
shall be deemed an original, this the 4th day of October , 2011 �.
ATTEST:
BY:
SECRET
ATTEST:
BY: � / . �iS1
Connie Kregel Witness
' : �► . .
Jagoe—Public Com a
✓
BY:
�/� �� —P SIDENT
SURETY
Federa� In ce Co an
BY: � �
O Y- -�A
Jeffr y Todd McIntosi�
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: Jeffrey Todd Niclntosh
STREETADDRESS: 2505 N Plano Road #2200� R�char Snn, mx �Snst�
(NOTE: Date of Perfo��marzce Band must be dafe of Conh�act. If Reside�zt Age�xt is not a corporation,
give a person's name.)
': J
C�1�,�.,
,�� �
STATE OF TEXAS §
PAYMENT BOND
Bond No. 8228-49-07
COUIVTY OF DENTON §
KNOW ALL MEN BY THESE. PRESENTS: That Ja�oe-Public Companv✓whose
address is P.O. Box 250 Denton TX 76202 �
hereinafter called Principal, and Federal Insurance Com an , a corporatio.n
organized and existing under the laws of the Sfate of Indiana , and fully
autliorized to transact Uusiness in the State of Texas, as Surety, are held and firmly bound unto
---' -�- � - - - the Cityof Dentori;-a municipal -coiporation organized-and existing under -the-laws -of the� State -of -- - --
Texas, hereinafter called Owner, and unto all pei•sons, firms, and corporations who inay furnish
materials for, or perform labor upon, the building ox irnprovemenis herein�a r referred to, in the
pena? sum of T�xro HundrP� Fo�-tv pnP Thousand Two Hundred Twentv "UULLARS ($241,220�
in lawful inoney of the United States, to be paid in Denton, County, Texas, for the payment of ,.
which ` swn well and truly to be made, we hereby bind ourselves, our heus; executors,
administrators, successors, and assigns, jointly and severally, fiimly by. these presents. This
Bond shall automatically be uicreased by t1�e amount of any Change Order or Supplemental �
Agreement wluch increases the Coniract price, but in no event shall a Change Order or
Supplemental Agreement which reduces t11e Contract price decrease the penal sum of. this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Wl-►ereas, the Principal
entered into a certain Coiitract, identified by Ordinalice Number 20�1-175, with the Gity. of
Denton, the Owner, dated the 4 day of October A.D. 201 l;�for
Bid # 4801 — Bro�vvn Street & Preston Place 8" Sanitary Sewer Replacement.
N�W, THER.EFORE, if the Principal shall well, truly and. faithfully perform its duties
arid make prompt payment to all persons, firms, subcont�actors, coiporations and claimants.
supplying labor andlor material in the prosecution of the Worlc provided for in said Conlract and
any a�id all duly authorized modifications of said Conhact that may hereafter be made, notice of
which niodifications_ to tlie Surety being hereby. expressly. waived; then this obligation shall be
void; �therwise it shall remain in full force and effect.
RROVIDED FURTHER, that if a�.iy. legal action be filed on this Bond,. exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Su.rety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of tl�e Conl�act,
or to the Work to be performed thereunder, or to tl�e Platzs, Specifications, Drawings, etc.,
th hall ' ff t'ts obli ation on this Bond and it does hereby
accompanyLng e same, s u1 anyw�se a ec i g ,
waive notice of any such change, exteilsion of time, alteration or addition to the terms of the
, Contract, or to the Work to be perfor�ned thereunder, or to the Plans, Specifications, Drawings,
etc.
.�
This Boi�d is given �ursuaiit. to the proVisions� of Chapter 2253 of the Texas Goveinu�ent
Co.de, as amended, ,and any' other `al�plicaUle, statutes of the S.tate of Texas:
The utldersigned aild designated.agent is hereUy designated;Uy, the Surety herein as the
` Resident;A ei}t.,in Denton Coun to whonz any. requisite not�ces may be delivered and oi� whom
g �'
,
`. ;. . service of process �iay be liad u1 iriatters arismg: out of such surety, as provided Uy A�.-ticle 7 19-1
' of the Insi.uarice Code,:Vernoil's Aniiotated.Civi1 Statutes of the State, of•Texas.
IN WITNESS VJI-IEREOF,.tlus instrui�ent is executed an four co s, each one, of which
�` shall be deemed au original, this the 4th ' dap of October ; 20'11�
- -- -=- - -- -- --- — - -- — __ - --- - ---- ---- --- --- ;
^ ATTEST:; PRINCIPAL �
' Jagoe-Public Co� ��
- _. , ,
'. ' BY: ;� .,:. ;
;,
SECRET _ ; ' BY:
�.�; �� - PRESID�NT , .
ATTEST: SURETY _
Federal.Insuranc� Compan
B�: �1n ��, 0� � . , , �
Ccinnie Rreg I., Witness BY: bt�'��
• � =IN F CT
, ,,: ;, Je fr y Todd Mclntosh
,
. , ...
, ;
The Resident.Agent of the Surety,in. Denton County, Texas.for delivery of not�ce and service .of
the process is:;;
, , _ _
.. ,
clntosh
NAtv�:, Y
Jeffre Todd M. .... ,. _ _._ ..... _.
`STREET;ADDRESS; 2505 N Plano Road, '#`220�, Rici�ar.dson,,' TX 75082
(NOTE; Date o.f Pay�nent Boizd, tnust. be date of Contr�act. If Resident; Age�it is not. a
corporattoiz, give a perso�i's na�ne:)
` PB - 4 `
,.
�l�»
��`'�` �,1°
Chllbb PQWER Federal Insurance Company Attn: Surety Department
pF Vigifant Insurance Company 15 Mounta�r� Viev+r Road
` `_ �uC�ty ATTORNEY pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That F�,F�,R��d-SiiRO[J�� ..SnMRANY; an Indlana corporation, VIG�LAN7 INSURANC�
COMPAh1Y, a tVew Yo�c corporatfan, and PRCIFIC INDEMMIiY CC?MPAfVY, a Wisconsin corporatc do eac� hereby const+tute and
a� ppoint Bert Guiberteau Jr, of 8aton Rouge, Louisiana; Stephen L. Cary anie Stern and Pamela K.
Tucker of Metairie, Louisiana; Connie ]ean Kregel and ]effrev Todd McIntos� f Richardsan, Texas --------
each as their tn�e and lawful Attomey- in- Fact to execute under such designation in lhelr names and to affix thelr coiporate seals io and deliver for and nn their behali as sursty
thereo� or oihervvisa, bonds and undertakings and other wri6ngs oGligatory in the nature thereaf (other tfian hail bonds) given or executed in the course o1 buslness, and any
instrumenls amending ar altaring lhe same, and consents to the modification or alteretion of any instrument reterred to in said bonds or obligatlons.
In Witness Whereoi, said FEDERAI. INSURANCE COMPANY, VI(311..AN7 INSURANC� CQMPANY, and PACIFIC IN�EMNITY COMPANY have each executed end atlasted
these presents and affixed thelr corporate seals on this � biil day of March� 2��'�.
_ � ��,-�' �,..�._ �
annet C. VYende, Assi n S cre ry Davi . orr�s, Jr„ Vice Pres�
STATE OF NEW JERSEY •
ss. '
County of Somerset
On this 16th day of Ma,roh, 2011 before me, a Notary Pu61ic of New Jersay, personaliy came lCenneih C. Wendel, to me
known to he Assistant Secretary nf FEDERAL INSURANCE CdMPANY, VIGfLAiVT lNSUFiANCE COMPANY, and PACIFIC lNQEMiVI1Y CflMpANY, the companles which
execuled the foregoing Power of Attomey, and the said Kenneth C. wendal, being by me duly svvom, dld depose and say that he is Assistant Secretary of FE�ERAL
INSURANCE COMPAhfY, VIGILAN7 IN9URANCE C4MPANY, and PACIFIC 1NDEMNITY COMPANY and krwws the curporate seals Ihereaf, that the seals aHixed to the
loregoing Power of Attomey are such co�porate seals and were thereta aHixed by authoriry of the By- Laws of said Companies; and that he signed sald Power of Attomey as
Assistant Secretary oi said Campanies by like authoriiy; and ihat he is acquainted with David B. Narris, Jr., and knows him ta be Vice President of said Campanies; and that the
signature of David B. Narris, Jr., subscrihed to said Pov,rer Of Attomey is in the genuirl8 fiandwrlting 4f Qavid B, NO�ris, Jr„ and was thereto SubSCribed by authodty af said By-
Laws and In deponent's prasenoe.
Notaria� seai KATHERINE J. AbELAAR
�, NOTARY PUBL4C Of NEW 1Ek5�1
Nr, 2316665 �F�%?� ��
� �4���y � �mrr►isaien Expi�s July ?S, 24�4
� x
~�° � Notary Puhiic
y Pue�.�
•�',tEplS� CERTtFICA'iION
Exiracifrom the By- Laws of FEDERAL IfUSURAM1iCE COMPAMY, VIGILANT INSURANCE COMPANY, and PACIFIC IIVaEIv1NIlY'COMPANY:
"All powers of aflomey 1or and on behalf of the Company may and shatl be executed in the name end on behall ot Ehe Company, either by the ChairmAn pr the
President or a Vice President or an Asslstant Vice President, jolntly with the Secretary or an Asslslant Se�reiary, under their respectiv� designations, ihe
stgnatura of such officers mey be engraved, printed or lithagraphed. The sfgnature of each of the falfowing utRc�ers; ChairmaR, President, any Y��e Presfdent, xRy
Assistant Vice Presidenl, arry Secretary, any Assistarrt Secretary and ihe seal of the Company may be atfixed By facslmile to any power qf attomey or to a�y
ceHillcate relating thereto appointing Assistant Secretaries ar Attomeys- in- Fact (or purposes only ot executing and attesting bonds and undertakings and other
writings obligatory In 1he natura thereof, and any such power of ettomey or certificate bearing such facsimile signature or tacsimile seal shall be vatid and binding
upon the Company and any such power so executed and certlfisd by such facsimile signature and facsimile seal shalE Ce vetlld and binding upon the Company
wifh respect fo any bond or undertaking to vvhich il is eftacAed."
I, I(ennath C. Wendel, Assistant Secretary al FEDERAL INSIIAANCE COMPANY, VIGILpNT INSURANCE COMF'ANY, and PACIFIC INDEMNITY COMPAMY
(the "Campanies") do hereby certify that
(ij the foregoing exlracE a( the 8y- Laws oi the Companies is Irue &nd correct,
(ii) tha Compa�fes are duly licsnsed and authorized to transaet surety business In all 50 of the United States of Amarica and the District 01 Colum6ia and are
authorized hy the U.S, Treasury �epartmerit; �uRher, Federak and Yigilant ara licensed in Puerto Rico and the U.S. Vlrgin Isfands, and Federal is licensed In
American Sar7toa, Guam, and each ai the Provinces of Canada except Prince Edward Isiand; and
(iii} the ioregoing power o1 Attomey t5 true, camect and in full force and etfect.
Qiven undgr my hand and seals oi sald Companies at Warren, NJ this 4th day ot
����y � �� �� k E�
�� d � �e
� � . . , � `� rt r�
+o� r * s �y �1� ,n„ *
�n1A1�0. l 'i' �V ro��"
October, 2011 � /
l�
.�
Kenneth C. W del, Assistant Secretery
IN THE EVENi YQIi VL�1SH Td NOTIFY US OF A CtA1M, V�RIFY THE AUTHEN7IGITY OF THIS BOND QR NOTlFY US OF ANY OTHEFi
MA�iER, PLEAS� CONTACT US AT ADDRESS LISTEq ABOV�, OI� BY Teiephone (908) 903- 3A93 Fax (908) 903- 3656
e-mail: sure C�chubb.eom
Farm 15-1 Q- p225B- U(Ed. 5- 03j C!?NSENT
��11
\\��` /�
J�
Policyholder lnfarmation Notice
IMPORTANT NOTICE
To obtain irlfoilnation or mal�e a complaint:
You may ca11 Chubb's toll-free teleplione number
for informatioii or to ma1�e a complauit at
1-800-36-GH(!BB
You may contact t1�e Texas Departinent of
Insurance to obta.in information on coinpanies,
coveiages, rights �r cam�lai.nts at
y-�00 252-3439
You may wi-ite the Texas Department of Iusurailce
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: CousumerProtectionC tdi.state.tx.us
PREMIUM OR CLAIM DISPUfES:
Should you have a dispute conceilung your premium
or about a claim you should contact the agent zirst.
If tlie dispute is not resolved, you inay contact the
Texas Depai-tme�t of I�isurance.
ATTAGH THIS NDTICE TD YOUR POLICY
This notice is for information onl.y and does not
become a part or canditioil of the attached
document.
Form 99-1D-0299 (Rev. 1-08)
AVISO INIPORTANTE
Para obtener informacion o para someter una
quej a:
Usted puede llaxnar al numero de telefono gratis
de Chutib's pa.ra infoi-�nacioii o pa.ra someter una
quej a al
1-800-36-CHUBB
Puede comunicarse con el Departainento de
Seguros de Texas para obtener infonnaci6n acerca
de campa�iias, cabei-turas, derechos o quejas al
i-�00-252-3439
Puede escribir al Departamento de Seguros de
Texas
P.O. B ox 149104
Austitl, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.idi.state.ix.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBR� PRIMAS Q R�CLAMOS:
Si tiene uxla disputa concenuente a su pi�ma o a un
reclamo, debe comutucarse con el agente piYtnero.
Si no se resueve la disputa, puede entonces
comunicarse con el dep�tan.lento (TD�.
UIVA ESTE AVISO A SU POLIZA:
Este aviso es solo paia �roposito de infoinlacion y
no se conviei-te ei1 pai-te o conclicion del documento
adjunto.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to tlae insurance requirements below. It is laiglaly recommenc�ed
tlzat bidders confer with tlaeir respective insurance carriers or brokers to determine in advance
of Bid submission tlze avaiCability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictty with tlze insurance
requirements, tlaat bidder may be disquatified from award of t)ze contract. Upon bid award, all
insurance requirements sliall become contractual obligations, wlaicJz the successful bidder
shall have a duty to maintain througlaout the course of this contract.
STANDARI) PROVISIONS:
Without Zimiting any of the other obligations or liabilities of the Cont�actor, the Contj-actor 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 PuNChasing
Department satisfactory ceNtificates 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; howeve�, Contractors are strongly
advised to make such requests prior to bid opening, since the insuYance 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 /ae or she receives
notification that tlie contract has been accepted, approved, and signe�l by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these �equirements shall comply
with the following general specifications, and shaZZ be maintained in compliance with these
general specifications throughout the duration of the Contr�act, 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 ar eluninate such deductibles or
self-insured retentions with respect to the City, its 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.
CI-9
• 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 sha11 not operate to
increase the insurer's limit of liability.
� Cancellation: The City requires 30 day written notice s)zauld any af tlze
policies described on t/ae certificate be cancelled or materially changed
before tJze expiration date.
• 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 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, tertninate this agreement effective on the date of the lapse.
CI - 10
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of tlzis Contract slaall additionally
comply wit)z tlze following marked specifications, and slaall be maintained in compliance with
tlzese c�dditional 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 $1,000,000.00
sha11 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 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 sha11 include at least:
Bodily injury and Properly Damage Liabiliiy 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.
[X] Automobile Liability Insurance:
Contractor shall pro�ide Commercial Automobile Liability insurance with Combined Single
Lirnits (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 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.
CI - 11
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Warker'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$540,000 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 worlc
perforxned for the City by the Named Insured. For building or construction proj ects, the
Contractor sha11 comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least combined bodily
injury and property damage per occurrence with a aggregate.
[ ] 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 Agreernent.
[ ] 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.
CI - 12
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blankeY' basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] 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.
CI - 13
ATTACHMENT 1
[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
fiunishes 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 foodJbeverage 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.
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:
CI - 14
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 a11 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.
I. The contractor shall contractually require each person with whom it 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
requixements 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 person with whom it contracts, and provide to the contractor:
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;
CI - 15
5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6) notify the goverrunental 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
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.
CI - 16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental entit
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'� business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Yes 0 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government offcer named in this section AND the taxable income is not received from the local governmental entity?
� Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
� Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adapted 06/29/20D7
CIQ - 1
. � ��� �� �
�
Project Name: Brown Street and Preston Place 8" sanitary 5ewer Replacements
BID TABULATION SHEET
103.3 �SURETY BONDS I
Unit Price In Words ELEVEN THOUSAND TWO HUNDRED FIFIY
107.19.3 TRENCH SAFETY
Unit Price In Words ONE DOLLAR AND ZERO CENTS
107.2 PROJECT SIGNS
UniY Price In Words FOUR HUNDRED FIFTY DOLIARS AND ZER
TEMPORARY EROSION CONTROL, SEDIMENTATION &
201 WATER POLLUTION CONTROL
Unit Price In Words TWO DOLLARS AND ZERO CENTS
202.5 SODDING
Unit Price In Words FIVE DOLLARS AND ZERO CENTS
203.3 GENERAL SITE PREPARATION
Unit Price In Words TEN THOUSAND DOLLARS AND ZERO CEN"
203.3-A REMOVE CONCRETE CURB & GUTTER
Unit Price In Words THREE DOLLARS AND ZERO CENTS
305.1 CONSTRUCT CONCRETE CURB 8� GUTTER
Unit Pfice In Words IWELVE DOLLARS AND ZERO CENTS
305.2 CONCRETE DRIVEWAY APPROACH 6" THICK
Unit Price In Words SEVENTY DOLLARS AND ZERO CENTS
502.1-A CONCRETE DRIVEWAY APPROACH 6" THICK
Unit Price In Words THREE THOUSAND FOUR HUNDRED DOLLI
502.1-B CONCRETE MANHOLE DROP (4' I.D.) (0-6 FEET DEEP)
Unit Price In Words �'OUR THOUSRND DOLLARS AND ZERO CEI
502.1-B CONCRETE MANHOLE (4' I.D.) (0-6 FEET DEEP)
Unit Price In Words TWO THOUSAND SEVEN HUNDRED DOLLAI
LS
D2
LF
EA
850 I LF
450 SY
1 LS
250 LF
250 LF
12 SY
1 EA
5 AND ZERO C
3 EA
502.1-C ADDITIONAL MANHOLE DEPTH (4' I.D. > 6 FEE� 32
Unit Price In Words ONE HUNDRED THIRTY DOLLARS AND ZERO CEI
502.1-D ADDITIONAL MANHOLE DEPTH (5' I.D_ (> 6 FEE� 7
Unit Price In Words ONE HUNDRED NINETY DOLLARS AND ZERO CEI
502.10.4 4" SANITARY SEWER SERVICE INCLUDING CLEANOUT �g
Unit Price In Words lW0 THOUSAND NINE HUNDRED SIXTY DOLLAR
P-3
VF I $
EA $
Calendar Days 90
Bid No. 4,801
P.O. No.
11.250.00 !
1.00 !
450.00 /
2.00 /
5.00 /
000.00 /
� z.00 r
70.00 !
400.00 1
000.00 !
700.00 /
130.00 /
190.OD /
960.00 1
11
1
900.00
1,700.00
1
750.00
840.00
1
Project Name: Brown Street and Preston Place 8" sanitary Sewer Replacements
504.5 �CONCRETE ENCASEMENT CAP
Unit Price In Words TWENTY DOLLARS AND ZERO C
507 8" ASTM D2241 SDR-26 SANITARY SEWER PIPE
Unit Price In Words FIFTY NINE DOLLARS AND ZERC
801.1 BARRIERS AND WARNING AND/OR DETOUR SIGNS
Unit Price In Words SIX THOUSAND DOLLARS AND �
SSD1 CUT AND PLUG EXISTING SANITARY SEWER LINE
Unit Price In Words TWO HUNDRED DOLLARS AND;
SS02 ABANDON EXISTING MANHOLE
BID TABULATION SHEET
50 LF
ITS
1,711 LF
ENTS
1 LS
t0 CENTS
2 EA
20 CENTS
4 EA
P-4
Calendar Days 90
Bid No. 4801
P.O. No.
20.00 / � $ 1,000.00
59.00 / $ 100,949.00
00.00 ! $ 6,000.00
00.00 ! $ 400.00
BASE BID I $ 241
BID SITJMME#RY
TOTAL BASE BID PRICE IN WORDS:
��o l.l�,..,�o.c-Eo i�nre.rh D..r� yi�ou-s�nlD TcJo ��.,.n�O,GLD
TrJFn/>y �eal.C.�R�3 �4-nro ?�Elt.o GENY'S
Total Base Bid is defined as the sum of BROWN STREET & PRESTON PLACE $"
SANITARY SEWER REPLACEMENTS.
In the event of the award of a coniract to the undersigned, the und�rsigned will fiu�iiah a
performance band and a payment bond for the full amaunt of the contract, to secure proper
compliance with the �ezxns and provisions of fhe coutract, ta insure and gua�rantee the wark
tuttil final campletion and aoceptance, and to guardntee payment for all lawfe�l claims for
labor perfonned and materials f�shed �n the fulf"�llment ofthe can#rac�
It is understood that the work proposed to be done shall be accepted, when fully completeci
aad finished in ac�ordance with the plans and specifications, to the sa#isfaciian of �he
Engineer.
T'he undersigned certifies tha�t the bid prices con#ained in this proposal ha�e been car�fully
checked and are submitted as coirect and final.
Unit and lump sum prices as shawn for each item listed in this pmgasal si��ali cantirol over
extensians.
The undersigned agrees this bid becomes the property of the City of Denton after the
official opening.
The undersigned affirms that they are duly airthorized to execute t�is conhact.
Vendor hereby assigns to purchaser any and alt claims for overcharges associat,�d with
this cont�ac�t which arise under the antitrust laws of the United Staies, 15 USCA Section 1
et seq., and which arise under the antimLSt laws of the State o£ Texas, Tex. Bus. c� Com.
Cade, Section 15.�1, et se4.
P-S
Receipt is hereby acknawledged afthe following addenda to the plans and specifications:
Addend� No. l dated i✓c �/� �7�--�- Received
Addendum No. Z dated Received.
Addendum Na. 3 dabed Received
Addendum No. 4 da.ted R,eceivecl
Addend�un No. 5 dated Received
�� o F.- �v...b l: c� Co w-p/� ^'�
CONTRACTpR
�
SY
� o• /�ox Z5 d
�tr� �E33
�'e.. � T'ta n/� ! fa aC,4 S 71v � Z
Clty at111 S�C
Seal � Aut�orization
(If a Corporation) /n4�p '�� Z- Z S�/
Telephone
P-6
VENDQR COMPLYANCE TO STATE LAW
The 1985 Session of the T�as L,egislature passed House Bil� 620 relative to the award of
cantracts to non-resident bidders. T�is law provides tbat, in order ta be awamded a contract
as low bidder, non-resident hidders {ouk of-state contractors whose crngorate a$"ices csr
principal place of bnsiness are outside of tbe State uf Te�xa�} bid pmjec�s for constructi�n,
improvemen�ts, supplies or services in Texas at an amount lowes than the lawest Texas
resident bidder by #he same amaunt that a Texas resident bidder would be required to
urxderbid a non-resident bidder in artiier to obtain a camparable contr�ct in the sta,te in which
the nun-resident's principai pIace of bus-iness is located. The appropriate blanks in Section
A belaw must be filled out by all out-af-siate or nan resident bidders m. onder for y�our bid to
meet specifications. The failure of aut-oF state or non-resident co�hactars to do so will
autamatically disquatify that bidder. Resideni bidders must check the blank in Section B.
A. Non residerrt biddeis in (give state}, our prin�cipal place af
���� � �� � � - percent lower tt�an residerrt
bidders by st�te law. A co�ay of the statute is attach�-
Non resident bidders in (give s#ate), our principal place of
bnsiness, are not required to underbid resident l�iddcrs.
$. Our principal place o£business or corporate o�oes aie in the Sta#e a£Texas: �
: �� ���1�
jo �. - �.., �a l; � �,�....�o��
ca��
B� �.-�--: -
Y? O. ��x. Z � �
Sireet Address
�'J� � �-o �,, r�.�S 7���
City and State
THXS FORM MUST BE RETURNED WITH YOUR �ID.
P-7
CQNTRACTUR COMPLIANCE TU TEXAS SALES TAX CUDE
Complp with all requirements of the Texas Sales Tax CQde, The Gontractar hereby certifies
ihat ihe Contract Amount is divided as follaws:
MateriaLs incorporated into the Project
(resold �o the Owner as defined in Tax Code)
All other cl�rges and costs
Total
The total must equal the tvtal amount of the Contract.
CONTRACTOR
9 Q � � �w�o l�'� L.Ow-(JJ� +`f �
1.01Y1�fi1V 1 •
BY
�\\�
.�? O. /�,x Z5�'
S#reet Address
��,,,r � a�/ �� EX a-S 7 6 7�0 �-
Ci�y and State
$ S �, 5��. ?• o 0
� /��, fi93.od
� Z5�/� �zo. o0
THIS FORM S�ALL BE EXECUTED AT THE TIlVIE OF EXECUTION OF THE
CONTRACT AND SAALL BE MADE A PART OF THE CONTRAC'r.
P-8
r. s , ,;��.........�
�r
�(�.
i �. _._.. _•..lM�%Y
'�� k s"'1�f �.-� �r �',�;
Bond No. Bid Bond
C�~ilJ�� GI��U� �� IIVSUF�ARIC� �Oi!/IPA6VIE�
BID BOND
FE�ERAL (NSUEtANCE COMPANY
Amount $ 5%
I�n�w All OUlen By Th�se IPres�nts,
That we, Jagoe-Public Company
�020 Fort Worth Drive
Denton, TX 76202
(hereinafter called the Principal),
as Principal, and the FEDERAL (NSURANCE GOMPANY, Warren, New Jersey, a corporation du[y organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Denton
901-B Texas Street
Denton, TX 76209 (hereinafter caNed the Obligee),
iri the Sum of F'ive Percent of the Amount Bid Dollars
(� g% ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmfy by these presents.
Sealed with our seals and dated this 15th �ay of September, 2011
WHEREAS, the Principaf has submitted a bid, dated September 15, 2011
forBid #4801; Brown Street & Preston Place 8" Sanitary Sewer Replacements
Denton, Texas
NOW, THEREFORE, TH� C�NDfTfQN OFTHlS OBLIGATION !S SUCH, that if the �bligee shall accept the bid of
the Principal and the Principal shafl enter into a contract with the Obligee in accordance with such bid and give bond
with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the
Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not
to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may
legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the
former, then this abligation shall be null anct void, othernrise to remain in full force and effect.
Jagoe-Public Company
Principal
By:
— v ^ �� ds�`�
FEDERAL IN5URANCE COMPANY
By:
Cannie Jean Kre , Attorney-in-Fa
POWEH Federal Insuranae Company Attn: Surety Department
Chubb pF y�gilant Insuranoe Company 15 Moantain Viewr Aoad
SuCety ATTORNEY pa�fic Indemnity Company Warren, NJ 07059
�usa
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corpo�ation, VIGILANT INSURANCE
COM�ANY, a[Vew Yorfc corparatlan, and PRCIFIC IIVDEMMITY CaMPANY, a Wisconsin corporat�an, do each hereby canst+tute and
a� ppoint Bert Guiberteau Jr. of Baton Rouge, Louisiana; Stephen L. Cary Melanie Stern and Pamela K.
Tucker of Metairie, Loufslana; Connie ]eanlCrege! and ]effreyTodd McIntosh of Richardson, Texas --------
each as their true and lawful Attomey- In- Fact to ezecufa under such designation in iheir names and to affix lheir corporate seals to and dei'rver for and an their bahalt as surety
therean or olhervvlse, Eonds and undertakings and ather writings obligamry in the nahire thareat (other t1�an bail bonds) given or executed in the course of business, and arry
instn,ments amending or altering the same, and consenLs to the modiflcallon or elterallon of arry instrumenl refened to in sald bonds or obliga6ons.
In witness Whereot, said FEDFAAI INSURANCE COMPANY,1fIGILANT INSURANCE COMPANY, and PAGFlC INDEMNl7Y COMPANY have each executed and attesfed
Ihesa presents and aflixed thelr corporats seals on this � ffih day of MafCh� 20� 1.
� ��'� �
��
an C. Wertde, Assi rt S cre Davl . orris, Jr„ Vlce Presi
STATE OF NEW JERSEY _
ss.
Caunty of Somersd
On this 16#h day of March, 2�11 befare me, a Notary Publlc ol New Jersey, personaliy came Kenneih C. Wendel, to me
knawn lo be Assistant Sacrelary oi FEDERAL INSURANCE COMPANY, VIGILANT 1N5URANCE COMPANY, and PACIFIC INQEMNffY CoMPAIVY, the campenles which
executed the foregoing Power of Aflomey, and the sald Kenneth C. Wendel, befng by me duly svuom, dld depose and say thet he Is Assistant Secretery af FEQERAL
INSURANCE (70MPANY, VIGILANT INSURANCE CQMPANY, end PACIFtC�iNAEMNITY COMPANY and knows 1he carporate seels Ihersaf, �hat Ihe seals aHixed bo the
loregoing Power of Attomey are such co�porate seals 2�d were thereto affixed by authoAry of the By- Laws ot sald Companles; and that he signed sald Power ol Attomey as
Assistant SeCretary oi seid Companies by Ilke authority; and that he Is aCqualnted with David 6. IVoMs, Jr., and knouus him lo be Vlce Presldent of seid Companias; and lhat fhe
signature of David B. NoMs, Jr., subscribed to said Power oi Attomey is in the genufne hendwrfUng o1 David B. NorAs, Jr., and wes thereto subscribed by authority of said By-
Laws and in deponenPs presence.
Notadal seel K/1TMERINE 3. ADELAAR
N, P�p'fqRY PU8L4C OF NEW JEkSf1 �� �
Nc^. 231 b685 G`�%��
� µar�r <� �mmi�ion Expi�a Juty 1 b. 203� /��
+� �v �p Notary Puhlic
�FUBLIC .
.�?'J� C�R7tFICATION
ExUact from the By- Laws af FEDERAL INSURANCE COMPANY, YIGIk11M1iT INSURANCE COMPANY, end PACIFIC INDEMNfTY'COMPANY:
"All powers af aftomey for and on bahelF of the Company may end shell he axecuted in the name end on behalf o( the Company, either by the Chairman or the
President or a Vlce President or an Asslstant Vice P�esidecd, jalntly w�th the Secretary or an Asslslani Seoretary, under thalr respective designations, 7rie
slgnsture at such otfloers mey be engraved, pdnted or Ifthogrephsd. The signature of each of the fallowing afAcers: Cha�mrarr, President, any Ylce Presldent, arty
Asslstant Vlce President, ar�r Secretary, any Assistant Secretary and the seal of the Company mey be alfixad hy Iacsimlle to ary power oi anumey or to any
ce�tificate refaling therato appoirning AssistaM Secreteries or Attomeys- In- Facl lor purposes only of executing and ailesting h�ds and undertakings and other
writings obligalory In lhe nature thereo(, and arry such pewer oF attomey or certf�cste beering such facsimlle signature or facslmlle seal shall be va11d and binding
upon the Company and any s�ch powe� so execufed and certifled by such facsimtie signature end facsimiia seal shall 6e valld and binding upon the Company
with respect fo any bnnd w underteking to whidi it is eftashed."
1, Kennelh C. Wendel, Asalstarrt Secrelary ol FE�ERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFlC INOEMNffY COMPANY
(the'Campanies'� do fiereby certffy that
(Ij the foregaing exiract o1 the By laws ot the Compenies Is true and correct,
(ii) the COmpanies are duly lice�lsed and authortzed to lransaet surety business In all 50 of !he Un"ded States ot l�merica and the Districl Of Columbla and are
aulhorixed by ihe U.S. Treas�sy Departmer� fuRher, Federal and Vigilant are Ilcensed in Puerto Rieo and the U.S. Vlrgin Islands, and Fedaraf is Ilcensed In
Amerlcan Semoa, Guam, and each ai the Provinces oi Canada except Prince Edward Istand; and
(iii) the loregofng Power al Attomey is We, oorrect and fn Eull fome and eNact
�iven under my hand and seals of satd Companles at WaRen, NJ thfs 15 th dey oi September , 2 011
�R -^F �kfE
� • ,,� �� � � ��
ir-- � �r �
r� < * s �� �� �
�OIAM�` � �N'
Kenneth C. W el, Asslstant Seeretery
lN THE EVENT YOU W1SH TO NOTIFY US OF A CLAtA+{, VERIFY THE AUTliENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHEH
MATTER, PLEASE CONTACT US AT ADDRESS [JSTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3658
Fortn 15-10- 02258- U(Ed. 5- 03) CONSENT
Pal�cyholder Infori�raf�on !�loti�e
IMPORiAN i 1ld0 i I�E
To obtaiu iuformaiioii or mal�e a complaini:
You may call Chubb's toll-free tele�hone number
for iuformatioiz or to make a complaint at
�-500-36-CHU�B
You may contact the Texas De�artm.eut of
Ii�surauce io obtain ilformation on com�aui.es,
co'verag�s, rights or camplaints at
1-800-252-3439
You may wri�e t]ie Texas De�at-Inient of Iiisurauce
P.O. B ox 149104
Austiu, TX 70714-9104
FAX # (512) 475-1771
WeU: http://www.tdi.state.tx.us
�-mail: ConsumerProtectionC �di.state.tx.us
�R�MIUIUI OR eLA1�Ul DISPU i ��:
Should you have a dispuie conceinin g your premtllln
or abou� a claim you should contact the agent �-st.
If tlie dispute is noi resolved, you may contact the
Texas Depar�iient oi �iisw'auce.
�I7i"AGH iHIS IVOi7C� TO �f�UR FQZ6Ci�
This uatice is ior iufornlation only and does not
become a part or conditiou of i11e attached
do cument.
AVISO IIVIP�R'iAN i E
Para obtener iufor�acion o�a�'a so�eter una
quej a:
Usied puede llamar al numero de telefono gratis
de Chubb's para infornzacioii o�a1a someter una
quej a a1
1-&00-36-CHUBB
Puede comunicarse con el Depariamento de
Segw-os de Texas pa�-a obteuer iuformaciou acerca
de ca3npania�, ccbei-tura�, derechos o queja� al
1-500-252-3d39
Puede escribi� al I�epariamento de 5egui-os de
Texas
P.O. Box 149104
Austiu, TX 78714-9104
FA� � (512) 475-1771
Web: ht�p://www.id-i•state.tx.us
E-mail: ConsumerProtectionC tdi.staie.�x.us
DISPUi"AS SaBREFRfIi/IAS t] R��L,��I�fOS:
Si tiene u.na disputa coucer�i.ente a su pi�a. o a un
reclamo, debe comw�icarse con el ageute pii�ero.
Si no se resueve la disputa, puede entonces
comunicarse con el depai-tan.leuto (TD�.
UlilA ��T� AI�ISD A S(! POLI�A:
Este aviso es solo para proposito d.e iufoi�nacion y
no se convierte en �ai-te o coudicion del documento
adjunto.
BID No: 4801
PRUPOSAL
T�
TI� CIT`Y OF DENTON, TEXAS
FOR THE CQNSTRIICTION OF
B12UWN STR�ET & PRESTON PLACE 8" SANiTARY SEWER
REPLACEMENTS
IN
DENT�N,TEXAS
The unclersigned, �s bidder, declares tbat the only persan or par�ies interested i� this
proposal as principals are ihose named herein, that this prngosal is made wrthout collusion
with any other person, firm, or corparation; that he has camefully examined the forrn Qf
conGtact, Notice to Bidders, s�cificatio�s and the plans therein referred to, and has carefiilly
examined the locativns, conditions, and classes ofma#�ri.als of the proposed work and agrees
that l�e will provide all the necessary Xabor, maclunery, tvols, apparatus, and other items
incidental to const�uctian, and will do all the wnrk sud fumish all the materials called for in
the contract and specifieations in tt�e mannea prescribed herein. and according �o the
requirements of i�e City as therein set forth
It is und�cst4od t1�at the �allowing quanti#ies of wQrk to be done at uinit prices ar�
approxitnate only, and are intended principally to serve as a guide in eval�ating bids.
It is a�eed tbat the qciantities of woiic to be done at unit p�ices and material to be furnished
may be increased or dimmished as may be consicieied necessaay, in the opinion of the City,
to c:omplete the work fuliy as planned and con#emplatied, and that all quantities of work
whether increased ar decreased are to be performed at the unit prices set fo�th below except
as provided for in the speeifications. Tlie contractor shall pro�ide the n�eric unit price and
the unit prioe in wards far each quan�ity. Unit price in words gove� over the numeric
price given.
It is furthec a�reed that luunp 5um priees may be inczeased to cover additianal work ordered
by the Gity, but not shown on the plans or required by the s°pecifications, in accordsnce with
the provisions to the General Canditions. Similarly, t�ey may be decreased. to cover
deletian af wark so ordered.
It is understood and agreed that the work is tv be oompleted in full within the nttmber of
workdays shown on the bid tabulation sheet.
P-1
Accomp�nying this pmposal is a certified or cashiez's check or Bid Band, payable to the
Owner, in the �mount of five perocent of the total bid
It is understood that the bid security accompanying this pmposal shall be retumed to #he
bidder, unless in case of the acc�ptance of the proposal, t�e bidder shall fail to �ecute a
contract and file a performance bond and a pa.yxnent bond within fifteen days after i#s
acceptanoe, in which case the bid securifiy shail b�ome the properiy of the Owner, and s,ha11
be considereri as a payment for da,mages due tQ delay and othe� inconveniences s�ffered by
the Own.er on account of such failune o�the bidder. Qwn►er.reserves the right to reject any
and alI bids. Owner may investigat�e the prior perfarman,ee of bidde� on other couh�cts,
either public or private, in evaluatmg bid proposals. Shauld bidder alter, change, or qualify
any spe�ificatian of the bid, Owner may sutoma.tically disqualify bidder. .
The undersigned herebY I�F�� and agrees ta perfo� all work of whatcver nature
req�ired, in strict accordanee with the plans and specifications, for the following sum or
prices, to wi�
P-2
� vr �v.
'4��"��'` CERTIFtCATE 4F LIABiLITY INSURANCE DATE(MMIDDNYW)
iy�,��-� 11/02/11
THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFF�RDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOE5 NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL IPISURED, the policy(�es) must be endorsed. If SUBROGATION IS WAIVED, sub�ect to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
aROOUC�a
Cory, Tucker & Larrowe, Inc.
P. O. Box 6646
Metairie. LA 70009•6646
INSURED ,lagoe-Pu6licCompany
J. Lee Milligan, Inc.
P. O. Box 250
Denton, TX 76202-0250
504�34-5080
C��q���,
\l`'" �
Travelers
Texas Mutual Insurance Co
Co
674
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE� BELOW HAVE BEEN ISSUED TO THE INSURE� NAMED ABOVE FOR THE POLICY PERIOD
INOICATED. P10T�lVlTHSTAN�ING ANY REQUIREMENT, TERM OR COf�l�ITION aF ANY Cf�NTRACT OR rJTHER DOCUMEN[T �NITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLIJSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR � POLICY EFF POLICY EXP LIMITS
� NPEOFINS CE POLICYNUMB
GENERAL LIABILi7Y ` / ERCH OCCURRENCE $ i3OOO�OO
A X COMMERCIALGENERALLIABILfTY C08555R61Y 10l01N1 10/01l72 pREMISES Eaaccurrence $ 300���
CLAIMSMADE � OCCUR MED EXP (Anyone rson) $ 5,00
PERSO'NAL & A4V 4SdJURY $ �,������
GENERALAGGREGATE $ 2�000,00 �
GEN'LAGGREGATELIMffAPPLIESPER: PRODUCTS-COMP/OPAGG $ Y,OOU,OO
POLICY X PR0. �� $
AUTOMOBILE LIABIL/ITY _ COM INED SINGLE LIMIT $ ��OOO�OO �
(/ 8708555R619'� 10/01/11 10l01/12 accident)
B X ANYAUTO BODILYINJURY(Perperson) $
ALL OWNED AUT0.S B0441Y 4NdURY (Pes accident) $
SCHEDULEDAUTOS pROPERN DAMAGE
X HIREDAUTOS (Peraccident) $
X NON-0WNEDAUTOS $
$
UMBRELLALIAB X OCCUR
EACH OCCURRENCE $ 8,000�00
AGGRECa� $ H2OOO,OO
EXCESSLIAB CLAIMS-MAOE 10l01l11 10101/12
g CU P8555 R619
DEDUCl18LE $
RETENIION $
WORKERSCOMPENSATION X ORSLA S ER
AND EMPLOYERS' LIABILITY
C ANYPROPRItTOR/PAR7NER/EXECUTIVE Y� TSF00001072855 70/D1111 10/07/72 E.L.EACfiACCIDENT $ �,00���� �
OFFICERlMEMBER EXCLUDED? N �A 'I OOO�OO ��
(MandatorylnNH) E.L.DISEASE-EAEMPLOYE $ r
If yes, describe under 1,000,00 �
DESC IPIIONOFOPERAT10NSbal E.L.DISEASE-POLICYLIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES {Attach ACORD 707. P.ddRlonal Remarks Schedule, If more space Is requlred)
RE: Brown St. & Preston Place 8" Sanitary Sewer Rep. ✓
/�CCTICIf�ATC YA1 IICC CMICELLATION _
City of Denton Y
Materials Management Division
901 B Texas Street
Denton, TX 76209
DENT002 I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN
ACCORDI4NCE WITH THE POLICY PROVISIONS.
AUTHORIgDREPRESENTATNE �
'_��r�r`x : ��✓��i.^�.�i-!
O 1988-2009 ACORD CORPORATION. AI! rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD