2006-336ORDINANCE N00~3
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE COOK STREET WATERLINE AND
REPAVING PROJECT FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3586-COOK STREET
WATERLINE AND REPAVING AWARDED TO JAGOE-PUBLIC COMPANY IN THE
AMOUNT OF $178,599.50).
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 1. 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
3586 Jagoe-Public Company $178,599.50
SECTION 2. 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 3. 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 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.
PASSED AND APPROVED this the day of ,2006.
9,e~62- Y~
PERRY It. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
4-O id 3586
EDWIN M. SNYDER, CITY ATTORNEY
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 12 day of December A.D., 2006, 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
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 3586 Cook Street Water Line and Repaving
in the amount of $178,599.50 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 fiunish 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 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:
City Engineering staff
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
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C
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, employees, of the Owner. Contractor likewise 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.
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S
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
ATTEST:
City of Denton
OWNER
BY C_=
(SEAL)
CONTRACTOR
ingne pohiic rn
P O Box 250
Denton, VG
MAILING ADDRESS
Yo 3gL 2S-Sr/
PHONE NUMBER
7YO 3k2- 9-732-
APPROVED AS TO FORM:
C
1,01Y ATTO
FAX NUMBER
- U.
BY:
TITLE
PRINTED NAME
(SEAL)
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PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
c w'J
Bond No. /:,'?53834
KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company whose
address is. PO Box 250 Denton TX 76202 hereinafter called Principal, and
SureTec Insurance company , a corporation organized and existing under the laws
of the State of Texas and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal
SUM of _ONF HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED NINETY NINP
AND 50/100 DOLLARS(W8.599.50) plus ten percent of the stated penal sum as an additional
sum of money representing additional court expenses, attorneys' fees, and liquidated damages
arising out of or connected with the below identified Contract, in lawful money of the United States,
to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents. This Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement, which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the
penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006-336, with the City of Denton,
the Owner, dated the 12 day of December A.D. 2006 , a copy of which is hereto
attached and made a part hereof, for Bid 3586 Cook Street Water Tine and Repaving.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Owner, with or without notice to the Surety, and
during the life of any guaranty or warranty required under this Contract, and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all
defects due to faulty materials and workmanship that appear within a period of two (2) years from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify and save harmless the Owner from all costs and damages which Owner may
suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
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PROVIDED FURTHER, that if any legal action be tiled 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, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be perlbnned 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
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby 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 instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 12th day of December, 2006
ATTEST:
BY:
SECRE ARY
ATTEST:
BY: (M LYO L--
Cindy Fowl witness
PRINCIPAL
0
Jagoe-Public Company
BY: l`
V((-F- PRESIDENT
SURETY
'y" \l/~v..~
BY: i
ATTORNEY'
Beverly M. Trimble
The Resident Agent of the Suretyin Denton County, Texas for delivery of notice and
process is:
Beverly M. Trimble
NAME: Allied North America Insurance Brokerage of Texas, LLC
STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
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STATE OF TEXAS §
COUNTY OF DENTON §
is
, hereinafter called Principal, and SureTec Insurance Company ✓ , a corporation
organized and existing under the laws of the State of Texas and fully authorized to
transact business in the State of Texas, as Surety, are held and firmly bound unto the City of
Denton, a municipal corporation organized and existing under the laws of the State of Texas,
hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials
for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
50/100 DOLLARS v($ 178,599.50.J'in lawful money of the United States, to be paid in Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents. This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change Order
or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2006-336, with the City of Denton,
the Owner, dated the 12 day of December A.D. 2006 ,✓a copy of which is hereto attached
and made a part hereof, for Bid 3586 Cook Street Water Line and Repaving. ✓
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or iddition to the terms 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
such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Specifications, Drawings, etc.
PAYMENT BOND
Bond No. 4353834
KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company ~,fvhose address
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This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby 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 surety, 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 instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 12th day of December , 2006
ATTEST:
PRINCIPAL
Jagoe-Public Company
✓
BY: Adej~
„Xf J ° -
SECRE ARY BY:
VICE PRESIDENT
ATTEST:
BY: f L/11(I ai tJ
Cindy Fowl r, Witness
SURETY
c Insurance
BY: ( R
ATTORNE -IN-FACT
Beverly M. Trimble
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and
process is:
Beverly M. Trimble
NAME:Allied North America Insurance Brokerage of Texas, LLC
STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, TX 75251
(NOTE: Date of Payment Bond must be datebf Contract. If Resident Agent is not a corporation,
give a person's name.) - ,
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Pop 9: 4221003
Su_reTec Insurance Company
LIMITED POWER OF ATTORNEY
Knorr All -Men by These Presents, That SURETEC INSURANCE COMPANY the "Company"),-a corporation duly organized and,
existing under the laws of-the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
-umke, constitute and appoint
L. Ray Pitts, Jr., Beverly M. Trimble-4 chard M. Abbott, Steven Jay Rauch, Connie Jean Kregel,.Jeffrey Todd McIntosh
of - Daum. Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to, the conditions of contracts and consents of surety, providing the bond penalty does not exceed -
Five Million and no/100 Dollars ($5,000,000.00) -
- and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the. President,' sealed with the. corporate
...seal of tine Company and duly attested by its Secretary, hereby ratifying and crytf rming all that the said Attorney(s)-in-Fact may doin the
premises. Said appointment shall -continue in force until July 31, 2005 and is made trader and by authority of the. following
resolutions of.the-Board of Directors of the SureTec Insurance Company: - - " - "
- Be it Resolved, that the Presidem,'any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall. be and is
- hereby. vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact'to represent and act for and on -
behalf of the Company subject to the following provisions: - - - - - -
Anorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and allbonds„recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings. and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Ile it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
- - - any certificate relating.thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect.to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20i° of April,
-1999)
In Witness Whereof, SURETEC.INSURANCE COMPANY has caused these presents to be signed by its P_ie_sid_ent, and its corporcte seal I. - -
to be hereto affixed this 20th day of June, A.D. 2005.
'URE'1'EC INS Jd~CE COMPANY
- O0' - /
By:
Bill King, rc ant -
State of Texas.-- - ss
r--- - County of Harris - _
- - On this 20th day of June,. A.D. 2005.1before me personally came Bill King,:to me known, who, being by me duly sworn,. did depose andsay, that he
resides in Houston, Texas, that he is President of SURETEC fNSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the scat of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the_
- -Board of Directors of said. Company, and that he signed his name thereto by like order.
Michelle Denny
Notary Public;
State of Texaa /Y N VI o.P/vyj k
MyCotmnlsalon Expkm Michelle Denny, Notary Pub is ` -
- _ - - - - - - - AuguSi 27, 2008 . My conunission expires August 27;2008 1, M. Brent Beaty,, Assistant Secretary of SURETEC INSURANCE COMPANY, do. hereby certify that the above and foregoing is a true and correct copy
. of a-Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attomeyare in full force and effect, -
' Given under my hand and the seal of said Company at Houston, Texas this ~T1'V day of iJQ 'Q , 20 , A.D.
-M. Brent Beaty, AssistanESe re ry- = -
Any instrument issued'i t exc +s aE:F r3 oa1M tat^d above is totally void and without any validity.
- For verification of tho awh-
)rdy of i spower }ov ay call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. -
i of
S.ureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Ste. 320
Austin. TX 78759
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof,
nor the consequences of their occurrence, existence, or appearance.
Triple Rider with Mold Excl.doc rev. 1103
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorsements as prescribed and provided
herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid award, all insurance
requirements shall become contractual obligations, which the successful bidder shall have a duty
to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time,, however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived after
bid opening unless a written exception has been submitted with the bid. Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• All policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERMLLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTENNOTICE IS REQUIRED'.
• 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, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[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 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 shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of
basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCQ.
[ ] 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.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an 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.
[ ] 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 "blanket" 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.
ATTACHMENT I
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as foodibeverage 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:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
1. 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
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other 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) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(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.
Prbject Name: Cook Street Water Line and Repaving
Cooke Street Water Line Subtotal Bid A
BID TABULATION SHEET
Work Days 6o
Bid No. 3586
P.O. No.
Item Description Quantity Unit Unit Price
Total
103.1 Contractors Warranties and Understandings 1 LS $4,000.00
$4,000.00
Unit Price in Words FOUR THOUSAND DOLLARS AND NO CENTS
201
Tem ra Erosion Control
1
LS
$600.00
$600.00
Unit Price in Words SIX HUNDRED DOLLARS AND NO CENTS
402.3-A
Concrete Saw Cut
70
LF
$6.25
$437.50
Unit Price in Words SIX DOLLARS AND TWENTY-FIVE CENTS
501.14
6" PVC C900 Water Line
822
LF
$50.00
$41,100.00
Unit Price in Words FIFTY DOLLARS AND NO CENTS
502.10.2.3
6" Tapping Sleeve and Valve
3
EA
$1,000.00
$3,000.00
Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS
502.5.2
Ductile Iron Fittings
0.25
TN
$14,000.00
$3,500.00
Unit Price in Words FOURTEEN THOUSAND DOLLARS AND NO CENTS -
801
Barricades, Warning Signs, and Detours
1
LS
$1,500.00
$1,500.00
Unit Price in Words FIFTEEN HUNDRED DOLLARS AND NO CENTS
203.3-B
Remove Concrete Curb and Gutter
5
LF
$12.00
$60.00
Unit Price in Words TWELVE DOLLARS AND NO CENTS
107.2
Project Signs
2
EA
- $450.00
$900.00
Unit Price in Words FOUR HUNDRED FIFTY DOLLARS AND NO CENTS
402.3-B
As haft Saw Cut
1796
LF
$3.00
$5,388.00
Unit Price in Words THREE DOLLARS AND NO CENTS
203.3 Preration of Right of Way
1
LS
$1,150.00 $1,150.00
Unit Price in Words ELEVEN HUNDRED FIFTY DOLLARS AND NO CENTS
502.10.3
Water Service Tap
11
EA
$1,000.00
$11,000.00
Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS
SP-27
Water and Sewer Service Adjustment
1
EA
$1,000.00
$1,000.00
Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS
SP-30
Abandon Existing Water Line
1
EA
$1,000.00
$1,000.00
Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS
SP-31
12" Steel Pi Casing and Casing Spacers
50
LF
$150.00
$7,500.00
Unit Price in Words ONE HUNDRED FIFTY DOLLARS AND NO CENTS .
107 .19.3
Excavation Protection
822
LF
$1.00
$822.00 '
Unit Price in Words ONE DOLLAR AND NO CENTS
P-3
10/6/2006
124-
lb-
Project Name: [ Cook Street Water Line and Repaving
Cooke Street Water Line Subtotal Bid A
Work Days 60
Bid No. 3586
P.O. No.
SUBTOTAL BASE BID $82,957.50
P-4
10/6/2006
~C
Project Name: Cook Street Water Line and Repaving
Cooke Street Water Line Subtotal Bid B
BASE BID
BID TABULATION SHEET
Work Days 60
Bid No. 3586
P.O. No.
Item
Description Quantity Unit Unit Price Total
103.1
Contractors Warranties and Understandings 1 LS $3,500.00 $3,500.00
Unit Price in Words THIRTY-FIVE HUNDRED DOLLARS AND NO CENTS
203.3-A
Remove Concrete Sidewalk and Driveway
15
SY
$15.00
$225.00
Unit Price in Words FIFTEEN DOLLARS AND NO CENTS
203.4
Unclassified Street Excavation
339
CY
$25.00
$8,475.00
Unit Price in Words TWENTY-FIVE DOLLARS AND NO CENTS
203.7
Compacted Fill
170
CY
$16.00
$2,720:00
Unit Price in Words SIXTEEN DOLLARS AND NO CENTS
302.9-A
A haft Pavement - 5" Type B
1633
SY
$16.00
$26,128.00
Unit Price in Words SIXTEEN DOLLARS AND NO CENTS
302.9-A
halt Pavement - 2" Type C
1633
SY
$8.00
$13,064.00
Price in Words EIGHT DOLLARS AND NO CENTS
TUnit
201
Tem re Erosion Control
1
LS
$500.00
$500.00
Unit Price in Words FIVE HUNDRED DOLLARS AND NO CENTS
402.3-A
Concrete Saw Cut
31
LF
$6.00
$186.00
Unit Price in Words SIX DOLLARS AND NO CENTS
305.1
Concrete Curb & Gutter
828
LF
$16.00
$13,248.00
Unit Price in Words SIXTEEN DOLLARS AND NO CENTS
305.2-A
Concrete Driveway Approach 6" Thick
85
SY
$42.00
$3,570.00
Unit Price in Words FORTY-TWO DOLLARS AND NO CENTS
801
Barricades, Wamin Signs and Detours
1
LS
$1,000.00
$1,000.00
Unit Price in Words ONE THOUSAND DOLLARS AND NO CENTS
301.2.1
Hydrated Lime (Slurry) 27 TN
$110.00
$2,970.00
Unit Price in Words ONE HUNDRED TEN DOLLARS AND NO CENTS
203.3-B
Remove Concrete Curb & Gutter
888
LF
$5.00
$4,440.00
Unit Price in Words FIVE DOLLARS AND NO CENTS
301.2
Su rade Treatment
1960
SY
$5.00
$9,800.00
Unit Price in Words FIVE DOLLARS AND NO CENTS
107.2
Project Signs
2
EA
$450.00
$900.00
Unit Price in Words FOUR HUNDRED FIFTY DOLLARS AND NO CENTS
P-5
10/27/06
402.3-B
Asphalt Saw Cut
100
LF
$3.00
$300A0
Unit Price in Words THREE DOLLARS AND NO CENTS
203.5
Preparation of Right of Way
1
LS
$2,000.00
$2,000.00
Unit Price in Words TWO THOUSAND DOLLARS AND NO CENTS
202.5
Block Sod
218
SY
$12.00
$2,616.00
Unit Price in Words TWELVE DOLLARS AND NO CENTS
SUBTOTAL BASE BID
$95,642.00
P-6
10/27/06
Project Name: Cook Street Water Line and Repaving
Cooke Street Water Line Subtotal Bid B
BID TABULATION SUMMARY SHEET
Work Days 60
Bid No. 3586
P.O. No.
COOK STREET WATER LINE SUBTOTAL BID A $82,957.50
STREET REPAVING SUBTOTAL BID B
~OTAL BASE BID - SUBTOTAL BID A PLUS SUBTOTAL BID B $178,599.50
P-7
10/27/06
:
ACORD
CERTIFICATE OF
LIABILI
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INSURANCE
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PRODUCER (q'72)
455-1400
B
AS A MATTER OF INFORMATION
THI IS ISSUED
ND CONFERS NO RIGHTS UPON THE CERTIFICATE
Allied North
America Insurance
ONLY A
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Brokerage of
Texas, LLC
12770 Coit Road, Suite 750
INSURERS AFFORDING COVERAGE
NAIC #
Dallas
TX 75251-
INSURER A TRAVELEAS LLOYDS
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INSURERCPHOENIX INSURANCE CO
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Denton
TX 76ZO1-
INSURER E:
COVERAGES _ vnTLFTUCTANI)Wr ANY I
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HAVE BEEN ISSUED TO THE INSURE
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AGG
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REDUCED BY PAID CLAIMS.
P
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UNITS
INSRA
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TYPE OF INSURANCE
POLICY NUMBER
DATE IMMIDOD'17
DATE MWO
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EACH OCCURRENCE
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10/01/2006
10/01/2007
COMBINED SINGLE UNIT
$ 11000,000
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AUTOMOBILE LIABILITY
(Ea ACaaern)
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DESCRIPTION OF OPEMTIONSAACATbNSWEHNXE9IE%GLUSNiMB ADOEO BY E1lOOR9EMBn9PCCNL PROVISIONS
in
R
g
epav
Ra: Bid 3586 Cook Street Water Line a
((SAN) Attached for Spacial Wording))
ucn nr•....,c~.. ANY
LDenton - SHOULD ANY OF 7NE ABOVE pESCRIBED POUGEB BE CA NCELLED BEFORE THE
EXPIRATION re THEREOP, THE ISSUING INSURER W" XMIOXXXXX01 MAIL
3O DAVE WmT NOTICE TD THE CERTIRCAYE HOMER NAMED TO THE LEFT. K"
nton✓ g Department kory Suite B AUmor~ED REPR TX 76205- OACORD CORPORATION 7988
ACORD 25 (2001108) Pegs + m a
*A INS025(01w).OS ELECTRONIC LASER FORMS. INC.-IMID7=
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject 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 certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2007100)
C INS025 (DIM) as
Pa 202
Attached to and forming part of Certificate of Insurance dated 12/20106 issued to City of
Denton:
ATTACHMENT I
Re: Bid 3586 Cook Street Water Line & Repaving ✓
City of Denton is granted a waiver of subrogation on the workers compensation
policy as respects the referenced contract.-City of Denton is an additional incur
_!p!u_md on the [ olicy to the extent of the coverage required and only in the
minimum amount required by contract, and only with respect to liability anssmm~ out
of work done or by or on behalf of the named insured under such contract.'Said
policies shall not be cancelled, non-renewed, or materially changed without 30 days
advance written notice being given to the Owner, except when the policy is being
cancelled for non-pa ygent of premium, in which case 10 days advance written
notice is required. ✓ y
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