1999-001 O O CENO
AN ORD!~I__AI~_CE ACCEPTING COMPETITWE BDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR AVENUE G DRAINAGE IMPROVEMENTS, PROVIDING FOR THE
EFFECTIVE DATE (BID #2293 - AVENUE G DRAINAGE AWARDED TO JAGOE PUBLIC
CONSTRUCTION CO IN THE AMOUNT OF $229,310)
WHEREAS, the City has solicited, received and tabulated competitive bads for the
construction ofpubhe works or improvements m accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bads for the construction of the public works or
improvements described In the bid invitation, bid proposals and plans and specifications therein,
NOW, TItEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file In the iOffice of the City's Purchasing Agent filed according to the bad number assigned hereto,
are hereb~ accepted and approved as being the lowest responsible bids
NUMBER AMOUNT
2~93 AVENUE G DRAINAGE $229,310
SI~CTION II That the acceptance and approval of the above competitive bids shall not
eonstitut~ a contract between the City and the person submitting the bid for construction of such
public wqrks or Improvements herein accepted and approved, until such person shall comply with
all requirements specified an the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
' n
S~CTION III That the City Manager is hereby anthonzed to execute all necessary wntte
contracts [or the performance of the construction of the public works or improvements in accordance
with the l~lds accepted and approved herein, provided that such contracts are made m accordance
with the I~lot~ee to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and spemficatlons, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized here~n, the C~ty Council
hereby authorizes the expenditure of funds m the manner and m the amount as specffied ~n such
approved bids and authorized contracts executed pursuant thereto
SECTION V That fins ordinance shall become effective Immediately upon ~ts passage and
approval
PASSED AND APPROVED this the 0r'''~'~ day of ~/q~t.{.A~.//L~ ,1999
JACK ~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2293 AVENUE G DRAINAGE CONTRACT ORDINANCE
ATTACHMENT #1
TABULATION SHEET
I
BID # 2293
Jagoe Mike Radlch DBR Dlckerson Earth
BID NAME AVENUE G DRAINAGE Public Albert Const Const Const Builders
Inc Inc
DATE 3-Nov-98
TOTAL BID AWARD $252,660 00 $333,976 00 $470,583 00 $3t0,989 80 $367,927 00 $327,890 00
BOND YES YES YES YES YES YES
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into tl~s 5 day of JANUARY A.D., 1999, by and
between CITY OF DENTON of the County of DENTON and State of Texas, acting through
MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
JAGOE PUBLIC CONSTRUCTION CO.
P.O. BOX 250
DENTON, TX 76202
of the C:ty of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m cons~deratlon 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 # 2293 - AVENUE G DRAFNAGE
~n the amount of $229,310 and all extra work m connection therewith, under the terms
as stated m the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furmsh all materials, supphes, machinery, eqmpment, tools, superintendence,
labor, insurance, and other accessories and serwces necessary to complete the work specified
above, m accordance wtth the conditions and prices stated m the Proposal attached hereto, and
~n accordance with all the General Cundltlons of the Agreement, the Special Condmons, the
Notice to Btdders (Advertisement for B~ds), Instructions to B~dders, and the Performance and
Payment Bonds, all attached hereto, and m
CA - I
accordance with the plans, which mcludes all maps, plats, blueprints, and other drawmgs and
printed or written explanatory matter thereof, ~d the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
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 C~ty of Denton, Texas, for the purposes of income tax, withholdmg, social
security taxes, vacation or sick leave benefits, worker's compensatmn, or any other City
employee benefit City 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 according to the attached specifications at the general dlrecUon of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or habflity of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contract6r,
its officers, agents, employees, mvltecs, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton agmnst any and all such clanns and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for zts
construction and enforcement shall lie m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth m written notice to commence work and complete all work
within the rune stated in the Proposal, subject to such extensions of rune as are provided by the
General ,and Special Conditions
Thc OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown nt the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed th~s agreement
m the year and day first above written
ATTEST
J'"i r ~ .... , ow?
(I (J
- 0t' (SEA~P
ATT.,4~ ~ JAGOE PUBLIC COMPANY
BOX 250
DENTON TEXAS 76202
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER_
APPROVED AS TO FO~ P~NTED NAME
CITY ATTO~EY~ /
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC
CONSTRUCTION CO., whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter
called Principal, and A~$OC~T£DII~INII'YCO~POP. ATION , a corporauon orgamzed and
existing under the laws of the State of TEXAS. anti fully authorized to transact bnsmess m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumc~pal
corporaUon orgamzed and ex~stmg under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of TWO HUNDRED TWENTY NINE THOUSAND THREE
HUNDRED TEN and no/100 DOLLARS ($229,310) plus ten percent of the stated penal sum
as an addmonal sum of money representing addmonal court expenses, attorneys' fees, and
lIqmdated damages arising out of or connected with the below ~dentlfied Contract, m lawful
money of the Umted States, to be prod m Denton County, Texas, for the payment of which
sum well and truly to be made, we hereby brad ourselves, our he,rs, executors, administrators,
successors, and assigns, jointly and severally, fu'mly by these presents This Bond shall
automaUcally 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 th~s Bond
THE OBLIGATION TO PAY SAME ~s condmoned as follows Whereas, the Pnnc~pal
entered into a certain Contract, ~dentified by Ordinance Number 99-001, with the C~ty of
Denton, the Owner, dated the S day of JANUARY A.D. 1999, a copy of which ~s hereto
attached and made a part hereof, for BID # 2293 - AVENUE G DRAINAGE.
NOW, THEREFORE, ~f the Pnnc~pal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, condmons and agreements of saal Contract in
accordance w~th the Plans, SpecificaUuns and Contract Documents during the original term
thereof and any extenslun thereof which may be granted by the Owner, with or without notice
to the Surety, and during the hfe of any guaranty or warranty required under th~s Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, cOndlUons
and agreements of any and all duly anthor~zed modificauons of sald Contract that may
hereafter be made, notice of which modifications to the Surety being hereby wmved, and, ~f the
Principal shall repatr and/or replace all defects due to faulty materials and workmanship that
appear w~thm 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 lndemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may
recur In making good any default or deficiency, then tl~s obl~gaUon shall be void, otherwxse, 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 in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of tune, 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 noUce 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, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agem m Denton County to whom any requisite notices may be delivered and on
whom service 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 C~vll Statutes of the State of Texas
IN WITNESS WHEREOF, this mstmmem is executed in 4 copies, each one of which
shall be deemed an original, this the 5 day of JANUARY 1999.
ATTEST PRINCIPAL
ATTEST SURETY
A$SOCI~IEI) INOEUNiTY CORPOIt~*I'iOH
t/ A~I'ORNEY-i'I~FACT
The Resident Agent of the Surety in Denton County, Te-~s for delivery of notice and service
of the process is
WILLIS CORROON. CORP
NAME ONE GALLI~RIA TOWER
STREET ADDRESS DALLAS, TliXAS 75240
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC
CONSTRUCTION CO., whose address IS P.O. BOX 250, DENTON, TX 76202, hereinafter
called Principal, and ASS~CtAT~O~NOmN~VCO~O~On , a corporation orgamzed and
ex~stmg under the laws of the State of TEXAS, and fully authorized to transact business m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal
corporauon orgamzed and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and eorporatmns who may furmsh materials for, or
perform labor upon, the building or unprovements hereinafter referred to, m the penal sum of
TWO HUNDRi~,I~ TWENTY NINE THOUSAND THREE HUNDRED TEN and no/100
DOLLARS ($229,310) in 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 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 m no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
fills Bond
THE OBLIGATION TO PAY SAME Is condltmned as follows Whereas, the Principal
entered mto a certain Contract, identified by Ordinance Number 99-001, w~th the City of
Denton, the Owner, dated the 5 day of JANUARY A.D. 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2293 - AVENUE G DRAINAGE.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, f'Lrms, subcontractors, corporations and clamiants
supplying labor and/or material ~n the prosecution of the Work provided for m 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 obhgatmn
shall be void, otherwise it shall remain m full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclnslve 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 tm~e, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficatmns,
Drawings, etc, accompanying the same, shall m anywise affect its obligation on this Bond,
and ~t 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,
Specifications, Drawings, etc
PB - 3
This Bond is g~ven 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 designated agent ~s hereby designated by the Surety hereto as the
ResMent Agent m Denton County to whom any reqms~te nouces may be dehvered and on
whom service of process may be had m matters anstng out of such suretyship, as prowded by
Article 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 copies, each one of wMch
shall be deemed an original, this the $ day of JANUARY 1999.
ATTEST PRINCIPAL
~ ~ e_~ PRESIDENT /
ATTEST SURETY
A$SOC~ATEO INDa4N~ COR~RAT~ .-.-. ~
[ ATIORNEY4N-~CT
The Resident Agent of ~e Sure~ tn Denton Count, Texas for dehvery of nouce ~d serwce
of the process ~s
WILLIS CORROON CO~
NAME ONE GALLERIA TOWER
13355 NOeL RD 8UITfi 4UO
ST~ET ADD.SS DALL~ TEX~ 75240
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, give a person's name )
2293 CONTRACT&BONDS
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 Cabfom~a corporauon NA~{IONAL SURETY CORPORATION
an ilhnm~ corporation THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomest~cated ~n Nebraska ASSOCIATED INDEMNITY
CORPORATION a Cabfo~la co¢oratmn and AMERICAN AUTOMOBILE INSURANCE COMPANY a Mlqsoun corporatmn (hereto collectively called
Companleq )doe~eachherebyappomt ROSEMARY WEAVER Al,ID JOttlq R. STOCKTON OF DALLAS TX
their true and lawful Attorney(s) tn Pact w~th full power of authority hereby conferred in thetr name place and stead lo execute seal acknowledge md debtor any and all
altested bv thc Compames Secretary hereby ratifying and conbrmmg dl that thc · ud Altorncy(s) m Fact lna~ do ~n the prclmqe~
Th~s po~cl ot attorney is granted under and by the authority of A~tcle VII o~ the By law~ of FIREMAN S bUND INSURANCE COMPANY NATIONAL SURLFY
CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIAFED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURAN( L
COMPANY which provt~on~ are now ~n full torte and eUect
Th:~ power of atlomey *s signed and sealed under the mthonty of the following Resolutmn adopted by the Board of D:rector~ ol FIREMAN S FUND INSURANCF
COMPANY NATIONAL SURETY COR~RATION 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 19th day ol Mirch 1995 md smd Resoluttan ha~ not been
RESOLVED that the q~gnature of any Vice PmsMent Assistant Secretary and Resident A~s~stant Secreta~ of the Compaale~ and the seal ot thc
facsunde and any ~wer ot attorney any revocauon of any power of attorney or cemficatc beanng such tac~tmlle s~gnature or hcs~mfle ~eal qhal] be
vabd and binding u~n the Compames
tin,IN WI~SS WHEREOFdayof theo~co~erCompane~ have cauqed the~eip~~ts to ~ signed by their Vine Pres~dem and their co.orate ~e~l~ to be hereunto ~lbxed
~ x~. 0, . ~%~ * ~tt tsar. * NATIONAL SUREW5 CORPORATION
~S" ~ I.'~ ,*] * * -- --~ THE AMERICAN INSURANCE COMPANY
: o . a ~ ~ a [ ~. ASSOCIATED INDEMNITY CORPORATION
· o ~ ~ ~ · ~MERICAN AUTOMOBILE INSURANCE COMPANY
IN~iiWI~ESS~HEREO~I~ ~o,O~G~ffii~lo~have~u~l~ohe~ ~!i,~[~ ] ]~26set my ha~d[~ and affix*d ~y official seal the day and ye~ here m first above written ~ ~~
~ ~ ~m ~ffi ~1 ~ CERTIFICATE ~o~ eu~hc
S~gned and sealed at the County of Mmn Dat~ the 5 day of January 1 ~ ~ ~
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention Is directed to the Insurance requirements below. It is highly
recommended that bidders confer with their respective Insurance carriers or brokers
to determine in advance of Bid submission the availability of Insurance certificates and
endorsements as prescribed end provided herein. If an apparent Iow bidder falls to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all Insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabmhtles of the Contractor, the
Contractor shall prov,de and maintain until the contracted work has been completed
and accepted by the Clty of Denton, Owner, the mimmum ~nsurance coverage as
indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of ,nsurance, contaimng the' b,d
number and title of the project. Contractor may, upon wntten request to the
Purchasing Department, ask for clarification of any Insurance requirements at any
time, however, Contractors are strongly advised to make such requests pnor to b,d
opening, since the insurance requ,rements may not be modified or wmved after b~d
opemng unless a wr,tten exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she rece,ves notification
that the contract has been accepted, approved, and signed by the City of Denton
All insurance pohc~es proposed or obtmned ~n satisfaction of these requirements shall
comply with the following general spec~fications, and shall be ma,ntamed ~n
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted'
a Each policy shall be ~ssued by a company authonzed to do business ~n the
State of Texas w~th an A.M Best Company rat,ng of at least ~.
a Any deductibles or self-insured retentions shall be declared ~n the b~d
proposal If requested by the City, the ~nsurer shall reduce or ehmmate
such deductibles or self-~nsured retentions w~th respect to the C~t¥, ~ts
AAA0031S0
REVISED 10/12/84 CI - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related ~nvesflgaflons, claim
administration and defense expenses.
® Liability policies shall be endorsed to provide the following
e® Name as additional insured the City of Denton, ~ts Officials, Agents,
Employees and volunteers.
· · That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit is brought. The inclusion of more than one
Insured shall not operate to increase the insurer's limit of liability
· All policies shall be endorsed to provide thirty(30) days pnor written not;ce
of cancellation, non-renewal or reduction In coverage
· Should any of the required ~nsurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences ansmg during the contract
term which give rise to claims made after exp;rat~on of the contract shall
be covered.
· Should any of the required ~nsurance be provided under a form of coverage
that includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be ~ncluded ~n the general annual
aggregate llm,t, the contractor shall e;ther 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 C~ty
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance ~s not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AAAO0350
REVISED 10/12/84 CJ - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All Insurance policies proposed or obtained In satisfaction of this Contrac~ shall
additionally comply with the following marked specifications, and shall be malntmned
In compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
A. General Uability Insurance:
General Liability Insurance with combined single limits of not less than
$1,o00,0oo.oo shall be provided and maintained by the contractor The policy
shall be wri~en on an occurrence basis either in a single pohcy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) ~s used:
· Coverage A shall Include premises, operations, products, and
completed operations, Independent contractors, contractual Imb~hty
covering this contract and broad form property damage coverage
· Coverage B shall ~nclude personal injury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Llab~hty form (ISO Form GL 0002 Current
Edition and I$0 Form GL 0404) Is used, it shall ~nclude at least
· Bodily injury and Property Damage Llabdlty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liabihty (preferably by endorsement)
covering this contract, personal inlury Ilab~hty and broad form
property damage liability
AAAO03~O
REVISED 10/12/~4 CI - 3
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance w~th
Combined Single Limits (CSL) of not less than St,O°0,00o-0Oelther in a single
policy or in a combination of basic and umbrella or excess policies. The pohcy
will include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be m the form of a pohcy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insu~ance
wh;ch, tn addition to meeting the minimum statutory requirements for ;ssuance
of such ;nsurance, has Employer's Llabd;ty bm;ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an "Additional insured"
but the insurer shall agree to waive all rights of subrogation against the C;ty,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability ~nsurance policy naming the City as insured for property
damage and bodily injury which may anse ~n the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AAA00350
RLrVlSED I0/~2/94 CI - 4
Insurance Requirements
Page 5
'occurrence' basis, and the policy shall be issued by the same Insurance
company that carries the contractor's liability insurance Policy limits wdl be
at least combined bodily Injury and property damage per
occurrence with a aggregate.
[ ] Fire Damage Legal Uabillty Insurance
Coverage is required if Broad form General Liab,hty is not provided or ,s
unavadable to the contractor or if a contractor leases or rents a portion of a
City budding. Limits of not less than each occurrence are required.
[ ] Professional Uability Insurance
Professional Iiab,lity insurance w~th limits not less than per claim
with respect to negligent acts, errors or omiss,ons ,n connection w,th
profesmonal serv,ces ,s required under th,s Agreement.
[ ] Budders' Risk Insurance
Budders' R,sk Insurance, on an Ali-Risk form for 100% of the completed value
shall be prov,ded. Such policy shall ,nclude as "Named Insured" the City of
Denton and all subcontractors as their interests may appear.
[ ] Additional Insurance
Other insurance may be requ,red on an ;ndiv,dual bas,s for extra hazardous
contracts and specific serv,ce agreements If such addit,onal msurance ,s
requ,red for a specific contract, that requirement wdl be described ,n the
"Spec,ftc Conditions" of the contract specif,cat,ons
,EV,SED ~0,2~4 CI ' 5
Insurance Requirements
Page 6
A'I'I'ACHMENT I
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions'
Certificate of coverage ("certiflcate")-A copy of a certiflcata of insurance,
a certificate of authority to self-insure ~ssued by the commies,on, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees prov,ding serv,ces on a project, for the
duration of the project.
Duration of the project - includes the time from the beg~nning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" In §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This ~ncludes, 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" ~nclude, without limitation, providing, hauling, or dehvenng
equipment or materials, or prowding labor, transportation, or other serwce
related to a project "Services" does not ~nclude actlwtles 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 flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor providing serwces
on the project, for the duration of the project
AAA00360
REVISED 10112/04 C] - 6
Insurance Requlraments
Page ?
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 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 obtain 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 certlflcstas 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 during the
duration of the project.
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G. The contractor shall notify the governmental entity ~n writing by certified
mall or personal deliver~, 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.
?
REY~s~=n 10/I 2~4 ~"~
Insuranoe Requirements
Page 8
I. The contractor 8h811 contractually require each person with whom ~t
contracts to provide services off a project, to:
(1) provide coverage, based on proper reporting of olassiflcation 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 certificate of coverage showing that coverage Is bezng
provided for all employees of the person prov,dlng 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) obts,n from each other person w~th whom ~t contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person beginn~ng
work on the project; and
(b) a new certificate of coverage show~ng extensmn of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental ent~W in writing by certified mall or personal
delivery, w~thin 10 days after the person knew or should have known,
of any change that materially affects the prows~on of coverage of any
person providing services on the project; and
AAAO0360
I~'WS;O 10/12m4 C~ - 8
SUMMARY
~e work ~tl f~na~ comple~ton and acceptance ~d
pa~ent for all ~awful ---i~. .... ' 2o ~aranna~
~ rot ~a~or parroted and
furnished ~n ~e fulftllmen= of ~e con~a~.
=cap=ea, w~en ~u~y completed and fin/shed ~n accordance wi~
plans a~d specifications, 2o ~e sa=tsfaction of ~e ~gtneer.
The undersigned ce~ifies ~at ~e b~d prices con2ained ~n th~s
proposal have been carefully checked and are submit=ed as
and final.
Unit and lump-s~ prices as sho~ for each ~tem lis=ed ~n ~s
proposal, shall consol over e~enstons.
S=ree= Address
City and
Sea~ a Au~oriza=ion
~elaphona
B - i
AVENUE G DRAINAGE BID TABULATION SHEET Work Days.~.~
Bid No 2293
PO No
121 ~Contractors WalTantles and Understandings -
Unit Price In Words
In Words
1
[ Unit Pnce In W°rds '7~/~'~ ~ /--'~z~z~'/jx~)~(/~
312 T~mporary Erosion Control
Umt Pnce
Umt pnce In Words
Unit Pnco In Words
P3
AVENUE G DRAINAGE BID TABULATION SHEET Work Days_~
Bid No 2293
PO No
50
Umt Pnco In Words ~"d~
SP-31-B [Bm~ ~to Ex,sting ~let [ 1 lEA
SP-37 [Excava, on P~tectlon 11690 [ LF
Um~ Price ~ WoMs ~
gP-39 [Proj~t S,~ [ 2 lEA [$
Umt Price ~ WoMs
P4
AVENUE G DRAINAGE BID TABULATION SHEET Work Days~
B~d No 2293
PO No
P-49-B
[R~move Abandoned Waterline 2 [EA I $ ._~q/d.~,q/EA[ $ [ 4 d~/~/;[
Umt Price In Words
TOTAL
P5
Ramey ~ King 2/10/99 8 39 PAGE 2/2 RightFAX
&EI T [ BILI INSU A
I~c~ (940)~8~-9691 F~ (940)24~-~0~0 THISCERTIFICATE~I88~D~AMA~R~INF~MAT~
-- I .u~g~ TH~ CER~F~ATE DO~ ~T AMEND, EXTEND OR
p3o South Z-35E, Sut~e A I AL~THEC~ERAGEAFFORDEDBY~POLIC~EBELOW
'Denton, TX 76205-7~2g COMP~IE~AFFORDI~C~E
A~fl ~t A
i~a ]agae Publlc Company. ~nc ~M~V Texas ~ork C~p ~s ~u~d
B11q Cheek
P 0 Box 2~0 r~ua*~
Denton, ~ 76202
~C)IO~UR~E~ I 1,000, OOO
1~000~000
aC~O~URaE~E I ' '1~0~000-'.
A X UM~E~A~ CUP2524882 10/01/1998 10/01/1999 ~9ATE
6 THEP~RI~Om I.C~ TSF~OZO82110 10/01/1998 10/01/1999 mE*CHaC~ I 1,~0,000
RE' AVENU~ee~, ~s~'~ . ~CRL~A~rE HOLDER 1'S SH~N AS ADDZT:ONAL ~NSURED
S~ULD ANY OF THE A~E OESCRZgED ~L~CZES BE ~CELLED, NONRENE~ED OR REDU~ZO~ lN ~ERAGE THE
:ERTZ~TE HOLDER SHALL RECEZVE A ~0 DAY N~CE
C~TY OF DENTON ~~~~~
9018 TE~S ST ~~~~KXXX~
/