2000-443ORDINANCE NO ~/~t~- (/6{,~
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE
TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE PUBLIC
COMPANY, PROVDING FOR THE INCREASE IN THE SCOPE OF WORK,
CONTRACT TERM AND AN INCREASE IN THE PAYMENT AMOUNT,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (ORDINANCE 2000-054), BD 2455
LAKEVIEW BOULEVARD AWARDED TO JAGOE PUBLIC COMPANY IN THE
AMOUNT OF $798,106 PLUS CHANGE ORDER ONE IN THE NOT TO EXCEED
AMOUNT OF $195,350 00 FOR ROAD CONSTRUCTION FOR A PORTION OF
WINDSOR DRIVE FOR A TOTAL REVISED CONTRACT AMOUNT OF
$993,456 00)
WHEREAS, on February 15, 2000 (Ordinance 2000-054), the City awarded a
public works contract to Jagoe Public Company, m the amount of $798,106 00 for
Lakevlew Boulevard, and
WHEREAS, the City Manager having recommended to the Council that a change
order be authorized to amend such contract agreement with respects to the scope of work,
materials, labor and an increase in the payment amount, and smd change order being in
comphance with the requirements of Chapter 252 of the Local Government Code, Now,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the change order ~ncreaslng the amount of the pubhc works
contract between the City and Jagoe Public Company copy of which is on file in the
office of the Purchasing Agent, in the mount of One Hundred Ninety Five Thousand
Three Hundred F~fty and no/100 Dollars (195,350 00), is hereby approved and the
expenditure of funds therefor ~s hereby authorized The master contract amount ~s
amended to read $993,456 00
SECTION II
passage and approval
That th~s ordinance shall become effective immediately upon ~ts
PASSED AND APPROVED this the /t~¢ day of~/~/~_ 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
/tt-- !
APPROVED AS TO
LEGAL.~ORM
HERB~~Y ATTORNEY
By /--~/ ' ;~ /
CHANOE ORDER t~(B~0/2455 Lakcwew Blvd ORDINANCE-2000
901-B TEXAS STREET
P 0 NUMBER
11508
VENDOR
dAGOE PUBLIC COMPANY
VENDOR PICK UP
P 0 BOX 250
DENTON TX 76202
C I~'~)~'"1~ L~NT O N, TEXAS
PURCHASE ORDER
DENTON, TX 76201
DATE/VENDOR NO
11-29-00
dAG49000
DOCUMENT
S24
SHIP TO
CENTRAL RECEIVING
STREETS
901 B TEXAS ST
DENTON TX 76201
S24
TYPE
*** NOTE THIS PURCHASE ORDER SUPERSEDES P 0 # 11508 ***
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRI~ION DID NO LINE AMOUNT
01 100 020 0031 8303 0,00 195,350 O0
PROdECT WINDSOR FROM
HINKLE TO PARKSIDE
CHANGE ORDER ONE
The C;ty of Denton, Texas ~s tax exempt-House Bdl No 20
TOTAL FOR P 0 195,350 O(
Reference PO Number on all B/L, Shipments and Invmces
Shipments are FOB C~t¥ of Benton, or as mdmated By
Purchamng D~wsmn
RR Number Items Received Date Voucher Number Amount
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
A D, 2000, by and between Clt~ of Denton
and State of Texas, acting through Michael W Jez
hereinafter termed "OWNER," and
Jagoe Pubhc Company
15 day of February
of the County of Denton
thereunto duly authorized so to do,
3020 Ft Worth Dr
Denton, TX 76205
of the City of Denton , County of Denton and
State of Texas , hereinafter termed "CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
Bid 2455 l_ Lakevlew Blvd
m the amount of $798,106 and all extra work m 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, supermtendenee,
labor, msurance, and other accessories and services necessary to complete the work specified
above, m accordance with the condmons and prices stated m the Proposal and the Performance
and Payment Bonds, attached hereto, and tn accordance with all the General Condmons of the
Agreement, the Special CondlUons, the Not,ce to Bidders (Advertisement for Bids), and
Instructions to B~dders, as referenced hereto and on file m the office of the Purchasing Agent,
and in accordance with the plans, which includes all maps, plats, blueprints, and other
drawings ,and prmted or written explanatory matter thereof,
CA - 1
and the Specfficatlons therefore, as prepared by
Denton Engmeerm[[ and TransportaUon Department
all of whmh are referenced hereto and made a part hereof and collectively evidence and
consUntte the entire contract
Independent Status
It is 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 C~ty of Denton, Texas, for the purposes of income tax, withholding, somal
security taxes, vacation or s~ck leave benefits, worker's compensataon, or any other City
employee benefit C~ty shall not have supervision and control of Contractor or any employee
of Contractor, and it ~s expressly understood that Contractor shall perform the serwces
hereunder accordmg to the attached specfficattons at the general d~rectlon of the C~ty Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to ~ndemmfy and hold harmless the City of
Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of ~njury
to property or third persons occasioned by any error, onuss~on or negligent act of Contractor,
its officers, agents, employees, mwtees, and other persons for whom it is legally hable, w~th
regard to the performance of th~s Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims 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
construction and enforcement shall he an 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 wrnten not,ce to commence work and complete all work
Wlthan the tune stated m the Proposal, subJeCt to such extensions of tune as are provaded by the
General and Special Cond~tmns
The OWNER agrees to pay the CONTRACTOR m 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 Condmons of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreement
m the year and day first above written
'EST
ATTEST
OWNER x /
(SEAL)
CONTRACTOR
APPROVED AS TO FORM
CITY ATTORNEY " /
/
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
TITLE
(SEAL)
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS
address as 3020 Ft Worth Drive Denton, TX 76205
That Ja[~oe Pubhc Company whose
hereanafter called Pnnclpal, and ~SS~L~T~JN~4NITY C~ ,
a corporation orgamzed and exlstang under the laws of the State of Texas ,
and fully authorized to transact bnsmess m the State of Texas, as Surety, are held and firmly
bound unto the City of Denton, a mumcapal corporation orgamzed and ex~stmg under the laws
of the State of Texas, heremafter called Owner, m the penal sum of Seven Hundred Nmty
Eight Thousand One Hundred Slx and no/100 DOLLARS ($ 798,106 ) plus ten percent of the
stated penal sum as an additional sum of money representing addatlonal court expenses,
attorneys' fees, and hqmdated damages arising out of or connected wath the below adentafied
Contract, m lawful money of the Umted States, to be pa~d in Denton County, Texas, for the
payment of which sum well and truly to be made, we hereby band ourselves, our he~rs,
executors, admunstrators, successors, and assagus, jointly and severally, firmly by these
presents This Bond shall automatacally be increased by the amount of any Change Order or
Supplemental Agreement whach increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement whach reduces the Contract price decrease the penal sum of
thlS Bond
THE OBLIGATION TO PAY SAME as conditioned as follows Whereas, the
Principal entered into a certain Contract, ldentafied by Ordinance Number 2000-054, w~th the
Caty of Denton, the Owner, dated the 15 day of February A D 2000, a copy of
which as hereto attached and made a part hereof, for Bad # 2455 - Lakevaew Blvd
NOW, THEREFORE, af the Prmcapal shall well, truly and faathfully perform and fulfill
all of the undertalangs, covenants, terms, conditions and agreements of saad Contract m
accordance wath the Plans, SpeclficaUons and Contract Documents during the original term
thereof and any extension thereof whach may be granted by the Owner, with or wathout notace
to the Surety, and during the hfe of any guaranty or warranty reqmred under thas Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, condmons
and agreements of any and all duly anthor~zed modaficatlons of saad Contract that may
hereafter be made, notace of which modafications to the Surety being hereby waived, and, af the
Pnncapal shall repair and/or replace all defects due to faulty materials and workmanshap that
appear wathm a period of one (1) year from the date of final completaon and final acceptance of
the Work by the Owner, and, af the Pnnclpal shall fully lndemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herean and shall fully reunburse and repay Owner all outlay and expense whach the Owner may
incur m malang good any default or deficiency, then thas obhgatlon shall be voad, otherwase, n
shall remain m full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon th;s Bond, exclusive
venue shall he 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 tune, alteration or addltmn to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficatmns,
Drawings, ete, accompanying the same, shall m anywise affect its obhgatmn on this Bond,
and it does hereby wmve notice of any such change, extension of tune, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawmgs, etc
This Bond is given pursuant to the provtslons 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 here~n as the
ResMent Agent m Denton County to whom any requisite notices may be dehvered and on
whom serwce of process may be had m matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed m 4 cop~es, each one of
which shall be deemed an original, this the 15 day of February , 2000
ATTEST PRINCIPAL
BY
Vtc~ PRESIDENT
ATTEST
SURETY
ASSOCIATED IND~MNII~ CO~L=OI~IION
flhRNEY-IN-FplCT
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
(NOTE Date of Performance Bond must be date of Contract
corporatton, give a person's name )
PB - 2
If Resident Agent ts not a
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS
address as 3020 Ft Worth Drive, Denton, TX 76205
hereinafter called Principal, and
That
Ja~oe Pubhc Company , whose
AS$OCU~ED INDEMNITY C~ORA110~
a corporation orgamzed and ex]sting under the laws of the State of Texas , and fully
anthonzed to transact business m the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mummpal corporation orgamzed and exxstmg under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furmsh materials for, or perform labor upon, the braiding or unprovements hereinafter referred
to, m the penal sum of Seven Hundred Nmty Eq~ht Thousand One Hundred Slx and
no/100 DOLLARS ($ 798,106 ) m lawful money of the Umted States, to be paid m Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby brad
ourselves, our hexrs, executors, adrmmstrators, 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 tins Bond
THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the
Principal entered into a certam Contract, ~dentffied by Ordinance Number 2000-054, with the
C~ty of Denton, the Owner, dated the 15 day of February A D 2000, a copy of
which is hereto attached and made a part hereof, for Bid 2455 - Lakewew Blvd
NOW, THEREFORE, ff the Prmmpal shall well, truly and fmthfully perform ~ts duties
and make prompt payment to all persons, f'mm, subcontractors, corporations and clatmants
supplying labor and/or material m the prosecntxon of the Work prowded for m said Contract
and any and all duly authorized modfficaUons of said Contract that may hereafter be made,
not]ce of which mod:ficat~ons to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain m full force and effect
PROVIDED FURTHER, that ff any legal act]on be filed on this Bond, exclusive venue
shall he tn Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stxpulates and agrees that no change, extans~on of tune, alteration or addmon 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 m anywise affect ~ts obhgatmn on th~s Bond,
and it does hereby waive notice of any such change, extension of tune, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficaUons, Drawings, ere
PB - 3
Tins Bond ~s given pursuant to the prowslons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and designated agent is hereby designated by the Surety hereto as the
Resident Agent ,n Denton County to whom any reqms~te notices may be delivered and on
whom serwee of process may be had m matters arising out of such suretyship, as prowded by
Article 7 19-1 of the Insurance Code, Veruon's Annotated Clv,1 Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument is executed ,n 4 cop~es, each one of
which shall be deemed an original, ttus the 15 day of February, 2000
ATTEST PRINCIPAL
ATTEST SURETY
BY
ATTORNEY-IN-FACT
The Resident Agent of the Surety ~n Denton County, Texas for dehvery of not~ce and serwce
of the process is
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporation, give 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 PRES,F~TS That FIREMAN S FUND INSURANCE COMPANY a Cahfomm corporation NATIONAL SURETY CORPORATION
an ffimots corporation THE AMERICAN INSURANCE COMPANY, a New Jersey corporatmn redomesllcated in Nebraska ASSOCIATED INDEMNITY
CORPORATION a Cahforala corporation and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri corporatmn (herein collectively called the
Compames ) does each hereby appomt ROSEMARY WEAVER AND JOHN R STOCKTON OF DALLAS TX
their ~rue and lawful Attomey(O in Fact with full power of authority hereby confen'ed in Ihe~r name place and stead to execute seal acknowledge and dehver any and all
alte~ted by the Compame~ Secretary hereby ratdymg and confirming all that the smd Attorney(~) m Fact mas do m the premtses
Th~s pov, er of altomey i~ granted under and by the authonry of Amcle VII of the By law~ of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY
CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED iNDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY whtch provlslon'~ are now m furl force and eBect
Th~a power of atlomey m $~gned and sealed under the authority of the fogowmg Resolution adopted by the Board of D~rectors ol FIREMAN S FUND INSURANCE
COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held or by written consent on the igth day of March [995 and smd Resoluuon has not been
amended or repealed
RESOLVED that the mgnatum of any V~ce Premdent Asststant Secrelary and Resident Assmlant Secretly of the Compames and the seal ut the
STATE OF CALIFORNIA
COUNTY OF MARIN
FIREMAN S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
THE AMERICAN INSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
On th,s 17 day Of December 19 ~)~ , before me personally came M A Mallonee to me known who being by m~
du y sworn d d depose and say ~Presldent of each company described in and which execuled the above instrument that he knows the seals of the sat
Compames that the seals affixed to the said Instrument are such company sea s that they were so affixed by order of he Board of Directors of sa d companies and that he
stgned h~s name thereto by hke order
IN WITNESS WHEREOF, I have ~er~unto set my hand and affixed my official seal, the day and ye= heretn first above written
· ~ Matin County ~ / '" !
J -- J C.ERTIFICAT~
STATE OF CALIFORNIA
J
COUNTY OF MARIN
I the undersigned Remdem Asmsmnt Secretory of each company, DO HEREBY C£RTIFY that the ~oregolng and attached pOWER OF A'CTORNEY remains m full force
and has no~ been ,'evoked and funhennore that Amc]e VII of the By laws of each company and the Resolulmn of thc.Board of D~rectors set forth m the Power of Attorney
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts thrected to the tnsurance requtrements below It ts htghly recommended
that bidders confer with thetr respective insurance carriers or brokers to determtne tn advance
of Btd submission the avatlabtllty of msurance certtficates and endorsements as prescribed
and provided hereto. If an apparent low btdder fads to comply strtctly wtth the insurance
requtrements, that bidder may be dtsquahfied from award of the contract. Upon bid award, all
tnsurance requirements shall become contractual obhgattons, whtch the successful btdder
shall have a dutg to maintam throughout the course of thts contract.
STANDARD PROVISIONS:
}Vtthout hmttlng any of the other obhgattons or habdtttes of the Contractor, the Contractor shall
prowde and matntatn unttl the contracted work has been completed and accepted by the Ctty of
Denton, Owner, the mtmmum insurance coverage as tnchcated heretnafter
As soon as practtcable after nottficatton of bid award, Contractor shall file wlth the Purchastng
Department sattsfactory certificates of insurance, contamtng the btd number and tttle of the
project Contractor may, upon wrttten request to the PurchastngDepartment, ask for
clartficatton of any tnsurance requtrements at any trine, however, Contractors are strongly
advtsed to make such requests prtor to btd opening, since the tnsurance requirements may not be
mo&fled or watved after bid opentng unless a written exceptton has been submttted with the btd
Contractor shall not commence any work or dehver any matertal until he or she recetves
nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton.
All insurance pohctes proposed or obtatned tn sattsfactton of these reqmrements shall comply
with the followtng general spectficattons, and shah be mamtamed 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 m 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 b~d proposal If
requested by the City, the ~nsurer shall reduce or ehmmate such deductibles or
self-insured retentions with respect to the C~ty, ~ts officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related investigations, clatm admlmstratlon and defense expenses
Llablhty policies shall be endorsed to prowde the following
· . Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
That such insurance ~s primary to any other insurance available to the
additional insured with respect to clmms covered under the pohcy and that tins
~nsurance applies separately to each insured against whom claam is made or
stat Is brought The mclnsion of more than one insured shall not operate to
increase the insurer's lumt of liability
· AIl pohcles shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT $0 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 reqtared insurance be provided under a clmms-made form,
Contractor shall maantmn such coverage continuously throughout the term of flus
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising dunng the contract term whrch give nsc to
clan-ns made at, er expiration of the contract shall be covered
Should any of the reqtared insurance be provided under a form of coverage that
tacludes a general annual aggregate hnut providing for clmms lnvest~gation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtmn Owners and Contractors Protective
Lmblhty Insurance
Should any required insurance lapse dunng the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as reqmred by this contract, effective as of the lapse
date If insurance is not reinstated, City may, at ~ts sole option, terminate flus
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance pohctes proposed or obtained tn satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be mamtamed in comphance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
[X] A General Liability Insurance:
General Liability insurance w~th combined single limits of not less than $1~000~000
shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess pohcles
If the Commercial General Llabthty form (ISO Form CG 0001 current edition)
used
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual hablhty covenng this
contract and broad form property damage coverage
· Coverage B shall mclude personal injury
· Coverage C, medical payments, is not reqmred
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
Bochly 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 hablhty (preferably by endorsement) covenng tins
contract, personal injury liability and broad form property damage llabihty
[X] Automobile Liability Insurance.
Contractor shall provide Commercial Automobile Liability insurance with Combmed
Single LlnUts (CSL) of not less than $1~000~000 either in a single policy or in a
combination of basra and umbrella or excess pohcies The policy will include bo(hly
injury and property damage hablhty ansmg out of the operation, maintenance and use of
all automobiles and mobile equipment used m conjunction with tins contract
Satisfaction of the above requirement shall be in the form of a pohcy endorsement for
· any auto, or
· all owned, lured and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
adchtion to meeting the nummum statutory requirements for issuance of such insurance,
has Employer's Llablhty limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 pohcy limit for occupational disease The City need not be
named as an "Additional Insured" but the insurer shall agree to wmve all nghts of
subrogation agmnst 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
Compensatmn Commission (TWCC)
[]
[]
Owner's and Contractor's Protective Liabthty Insurance
The Contractor shall obtaan, pay for and maintain at all times dunng the prosecutaon of
the work under tins contract, an Owner's and Contractor's Protectave Lmbflaty insurance
pohey naming the Caty as insured for property damage and bodily injury whach may arise
in the prosecution of the work or Contractor's operations under flus contract Coverage
shall be on an "occurrence" basis, and the pohcy shall be assued by the same insurance
company that earnes the Contractor's habahty insurance Pohcy hmats wall be at least
combined bodily injury and property damage per occurrence w~th a
aggregate
Fire Damage Legal Lmblhty Insurance
Coverage ns reqmred af Broad form General Liability is not prowded or ~s unavmlable to
the contractor or ifa contractor leases or rents a portxon ora Caty building Lamts of not
less than each occurrence are reqmred
[]
Professional Lmbihty Insurance
Professmnal habthty insurance wath hmtts not less than per claim w~th
respect to neghgent acts, errors or om~ssmns an connectaon wath professional servaees is
reqmred under flus Agreement
[]
Builders' Risk Insurance
Builders' R~sk Insurance, on an All-gask form for 100% of the completed value shall be
prowded Such pohcy shall include as "Named Insured" the Caty of Denton and all
subcontractors as thear anterests may appear
[]
Additional Insurance
Other insurance may be mqmred on an individual bas~s for extra hazardous contracts and
specific service agreements If such addmonal insurance is reqmred for a specific
contract, that reqmrement vall be descnbed m the "Specafic Condat~ons" of the contract
specaficataons
ATTACHMENT 1
Worker*s Compensation Coverage for Building or Construction Projects for
Governmental Ent~tles
A Defimtlons
Certificate of coverage ("certfficate")-A copy of a certificate of msurance, a
certfficate of authority to self-msure ~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 - mcludes the t~me from the beg~nmng of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity
Persons providing services on the project ("subcontractor" m §406 096) - Includes all
persons or entlt~es perfonmng 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 Th~s Includes,
without lunltatlon, mdependent contractors, subcontractors, leasmg companies,
motor careers, owner-operators, employees of any such entity, or employees of any
entaty whmh furmshes persons to provide servmes on the project "Services" ~nclude,
without limitation, promdmg, hauhng, or dehvenng equipment or materials, or
providing labor, transportation, or other service related to a project "Serrates" does
not include actavmes unrelated to the project, such as food/beverage vendors, office
supply dehvenes, and delivery of portable toilets
B
The contractor shall provide coverage, based on proper reporting of classfficatlon
codes and payroll mounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees
of the Contractor provldmg services on the project, for the duration of the project
C The Contractor must prowde a certfficate of coverage to the governmental entity
prior to being awarded the contract
D
If the coverage penod shown on the contractor's current certffieate 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 wah the governmental entity
showing that coverage has been extended
E The contractor shall obtaan fi:om each person prow&ng servmes on a project, and
provide to the governmental entity
(1)
a certificate of coverage, prior to that person begmmng work on the project, so
the governmental entaty will have on file certificates of coverage showing
coverage for all persons pmwdtng services on the project, and
(2)
no later than seven days after receipt by the contractor, a new certfficate of
coverage showing extension of coverage, ff the coverage period shown on the
current certfficate of coverage ends dunng the duration of the project
F The contractor shall retmn all required cemficates of coverage for the duration of the
project and for one year thereafter
G
The contractor shall notify the governmental entity ~n writing by certafied mml or
personal dehvery, w~thm 10 days after the contractor knew or should have known, of
any change that materially affects the prows~on of coverage of any person prowdmg
services on the project
H
The contractor shall post on each project site a not,ce, ~n the text, form and manner
prescribed by the Texas Workers' Compensation Commtss~on, reforming all persons
prowdmg serrates on the project that they are reqmred to be covered, and stating
how a person may venfy coverage and report lack of coverage
The contractor shall contractually reqmre each person w~th whom ~t contracts to
prowde services on a project, to
(1)
prowde coverage, based on proper reporting of clasmficatlon codes and payroll
amounts and filing of any coverage agreements, whmh meets the statutory
reqmrements of Texas Labor Code, Sectmn 401 011(44) :for all of ats
employees providing servmes on the project, for the duration of the project,
(2)
prowde to the contractor, prior to that person beg]truing work on the project, a
cemficate of coverage showing that coverage ~s being prowded for all
employees of the person prowdmg 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) obtmn from each other person with whom it contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person begmmng 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 duratxon of the project,
(5) retain all reqmred certificates of coverage on file for the duration of the project
and for one year thereafter,
(6)
notify the governmental entity in writing by certified mml 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 pmv~rhng 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 as representmg to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classfficatlon codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self-msured, with the commission's Division of Self-Insurance Regulation
Provlrhng false or misleading information may subject the contractor to
admtmstratlve penalties, cnmmal penalties, mwl 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 atler
receipt of notice of breach from the governmental entity
Bid 2455- Lakevlew Blvd -CONTRACT & INS 2-00
BID SUMMARY
TOTAL BID PRICE IN WORDS
In the event of the award of a contra~t to the undersigned, the undersigned will furmsh a
performance bond and a payment bond for the full amount of the contract, to secure proper
comphance with the terms and prowsions of the contract, to insure and guarantee the work unUl
final completion and acceptance, and to guarantee payment for all lawful ¢launs for labor
performed and materials furmshed m the fulfillment of the contract
It ~s understood that the work proposed to be done shall be accepted, when fully completed and
fimshed m accordance with the plans and specifications, to the satisfacUon of the Engineer
The undersigned certtfies that the bid prices continued m flus proposal have been carefully
checked and are submitted as correct and final
Umt and lump sum prices as shown for each item l~sted m tins proposal, shall control over
extensions
Street Address
City and State
Seal & Authorv. atlon
(If a Corporation)
Telephone
B-1
Lakewew Boulevard
Pawng and Drainage
WORKDAYS 90
BID NO aqSS'
PO NO
BID TABULATION SHEET
1 21 Contractors Warranties and LS $ i- ~ ooo,~4LS $ ~; ooo o oo
Un&rstandmgs
UlntPnceln Words 5¥/,~ 4L,,,,.s., ,t d~//o.r~
2 12 3-A [ 18' Class III storm ;ewer 527 I~
UlntPncelnWords 4'l,.,..% rto,,, t ~ollo..,-~ ~.,~ z ~,- ,~ cema
2 12 3-B 24" Class m storm sewer 2,5 ILF
UmtPncelnWords aCo t-.e~ d ,:lt~: ~. ,,.a.
2 12 3-C I 30" Class m storm sewer 185
UmtPncelnWords -/:or.Q/ 4~;ve a o//ur~ tx, ti
2 12 3-D I a6- Class m stormsewer 20o I LF I$w,.o~lLFl$ltOoooo
UmtPricelnWords .~r.,c.e.¥ ~p;,,~ a 'o/l~r 5 a,~ z~-o Ce~r~
2 12 3-E 48" Class I11 storm sewer 20 I LF
UlntPricelnWords e. ig/..cg da/Ito a o.,.g r. oa
3 0-A RelnovalandDlsposmgof 6126 SY $ .,~ 50 /SY $/~31~
Pavelnent
Unit Price In Words 4-c,) o d.e//~.~, o~,.~ ¢, ~¥
3 0-B Relnove Concrete Drives & 745 SY $ g. aa /SY $
Walks 5' q to ~.t:> o
UmtPncemWords ~3/,4' d~/,~,' a.,'~ze,-~
3 0-C Remove Relnforced Concrete 595 LF $ la ~o/LF $
Pipe
UlntPrmemWords '~"-- do/)o.z~ a,,~/ z.,~z~.
~ I Prepam°n°fm~ht°fWay I ES I$
Umt Price m Words
Umt Price tn Words ",Co~r' doRq.,'~ ~..--d '~e~-o c...e..~
P-3
Lakevlew Boulevard
pawng and Drmnage
WORKDAYS 90
BID NO g ct csg
PO NO
BID TABULATION SHEET
39
3107
3 12
4 6,7
57-A
57-B
Unit Price m Words
I
76-A-3
UmtPrlcemWords ~,'v- dolla~-~ av
I Hydromulch
Unit
Price m Words
Temporary Erosion Control
Unit Price m Words
6' Conerete/Lune Treatment
of Subgrade
Umt Price m Words ~cOo d~,{Inr$
6" Asphalt Pavement (Type A)
Umt Price m Words
58
6 7,2-A AdJust Samtary Sewer 4
Manholes
Umt Price m Words 4-kre~ ~.u~dt'ee &/o//ar5
5' Curb Inlet
2" Asphalt Pavement (Type D)
UmtPr~cemWords q/&,,4¥ q-~Oo ~o//t,._,~ tx.,~ve-~v
I C°ncrete Pavement 9,864
Un~tPrmemWords 4x.oe~-~/ ~x/~ do/lo, rs a-.,-d
Unit Prtce m Words ~k4'eer,---
10' Recessed Curb Inlet
Unit Price in Words 4.t~_)Oacff ~o ~ /
14' Recessed Curb Inlet
Umt Price m Words
EA $300
/EA $
oo /.~OO, O o
1 lEA I$lgoo. o~EA [$/~oo,oo
I EA j$,mCr'5~ oYEA 1,5,oo
2
76-A-4
76-A-5
P-4
Lakevlew Boulevard
Paving and Drainage
BID TABULATION SHEET
WORKDAYS 90
mD NO
PO NO
76-A-6
76-A-7
Y-Inlet
Umt Price m Words q-~o (~ q-A, ~,
I 4'X4' Junction Box
7 6-A-8
7 6-A-9
76-A-10
81
82
8 3-A
83-B
8 3-C
8 15
SP-2
Unit Price In Words 4-,4.~,~.~ ~,~ i
5' X 5' Junction Box
Unit Price m Words
Type "C' Headwall
Umt Price m Words 4~;~
Type "B' Headwall
Umt Price m Words
Barricades, Warning S~gns and
Detours
Unit Price In Words
Install Concrete Curb & Gutter
Umt Price tn Words
t Concrete Driveway
Unit Price in Words
Concrete Sidewalks and
Pedestrian Ramps
Unit
Price in Words
t Stamped/Colorexl Co~crete
Unit Price In Words
I Concrete Palp Rap
Unit Price in Words
I Concrete Saw Cut
Unit Price m Words
$
~ oo
665
/SY $
130 I SY I$ g'O 0o/SY l$/o9oo oo
$ fro oo/SY I $q7oo oo
94 I sY
150 ILF J$ '¢c,o /LF I$6oo, oo
P-5
Lakevtew Boulevard
Pawng and Drainage
BID TABULATION SHEET
WORKDAYS 90
BID NO ~ ~3'
PO NO
SP-15
SP-37
Adjust Valve
Umt Price m W~~ ~.o~,
I ExcavaUon ProtecUon
5 $~-go,°e'/EA
SP-39
SP-43
SP-55
SP-60
SP-61
UmvPnce m Words
I Project S~gns
Umt Price ~n Words
I Asphalt Saw Cut
Umt Price m Words
Pavement Markings
UmtPneemWords "~o,r~ ~-/~,~,
I Slgnage (Traffic Slgnage)
Umt Price m Words
Traffic Stgnal Conduit and Pull
Boxes
Umt Price ~n Words
Umt Price ~n Words
Unit Price ~n Words
Unit Price m Words
Unit Price m Words
3 I EA 1$~<3o,oo/EA I$/O%aOa
[LS I Sq0o~ooo/LS I$¢ooos o~
ILS [$goooo°/LS I
$~0o~ OO
LS $ ILS $
qooe, ~o ?Ooo o~
TOTAL
7 ?L/o/.,, oc,
P-6
CORD. CERTIFICATE OELIAB!LiTYINSURANCE
ER (940)382-9691
& K~ng Insurance
,outh 1-35E, Suite A
)n, TX 76205-7829
FAX (940)243-1050
Ext
DATE
2/23/00
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANY
A
COMPANY
3agoe Public Company, Inc B
P O Box 250 C
DRnton TX 7~202
COMPANIES AFFORDING COVERAGE
B1 tuml nous
Texas Work Comp Ins Fund
RAGES
IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO0
~ICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS
PTIFImATE MAY BE T$SUED DP MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIFS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
CLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CL* '= ~E × ocCuRcLP2302758
10/01/1999 10/01/2000
GENERA[. AGGREGATE
PRODUCTS COMPIOP AGG
PERSONA[. & ADV INJURY
~ACH OCCURRENCE
FIRE DAMAGE (Any one tile)
2,000,000
2,000,000
1,000,000
1,000,000
100,000
5,000
CAP2542947
10/01/1999 10/01/2000
COMBtNED SINGLE LIMrT
BODILY INJURY
$
1,000,000
$
$
$
CUP2524882
10/01/1999 10/01/2000
TSF0001082310
10/01/1999 10/01/2000
THER
EACH OCCURRENCE $ 1,000,000
1,000,000
EL EACH XCCIOENT $ 1,000,000
EL DISEASE POLICY LImff $ 1,000,000
ELDIS~SE EAEMRLOYEE $ 1,000,000
PTiONOFOPERATIONB~OCATIONE~EHICLE~SP~IALITEMS
Re Bid #2455 - Lakeview Blvd
Certifzcate holder is shown as additional insured
IF[CATE HOLDER
of Denton, Its officials, agents,
oyees and volunteers
Texas Street
on, Texas 76201
iD 2S-S
CANC~UktlON
Said policy shall not be cancelled, renewed,or
materially changed wzthout 30 days advance
written notice being given to the Owner, excepl
whe_B_.[he policy is Being cancelled for non-
.p~yme~t of premium, ip' which case 10 days
aavan~e written ~tl/~e zs required