2003-174Om N CE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF MALONE STREET IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2925-URBAN STREET PROGRAM-MALONE STREET CS J0918-46-
106 AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $445,152.90).
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. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
2925
CONTRACTOR
J~oe-P~licCompany
AMOUNT
$445,152.90
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution ora written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of fimds in the manner and in the mount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5'. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the //f ~'~dayof. ~ ,2003.
{/
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered' into this
A.D., 2003, by and between City of Denton
and State of Texas, acting through
hereinafter termed "OWNER," and
17th .day of June
of the County of Denton
Michael A. Conduff thereunto duly authorized so to do,
Jagoe-Public Company
PO Box 250
Denton, TX 76202
of the Cityof Denton
termed "CONTRACTOR."
, County of Denton
and State of Texas , hereinafter
WITN~SSETH: 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//2925 - Urban Street Program - Malone Street CSJ0918-46-106
in the mount of $ 445,152.90 and all extra work in connection therewith, under the
terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete the work specified above, in
accordance with the conditions and prices stated in the Proposal 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 the
plans, which includes all maps, plats, blueprints, and other drawings and printed or written
explanatory matter thereof, and the Speciftcations therefore, as prepared by:
City of Denton Er.m.'neering 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 be~veen 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 shalt not have
supervision and control of Contractor or any employee of Contractor, and it is expressly understood
that Contractor shall perform the se~ices hereunder according to the at~ached specifications at the
general direction of the City Manager of the City of Denton, Texas, or h~s 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, fi:om 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 fights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be govemed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
OWNER
City of Denton
ATTEST:
/- - /
(SEA~)
Jagoe-Public Company
RO. Box 250
Denton, TX 76202
CONTRACTOR
MAILING ADDRBSS
¢4/0 ?X2 . z~-,~ I
PHONE NU1VfBER
¢"{0 382-
FAX NLIMBER
APPROVED AS TO FORM:
CITY ATTOR~Y
BY:
TITLE
PRINTED NAME
(SEAL)
CA - 3
Bond #SP3937
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company~vhose address
is PO Box 250, Denton, TX 76202 hereinafter called Principal, and
St Paul Fire and Ma~ine ....... .
' ~ , a corporauon orgamzea ana existing unaer the laws
! c~ Contpd~y . . .
~{~a~{~ of ~,~,k~.__, and fully authorized to transact business m the State of Texas, as
Surety, are held and firmly bound mato the City of Denton, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter called Own,.~ in the penal sum of
Four Hundred Forty Five Thousand One Hundred Fifty Two and 90/100,,DOLLARS ($445,152.90)'~
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 counected 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, adm{nistrators, successors, and assigns, jointly and severally, fn'mly 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 2093-174, with the City of Denton,
the Owner, dated the _17th .day of June A.D. 2003 ,'~a copy of which is hereto attache, ii
and made a part hereof, for Bid #2925 Urban Street Program - Malone Street CSJ0918-46-106.
NOW, THEREFORE, if the Principal shall well, Iruly and faithfully perform and fulfill all
of the undertakings, eovenants, terms, conditions and agreemants of said Contract in accordance
with t he Plans, S pecificafions and Contract Documents during t he original t erin t hereof 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 one (1) year from
the date of final completion and final acceptance of the Work by the Owner; and, if the Principal
shall fully indemnify and save hamless 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.
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, 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., 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, Vemon's Annotated Civil Statutes of the State of Texas.
IN wrrNESS WHEREOF, this instrument is executed in 4 ¢epies, each one of which
shall be deemed au original, this the 1 7 day of June
ATTEST:
SECRETARY
ATTEST:
SURETY
St. Paul Fire and Ma~fh.e
/
Insurance Company
ATTORNEY~IN-ii'ACT Rosemary Weaver
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
willis of Texast Inc.
13355 Noel Road, Suite 400
nalla~, ~w~ 75240
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
Bond #SP3937
PAYMENT BOND
STATB OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY TI-I~SE PRESENTS: That
is PO Box 250, Denton, TX 76202
Jagoe-Pubhc Compan¥,~'hhose address
, hereinafter
called Princinal and st..._____~___ _~____ , ,-Paul Fire and Marine , a corporation organized and
existing unde~th'e laws ~[~a%~%f~ 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, fn'ms, and corporations who may furnish materials for, or perform labor upon,
the building or improvements hereinafter referred to, in the penal sum of
Four Hundred Forty Five Thousand One Hundred Fifty Two and 90/100
DOLLARS ($445,152.90)q~lawful money of the United States, to be paid in Denton, County,
Texas, for the payment o f 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 2003-174,.,v~ith the City of Denton,
the Owner, dated the 17th day of June A.D. 2003.,'7% copy of which is hereto
attache~ and made a part hereof, for Bid 2925-Urban Street Program-Malone Street CSJ0918-46-
106.~/
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 tiffs Bond, exclusive venue shall
lie in Denton County, Texas.
AND PROVIDBD 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 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.
PB - 3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Go-cement
Code, as mended, 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 dehvered 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, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WI-I~REOF, this instrument is executed in copies, each one of which
shallbedec~nedanoriginal, thisthe 17 dayof ,~,,n~ ,_2XIiL3_.~-/
ATTEST:
BY:
SECRETARY /
PRINCIPAL
ATTBST:
SURETY
St. Paul Fie and Marine//
Insurance Company
ATTORNEY-IN-FACT
Rosemary Weaver
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAIVlE:
STRBBT ADDRESS:
Willis of Texast Inc.
13355 Noel Road; Suite 400
Dallas, Texas 75240
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB - 4
lheSt'Rlul
POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
23335
Power of Attorney No. Cerilficate No. 1586873
KNOW ALL MEN BY THESE PRESENTS.~T~t Seaboard Surety Company is a ¢orporatinn duly organized under the laws of the State of New York, and that
St, Paul Fire and Marine Insurance Company,Xgt. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations doly organized under
the laws of the State o£ Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,
Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies '), and that the Companies do hereby make,
constitute and appoint
JeffMcIntosh, D. Gregory Stitls and Rosemary Weaver,/
of the City of DaB. as Stat~eXas their ime and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 19thday of__,N°vember 2002
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
State of Maryland
City of Baltimore
On this 19m day of November
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
THOMAS E. HUIBREGTSE, Assistant Secretary
, 2002 , before me, the undersigned officer, personally appeared Peter V~ Carman and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. lnc.i and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed thb foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 1st day of July, 2006.
REBECCA EASLEY-ONOKALA, Notary Public
86203 Rev. 7-2002 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St, Paul Mereury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity end Ouexanty Insuranoe Underwriters, lno. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s).in. Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the SecreL, uy or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may,be affixed by facsimile to any Power of Attorany or to any certificate relating thereto appointing Attorney(s).in. Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power &Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and. in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and ell bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instromant executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
l, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwrlter~, thc, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF' [ heranntu set mY hand thls /7;/"/V day °f
To ver~y ~he a~th~nllcl~ o/ ~h~s ~r o/~rn~y, c~ll I-~21~880 and as~ for th~ ~r of A~orn~ cle~ ~1~ ~/er ~ ~h~ ~r o~A~m~ n~mber, rAe
abo~nam~ individuals and the details of the ~nd to ~ich the po~r Is anach~
rRlul llrety
S~b~d Sm~, ~y St. Prod ~ Ltab~tty l~urance ~q~y
Bond No. SP3937
RIDER CONTAINING
DISCLOSURE NOTICE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the
"Act"). No action is required on your part. This Disclosure Notice is incorporated in
and a part of the attached bond, and is effective the date of the bond.
You should know that, effective November 26, 2002, any losses covered by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula established by the Act. Under this
formula, the United States reimburses 90% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the
coverage.
Under the ACt, there is e cap on our liability to pay for covered terrorism losses if the
aggregate amount of insured losses under the Act exceeds $100,000,000,000 during
the applicable period for all insureds and all insurers combined. In that case, we will
not be liable for the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
$o.oo.
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY.
StPaul Surety
IMPORTANT NOTICE:
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at:
!-800-252-3439
You may write the Texas Department of [nsttrance at:
P.O. Box 149104
Austin, TX 75714-9104
FAX # 1-512-475-177[
Your notice of claim against the altached bond may be given to the surety company that issued
the bond by sending it to thc following address:
Mailing Address: St. Paul Surety Claim
P.O. Box 4689
Federal Way, WA 98063-4689
Physical Address: St. Paul Surety Claim ~,,
31919 First Avenue South
Suite 100
Federal Way, WA 98003
You may also contact the St. Paul Surety Claim office by telephone at:
Telephone Number: 1-253-945-1545
PREMIUM OR CLAIM DISPUTES:
If you have a dispute concerning a premium, you should contact the agent first. If you have a
dispute concerning a claim, you should contact the company first. If the dispute is not r~solved,
you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of thc atlached
document.
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. ~rf 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, aH 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
projec~ 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
shah 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, ff 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, cla'ma 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 claJrn 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
MATERIALLY 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 AD VANCE [VRITTEN NOTICE IS REQUlJ~ED".
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 Con~'actor 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:
Ail insurance policies proposed or obtained in satisfaction of th/s 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:
A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $ l~000,000
shall be provided and maintained by the Contractor. The policy shall be written on au
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
I/the Commercial General Liability form (ISO Form CG 0001 currant edition) is used:
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability coveting 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 Mability for premises, operations,
products and completed operations, independent contractors and property
damage resulting f~om explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (.preferably by endorsement) coveting 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 tiffs contract.
Satisfaction of the above requirement shall be in the form ora policy endorsement for:
any auto, or
· all owned, hired and non-owned autos.
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requfrements 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 shah 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.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad fonn 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 c~mployees,
including new h/res. 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.
ATTACHMENT1
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
hasurance coverage for the person's or enfity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the be~nniug of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
The contractor shall provide coverage, based on proper reporting of classification codes
and payroll mounts 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.
The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
The contractor shall obtain fi-om each person provid'mg services on a project, and
provide to the governmental entity:
Go
O)
a certificate of coverage, prior to that person be~nnlng work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing senrices 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
em'rent certificate of coverage ends during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
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
may change that materially affects the provision of coverage of any person providing
services on the project.
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.
The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
provide coverage, based on proper reporting of classification codes and payroll
mounts 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 beginn/ng 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 projecg
(4) obtain 15om 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
Ko
Co)
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.
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 mounts, and that all coverage
agreements will be filed with the appropriate insurance carder 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.
The contractor's failure to comply with auy 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 w/thin ten days atier receipt of notice of
breach fi.om the governmental entity.
· z'zm~: z:~z ~ TO: ~OOtt ~ W~0-349-7870
P&ge: 002-005
CERTIFICATE OF LIABILITY INSURANCE
~y & K~ ng ~ur~ce ONLY ~ CONFE~ ~ R~HTS UP~ THE ~CA~E
HO~ER,~W CER~TE ~E8 N~E~ ~ND OR
SI0 North [-3~ E ~TER THE CO~GE AFFORDED BY THc ~IC E~ BELOW.
~t~, ~
~ ~RERS ~F~DING CO~E
~ ]a~ P~lic ~any, ThC. _~ _ ~= ~4x ~sueance
B~11 ~k~ m~ Travelers Zflsuranc~'~, ' 39357
P 0 ~x 2S0 t~m Travelers Zn~ity of ~rtc. 2S666
COVERAGES
~ ~IREM~. ~ OR C~D~N OF ~ OO~ OR O~ER ~ W~H ~8~ TO ~IGH ~ CER'(~TE ~Y BE ~&~D OR
~LIC~S. A~RE~ LI~TS $HOWN ~Y ~ B~ ~EO aY e~ ~.
.e~ltlcate ~me. ~s /3st~ as ad~t~3 ~nsu~.Ce~ificate Holder is' listed as
Bid~2925, Urban Street Program-Malone St CSJ0918-46-106~
additional insured-
Waiver of subrogation in favor of Ci~ of Denton on Workers Comp./
or ~Cet~ally changed w~thou: 30~ adv~ced
Ctty of ~nt~, ~ts Off4ctals, ~eats,/ ~iC~o:ice betas given to the ~er
~loy~ and Volunt~rs e~pt.~heu che policy ts belmg cancelled
Page: 003-005
IMPORTANT
If the cetttflcats holder is an ADDmONAL INSURED, the policy(les) must be endomed. A e~a~ent
on this cerltifcate doe~ n~ conft~ rights ~ the ce~ficaJe t~olde~ ia lieu of ~ endo~ement(,*).
If SUBROGATION IS WAIVED, subjecl to the terms and conditions of the polio, ce~ltn beltcie$ rn~ry
require an endorsement. A statement oa this ce~l~ats does not confe~ rights to the
Imlder in lieu of such endorsement(a).
DISCLAIMER
The Certificate =t* tnaumnoe on the reverse side of this form does not oonst#~te a cort(raot between
tim Issuing Insurer(s), authodr, ed representative or producer, and the c, edirr, rei= holder, nor does it
aflia'l~y or negatively amend, extend or alter the coverage afforded by Ih,* pollcie~ listed thereon.
:ORD 25
Urban Street Program- Malone Sireet Bid ~2925 CITY OF DENTON
CS J0911t--46-106
CONTRACT DOCLrMENTS: Having examined the Proposal, General Instructions, Materials,
Execution, Drawings, and Contract for (Bid #2925) and for Urban Street Program - Malone Street,
CSJ0918-46-106 work, and having examined the premises and circumstances affecting the work, the
undersigned offer:
OFFEK: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes,
incidentals, and other facilities, and to perform all work for the said Urban Street Program - Malone
Street CSJ0918-46-106 for the follow/rig area:
BASE BID - Urban Street Program - Malone Street CSJ0918-46-106 .-'/~5fl/'~'h~ {~t':~_~,
SEE ATTACHED BID TABULATION SHEET
· Asphalt Option Work Days 90
Malone Street-Urban Street Program Improvements Bid No. 2925
CSJ #0918-46-106 P.O. No.
BID TABULATION SHEET
104A Removing Concrete Curbs I 1765 LF $~.0~ / LF 15~-30.oO
Unit Price In Words
104B
Removing Concrete Driveways
Unit Price In Words
300 SY I$/~-Oa /SY $~ooa.oo
104C
Removing Concrete Sidewalks
250
110 Excavation
2000
Unit Price In Words
Lime Treatment'for Materials Used as [SY
260 Subgrade(Road Mixed) [ 17422
Unit Price in Words ~,--e. ~//~," ~ '/-c,~_.,~ ~
j
305
Unit Pr/ce In Words
Salv, Haul, and Stkp1Rclm Pav
I 17165 ISY [$ /,'7~
Unit Price In Words o~.~
315 Emulsified Asphalt seal
5000 GAL $ /
unit Price In Words
2/12/2003 P 3
· Asphalt Option Work Days 90
Malone Street-Urban Street Program Improvements Bid No. 2925
CSJ #0918-46-106 P.O. No.
BID TABULATION SHEET
I
479C Adjust Valve Boxes 25 EA [$ ~,~5'/).oo /EA $
500
Mobilization
5O2
Iearricades' Signs, and Tr~¢ Handling I5
Unit Pri~ qL 2~-~a
529
Concrete Curb and Gutter
1765
Unit Price In Words
530
Turnouts 300 "/5' / SY
531
Unit Price In Words
Sidewalks
250 SY $
?3/).Y~
Unit Price In Words
666
120 ~, Oo / LF $10Po, oc~
unit Price In Words ;,,.-~ ~
Raised Pavement Markers-Ceramic White
672A and Yellow 800
672B
677
Unit 'rice WoW
R~sed Pavem~t M~kers-Refle~ve ~te] ~ IlEA
~d Ye~ow I 800
$
Unit Price In Words -~ot~ ~r,,/~,,'~ ~ -~e.~.-C.~_~/'3~
Elimh~g Existing Pavement Markings aud ]]LF
Markers 3768
$
/ FA $~,~, az~
/ EA $ $~'~, oa
2/12/2003 P 4
Asphalt Option Work Days 90
Malone Street-Urban Street Program Improvements Bid No. 2925
CSJ #0918-46-106 P.O. No.
BID TABULATION SHEET
IADA Sidewalk Ramps
Unit Price In Words X~
/'TN
/ EA $,~..J,/O,'-.e~'
:otalAsphalt BidPric~ 15 qq~ I ~",~. ~o
2/12/2003 P 5
· Concrete Option
Malone'Street-Urban Street Pro.qram Improvements
CSJ #0918-47-939
BID TABULATION SHEET
Work Days 90
Bid No. 2925
P.O. No.
104B Remo~-~g Concrete Driveways ] 300
Unit Price In Words .~¢,,,_ ~,//~,~-~ ~ ~ ced
SY $ /6.0o /SY
104C Removing'Concrete Sidewalks [ 250 [SY $ /o.o~
Unit Price In Words
260
260
305
315
Lime Treatment for Materials Used as
Subgrade(Road Mixed) 17422
Unit Price In Words
Lime (ry A)Slry,(ry B) Sky or (Ty C) Sky 280
[Salv, IJ~ul, and Stk'piRc(m Pay I 17165
Unit Price In Words
GAL $
Unit Price In Words ~ ~/~./~....~..~ .~ ~
360 ]ConcretePavemont ~/ [ 17165 ]SY I$
479A Adjust Manholes ] 17 EA l$
J l 7 ~o
479B AdjuSters [EA $
479C Adju~ V~vo Boxes 125
2/12/2003 P 6
- Concrete Option
, Malofie Street-Urban Street ProRram Improvements
CSJ #0918-47-939
BID TABULATION SHEET
Work Days 90
Bid No. 2925
P.O. No.
500 Mobilization I 1 LS
502 B~cades, Si~s,~dTr~cH~g I 5 MO $/~0.~ /MO $~,~
529 Concrete Curb and Gutter I 'j 1765
Unit Price In Words -~e_~.__
530 Driveways and Turnouts
LF $ /b. 0O
/ LF $/T&Xo. oo
300 s¥ $ $3.7~- /sY $/tgl:3~'.ut>
531
666
Sidewalks '~ [250
Refleetorized Pavement M~'kings-
24"Stopbars
/ sY $ 75 I~-
120 VLF I$ ~,o0 /LF $1t~gO.o~
Unit rfice In Words ,c~r~.~ a~//~,~X ~t_~ ~
672A
672B
677
678
5866
Raised pavement Markers-Ceramic White
and yellow 1800 I FA , 3.:to
Unit Price Ia Words ~ ~/~- ~.- -~r.~ ~-,-~
Raised Pavement Markers-RefleXive White [ -/
and Yellow I 800
u t? ceinwo s
Eliminating
Existing
Pavement
Markings
and
Markers 3768 O.
Pavement Surface Preparation for Marldngs [ 3768
Unit Price In Words ~ f~//~..~ ~1- ./-~:F~ ~-~_,~
}ADA Sidewalk Ramps V 42 EA $
UnitPficehW°rds ,~-~z~'-~-/--~'~/,~/~'~-h~ ~-.~ff~"J
/EA I$ m0,
Total Concrete Bid Price [$ ]~'g~ .957. ~ ~-
Total Concrete Bid Price in Words:$ e,?L¢-,~..,,~..~.~' ~ ~/~.,. ~2.~.2 ~ a~ ~
~1~2003 P 7
Urban b'lxeet Program-Malone Bid #2925 CITY OF DENTON
CS J0918-46-I06
Award of the bid will be based on the total bid.
PROJECT WORKDAYS BID
1. Malone Asphalt Option 90 Calendar Days $ ~/~/5~''~. ~
2. Malone Concrete Option 90 Calendar Days $ fiB'S. ~S'Z 05~
The award if made shall be to the lowest responsible bidder within 90 days after the opening of the
proposals; but in no case shall the award be made until after investigations are made as to the
responsibility ofthe bidder to whom it is proposed to award the contract. S~e: North Central Texas
Council of Governments General Provisions ITEM 1.13. AWARD OF CONTRACT AND
COMI~IENCElVlENT OF WORK
Uti)an Street Program-Malone Bid//2925 CITY OF DENTON
C'SJ0918-46-106
MATEKIALS
LABOR
TOTAL
Project Total Cost = $
EXAMIN~.TION OF SITE: By signing the Proposal Form, contractor acknowledges he is an
authorized representative and has examined the site and is aware of all field conditions, which may
affect the work.
TAXES: Tax shall not be included in your bid.
The undersigned agrees to complete all work shown on the drawings and in the specifications within
the time limits set forth below subject to additional days that may be added due to inclement weather
and/or other justified and reasonable extensions or time as may be approved by the Owner.
Contractors that are awarded contracts shall be prepared to immediately sit down with the City of
Denton Kepresentatives and present a plan that will illustrate how progression of work is to take place
to insure completion of all work within specified time limits. The time limits are as follows:
All work is to be started and completed within 90 (ninety) calendar days. Calendar days are defined in
the Supplementary Conditions.
If a contractor is awarded the project, the project must be completed within the dates shown above or
the contractor will be subject to liquidated damages as set forth below.
A working day is defined as a calendar day, in which weather or other conditions not under the control
of the company will permit the performance of the principal units of work underway for a continuous
period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M.
· The undersigned agrees that the Owner may retain the sum per the General Provisions, paragraph 1.36
from the amount to be paid to the undersigned for each calendar day that the work contemplated
remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This amount is
agreed upon as the proper measure of liquidated damages which the Owner will sustain per day by
failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any
sense as apenalty. The Schedule of Liquidated Damages is set forth in the Special Provisions 000-
2693.
Urban Street Program- Malone Street
CS]0918-46-106
Bid #2925
CITY OF DENTON
SALES TAX
Materials that are incorporated into or become part of the project are exempt from sales taxl A
"separated contract" will be issued by the City of Denton, wl'fich separates charges for material from
charges for labor. The contractor is expected to execute a resale certificate instead ofpayi.ng the sales
tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as
long as they are a part of the finished project.
Ifa contractor does not issue a resale certificate, then the mount of s'ales tax must be included in the
prices quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales
tax.
A. Total Labor .............................................................................................. $
B. Total Materials ..................................................................