2001-476 O INANCE NO d;0/-¥'/¢
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE SHERMAN, PENNSYLVANIA, GREGG
AND PONDER STREET PAVING PROJECTS, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2757 SHERMAN,
PENNSYLVANIA, GREGG AND PONDER STREET PAVING PROJECT AWARDED TO
JAGOE PUBLIC COMPANY IN THE AMOUNT OF $870,823 05)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance vath the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the follovang competmve 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
2757 Jagoo Pubhc Company $870,823 05
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply v~th all
requirements specified in the Notice to Bidders including the timely executmn of a written contract
and furmshmg of performance and payment bonds, and insurance certificate alter nottficatlon of the
award of the
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in
accordance vath the bids accepted and approved herein, provided that such contracts are made in
accordance vath the Notace to Bidders and Bid Proposals, and documents relating thereto specifying
the terms, condmons, plans and specifications, standards, quantities and specified sums contained
thereto
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and ~mprovements as authorized herein, the City Council
hereby authorizes the expenditure of funds m the manner and ~n the amount as specified m such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this or&nance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED tlus the /,~ dayof ~/~/'~ .2001
EULINE BI~K,/{~IAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEOA~ FORM
Sherman Drive, Pennsylvanm, Oregg Bid # 2757 CITY OF DENTON
and Ponder Street Construction
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF' DENTON §
THIS AGREEMENT, made and entered into this 18th day of December
A D, 2001, by and between City of Denton of the County of Denton
and State of Texas, acting through. Michael A Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Jagoe Public Company
P O Box 250
Denton~ TX 76202
of the City of Denton County of Denton and State of Texas
hereinafter termed "CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below
Bid #2757 Sherman Drive, Pennsylvania, Gregg and Ponder Street Construction
in the amount of $870,823 05 and ali 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
furmsh 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, winch 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 winch are referenced herein and made a part hereof and collectively evidence and constitute the
entire contract
CA-1
Sherman Drive, Pennsylvama, Gregg Bid # 2757 CITY OF DENTON
and Ponder Sl~eet Construction
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, w~tb_hold~ng, social security taxes, vacation or sick leave
benefits, workePs compensation, or any other City employee benefit City shall not have superwsion
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 &rectlon of
the City Manager of the C~ty of Denton, Texas, or tus designee under this agreement
Indemmficatmn
Contractor shall and does hereby agree to ~ndemmfy and hold harmless the City of Denton
from any and all damages, loss, or habfllty of any k~nd whatsoever, by reason of mjury to property or
third persons occasmned by any error, omission or neghgent act of Contractor, its officers, agents,
employees, mvltees, and other persons for whom ~t ~s legally hable, w~th regard to the performance o£
this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton
against any and all such clmms and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for
construction and enforcement shall he in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or a~ter the date established for the
start of work ss set forth in written notice to commence work and complete all work w~thln 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 ~n current funds the price or prices shown m
the Proposal, wluch forms a part of ttus contract, such payments to be subject to the General and
Special Conchtmns of the Contract
CA - 2
Sherman Drive, Pennsylvama, Gregg Bid # 2757 CITY OF DENTON
and Ponder Street ConstmcUon
IN WITNESS WHEREOF, the part~es of these presents have executed thts agreement ~n the
year and day first above written
ATTEST ~~O~ER~
(SEAL)
ATTEST
~ILING ADD.SS
-,
Fax #(940) 382-9732
FAX NUMBER
APPROVED AS TO FORM PRINTED NAME
/~D/-O '~~4~'~ (SEAL)
CITY ATTORNEY
CA - 3
Sherman Dave, Pent~ylvama, fib:egg Bid # 2757 CITY OF DENTON
and Ponder Street Construetmn October 27, 2001
CONTRACT DOCUMENTS Having examined the Proposal, General Instructions, Materials,
Execution, Drawings, and Contract for (Bid # 2757) and Sherman Drive, Permsylvama, Gregg and
Ponder Street Construction and hamng exanuned the premises and mrcumstanees affecting the work,
the undersxgned offer
OFFER 1 To furmsh ali labor, material, tools, equipment, transportatton, bonds, all apphcable taxes,
incidentals, and other fa¢lht~es, and to perform all work for the smd Sherman Drive, Pennsylvama,
Gregg and Ponder Street Constmctmn for the following area
8herman Drive Super C PG 76-22 Asphalt Overlay WORKDAYS 25 Days
From 100 feet East of Locust to Hercules
BID TABULATION SHEET
1 21 CONTRACTORS LS $"1ooo °°/LS $
WARRANTIES AND
UNDERSTANDINGS- 1 Year
UmtPneemWords ~e,~e,.-4'h,~,,.~l d~ll,.r~, ~ Zer.
1 21 Alt I CONTRACTORS LS $/~*o~ ~/LS $
I
WARRANTIES AND
UNDERSTANDINGS-2 Year
Umt Pnce m Words ~, ~.~.._. 44~ ~. a ~ ~,/&., ~
54 BMULS~IED ASPHALT 729801 SY $
TREATMENT
!
57 2" SPECIAL TYPE C 9125 TN $.~"q~'/TN
ASPHALT OVERLAY
Umt Price m Words .fi/~ r.~ ..~%.~. ~t,//~...~ ~
Umt Pnce m Words
8 1 BARRICADES,WARNING LS $ ~'oa ~'>/LS
SIGNS AND DETOURS $~0~"'
Umt Pnce m Words ~c~e~-~ ~ ~,- ~¢
102
81~erman Dnve, Peflnsylvama, Gregg Bid # 2757 CITY OF DENTON
and Ponder S~zeet Construction October 27, 2001
umtrnee an Words ~ttzlv,~lz~d~. ~[/o~,-~
SP-45 Se~ S~e~M Cracks-Cr~co 8500 LF
Polyflex ~pe 3 Se~t or
Approved Equ~
UmtPncemWords ~o d~/}~ ~ ~
SP-44 ~ PKOF~E~LL-2" 72980 [ SY
Umt Pnee m Words
W~ One ye~ Mmten~ce Bond-1 21 Project Total Cost
W~ Two ye~ Mmnte~ee Bond-1 21 Alt Project Total Cost
103
8herman Drive, Pefinsylvama, C-~egg B~d # 2757 CITY OF DENTON
and Ponder S~eet Construction October 27, 2001
Penns¥1vama Keconstmctmn Prolect - ]PI 35E to Stonegate WORKDAYS 20 Days
BID TABULATION SHEET
1 21 I CONTRACTORS LS I $ 50 ~ ~ ~/LS $
WARRANTIES AND
UNDERSTANDINGS-I year
1 21ALT CONTRACTORS LS I $/o,o~o,°'/LS $
WARRANTIES AND I /0, 0~ e:~
UNDERSTANDINGS-2 year
UmtPncemWords ~e~44..o~.~.!. c{otl~r~ ~. ?-er', ~
22 CEMENT for a.Z-7 3 TN $/00 oo /TN
STABILIZATION
UmtPncelnWords o~¢ /t.~z~d ~td]~r-~ ~ze~',
27 CEMENT STABILIZED 20,222 SY $ ~' /SY
SUBGRADE - 6"
UmtPrlce reWords ~.~ ~{~}t,.r~ ~ 5~4~..-~.~
3-B REMOVE CONCRETE CURB 150 LF $ ~ 6~ /LF
AND GUTTER
3 3 9" Bomag(Rermx)Subgrade& 20,222 SY / ~.%q /SY $~,~ ~', ~7~' ~'g
Unclassffied Excavahon-Y'
UmtPrtcemWords o~-e ~t~/]r.~' ~ 'P~. ~'
5 4 I~MLrLSIFIED ASPHALT I 20,222 SY $ , ~, /SY $
TREATMENT
UmtPrl¢¢mWords ~'~ ot~/[a-~$ -4~ 5~
104
Ehcrman Dnve, Pemmylvama, Gregg Bid # 2757 CITkr OF DENTON
and Ponder Street Construction October 27, 2001
57 FULL 2" TYPE C ,DEPTH 4" TYPE A ASPHALT
Umt Price m Words
672~A I AdjustM ol s ndVmws
Umt Price m Words
8 1 B~C~ES,W~G
SIGNS ~ DETO~S
8 2 G~TEKCONC~TE C~
Umt Pnce m Words
SP-39 [ PRO'CT SIGNS 2
Umt Price m Words 2~o
W~ one ye~ Mmten~ce Bond 1 21 ProJect Tot~ Cost
W~ ~o yem Mmnte~ce BoM 1 21 Alt Project Total Cost
105
Shenrmn Dnve, Pennsylvama, 6zegg Bid # 2757 CITY OF DENTON
and Ponder Slzeet Construction October 27, 2001
GTCgE Reconstruction Project- From Denton St to Amarillo St WORKDAYS 20 Days
BID TABULATION SHEET
I J rD T- r°n'4Gs'lyear [ [ I [
UmtPncemWords f:~ L~,gr.~ 4~1)~ &~ero ~
1 21 CO~CTO~ LS $
W3~T~S ~
~E~T~GS-2yem
Umt Pneo m Words
22 CE~NT for 40
$T~A~ON
UmtrfleemWords ~:~,j.~ d~}l~ ~ z~
2 7 CE~NT ST~D 2475 SY $ ,7
S~G~E - 6"
3-B ~MO~ CONC~TE C~~ G~TER 100 LF $
3-C ~MOVE CONC~TE 90 SY $
S~EW~K, ~S ~
D~WAYS
UmtPneemWords ¢~do//~s ~o
5 4 B~mD ASP~T 2475 SY $
T~AT~
UmtPncemWords ~/o ~ / ]~r S ~
~L DEP~ ASP~T
106
Sherman Dnve, Peimsylvama, Oregg Bid ii 2757 CITY OF DENTON
and Ponder Street Construction October 27, 2001
8 1 B~C~BS,W~G LS
SIGNS ~ DETO~S
UmtPncemWords ~~ ~&~/[vrs ¢ze~ ~.~
82 CONC~ C~ ~ 100 LF $
O~TER
UmtPncemWords ~r~ ~])~ ~ ~*~ ~
8P-39 t P~O~CT SIGNS2I
UmtrncemWords Jo~ ~,~ ~r~ dUt~r~ ~ ~v
SP-44 Iv~om~m6'' 2475I sY Is/~ /sY
UmtPncemWords 0~ do])*~ fi S~
W~ one ye~ m~te~ce Bond 1 21 Project Total Cost = $
W~ ~o ye~ m~ten~ce Bond 1 21 ~t Project Tot~ Cost = $
107
8~.erman Dnve, Peflmylvama, Oregg Bid # 2757 CITY OF DBNTON
dud Ponder Street Consl~uctton October 27, 2001
Ponder Reconstruetton Prolect- From Oak to Scripture WORKDAYS 20 Days
BID TABULATION SHEET
WARRANTIES AND
IIND]ERSTANDINGS- lyear
UmtPncemWords 0~ 4q~U-~,~ tJ.lh,z, Pr~-~r~
1 21 I CONTRACTORS LS $ / LS $
WAILILa_.NTIES AND
UND]EKSTANDINGS -2year
UmtPnce reWords )cot -l~.x~l ~ll~r~ 4z r.
2 2 CEMENT for 47 TN $
STABILIZATION
UmtPnee~nWords O~e. [v~.ae~e d d d l~.4 ~' z~,%
27 CElVIENTSTABILIZED 2926 SY $t97~ /SY $~,19q
SUBGKADE - 6"
UmtPnoem Words Z~,'o d , lL~s 4' 5~'~'7 ~'~t¢
3-B REMOVE CONCRETE CURB 1,195 LF
A_ND GUTTER
UmtPrlcemWords 4o~ d , ] l&r~ -[- ge.~o
3-C REMOVE CONCRBTB 564 SY $
SIDEWALK, RAMPS AND
DRIVEWAYS
UmtPflcemWords 5~"~ d, IJ~,.~ ~l.- ~-o
5 4 I EMULSIFIED ASPHALT 2926 SY
TREATMENT
108
$herman Drive, Peramylvama, Gregg Bid # 2757 CITY OF DENTON
and Ponder Street Construction October 27, 2001
UmtPncemWords /.[,~t_jcL^~..,.d ~r~m~'/.l ~.1~., .'/,'~
8 1 B~C~ES,W~G LS
SIGNS ~ DETO~
Umt ~ce rewords ~ ~r~
82 CONC~TE C~ ~ 1195 LF
G~TER
Umt Price m Words ~?m
UmtPnee m Words ~
SP-44 [ PROF~E ~L6" 2594
Umt Pnee m Words
W~oneye~mamten~eeBoM 1 21 ProJect TotalCost
W~ ~o ye~ mmte~ee Bond 1 21 ~t Proj eot Tot~ Cost
EXAMINATION OF SITE By mgnmg the Proposal Form, contractor acknowledges he ts an
anthonzed representative and has examined the site and ~s aware of al1 field conrhtmns, which may
affect the work
TAXES Tax shall not be included m your b~d
Upon receipt of not~ce of acceptance of tins b~d, w~ttan thkrty (30) days of the date of tlus proposal, I
(or we) agree to execute the formal contract wltkm ten (10) days thereafter, and to dehver an Insurance
Certfficate, a SURETY BOND m the ammmt of ONE HUNDRED and TEN PERCENT (110%) of the
contract price for the fmttfful performance of the contract, and a ONE HUNDRED PERCENT (100%)
STATUTORY PAYMENT BOND
109
Sherman Drive, Pennsylvanm, Oregg Bid # 2757 CITY OF DENTON
and Ponder Street Construction
BOND NO 111:33595840
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Jagoe Pubhc Company whose address
~s P O Box 250, Denton, TX 76202 hereinafter called Pnnc~pal,
and A.q~qOCIATED INDEMNITY CORPORATION , a corporation organized and
ex~stmg unde~ the laws of the State of California , and fully authorized to transact business ~n
the State of Toxas, as Surety, are held and firmly bound unto the C~ty of Denton, a mummpal
corporation orgamzed and exmtmg under the laws of the State of Texas, hereinafter called Owner, ~n
the penal sum of Eight Hundred and Seventy Thousand, E~ght Hundred and Twenty Three Dollars
and F~ve Cents( $870,823 05 ) plus ten percent of the stated penal sum as an add~tmnal sum of money
represennng addlnonal cou~ expenses, a~orneys' fees, and hqmdated damages ar~mng out of or
connected wtth the below ~dantffied Contract, in lawful money of the Umted States, to be prod in
Demon County, Texas, for the payment of wbach sum well and truly to be made, we hereby b~nd
ourselves, our heirs, executors, admmmtrators, successors, and assigns, jointly and severally, firmly by
these presents Th~s 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, wknch reduces the Contract price, decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME is con&t, oned as follows Whereas, the Pnnc~pal
entered into a ce~mn Contract, ldennfied by Ordinance Number 2001- 476, w~th the City of Denton,
the Owner, dated the 18th day of December A D 2001, a copy of wh, ch ~s hereto a~ached and
made a pa~ hereof, for B~d #2757 Sherman Dr, ye, Pennsylvania, Gregg and Ponder Street
Constmcnon~
NOW, THEREFORE, if the Pnnmpal shall well, truly and fmthfully perform and fulfill all of
the nnde~akmgs, covenants, terms, condlnons and agreements of smd Contract ~n accordance w~th the
Plans, Specifications and Contract Documents during the original term thereof and any extenmon
thereof which may be granted by the Owner, with or w~thout notme to the Surety, and dunng the hfe of
any guaranty,or warranty reqmred under fl'ns Contract, and shall also well and truly perform and fulfill
all the unde~aklngs, covenants, terms, conchnons and agreements of any and all duly authorized
modfficat~onp of smd Contract that may hereafter be made, nonce of which modfficatmns to the Surety
being herebylwmved, and, ~fthe Prmctpal shall reparr and/or replace all defects due to faulty materials
and workmanship that appear w~thm a period of two (2) years from the date of final complenon and
final acceptamce of the Work by the Owner, and, ~fthe Pnnc~pal shall fully ~ndemmfy and save
harmless the Owner from all costs and damages wbach Owner may suffer by reason of fmlure to so
perform hereto and shall fully reimburse and repay Owner ali outlay and expense whmh the Owner
may recur ~n making good any default or deficiency, then flus obhganon shall be vmd, otherwise, ~t
shall remmn m full fome and effect
PB - 1
Sherman Drive, Pennsylvania, G-regg Bid # 2757 CITY OF DENTON
and Ponder Street Construction
PROVIDED FURTHER, that if any legal actmn be filed upon thls Bond, exclusive venue shall
he m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and
agrees that no change, extensmn 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 m anywise affect ~ts obhgat~on on this Bond, and ~t does hereby waive notice of any such
change, extension of t~me, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Speclficatmns, Drawings, etc
This Bond ~s g~ven pursuant to the prows~ons 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 ~s hereby designated by the Surety here~n as the Resident
Agent ~n Denton County to whom any reqms~te hermes may be dehvered and on whom service of
process may be had in matters arising out of such suretyship, as prowded by Article 7 19-1 of the
Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument ~s executed m copies, each one of which
shall be deemed an original, this the 4 day ofJanuary , 200z
ATTEST PRINCIPAL
BYS ~U''~ ' ~ ByJAGOE PUBLIC CORPORATION ~~-- ~
V~cL PRESIDENT
ATTEST SURETY
(!/
ATTORNEY-Ii~-FACT
Rosemary Weaver
The Resident Agent of the Surety ~n Denton County, Texas for dehvery of notme and service of the
process is
NAME Wtll±e of Texas, Ine
STREET ADDRESS 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
Sherman Drive, Pennsylvania, Gregg Bid # 2757 CITY OF DENTON
and Ponder Stree~ ConstmcUon
PAYMENT BOND
STATE OF TEXAS §
COLrNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Jagoe Pubhc Company ,
whose address ~s P O Box 250, Denton, TX 76202 , hereinafter called
Pnnclpal, and ASSOCIATED INDEMNITY CORPORATION , a corporation organized and existing
under the laws of the State of ca 1 ~ t n,-,,~ ~ , and fully authorized to transact business in the State
of Texas, as Surety, are held and firmly bound unto the City of Deaton, a municipal corporation
orgamzed 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, m the penal sum of Eight Hundred and Seventy Thousand,
Eight Hundred and Twenty Three Dollars and Five Cents ($ 870,823 05 ) in lawful money of
the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to
be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in
no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease
the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certmn Contract, identified by Ordinance Number 2001-476, with the City of Denton,
the Owner, dated the 18th day of December A D 2001 , a copy of which is hereto attached and
made a part hereof, for Bid #2757 Sherman Drive, Pennsylvania, Gregg and Ponder Constructmn
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 matenal in the prosecution of the Work provided for in said Contract and any and all duly
authorized modifications of said Contract that may hereafter be made, notice of which modifications to
the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain
in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie
in Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and
agrees that no change, extenmon 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, ere, accompanying the
same, shall m anywme affect ~ts obligation on thru Bond, and ~t does hereby wmve not,ce 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, Spemficatlons, Drawings, etc
PB - 3
Sherman Drive, Pennsylvanm, Gregg Bid # 2757 CITY OF DENTON
and Ponder Street Construction
Thts 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
1N WITNESS WHEREOF, this instrument is executed in4 copies, each one of winch shall
be deemed an original, tins the 4 day of January , 2002
ATTEST PRINCIPAL
JAGOE PUBLIC COMPANY
V~c5 PI~SIDENT
ATTEST SURETY
By<¢~)~./_~ /~ ASSOCIATED INDE}{NIT¥ CORPORATION
The RemdentAgent ofthe Surety ln Denton County, Texas for delivery of notmeand service of the
process is
NAME willis of Texas, Inc
STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporation, glve
a person's name)
PB - 4
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That FIREMAN'S FUND INSURANCE COMPANY a Cahfomta corporation NATIONAL SURETY CORPORATION
INSURANCE COMPANY a New lersey corporat on redomes eared In Nebraska ASSOCIATED INDEMNITY
an llhnots corporation THE AMERICAN ~ImANCE CO a ssoun corporation (hereto co ec veJy called the
CORPORATION "Cahfornta corporation and AMERICAN AUTO~I.O.~BILE.~I.N~U..&.. -~,.~,~.~M.P.A~N.~Y~., ~Md r~n* 't ~q WY
Compames ) does each hemby appoint ROSEMARY WEAVER AND JOHN Ko 3iUblkIU£N U£ aZ~ .......
he r true and hwfu A orney($ in Fac with full power of authorRy hereb) conferred in their name place and qead to execute seal acknowledge and deh~el auy and all
bonds undcrtak*%, recognlzance~ or other wrmen obhga It ns n the nature thereot ...........................................
the author of Art c e VIi of the By law~ of F REMAN S FUND INSURANCE COMPANY NA'I [ONAL SURETY
Th s o~el ot attorney I~ granted under and by y AN AUTOMOBILE INSURANCE
CoRpPoRATION THE AMERICAN NSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERIC
COMPANY which provmlon~ are now in full force and efkct
wet of attorne is si ned and sealed under the aut or y of the following Resolution adopted by the Board of Directors ot FIREMAN S FUND INSURANCE
This po Y g COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN
COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE the 19th day of March 1995 and ~ald Resoluuoa ha~ not been
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held or by amtten consent on
anlended or r~l~C ded
vahd and binding upon the Compames
IN WI~SS WHEREOF the Comoan~q have caused theqelp~e~ts to be signed by their Vice President and the,r co.orate qeal, to be hereumo alltxed
th~s. A/ dayof Dec~mbo~
~ . ~ ~ ~ [$ _._%~ THE AMERICAN INSURANCE COMPANY
~* '; ~ · * ~ ,, A m g ASSOCIATED INDEMNITY CORPORATION
~ ~ ~*~t~ __~ AMERICAN AUTOMOBILE INSURANCE COMPANY
B~
STATE OF CALIFORNIA } ss
COUNTY OF MARIN
Co~pames that th~ seals affixed to ~e said mstmm~m a~ such company seals, tha hey wer ........... . ___ B
IN W~TN~S WHEREOF. I h~ve he.unto set my ha~d and affix~ my offic,al seal the day and ye~ hereto first above written ,
Nota~ Public - Callf~nla ~
~~m ~m,~ I ~E
i _[ CERTIF C~
STATE OF CALIFORNIA } ss
COUNTY OF MAR[N
an DO HEREBY CERTIFY ha he foregoing and attached pOWER OF A~ORNEY remains m fail force
theunderslgned ResldentASSlstantSecretary.°fe~c~,~m~.~ ~n,,l~nf~nehenm~ v and the Resolu onoftheBoardofD~rectors seifo~htnthePowerofAttomey
S,~n~;~tn~fs°~l~d at th, Count~ of Mmn Dat,d the ~ day of ~~
~,,,,,,,~,,,~*' , .............
360~8~ 11 ~8
F~reman's Fund Insurance Company
1999 Bryan Street, Dallas TX 75218
RIDER
To be attached to and form a part of Performance and Payment Bond
No 11133595840
on behalf of
JAGOE-PUBLIC COMPANY
~n favor of
Cxt¥ of Denton
Pursuant to Texas Rewsed Statutes HB 409 of the 2001 Legislative Session w~th an effecttve
date of
September 9, 2001
Clmm Notices under th~s bond may be filed with
F~remaffs Fund Insurance Company
CHICAGO SURETY CLAIMS
233 S Wacker Dr, State 2000
Chicago IL 60606-6581
Attn Surety Clatms
Telephone # 1-800-$62-4221
Fax # 1-312-441-6581
OR
You may contact the Texas Department of Insurance to obtmn
~nformat~on on compames, coverage's, rights or complaints Their
phone number is 1-800-252-3439
S~gned, sealed and dated th~s 4 day of January_, 2002
Associated Indemmt¥ Corporation
~ttorney-in-fact, Rlosemary Wea
Sherman Drive, Ponnsylvama, G-regg Bid # 2757 CITY OF DENTON
and Ponder S~eet ConsU'uctaon
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bxdder's attention is d~rected to the insurance requirements below It is highly recommended that
bidders confer w~th their respective insurance carriers or brokers to determine m advance of Bid
submission the availability of insurance certificates and endorsements as prescribed and provided
herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder
may be chsquahfied from award of the cuntract Upon bid award, all insurance reqmrements shall
become contractual obhgatmns, wluch 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 habflitles of the Contractor, the Contractor shall
provide and maintain untd the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as praeUcable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any nme, however, Contractors are strongly
advised to make such requests prmr to b~d opening, since the insurance requirements may not be
modified or waived after bid opemng unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in comphance with these
general specifications throughout the duration of the Contract, or longer, if so noted
· Each policy shall be issued by a company authorized to do business m the State of Texas
wath 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 ehmlnate 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,
claam admnustratlon 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 msurance ~s primary to any other insurance avmlable to the adchtlonal
insured wath respect to clmms covered under the policy and that this insurance
Sherman Drive, l~ennsylvanta, Oregg Bid # 2757 CITY OF DENTON
and Ponder Stxeet Construction
applies separately to each insured against whom clmm is made or suit is brought
The mclusmn of more than one insured shall not operate to increase the insurer's
hmlt of liability
· All policies shall be endorsed to .read
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MA TERIALL Y
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE Ot97VER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED"
· Should any of the reqmred insurance be provided under a clmms-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 clmms 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 hmlt, 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 obtamed in satisfaction of th~s Contract shall additionally
comply with the following marked specifications, and shall be mamtmned in comphance with
these additional speeffieat~ons throughout the duration of the Contract, or longer, if so noted
General Liability Insurance:
General Llabthty insurance with combined single hmlts of not less than $1,000,000 shall
be provided and malntmned by the Contractor The pohcy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and umbrella or
excess pohcles
If the Commercial General Liability form (ISO Form CG 0001 current edmon) is used
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual llablhty covering this contract
and broad form property damage coverage
Sherman Drive, Pennsylvanta, Gregg B~d # 2757 CITY OF DENTON
and Ponder Street Constmctton
· Coverage B shall include personal injury
· Coverage C, medical payments, is not required
If the Comprehensive General Laab~llty form (ISO Form GL 0002 Current Edition and ISO
Form GL 0404) as used, it shall include at least
· Boddy injury and Property Damage Liability for premases, operations, products
and completed operataons, independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures
· Broad form contractual hablhty (preferably by endorsement) covering this
contract, personal injury habahty and broad form property damage llablhty
IX] Automobile Liabdaty Insurance
Contractor shall promde Commercml Automobde Llab~hty insurance vnth Combined Smgle
Lmuts (CSL) of not less than $500,000 either m a single policy or m a combination of hame
and umbrella or excess policies The policy unll include bodily injury and property damage
habdxty anmng out of the operatmn, mmntenance and use of all automobiles and mobdc
eqmpment used m conjunction w~th thru contract
Satmfactlon of the above reqmrement shall be m the form of a pohcy endorsement for
any auto, or
· all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensatmn insurance whmh, m addatlon to
meeting the mmamum statutory reqmrements for issuance of such insurance, has Employer's
Lmbahty limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 pohcy limit for occupatmnal disease The City need not be named as an "Addltmnal
Insured" but the tnsurer shall agree to wmve ail rights of subrogation agmnst the City, its
officials, agents, employees and volunteers for any work performed for the Caty by the Named
Insured For bmldmg or constructaon projects, the Contractor shall comply with the prowmons
of Attachment 1 an accordance wath §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 Lmbihty Insurance
The Contractor shall obtmn, pay for and mmntam at all times during the prosecutmn of the
Sherman Dnve, Pennsylvanm, Gregg Bid # 2757 CITY OF DENTON
and Ponder Street Cons~rucUon
work under th~s contract, an Owner's and Contractor's Protective Lmbd~ty ~nsurance pohcy
naming the C~ty as ~nsured for property damage and bodily injury which may arise m the
prosecution of the work or Contractor's operations under th~s contract Coverage shall be on
an"occurrence" bas~s, and the pohcy shall be issued by the same xnsurance company that carnes
thc Contractor's hablhty insurance Pohcy limits wdl be at least combined bodily
injury and property damage per occurrence w~th a aggregate
[ ] Fire Damage Legal Lmblhty Insurance
Coverage ~s reqmred ~f Broad form General Lmbthty ~s not prowded or ~s unavmlable to the
contractor or ~f a contractor leases or rents a port, on of a C~ty bmld~ng L~m~ts of not less than
each occurrence are reqmred
[ ] Professional Lmbd~ty Insurance
Professional hablllty insurance with limits not less than per claim w~th respect to
neghEent acts, errors or omlsslons m comr~ectlon w~th professional services ~s reqmred under
thas Agreement
[ ] Budders' Rask Insurance
Budders' R~sk Insurance, on an All-Pask form for 100% of the completed value shall be
prowded Such pohcy shall include as "Named Insured" the C~ty of Denton and all
subcontractors as their tnterests may appear
[ ] Additional Insurance
Other ~nsurance may be reqmred on an mchwdual bas~s for extra hazardous contracts and
specific serwce agreements If such additional insurance ~s required for a specific contract, that
reqmrement wall be described ~n the "Specific Conditions" of the contract specifications
Sherman Drive, Pennsylvama, Gregg Bid # 2757 CITY OF DENTON
and Ponder Street Construction
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Cemficate of coverage ("certlficate")-A copy of a certificate of Insurance, a certificate of
authority to self-insure ~ssued 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 entlty's employees providing services on a project, for the
duration of the project
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by the
gavemmeaxtal entry
Persons providing services on the project Csubcontractor" m $406 096) - includes all
persons or entities performing all or part of the serwces 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 Th~s 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
B The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401 011(44) for all employees of the
Contractor providing services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract
D If the coverage period shown on the contractor's current certtficate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file
a new certificate of coverage with the governmental entity showing that coverage has been
extended
E The contractor shall obtmn from each person providing services on a project, and prowde
to the governmental entity
Sherman Drive, Pennsylvama, Gregg Bid # 2757 CITY OF DENTON
and Ponder Street Construction
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing serwees 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 durmg the duration of the project
F The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notlf~ the governmental entity m writing by certified mini or personal
delivery, w~thtn 10 days after the contractor knew or should have known, of any change
that materially affects the provision of coverage of any person providing services on the
project
H The contractor shall post on each project site a notice, in the text, fonn and manner
prescribed by _the Texas xifiarke~ 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 at contracts to provide
services on a project, to
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
reqmrements 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 at contracts, and provide to the contractor
(a) a certaficate of coverage, prior to the other person beginning work on the
project, and
(b) a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project,
(5) retain all required certaficates of coverage on file for the duration of the project and
Sherman Drive, Pennsylvanm, Gregg B~d # 2757 CITY OF DENTON
and Ponder Street Construction
for one year thereafter,
(6) notify the governmental entity in writing by certified mall or personal delivery,
wltlun 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 reqmre each person vath whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services
J By signing this contract or providing or causing to be prowded 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 vall be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classfficatlon codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, ~n the case of a self-
lnsur_ed~ w~ the c_o ~mrn_ !ssm_n's_ _Division of Self-Insurance Regulatmn Prorating false or
m~sleadlng information may subject the contractor to admunstratlve penalties, criminal
penalties, civil penalties, or other civil actions
K The contractor's failure to comply with any of these prowslons 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 2757 - Sherman Drive, Pennsylvania, Crregg and Ponder Street Construction
te 1/25/02 Time ii 08 AM To CHRISTY @ 349-7302
IPaEe 003-004
, ACORD. CERTIFICATE OF LIABILITY INSURA iCE
K~y ~ KI~ Zn~t8nce HOLD~ ~m ~R~fl~ 'E ~ N~ MILD, ~T~ OR
8~0 ~h Z-3SL, ~tte A ~TBATHBG~EA
~ ~e ~1c ~any, ~C ~ Travelers I1Q~S
6t~1 ~ ~. ~ntx Im ur~ce
P 0 B~ 2S0 ,~c Travelers ~n~e Co
~t~, TX 7620~ [~ Travelers :,n~tt~ o~ ~r~c
C~ of Denton, It's of~clals, agents, employees and volunteem are shown as addrdonal insured. Ced:ftc. ate holder Is
shown as addltlonld Insured Waive of submgalton Is ~uecl In fe~of of City of Oenlon
~e 8hmm~n ~tv~, Penney~mrda, (]4.egg & Ponder ~ Gone~on
CE~'miCATE ..... "_~ I I m~mow~. ......... C~NCELLATIO.
City of Denton o e~v~ wn~en rmti~e f~ng gl~ to ~ Ovmer, exoelg v~el the
I~la ~ii~ noallad f~- nonpa~mle~ of premium, ,n wh~h Mle 10
~07 BTexaa$~aet ayev~ttm, n< ml~mqulmd. / ./
1/25/02 Time 11 08 AM To CHRISTY ~ 349-7302
page 004-004
IMPORTANT
If t'ne ee~flc~te helder iii an ADDITIONAL IN~URE[}, the ~l~0~} mu~ be
~ ~lS ~fl~W ~ not ~on~r ~8~ ~ ~ ~ hot~r In lieu ~ ~h
~ ~BROGA~ON lB WAN~ subJe~ ~ ~n ~s and ~n~ons ~ ~ ~t~ ~n p~lct~ may
hoi~r In lieu ~ s~
The CmtIfl~at~ of In.ranGe on ~he rMme Mae ~ this form does n~ c~onstltute · contTact between
the leeulng Ineurer(e), euthorliied reprwnt~Ne o' produoer, and the oe~llfloate homer, nor deee It
elfirmaflvely o' negatively eme~d, extend or alter the ooverage afforded by the poliolee listed thereon