2000-185 ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF WESTWOOD AREA WATERLINE, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (BID 2482-WESTWOOD AREA WATERLINE AWARDED TO JAGOE PUBLIC
COMPANY IN THE AMOUNT OF $175,401)
WHEREAS, the City has sohmted, and received competitive sealed bids for the constmctmn
of pubhc works or improvement m accordance w~th the procedures of STATE law and C~ty
ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest respondent for the construction of the pubhc works or
improvements described m the bid invitation, and plans and specifications therein, and
WHEREAS, Section 271 905 of the Local Government Code allows the City to award a
contract to a bidder having its pnnclpal place of business in the City if its b~d ~s within three per cent
of the lowest bid price received from a nonresident b~dder
writing, that the local bidder offers the C~ty the best combination of price and additional economm
development opportunities for the C~ty created by the contract award, ~ncludlng the employment of
residents of the City and increased tax revenues to the C~ty, and
WHEREAS, the City Manager or a designated employee has reviewed the here~n described
bids for ~e materials, equipment, supplies or servmes as shown in the "Bid Proposals" submitted
therefore and represents to the City Council that the herein described local bidder's bid is within
three per cent of lowest bid price received from a nonresident bidder, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of ftmds
to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction ofpubhc works
or improvements, as described m the "Sealed Bid Invitations", or plans and spemfications on file
the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, and,
The City Council hereby determines that the vendor set forth below has its pnnc~pal place of
buslnes~ in the City of Denton, Texas, its bid is w~thln three per cent of the lowest bid price received
from a nonresident bidder and such local bidder offers the City the best combinat~on of price and
additional economic development opportumtles for the C~ty created by this contract award The
following numbered b~d for construction of a pubhc works project from the below described local
bidder and as shown in the "B~d Proposals" on file ~n the office of the City Purchasing Agent, are
hereby accepted and approved
BID
NUMBER CONTRACTOR AMOUNT
2482 Jagoe Pubhc Company $175,401
SECTION II That the acceptance and approval competitive sealed bid shall not constitute a
contract between the C~ty and the person submitting the b~d for construction of such pubhc works or
~mprovements herein accepted and approved, until such person shall comply w~th all requirements
specffied in Not,ce to Bidders including the timely execution ofa wmten contract and furmsh~ng of
performance and payment bonds, and insurance certificate after notfficatlon of the award of the bid
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
with the bids accepted and approved herein, provided that such contracts are made ~n accordance
w~th the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying
the terms, conditions, plans and specfficatlons, standards, quantities and specified sums contained
therein
SECTION IV That upon acceptance and approval ofthe above competitive sealed bids and
the execution of contracts for the public works and improvements as authorized herein, the City
Council hereby authorizes the expendature of funds ~n the manner and in the mount as specified in
such approved bids and authorized contracts executed pursuant thereto
SECTION V This ordinance shall become effective ~mmedlately upon its passage and
approval
PASSED AND APPROVED thru ~ day of ~.. ,2000
EULINE BROCK, MAYOR
ATTEST~
JENNIFER WAL~TERS, CI3~Y SECRETARY
APPROVED AS TO LEGAL FORM
HERBE~TTORNEY
ATTACHMENT 1
TABULATION SHEET
BID # 2482
BID NAME Westwood Area Waterlines H & W UTILITY P~pe Con, Inc Whizeon Jagoe Pubhc
Utilities Company
)ATE 319/00
Prlrlclpal Place of Business Lake Dallas, TX Irving, TX Arlington, TX Denton, TX
I Total Bid Award $274,619 10 $t72,467 00 $258,923 00 $175,401 00
Bid Bond YES YES YES YES
Price less hypothetical 3%
Local Preference Amount $170,138 97
CONTRAC.T AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6 day of ~,,ne A D ,
2000, by and between C.y nf Dentnn of the County of Dentan
and State of Texas, aeUng through l~eh.e! W lc7 thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Jagoe l:h~hhe Camp.ny
3(39.0 Ft ¥1/nrth Dr
13~ntcm. T~ 769.(3'~i
of the City of l~entnn , County of I~enic~n and
State of Texas , hereinafter termed "CONTRACTOR"
WITNESSETH That for and m constderatlon of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed ~n the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence aM complete performance of the work specified below
in the amount of ~17'~,4.~11 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 furmsh all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, m accordance with the conditions and prices stated in the Proposal and the Performance
and Payment Bonds, attached hereto, and m 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 here~n and on file in the office of the Purchasing Agent,
and in accordance with the plans, whxch ~nclndes all maps, plats, blueprints, and other
drawings and printed or written explanatory matter thereof,
CA- 1
and the Specifications therefore, as prepared by
Denton l~nglneerlng ~ntt Tran?ortatmn D~partrnent
all of which are referenced herein and made a part hereof and collectively ewdence and
constitute the entire contract
Independent Status
It ~s mutually understood and agreed by and between C~ty and Contractor that
Contractor ~s an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of ~ncome tax, w~thholdlng, social
security taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty
employee benefit C~ty shall not have superws~on and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder accorthng to the attached specfficat~ons at the general direction of the C~ty Manager
of the C~ty of Denton, Texas, or his designee under th~s agreement
Indemnfficat~on
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mwtees, and other persons for whom it Is legally hable, with
regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the C~ty of Denton against any and all such clmms and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for its
constructton and enforcement shall he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written not~ce to commence work and complete all work
within the time stated m the Proposal, subject to such extensions of time as are prowded by the
General and Special Cond~nons
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreement
in the year and day first above written
ATTEST
(SEAL)
r [ CONTRACTOR
~Co.
Denton, Tx 76202
MAILING ADDRESS
PHONE NUMBER Main #(940) 382-2581
Fax #(940) 382-9732
FAX NUMBER
TITLE
APPROVED AS TO FORM ] ~ PRINTED NAME
CITY ATTORNEY
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That lagc~e lh~hhc Company whose
address is qOg.~ ]~t Wc~rth l'}r~v~ ]3t~ntcm T~( 7fi~
hereinafter called Prmclpal, and aS$OCI~kDIN~EMNITYCORPORATION '
a corporation organized and existing under the laws of the State of Texas
and fully authorized to transact business in the State of Texas, as Surety, are held and firmly
bound unto the City of Denton, a mumclpal corporation organized and existing under the laws
of the State of Texas, hereinafter called Owner, in the penal sum of (}ne l-lnndr~d ,qeventy
Flv~ Thcm~and l~ca]r 14'l]ndr~d l'3n~ and no/lO(} DOLLARS ($ 17q,4(~1 ) plus ten percent of the
stated penal sum as an additional sum of money representing additional court expenses,
attorneys' fees, and liquidated damages arising out of or connected with the below identified
Contract, m lawful money of the United States, to be paid m Denton County, Texas, for the
payment of wfuch sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, admnnstrators, 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 m 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 2000-185, with the
City of Denton, the Owner, dated the 6 day of hme A D Caot)~ a copy of which is
hereto attached and made a part hereof, for md # 24R2 - Wentwcwtd Waterhne
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of sad Contract m
accordance with the Plans, Specfficattons 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, condmons
and agreements of any and all duly authorized modifications of said Contract that may
hereafte~ 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 harmless the
Owner from all costs and damages wfuch 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 m full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie m 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, Specfficat~ons,
Drawings, etc, accompanying the same, shall in anywise affect its obligation on th~s Bond,
and ~t does hereby wmve notice of any such change, extension of time, alteration or addmon 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 prows~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable 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 reqms~te notices may be dehvered and on
whom serwce of process may be had m matters arising out of such suretyship, as prowded by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~vll Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument is executed in 4 copies, each one of
which shall be deemed an original, th~s the 6 day of June
ATTEST PRINCIPAL
SECRE~,~RY
V'~E PRESIDENT
ATTEST SURETY
~ATTORNE~-IN-F~CT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process ~s
NAtaE
STREET ADDRESS I'~r~ k,~-~£ ~/'); ,qt/FF£ L/~O;
(NOTE Date oS PerSormance Bond must be date oS Contract lS Reszdent Agent ts not a
corporation, g~ve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That l,a~ne Pnhhe Chin?ny ~ whose
address is '109.O l~'t Wnrth Dr,vn I~ontnn TX 7690~
hereinafter called Principal, and 'AS~01N/~n~C0~Am~ '
a corporation orgamzed and existing under the laws of the State of Te'~a~ , and fully
authorized to transact business m 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 corporatmns who may
furnish materials for, or perform labor upon, the building or Improvements hereinafter referred
to, in the penal sum of f)ne I-l'nndre~d ,¢l~venty l~'lve Thnnqand gnnr 14nndrecl One and nn/10f)
DOLLARS ($175;lOl ) in lawful money of the United States, to be paid in Demon, County,
Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our
heirs, executors, admlmstrators, 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 Comract price, but in no event shall a Change
Order or Supplemental Agreemem which reduces the Contract price decrease the penal sum of
this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Prlnmpal entered into a certain Contract, identified by Ordinance Number 20/10-1 g'i, with the
City of Denton, the Owner, dated the 6 day of hme A D 200~. a copy of which is
hereto attached and made a part hereof, for la,ri ')4R2 - Weetwc~nd Waterhne
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcomractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any, and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall he 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 notme 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 ~s given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and des~guated agem ~s hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any reqmslte notices may be dehvered and on
whom serwce of process may be had m matters arising out of such suretyship, as prowded by
Artmle 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument ~s executed m 4 cop~es, each one of
which shall be deemed an original, this the 6 day of hme , '2000
ATTEST PRINCIPAL
SECRETARY BY
qtc~_ PRESIDENT
ATTEST SURETY
A$SOC,~TED iNDFMNITY CORFOg, ATION
,~TORNEY-I~-FkCT
The Resident Agem of the Sure~ ~n Denton County, Texas for dehvery of notme ~d serwce
of the process ~s
NAME WILLI~ O~ TEXgS, ~
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatwn, gtve 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
NOW ALL MEN BY THESE PRF3ENTS That FIREMAN S FUND INSURANCE COMPANY a Cabfomm corgorauon NATIONAL SURETY CORPORATION
K ......... ,,.,,, '..m'~m,,'~,"c t'c~MPANY a New Jersey corporation redomes ca ed n Nebraska ASSOCIATED INDEMNITY
an I ...... .P. ? ............ .~ ..t=o,,',a~ AUTOMOBILE INSURANCE COMPANY a Missouri corporation (herein collectively called the
Compames ) does each hereby appomt ROSEMARY WEAVER AND JOHN R. STOCKTON OE' O.~Ub.%~ '~_.'!.
heir lrue and '~wfu[ Atiorney(s/tn Fact w,h full power of authority hereby conferred m their name place and stead to execute sea] acknowledge and debver any and all
attested by the Compame~ Secretary hereby ratifying and confirming all that the s ad Attorney(Q m Fact ma~ do ~n the premme~
Tht~ ~ue~ oi attorney I~ granted under and by the authomiy of A~lc[~ VII of the By aw~ of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY
CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION ned AMER CAN AUTOMOBILE INSURANCE
COMPANY which provisions are now m full force and eBect
Tht~ power of attorney s sign~ and sealed under the authority of the follow ag Re~olutma adopted by the Board of D~rectors ot FIREMAN S FUND INSURANCE
COMPANY NATIONAL SURETY CORPORATION THE AMER CAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION ned AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held or by written coasem on the 19th day of March 1995 and smd Re~oluuo~ ha~ not been
amended or repealed
Compan es may be affixed or pnnted on any power of attorney on any ~vocaaon of any power of a tomey or on any cemficate ~latmg thereto by
vahd and binding u~n the Compante~
th,, ~' ~"Vof Deebmber
THEAMERICAN INSURANCE COMPANY
~ ~ * * [ ~ s ~ A L ~ I ASSOCIATED INDEMNITY CORPORATION
~ . AMERICAN AUTOMOBILE INSURANCE COMPANY
STATE OF CALIFORNIA } ss
COU~Y OF MARIN
Onm,s 17 dayof D~aember , 1998 ,~foremepersonaliycame M A Mallo~
duly sworn ~,d dsms~ ~3aL 9 }. ................... , corn-an- ~als that thew were so a~xed by order of the Board of D,rectors of sa,d compames and that he
signed his name thertto by like order
INyITNESSyHE~EOLI hay, he.~nto ~t my h~d a.d ,ffix~ my officml seal
~~ ~,~1 IFICATE NO,~y Pubhc
STATE OF CALIFORNIA } ss
COUNTY OF MARIN
Sec~t~ of each corn ~y DO HEREBY CERTIFY ~ha ho forego ng and attach~ POWER OF A~ORNEY remams m full focce
360789 11 98
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
P. 0 BOX 149104
AUSTIN, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OF CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR
PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE
AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT
RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT
BECOME A PART OF CONDITION OF THE ATTACHED
DOCUMENT.
ame¥ & K'lng TnsUrance I ~'~T~C&T~BNOTJ~MEND. EXTENDOR I
)enton, TX 7620~-7829 cow,~, I~t tum~(nous
Mm' Ext. A
3agoe Pub~c Company, Znc. B
B~11 ChHk
P 0 Box 2~0
~n~on, ~ 76202
D
CERTI~TE M~Y 5~ 1~8UEO OR ~Y ~RTA~N,~ ~U~E ~ORD~ ~ ~E ~8 ~8~I~D H~N ~ ~E~ TO ALL ~
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,~ .... ,, , , ,-~ -~, ~,~,,,~
City cE De~ its o~ie~/s, ~euts, employees and volurtee~s are sho~ as ~ddit/onal
shall ~ot be c~ce11~d, zeueved,or
gA;~ ;:..:-~g~.. ' I~ ~n ~czce ~zu~ ~xvon to the ~er, ~cepl
~~cr~.. ~ ~ ~e ~oltcy As ~ezuS canc*lle~ for non-
Denton, ~ 7bZOl ~ mn~ cE ~e~, in ~ch case lO
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attentton ts dtrected to the tnsurance requtrements below It ts highly recommended
that btdders confer wtth thetr respective insurance carriers or brokers to determtne tn advance
of Btd submtsston the avatlabdtty of tnsurance certtficates and endorsements as prescribed
and provtded herem If an apparent low bidder fads to comply strtctly wtth the insurance
requirements, that btdder may be disqualtfied from award of the contract. Upon btd award, all
insurance reqmrements shall become contractual obhgattons, which the successful btdder
shall have a duty to mamtatn throughout the course of thts contract
STANDARD PROVISIONS:
Wtthout hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor shall
provtde and ma~ntatn unttl the contracted work has been completed and accepted by the City of
Denton, Owner, the mtntmum insurance coverage as tnchcated heretnafter
As soon as practicable after nottficatton of btd award, Contractor shall file wtth the Purchasing
Department sattsfactory certtficates of tnsurance, contammg the btd number and tttie of the
project Contractor may, upon wrttten request to the Purchastng Department, ask for
clartficatton of any tnsurance requtrements at any ttme, however Contractors are strongly
advtsed to make such requests prtor to btd opening, stnce the insurance requtrements may not be
modified or watved after btd opemng unless a wrttten exceptton has been submitted wtth the btd
Contractor shall not commence any work or dehver any matertal untd he or she recetves
nottficatton that the contract has been accepted, approved, and signed by the City of Denton
All msurance pohctes proposed or obtained tn sattsfactton of these reqmrements shall comply
wtth the followtng general spectficat~ons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be ~ssued by a company authorized to do bus~ness 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 ehmmate such deductibles or
selfqnsured retentions w~th respect to the C~ty, ~ts officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related mvestlgat~ons, clmm admlmstratlon and defense expenses
· Llablhty pohcles shall be endorsed to provide the following
· o Name as addmonal insured the C~ty of Denton, 1ts Officials, Agents,
Employees and volunteers
** That such ~nsurance ~s primary to any other insurance avalable to the
additional insured with respect to clams covered under the pohcy and that th~s
msurance apphes separately to each insured aganst whom clam is made or
suit is brought The inclusion of more than one insured shall not operate to
increase the insurer's hmlt of habd~ty
All pohcles 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 ADVANCE WRITTEN NOTICE IS REQUIRED';
· Should any of the required msurance be provided under a clams~made form,
Contractor shall mantmn 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 dunng the contract term whmh g~ve rise to
clams made after expiration of the contract shall be covered
· Should any of the reqmred ~nsurance be provtded under a fom~ of coverage that
mcludes a general annual aggregate limit provtdmg for clams investigation or legal
defense costs to be mcluded in the general annual aggregate hm~t, the Contractor
shall either double the occurrence limits or obtan Owners and Contractors Protective
L~abfllty Insurance
· Should any required ~nsurance lapse dunng the contract term, requests for payments
ong~natmg after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by th~s contract, effective as of the lapse
date If ~nsurance ~s not reinstated, City may, at its sole optton, terminate this
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All tnsurance pohc~es proposed or obtained m sattsfactton of thts Contract shall addtttonally
comply wtth the followtng marked spectficattons, and shall be matntatned tn comphance w~th
these add~ttonal spectficattons throughout the duration of the Contract, or longer, ~f so noted
[X] A General L~abflity Insurance
General Llab~hty insurance with combined single limits of not less than $1
shall be provided and mmntmned by the Contractor The policy shall be written on
an occurrence bas~s e~ther ~n a smgle pohcy or in a combination of underlying and
umbrella or excess pohmes
If the Commercml General Lmblhty form (ISO Form CG 0001 current edition) is
used
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual habday covenng this
contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ts not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) Is used, ~t 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) covenng this
contract, personal injury llablhty and broad form property damage hablhty
[X] Automobile Llablhty Insurance
Contractor shall provide Commercial Automobile Liability ~nsurance with Combined
Single Limits (CSL) of not less than 5g! :o00;000 either tn a single pohcy or in a
combination of basic and umbrella or excess pohcles The policy w~ll include bodily
injury and property damage llablhty arising out of the operation, maintenance and use of
all automobiles and mobile eqmpment used in conjunction with this contract
Satisfaction of the above requirement shall be tn the form of a policy endorsement for
· any auto, or
all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation Insurance whmh, in
addition to meeting the mlmmum statutory requirements for tssuance of such Insurance,
has Employer's Llabdlty limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupattonal d~sease 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 bmldlng or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
Owner's and Contractor's Protective Liablhty Insurance
The Contractor shall obtmn, pay for and malntmn at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Llablhty insurance
policy naming the City as insured for property damage and bodily ~njury which may arise
m 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 boddy ~njury and property damage per occurrence with a
aggregate
F~re Damage Legal Liability Insurance
Coverage ~s required if Broad form General Liability ~s not provided or is unavmlable to
the contractor or ff a contractor leases or rents a portion of a City budding Limits of not
less than each occurrence are required
[ ] Professional Liablhty Insurance
Professional liability insurance w~th hm~ts not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement
[ ] Builders' Pdsk Insurance
Bmlders' R~sk Insurance, on an All-Rusk 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 mterests may appear
[ ] Additional Insurance
Other insurance may be reqmred on an individual basis for extra hazardous contracts and
speeffie serwce agreements If such additional insurance is required for a specific
contract, that requirement w~ll be described ~n the "Specific Conditions" of the contract
specfficat~ons
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Defimtlons
Certffieate of coverage ("eertfficate")-A copy of a certificate of insurance, a
eertffieate 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' compensaUon insurance coverage for the person's or entlty's employees
providing servaees 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 contractors/person's work on the project has been completed and
accepted by the governmental entity
Persons providing serwees 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 earners, owner-operators, employees of any such entity, or employees of any
entity which furnishes persons to provide servmes on the project "Services" include,
without limitation, providing, hauhng, or dehvenng 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 prowde coverage, based on proper reporting of classification
codes and payroll amounts and fihng of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor providing services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends
dunng 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
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends dunng the duration of the project
F The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity In writing by certffied maal or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project
H The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage
I The contractor shall contractually require each person with whom it contracts to
provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
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
certfficate of coverage showing that coverage is being provided for all
employees of the person promding 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 dunng the duration of the project,
(4) obtain fi.om each other person with whom it con,'acts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person begxnmng 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 dunng the duration of the project,
(5) retmn all reqmred certfficates of coverage on file for the duration of the project
and for one year thereafter,
(6) notify the governmental entity m wntlng by certified mall or personal dchvery,
within 10 days after the person knew or should have known, of any change that
materially affects the prowsion of coverage of any person providing services
on the project, and
(7) contractually reqmre each person w~th whom it contracts, to perform as
reqmred by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing servmes
J By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the govemmental 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 anaounts, and that all
coverage agreements will be filed with the appropriate ~nsurance career or, in the
case of a self-insured, with the commlss~on's Dlwslon of Self-Insurance Regulation
Providing false or m~sleadmg reformation may subject the contractor to
admlmstratlve penaltms, criminal penalties, civil penalties, or other civil actions
K The contractor's fmlure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract vmd if the contractor does not remedy the breach within ten days after
receipt ofnotme of breach from the governmental entity
Bid 2482- Westwood Area Waterline - CONTRACT & INS 6-00
BID SUMMARY
TOTAL BID PRICE IN WORDS ~-'~ ~ ~ ~
In the event of the award of a contract to the undersigned, the undersigned will furmsh a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work until
f'mal completion and acceptance, and to guarantee payment for all lawful clanns for labor
performed and materials furnished in the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
finished in accordance with the plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are subnutted as correct and final
Unit and lump sum prices as shown for each Item listed in this proposal, shall control over
extensions
CONTP, A42T~R~ D i //
Denton. Tx ?6202
City and State
Seal & Authorization
(Ifa Corporation)
Telephone
B-1
Westwood Waterhne Work Days 45
B~d No
BID TABULATION SHEET P O No
21 ContractorsWarrantlesandUnderstand]ngs ILS I$ 'ZeS LSI$ 0o
128 Ductile Iron Fittings [ 105 [ LBlS
Umt Price In Words ,/,~-o....o~~ ~
Umt Price h Words ~ ~ ~
216 Water S~loe (Pubhc) I 6a EA
Unit Price In Words ~ ~~
Umt Price In Words ~ ~ ~
Umt Price In Words ~ ~ ~~
9 sod ~ 136 SY $ ~,OO/SY $
Umt Price In Words ~ ~ ~
312 Tempor~ Erosion Control ] LS $
Umt Pnce In Words ~ ~~c~
1 Bamcades, Warning S~gns and Detours ] LS $
Umt PncelnWords ~ ~ ~
3A 4" Concrete Sidewalk ~ 2 SY $ ~,~/SYI $
P3
Westwood Waterhne Work Days 45
Bid No
BID TABULATION SHEET P O No
Item Description Quantity Omt Price Total
SP-2 ,Concrete Saw Cut 8 $ 5'.oo/LF $ t40.OO
Umt Price In Words ,.~e~ ~ ~
Rock Excavation 50 $
Um~Pr, c~ In Words ~ ~ ~
Umt Price In Words ~ ~
S~gns 2 $ 5~,oe/EA $ l t~Oo. aa
Umt Price In Words ~-ff~,,.e~ '~ · ~L
SP-40 Cut and Plug Emstmg Water hne 6 $ qOO. oo/EA ~t~o. oo
Umt Price In Words ~.~J ~~ ~_,
Umte P.ceIn Words ~ ~ 4q-t~
SP-43 Asphalt Saw Cut 621;" aLF $ t .O°/LF $
Umt Pnce In Words ~ ~ ~
;P-44 Remove F~re Hydrant 4 $
Umt Price In Words -~g.o.e~ ~
SP-45 MtscellaneousSpnnklerSystemAdjustment [ LS 15
Umt Price In Words ~ ~~
TOTAL 17~ ~ot OO
P4