2002-007AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE RECONSTRUCTION OF THE WATER AND WASTEWATER
FACILITIES ONUS HIGHWAY 77, US HIGHWAY 380 AND SHERMAN DRIVE; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2775 - WATER WASTEWATER RELOCATION FOR US HIGHWAY 77, US
HIGHWAY 380 AND SHERMAN DRIVE RECONSTRUCTION AWARDED TO JAGOE
PUBLIC COMPANY IN THE AMOUNT OF $2,069,514)
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 pubhc works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
.SECTION I. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2775 Jagoe Public Company $2,069,514
SECTION II. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
pub lie 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 aRer notification of the
award of the bid.
SECTION HI. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~/~ ~
day of ~ .2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
2
Attachment I
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O'
~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~
.:.:.:.:-:.:-:.:.:-:.'.'-'.'.'-'.'.'.'.'.'.'-'.
================================================
Water & Wastewater Relocation for U.S. ~ 77, Bid # 2775 CITY OF DENTON
U.S. HWY 380 and Sherman Drive Keconstmction 2.
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
A.D., 2002, by and between City of Denton
and State of Texas, acting through Michael A. Conduff
do, hereinafter termed "OWNEK," and
J~agoe Public Company
P.O. Box 250
8th day of January
of the County of Denton
thereunto duly authorized so to
......................... Dsritbn;-TX- 76202-
of the City of Denton , County of
hereinafter termed "CONTRACTOR."
Denton and State of Texas
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 ~omplete
performance of the work specified below:
Bid #2775 Water& Wastewater Relocation for U.S. HWY 77, U.S. HWY 380 and Sherman Drive,
Reconstruction
in the amount of $2,069,514 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
Specifications therefore, as prepared by:
City of Denton Staff
all of which are referenced herein and made a part hereof and collectively evidence and constitute the
entire contract.
CA-1
Water & Wastewater Relocation for U.S. HWY 77, Bid ii 2775 CITY OF DENTON
U.S. ~ 380 and Sherman Drive Reconstruction
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is an
independent contractor and shall not be deemed to be or considered an employee of the City of Denton,
Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave
benefits, worker's compensation, or any other City employee benefit.. City shall not have supervision
and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor
shall perform the services hereunder according to the attached specifications at the general direction of
the City Manager of the City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton
from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or
thi/d p~/~6~ 6~e~q~ff5~I ~' ahy e/-r~r, oifii~siOn or he. light act of Contr-aetot, its officers, agents,
employees, invitees, and other persons for whom it is legally liable, with regard to the performance of
this Agreement, an6 Contractor wilt. at its cost and expense, defend and protect-the C-ity ofq~enton
against any and all such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State'of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for the
start of work as set forth in written notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are provided by the General and Special
Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in
the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA - 2
Water & Wastewater Relocation for U.S. HWY 77, Bid # 2775 CITY OF DENTON
U.S. HW~ 380 and Sherman Drive Reconsl~ucfion
ATTEST:
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
OWNER
BY:
(SEAL)
- -ATTEST:
CONTRACTOR
JAGOE-PUBUC COMPANY
P.Q EtOX
DENTON. TX 76202
MAILING ADDRESS
APPROVED AS TO FORM:
CITY ATTOP~Y
PHONE NUMBER
Area Code Change
Main #(940) 382-2581
TI~rLE
PRINTED NAME
(SEAL)
CA - 3
DEC. 13 '01 (THU) 12:06 CITY OF DENTO~ PURCHASlNO
940 ~49 7~02
Water and Wastewater Relocation for
U.S. Hwy. 77, U,$. Hwy. 380 and
Sherman Drive Reconstruction
PAOE. 7/~ 7
Work Days 180
Bid No, 2775
P,O, No.
BID TABULATION.SHEET
I I
~,s4~ I ~,~ I~
2,I2-A [8" AWWA C-900, Classl$0 PVC Water PiDe c7~9,~ LF
UnitP~InW~rds ~,~_~ ~, ~~: .....
UnitPricelnWords ~1~ ~ ~*~ ~ ~
........... ~d~ .:2. -' ~-~ w~ ~: ..... :--.: ............. :
U~lt~ri~.!aWor&~/~Z~ ~l~.~' ff~lii
. Unit Price ~ Words ~/~. ~ ~ ~. ~
WS-ll IR~mow~Sal~g~FimHyd~t 'I :' I;2'ls
Uni~ Pri~ In Words
218
12/7/01 P - 3 ADDENDUM NO. 1
DEC. 1~ '0t (TMU) 12:06 CITY OF DENTON PURCHASING 940 949 7~02 PAGE. 8/4?
Water and Wastewater Relocation for
U.S. Hwy. 7'/, U,S, Hwy, 380 and
Sherman Drive Reconstruction
Work Days t80
Bid No. 2775
P,O. No.
Item D~criptio
2.,[~-E 10"PVCAS~'D3034, SDR35Sa~ta~Sewer 24g LF $ ~.ILF $ ~,qs~,~
219
~2/7101 P - 4 ADDENDUM NO. 1
DEO. i~ ' 01 (TNU) 12:06
Water and Wastewater Relocation for
U.S. Hwy. 77, U,S. Hwy, 380 and
Sherman Drive Reconstruction
CITY OF DENTON PURCI-L~B[NG
Work Days 180
Bid No, 2775
P.O. No.
BID TABULATION SHEET
7-6-D Construct Smitav/ Sewer Drop Maahola $' Dia. I I BA 15 ~.t~,~BA $
220
12/7/01 P - 5 ADDENDUM NO, I
Water and Wastewater Relocation for
U.S, Hwy. 77, U.S. Hwy. 380 and
. Sherman Drive Reconstruction
BID TABULATION SHEET
.12.9-C 16" Die. 1/2" Steel Casing (by Open Cut)
Work Days 180
Bid No., 2775
P.O. No.
... 1QuantitylUnitI Uni?.pr!~'
Unit Price In Words
/LF
Total
8.3
4,5 Oravd Driveway Repair - 6~' Depth I 525
Corn. }hnnt. Removal aZ Repair, Including t.:urt~ 4z ~ 1,230
5.g Sa~
· UnitPrlce In Words
Concret, Sidewalk Removal and Repair ~ 18
$ q~o0 I SY $,, g'.rzs;m
221
'12i710'1 P- 6 ADDENDUM NO. 1
940 ~49 7~02
Water and Wastewater Relocation for
U.S. Hwy. 77, U.S, Hwy, 380 and
Sherman Drive Reconstruction
item I . . . Desq,rlption
$P-37 ]Excavation Protection
BID TABULATION SHEET
I 'Quant,tY I Unlt I . Unit Price
13,090 ~ LF [$ t.c~/LF
Work Days 180
Bid No. 2775
P.O. No,
222
12/7/01 P - 7 ADDENDUM NO, 1
U.S. Hwy, 77, U.S, Hwy. 380 and
Sherman Drive Reconstruction
BID TABULATION SHEET
2:..12 9-I 14" Di.:,3~" S~] C.i~. ~ ~ Cut) . /1 ~6
Work Days 180
Bid No,
P,O. Ne,.
The bidde¢ is hereby advised to oontaot tho City of Donton Purohasin8 Agent, Tom D. Shaw at (940) 34%7100
aHe. a~t 24 horns pflor to Bid Opening to insure that he ha~ received .~. -~nd
-'" - .................
Ad&tatum No. I dated
Addaglum No. 2 dated /,.iL- 13 -~) I
Addendum No. 3 dated
Add. dura No. 4 dated
Addendum No, :5 dated ......
l~i~t /~--//-/-~/
l~ived.. _
l~ived
Received
223
12/13/01 p . $ ADDENDUM NO.~_
Water & Wastewater Relocation for U.S. HWY 77, Bid # 2775 CITY OF DENTON
U.S. t-FCFY 380 and Sherman Drive Reconstruction December 1, 2001
MATERIALS
LABOR
TOTAL
Project Total Cost
BXAMINATION OF SITE: By signing the Bid 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.
Unit and lump surrrpriceS asshown for ea~ item listed in this proposal, shall coatrot-owr ~xt~nsirms.
TAXES: Tax shall not be included in your bid.
Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this bid proposal,
I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an
Insurance Certificate, a SURETY .BOND in the mount of ONE I-KJNDRED and TEN PERCENT
(110%) of the Contract price for the faithful performance of the contract, and a ONE HI_rNDKED
PERCENT (100%) STATUTORY PAYMENT BOND.
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.
' C0ntfiieto~s' i~at ~re-tiv~de/t- 6&ih:ic-is shai~ b.e pi:~pa~e/i {o'im'me~ti/it~ly sit down With the City of
Denton Representatives 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 one hundred and eighty (180) workdays. Workdays are
defined in the Supplementary Conditions. This includes the time for submission of- Performance and
Payment Bonds plus Insurance Required for this project.
If a contractor is awarded the project, the project must be completed wSthlu the dates shown above or
the contractor will be subject to liquidated damages as set forth.
Water & Wastewater Kelocafion for U.S. HWY 77, Bid # 2775 CITY OF DENTON
U.S. HWY 380 and Sherman Drive Keconstrucfion December 1, 2001
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 thc princ%pal 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 undcrsi~ned agrees that thc Owner may retain the sum, as prescribed in the North Texas Council
of Governments General Provisions, from thc mount to be paid to the undersigned for each calendar
day that the work contemplated remains incomplete beyond thc time set forth, Sundays and holidays
INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the
Owner will sustain pei day by failure of thc undersil~ned to complete thc work at the stipulated time,
and is not to be construed in any sense as a penalty.
Pa~cncnt will be made to the contractor within thir~ (S0) days after receipt of proper invoice and
written acceptance of project from the Owner's representative, all required material invoices,
documentation, etc and all written warranties from both contractor and manufacturer.
t-(orw~) agree to promptly famish $ ~t aad~urr~nt fia~,~l"sC~m~n~ o~ ~o~diti~m with a ~ of
owned equipment and an c~periencc-record o~completed projects for examination by Owner and
architect, if same is required.
SEAL' (If by Corporation)
RESPECTFULLY SUBMITTED BY
/ (Name)
(Title)
......... (Nil re s '
Water & Wastewater Relocation for U.S. ItWY 77, Bid # 2775 CITY OF DENTON
U.S. HWY 380 and Sherman Drive Reconslrucfion
BOND NO. 400-JP1473
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jagoe Public Company whose address
is P.O. Box 250, Denton, TX 76202 hereinafter called Principal, and
ST. !OAIII. ETR~ AN'B MARINE TIq.qlIRAI~CE COI~AI,IY , a corporation organized and
existing under the laws of the State of Minnesota , 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 stun of Two Million and Sixty Nine Thousand, Five Hundred and Fourteen
DOLLARS ($ 2,069,514 ) plus ten percent of the stated penal sum as an additional sum of money
repr esent/ng ~tdditionai couzt .expcr~e*,' att ~eys~ fees; araffliquidated damages arising out-of or
connected with the below identified Contract, in lawful money of the~United Statesfto be paid in
Denton County, Texas, for the payment of which sum well and tmlyto 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 mount 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 2002-007, with the City of Denton,
the Owner, dated the 8th day of January A.D. 2002, a copy of which is hereto attached and made a
part hereof, for Bid #2775 Water & Wastewater Relocation for U.S. HWY 77, U.S. HWY 380 and
Sherman Drive Reconstruction.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertaki~gs~ Covenant~, terms, conclitions and agreements of said con~rac/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 one (1) year from the date of final completion and
final acceptance of the Work by the Owner; and, if the Principal shall fully indenmify 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 obhgation shall be void; otherwise, it
shall remain in full force and effect.
PB - 1
Water & Wastewater Relocation for U.S. HWY 77, Bid # 2775 CITY OF DENTON
U.S. ~ 380 and Sherman Drive Reconstruction
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 tn-ne, 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 Dentor~ Cum~-y to whum any requisite notices may be delivercxt and on whom service of
process may be had in matters arising out of such s~tyship, 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
shall be deemed an original, thisthe 18 dayof January ~2002--
4 ~copies, each one of which
ATTEST:
SECRET,TkRY
PRINCIPAL
JAGOE PUBLIC COMP. ANY
V/tF_~_~PRESDENT --
ATTEST: SURETY
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
BY: ~Z~~ ~_~,.~
ATTORNEY-IN-FACT
Rosemary Weaver
The Resident Agent of the Surety in Denton County, Texas for delivex'y of notice and service of the
process is:
NAM.E: Willis of Texas, Inc.
STRBETADDRESS: 13355 Noel Road, Suite 400, Dallas, Texas 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
Water & Wastewater Relocation for U.S. HWY 77, Bid # 2775 CITY OF DENTON
U.S. I-IW'Y 380 and Sherman Drive Reconstruction
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jagoe Public Company whose
address is P.O. Box 250, Denton, TX 76202 , hereinafter called
Principal, and sT. PAtlI. I~11~. Al'am w.~l~.xx~ 'r~'[_~T_m__~_~!Cs c9_u2ji~orporation organized and existing
under the laws of the State of I~,,,,,~,,e~ , 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 Two Million and Sixty Nine Thousand,
Five Hundred and Fourteen Dollars ($ 2,069,514) in lawful money of the United States, to be paid in
Dentrm, fiknmty, -Texas; for the-payment of whichr smut welt and truly tobe made, we hm-~by 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 2002-007, with the City of Denton,
the Owner, dated the 8th day of January A.D. 2002, a copy of which is hereto attached and made
a part hereof, for Bid #2775 Water & Wastewater Relocation for U.S. HWY 77, U.S. HWY 380 and
Sherman Drive Reconstruction
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, finns, subcontractors, corporations and claimants supplying labor
and/ur 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 moclifi~ations 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 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, Speciftcations, Drawings, etc.
PB - 3
Water & Wastewater Relocation for U.S. HWY 77, Bid # 2775 CITY OF DENTON
U.S. HWY 380 and Sherman Drive Reconstruction
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, Vemon'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, thisthe 18 dayof January ., 2002.
ATTEST: PRINC~AL
ATTEST: SURETY
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
Rosemary Weaver
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: Willis of Texas, Inc.
13355 Noel Road, Suite 400, Dallas, Texas. 75240
sTREET PdDDRESS:
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give
a'person ~s name.)
PB - 4
.co~ so.
·: . ..... · AUTHORITY NO.
Surety 385 i~W_~shiiigton ~S~ree~ St. Pa~ Miimesota 55102
For v~xifica'aon of the au ,th, en, txcaty of this Power o[ Attorney you may telephone toll fm~ 1'-800:421-3880 and ask for .... ,: ..-
thc P°wer °f Att°racY ~ ~k:'~leasc ~cf? t° ~c C~lific~ °f. Authgnty ~°~ and ~ ,n · ,~1.tuffy'dual(s)' 880'282
GENERAL' POWER OF ATTORNEY i~ 'CERtifieD COPY
F~11953 (Orig~al o~/Filg:~/t Hom~pmg~ 5f'C0ihphfi~i "S66'Ce~dficat~ofi.)'
KNOW ALL MEN BY THESE pRESENTS'. That St. Paul Fire ~md Marine J~u~anc~ Company,:a c~biation organ/zed and.exisfiug under the laws of the State
of Minnesota, having its principal 6ffice iu thc City of St. Paul~ Mthu~som, doe~ hereby constitute mait'appoint!
ohn weaV- ., ie.ts,. ar., ever y
~ts trug and lawful aRomey(s)-m-fact to e, xecu~e~,.s~hl,~nd d~liver:for .a~pO on ~ts-~Jaalf as ~urety, any and iflI bonds an8 undmakthgs, mcogmzances, contracts of
i~dcnmity and oth~r Wrltin~s.obligatory:in th~ natur~'thereof, which ateor i~..be allqw~d, required: br l~a~tted by ~av/, i~tatum ml~:,itegglatlon;"d6nt~hct o~
othen~ise, ' i . , ' "' ' ' "',",',i:' ', ~,:: ;; ' '
· ! 'the ufidetsi~ 'officer of St. PaRI Fire arid Marine ~ce 'Co~p,~mj/, do l~er~b~ ~.cr tify ~tai'! lmye:~6mp~d the Dmgothg copy of tho,Powe~ of Attorney and
affidavit,! afidlthe copy of thc'Section of the 'BY:LTwslbf S~id company/'~ S~t'fgrth in ~aid p6wer df 'A~y, lwith ~ iORIGINAI~ ON: lq~E; IN iTltg :HOME
OFFICE OF SAID COMPANY arid that the same are con. ct tranr~pts ther66f, and of the whole of the ~id ofiglnal~ and thai ~h~ s~aid PSikoc of Atto~Ylhas not
be~ifmvoked and is now th full fo~cd aud ~ect; ....... '
IN TESTIMONY WI-I~OF, I hay, h~anto s*l my hand thi~
Only a e~rdfied copy of Power of Atlomey be~n§ the C~ficato' of Authority No. printed in red on th~ Upper right i:omer is binding. Photocopi~. carbon copies or
oth~er reproductions of ~ docum,nt am invalid and not binding ripen the Company.
ANY I~I'RIJM~NT I~$L~I) I~ EXCI~$ O1~ TI~ PI~LT¥ ~IOIJNT $1ATIgD ABOV~ 1~1 TOI.~L¥ ¥OID AI~ WlTItOIJT AI~ YALIDITY,
29550 Rev. 1-95 Printed in U,S,A.
StRaul 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:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
FAX # 1-512-475-1771
Your notice of claim against the attached bond may be given to the surety company that issued
the bond by sending it to the 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
PREMHJM 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 resolved,
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 the attached
document.
Water & Wastewater P,¢location for U.S. HWY 77, Bid # 2775 CITY OF DENTON
U.S. I-IWY 380 and Sherman Drive Keconstmction
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 carders or brokers to determine in advance of Bid
submission the avallabiliW of insurance certificates and endorsements as prescribed and provided
herein. If an apparent low bidder falls to comply s~ctly 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 cunlractcd workhasbccu compietedandaccepl~d~bythe City of
Defiton; Owner, the minimum insUrance ~overage a~ indfcated 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 rifle 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 shah comply
with the following general specifications, and shah be maintained in compliance with these
general specifications throughout the duratign 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,
claim adrninistration and defense expenses.
Liability pohcies 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
Water & Wastewater Relocation for U.S. HWY 77,
U.S. HWY 380 and Sherman Drive Reconstruct/on
Bid # 2775
CiTY OF DENTON
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.
Ali pohcies 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 DA YS AD VANCE WRITTEN
NOTICE 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'ansm~ '~l~-g-lJ~e '~n~ac~ 'refl~-w/~3eh give ti~e to el~ 'ma~-e 'after
expiration of the contract Shall be co~/ered.
· 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, ff so noted:
IX] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000 shall
be provided and malnta'med 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 coveting this contract
and broad form property damage coverage.
Water & Wastewater Relocation for U.S. B-WY 77, Bid # 2775 CITY OF DENTON
U.S. HWY 380 and Sherman Drive Recons~uction
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.
Ix]
IX]
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.
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, $I00,000 per each employee, and a
$500,000 policy limit for occupational disease. The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured. For building or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC
110.110 of the Texas Worker's Compensation Commission (TWCC).
[]
Owner s and Contractor s Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
Water & Wastewater Relocation for U.S. HW'Y 77,
U.S. HWY 380 and Sherman Drive Reconsm~ction
Bid # 2775
CITY OF DENTON
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, ~rro~s Or omi~si0fis- in-cbnne6tfofl'with-p~:ofe-s§i0~aYservic~s'i~ fe-qffii:ed Ufidef
this Agreement.
[]
Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such pohcy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[]
Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is requited for a specific contract, that
requirement will be described in the "Specific Conditions" of the contract specifications.
Water & Wastewater Kelocation for U.S. HWY 77, Bid ii 2775 CITY OF DENTON'
U.S. I-IWY 380 and Sherman Drive Rcconstzuction
ATTACHMENT 1
IX] 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 enfity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beg/nning of the work on the project
until the contractor%/person's work on the project has been completed and accepted by the
governmental entity. .........
Persons provid'mg 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 carders,
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 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.
The Contractor must provide a certificate of coverage to the governmental entity prior to
be'rog 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 from each person providing services on a project, and provide
to the govermnental entity:
Water & Wastewater Relocation for U.S. HWY 77,
U.S. HWY 380 and Sherman Drive Reconstruction
Bid # 2775
CITY OF DENTON
(1)
a certificate of coverage, prior to that person beginning work on the project, so the
govermnental entity will have on file certificates of coverage showing coverage for
ali 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.
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.
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.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1)
provide coverage, based on proper reportmg 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 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
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 ali required certificates of coverage on file for the duration of the project, and
Water & Wastewater Relocation for U.S. HWY 77, Bid # 2775 CITY OF DENTON
U.S. HWY 380 and Sherman Drive Reconstruction
for one year thereafter;
(6)
notify the governmental entity in writing by certified mall 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 dnration of the project, that the coverage will be based on
proper reporting of classification codes and payrol! mounts, 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 Kegttlation. Pf0viding 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 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.
Bid 2775 - Water & Wastewater Relocation for U.S. HWY 77, U.S. HWY 380 and Sherman Drive
Reconstruction.
1/25/02 Time: 11:08 AM To:
Page: 002-004
CHRISTY ~ 349-7302
ACORD. CERTIFICATE OF LIABILITY INSURANCE
Ramey &K~ng ~nsurance
a3OSoUth I-3SE, Suite A
D~lton, TX76205-7~29
mu~o3agoePubllc Ceepa~y, /nc.
8tll Cheek
P 0 Box 250
0enton, TX ?6202
,
FAX (940) 243-1050
ONLY AND CONFER8 NO RIGHTE UPON THE CERllk'~TE
ALTER THE COVERAGE AFFORDED BY THE pOLItiC9 BELOW.
Travel ers Lloyds
P'noefll x Tnsura~ce
~su~e~ Traveler~ Insurance Co.
e~eE~ TraveNers T~demlty of aee~c.
~;~K~flCATE HOLDER I I ~mt'~ eaun~t ~: i C~,N~ELLATION
I ~aid pOB~ shall n~ be cancelled, mmv+md or maMdeliy dmmged v/Jho~
901 B Texas Slreet ,J~ley ts aem~m~e~e~ f~ r~nl~ ef ~m% In ~ ~ase 10
Denton, Tr~ 76201 / 'Au,.~m~Pmam~ I:~/. I '
/
%e: 1/25/02 Time: 11:08 AM To: CHRISTY ~ 3~9-7302
P&~e: 004-00~
IMPORTANT
~f the =ert[ficata h=lder is an ADDmONAL INSURED, the ~l[oy0es) must be endear, ed. A s~ment
on ~ls ~fl~ ~ not ;o~ fi9~ ~ ~e ~ holder in lieu ~ ~h
E ~BROGA~ON iS WAN~. subj~ ~ ~e ~s an~ con~ns'~e ~IW, ~in policl~ may
~uim an ~o~nt A ~mem on th~ ~l~m d~s ~ ~n~r ~g~
holder in I[e~ ~ 8~
DISCLAIMER
The Ce~1~cate of Irtsuraflce on the reverse side of this fom~ does n~ constitute a ~ontmct between
affirmatively ~ flegaflvel~ ame~d, extend or elto- the c~verage afforded by the pofJoies listed there~.
ACORD ?q~ (7/97)