1999-061 ORDINANCE NO qq- 0~o /
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR CONSTRUCTION OF THE NEW WASTEWATER TREATMENT PLANT
ROAD AND WEIGH STATION SITE, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AND EFFECTIVE DATE (BID #2332 - MAYHILL AT
WASTEWATER ROAD IMPROVEMENTS AWARDED TO JAGOE-PUBLIC COMPANY IN
THE AMOUNT OF $191,881 05)
WHEREAS, the City has sohmted, recmved and tabulated competitive Nds for the
construction ofpnbhc works or ~mprovements ~n accordance w~th the procedures of STATE law and
C~ty or&nances, and
WHEREAS, the C~ty Manager or a designated employee has recmved and recommended that
the herem described Nds are the lowest responsible Nds for the construction of the pubhc works or
improvements described ~n the bid lnmtatmn, Nd proposals and plans and specifications therem,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the following competmve Nds for the constructmn ofpubhc works or
improvements, as descnbed in the "B~d Invltat~ons", "B;d Proposals" or plans and specfficat~ons on
file ~n the Office of the C;ty's Purchasing Agent filed accordmg to the bid number assigned hereto,
are hereby accepted and approved as bemg the lowest responsible Nds
BID
NUMBER ~ AMOUNT
2332 JAGOE-PUBLIC COMPANY $191,881.05
SECTION II That the acceptance and approval of the above competitive Nds shall not
constitute a contract between the C~ty and the person submitting the bid for constructmn of such
pubhc works or ~mprovements here~n accepted and approved, until such person shall comply w~th
all requirements spemfied ~n the Notme to B~dders ~nclud~ng the timely execution of a written
contract and furmshlng of performance and payment bonds, and ansurance certfficate after
notfficat~on of the award of the bid
~ That the City Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or ~mprovements m accordance
with the bids accepted and approved hereto, prowded that such contracts are made m accordance
with the Notice to B~dders and B~d Proposals, and documents relating thereto spemfy~ng the terms,
conditions, plans and spemficat~ons, standards, quantmes and spemfied sums contamed thereto
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the pubhc 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 specified in such
approved bids and anthonzed contracts executed pursuant thereto
SECT__~ That ttus ordinance shall become effective lmmedmtely upon Its passage and
approval
PASSED AND APPROVED this the/2~/Id day of ~ ,1999
jA~L~I(, MAY
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2332 - WASTEWATER ROAD IMP CONTRACTUAL ORDINANCE
ATTACHMENT # t
TABULATION SHEET
B~d # 2332 Date
MAYHILL ROAD BOX CULVERT
I Mayhlll Road Box Culvert $104~005 00 $7t ~653 00
2 Waatewater Treatment Plant Road $119~984 05 $186~119 00
3 Weigh Station $66~072 00 $'1 t 0~641 00
4 Ma~'hlll Culvert Alt t $2%562 00 $18~930 00
5 Mayhlll Culvert Alt 2 $5~350 00 $2~100 00
6 Mayhlll Culvert Alt 3 $4~328 00 $1~000 00
7 Waetewater Treatment Plant Rd ~4 $5~825 00 $2~800 00
Total Item 1, 2 & 3 $290,06t 05 $368,413 00
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into th~s 2 day of MARCH A.D., 1999, by and
between CITY OF DENTON of the County of DENTON and State of Texas, acting through
MICHAEL W. JEZ, Cxty Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
JAGOE PUBLIC COMPANY
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 in conslderatton of the payments and agreements
hereinafter mentmned, to be made and performed by OWNER, and under the condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees wnh OWNER to
commence and complete performance of the work specafied below
BID # 2332- MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS
~n the amount of $191,881.05 and all extra work ~n connection therewith, under the terms
as stated ~n the General Condmons of the agreement, and at h~s (or their) own proper cost and
expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence,
labor, msurance, and other accessories and services necessary to complete the work specffied
above, m accordance w~th the condttmns and prices stated m the Proposal attached hereto, and
~n accordance w~th all the General Conditions of the Agreement, the Special Con&tlons, the
Not,ce to B~dders (Advertisement for Bids), InstructlunS to B~dders, and the Performance and
Payment Bonds, all attached hereto, and m
CA- 1
accordance with the plans, whlch ~ncludes all maps, plats, blueprints, and other drawmgs and
pnnted or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively ewdence and constitute the entxre contract
Independent Status
It ts mutually understood and agreed by and between C~ty 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, w~thholdmg, social
securlty taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty
employee benefit C~ty shall not have supervision and control of Contractor or any employee
of Contractor, and ~t ~s expressly understood that Contractor shall perform the services
hereunder according to the attached speelficatwns at the general d~rect~on of the City Manager
of the C~ty of Denton, Texas, or h~s designee under this agreement
Indemmficatlon
Contractor shall and does hereby agree to ~ndemmfy and hold harmless the C~ty 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, ounsslon or neghgent act of Contractor,
~ts officers, agents, employees, mwtees, and other persons for whom ~t Is legally hable, with
regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall he ~n 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 tune stated m the Proposal, subject to such extensions of time as are provided by the
General and Special Condmons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown ua the Proposal, wfuch forms a part of th~s contract, such payments to be subject to the
General and Spec:al Condmons of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
ATTEST
· -1 CONTRACTOR
P'UULI~ bUN]VANY
BOX 250
MAILING ADDRESS
PHONE NUMBER
(9¢o> 3~Z.
FAX NUMBER ~
APPROVED AS TO FORM P~NTED NAME
CITY
ATTO~EY
1
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY,
whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter called Principal, and
I ~,$$(EL~T[~)tNomsr~¢oa~e~?~ a corporation orgamzed and
ex~stlng l~nder th~'laws of ~e S/ate of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal
corporatmn orgamzed and existing under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of ONE HUNDRED NINETY ONE THOUSAND AND EIGHT
HUNDRED EIGHTY ONE and no/05 DOLLARS ($191,881.05) plus ten percent of the
stated penal sum as an adthtlonal sum of money representing addmonal court expenses,
attorneys' fees, and hquldated damages arising out of or connected with the below identified
Contract, in lawful money of the United States, to be pa~d m Denton County. Texas, for the
payment of which sum well and truly to be made, we hereby b~nd ourselves, our heirs,
executors, adrmmstrators, successors, and assigns, jointly and severally, firmly by these
presents Th~s Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
th~s Bond
THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the Pnnclpal
entered into a certain Contract, ~dentlfied by Ordinance Number 99-061, with the City of
Denton, the Owner, dated the 2 day of MARCH A.D 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2332 - MAYHILL ROAD AT WASTEWATER
ROAD IMPROVEMENTS.
NOW, THEREFORE, If the Principal shall well, truly and faithfully perforra and fulfill
all of the undertakings, covenants, terms, condmons and agreements of said Contract in
accordance with the Plans, Specifieatmns and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, w~th or w~thont notice
to the Surety, and during the life of any guaranty or warranty reqmred under th~s Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, condmons
and agreements of any and all duly authorized mod~ficauons of said Contract that may
hereafter be made, notice of which mod~ficatiuns to the Surety being hereby waived, and, ~f the
Principal shall repair and/or replace all defects due to faulty matermls and workmanship that
appear within a period of one (1) year from the date of final compleUon 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 rennburse and repay Owner all outlay and expense which the Owner may
incur m making good any default or deficiency, then this obhgat~on shall be void, otherwise, ~t
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that If any legal acuon be filed upon this Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the sa:d Surety, for value received, hereby
sUpulates and agrees that no change, extension of tune, alteraUon or addmon 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 ~n anywise affect ~ts obhgauon on th~s Bond,
and ~t does hereby waive not.ce of any such change, extension of tune, alterauon or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficaUons, Drawings, etc
Th~s 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 unders:gned and designated agent ~s hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any reqms~te nouces may be dehvered and on
whom serwce of process may be had m matters arising out of such suretyship, as prowded by
Arncle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s mstnmaent is executed ~n 4 cop~es, each one of whu:h
shall be deemed an original, th~s the 2 day of MARCH 1999.
ATTEST PRINCIPAL
ATTEST SURETY
~TORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for dehvery of nonce and serwce
of the process ~s
NAME Wll. l,18 CORROON CORP
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY,
whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter called Prtnclpal, and
~SS~AT~t~0mN~O0~0~m~ . , a corporation organ]zed and
extstmg under the laws of the State of TEXAS, and fully anthorlzed to transact business tn the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mutnclpal
corporatton organ]zed and ex~stmg under the laws of the State of Texas, heretnafter called
Owner, and unto all persons, firms, and corporattons who may furmsh materials for, or
perform labor upon, the building or lmprovemems hereinafter referred to, m the penal sum of
ONE HUNDRED NINETY ONE THOUSAND AND EIGHTY EIGHT ONE HUNDRED
and no/0S DOLLARS ($191,881.05) tn lawful money of the United States, to be pa~d tn
Demon, County, Texas, for the paymem of which sum well and truly to be made, we hereby
bind ourselves, our hetrs, executors, admlmstrators, successors, and assigns, jotntly and
severally, firmly by these presems This Bond shall automatically be tncreased by the amount
of any Change Order or Supplememal Agreement which increases the Comract prtce, but ~n no
evem 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 is conditioned as follows Whereas, the Pnnctpal
entered into a certain Contract, tdentlfied by Orehnance Number 99-060, with the Ctty of
Demon, the Owner, dated the 2 day of MARCH A.D. 1999, a copy of which ~s hereto
attached and made a part hereof, for BID # 2332 - MAYHILL ROAD AT WASTEWATER
ROAD IMPROVEMENTS.
NOW, THEREFORE, ff the Principal shall well, truly and fatthfully perform tts duties
and make prompt payment to all persons, finns, subcontractors, corporations and clatmants
supplying labor and/or material in the prosecutton of the Work provided for tn said Comract
and any and all duly authorized modifications of said Comract that may hereafter be made,
not,ce of which modifications to the Surety betng hereby expressly watved, then th~s obhgatton
shall be void, otherwise tt shall remain in full force and effect
PROVIDED FURTHER, that ~f any legal action be filed on this Bond, exclusive venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the satd Surety, for value recetved, hereby
stipulates and agrees that no change, extenston of tune, alteraUon or addlUon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficattons,
Drawtngs, etc, accompanying the same, shall in anywise affect its obhgaUon on this Bond,
and tt does hereby waive notice of any such change, extension of time, alteration or addttlon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spectficatluns, Drawings, etc
PB - 3
This Bond is given pursuant to the provlstons 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 ts hereby designated by the Surety hereto as the
ResMent Agent tn Denton County to whom any reqmstte notices may be dehvered and on
whom serrate of process may be had tn matters arising out of such suretyship, as promded by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Clvtl Statutes of the State of Texas
IN WITNESS WHEREOF, thts instrument ts executed tn 4 cop~es, each one of whmh
shall be deemed an original, thts the 2 day of MARCH 1999
ATTEST PRIN~PALD -.~G'o~ -/~9~r'F ct c_ ~¢Ooz~.//..
We PRESIDENT ~/
ATTEST SURETY
ATTORNEY-IN-FACIr -
The ResMent Agent of ~e Surety m Denton County, Tex~ for dehvery of noUce aM serwce
of the process ~s
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, give a person's name )
2332 CONTRACT&BONDS&INSURANCE
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 Caldorma corporatmn NATIONAL SURETY CORPORa. TION
an {llmo~s corporatmn THE AMERICAN INSURANCE COMPANY a New Jersey corporation redomestlcated in Nebraska ASSOCIATED INDEMNITY
CORPORATION a Cahfornla corporation and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri corporation (hereto collecuvely called the
CompuTes )doeseachhepabyappomt ROSEMARY WEAVER AND JOHN R STOCKTON OF DALLAS TX
their true md I lwful Attorney(s) in Pact w~th full power of authority hereby conterred tn their name place and stead to execute ~eal acknowledge and debxer any and all
site,ted bv tile Campame~ Secretary hereby rallfymg and ~ouhrmmg all that Ihe ~ald Attorney(s) in Pa~t m i~ do tn thc premmes
Thl~ po~er ol ulorncy 1~ granted under and by the authority of Amcle Vll ol tile By law~ of FIREMAN S FUND iNSURANCE COMPANY NAq [ONAL SiIR[ TY
CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANL E
COMPANY winch provl~lon~ are now In full force and effect
Th~ powe~ of attorney Is ~lgned and sealed under the authomty of the following Re~olutmn adopted by {he Board ol Dl~ctor~ ol FIREMAN S FUND INSLRANCE
COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSDRANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and &MERICAN
AUTOMOBILE INSURANCE COMPANY at a meetmg duly called and hem or by wmttcn ~onsent on the 19th day ol March I095 and
RESOLVED that the ~tgnature ot any %cc President A~lstant Secretary and Resident Assistant Secretary of the Compame~ and the seal ol Ih~
{ac~tmtle and any power of atto~ey any revocation of any power ol attorney or ce~flcate bearmg such facs~mtle s~gnature or fac~mde seal shall he
vahd and hmdmg upon the Compame~
f~. ~ <_ ro ,$ *g -- -- ~, THE AMERICAN INSURANCE COMPANY
-~%g, ~ /~1~} .k~5~ ~ ~ -- -- ~. AMERICAN AUTOMOBILE INSURANCE COMPANY
STATE OF CALIFORNIA
COUNTY OF MARIN
Onth~s 17 dayof Docombor 1998 ~fom me personally came M A Mallonee tomeknown ~ho hemgbyme
duly sworn d~d depose ~d say ~at he m a V~ce Premdent of each company descried m aad whtch executed the a~ve mstmmem that he kaows the seals of the smd
Compame~ that the seals affix~ to the ~aM mstmmeat are such company seals that ~ey were so affixe~ by order of the Board of Dtmctors of sam compames and that he
ngned h~s name ~ereto by hke
IN WITNESS WHERE~I hay* he.unto set my hand and affixed m~ offictal seal ~e day and ye~ hereto first above written
z ~ ~n C~n~ ~ t
~ ~m ~ ~1 ~ot~ Pubh~
t ~ CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF MARIN
I the unde~gned Resident Ass~st~t S~¢ret~y of each company DO HEREBY CERTIFY that the foregoing and attached POWER OF A~ORNEY remains m tull torte
and has not been revoked ~d fuahe~or¢ that Aaicle VII of the By laws ot each company and the Resolunon of the ~ard ot D~rectors set tonh m the Power ot Attorney
Stgned and s~tea at the County of MTn Dat~ the ~ day of ~arch
3~789 11-98
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Butderts attentton ts d;rected to the tnsurance requtrements below It ts htghly recommended
that btdders confer wtth thetr respecttve tnsurance carriers or brokers to determtne tn
advance of Btd submtsston the avadabthty of tnsurance certtficates and endorsements as
prescnbed and provided herein. If an apparent low bidder fads to comply strictly wtth the
tnsurance reqmrements, that bulder may be dtsqualtfied from award of the contract Upon
btd award, all insurance requirements shall become contractual obhgattons, whtch the
successful btdder shall have a duty to matntatn throughout the course of this contract
STANDARD PROVISIONS:
Wtthout hmtttng any of the other obhgattons or ltabthttes of the Contractor, the Contractor
shall provide and matntatn until the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafler
As soon as practtcable after nottficatton of b~d award, Contractor shall ftle wtth the
Purchastng Department sattsfactory certt, licates of tnsurance, contatntng the btd number and
tttle of the project Contractor may, upon wrttten request to the Purchasing Department, ask
for clartficatton of any insurance requtrements at any time, however, Contractors are stron~,ly
advtsed to make such requests prtor to bid opemng, stnce the tnsurance requtrements may not
be modified or watved after btd opemng unless a written exceptton has been submttted wtth the
bid Contractor shall not commence any work or dehver any material until he or she
recetves nottfieatton that the contract has been accepted, approved, and stgned by the City of
Denton
All tnsurance pohctes proposed or obtained tn sattsfactton of these requtrements shall comply
wtth the followtng general spec~ficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duration of the Contract, or longer, tf so noted
· Each pohcy shall be issued by a company authorized to do business in the State of
Texas wtth 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 insurer shall reduce or elnnmate such deductibles or
self-insured retenttons w~th respect to the City, ~ts
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claun admmtstrat~on and
defense expenses
· Llab~hty pohc~es shall be endorsed to provide the following
** Name as add~ttonal insured the City of Denton, its Officials, Agents,
Employees and volunteers
** That such ansurance ~s prnnary to any other ansurance available to the
addtttonal insured with respect to clauns covered under the policy and that
th~s ~nsurance apphes separately to each insured against whom elama is made
or stat Is brought The inclusion of more than one insured shall not operate
to increase the insurer's lmut of habflaty
· All polaeaes shall be endorsed to provade thmy (30) days prior wratten horace of
cancellation, non-renewal or redueUon an coverage
· Should any of the reqmred insurance be provided under a clanns-made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, w~thout lapse, for a period of three years beyond the contract
expiration, such that occurrences arasmg during the contract term which gave rise
to elatms made after expiration of the contract shall be covered
· Should any of the reqmred insurance be provaded under a form of coverage that
includes a general annual aggregate hmlt provldmg for clanns mvemgat~on or legal
defense costs to be ~ncluded m the general annual aggregate lunar, the Contractor
shall e~ther double the oecorrence lunlts or obtain Owners and Contractors
ProtecUve Llabthty Insurance
· Should any reqmred insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receaves
satisfactory evadence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance is not reinstated, City may, at ~ts sole opnon,
termmate th~s agreement effectave on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance pohctes proposed or obtained tn sattsfactton of thts Contract shall addtttonally
comply with the followtng marked spectficattons, and shall be matntatned tn comphance wtth
these ad&ttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
[xl A General Liability Insurance:
General Liability insurance w~th combined single hmats of not less than 1,000,000
shall be prowded and mamtmned by the Contractor The polacy shall be written
on an occurrence bas~s either m a single polacy or in a combination of underlyang
and umbrella or excess pohcles
If the Commereaal General Laabthty form (ISO Form CG 0001 current edataon) is
used
· Coverage A shall include prenuses, operations, products, and completed
operatmns, andependent contractors, contractual habflaty coverang thas
contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, is not reqmred
If the Comprehensive General Lmbdlty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
· Bodily mjury and Property Damage Llablhty for premises, operations, products
and completed operations, mdependent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures
· Broad form contractual llablhty (preferably by endorsement) covering this
contract, personal injury habfltty and broad form property damage
liability
IX] Automobile Liabihty Insurance:
Contractor shall provide Conunercial Automobile Llablhty insurance with Combined
Single Lmuts (CSL) of not less than 1,000,000 either in a single pohcy or m a
combination of basle and umbrella or excess pohcles The pohcy will include bodily
injury and property damage habfllty arismg 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 in the form of a pohcy endorsement for
· any auto, or
· all owned, hired and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, m
addition to meeting the mlnunum statutory requirements for issuance of such insurance,
has Employer's Llabthty lurers of at least $100,000 for each accident, $100,000 per
each employee, and a $500,000 policy hmlt for occupational disease The City need
not be named as an "Add~taonal Insured" but the insurer shall agree to waive all rights
of subrogation against the City, its officials, agents, employees and volunteers for any
work performed for the City by the Named Insured For building or construction
projects, the Contractor shall comply with the prowslons of Attachment 1 m accordance
w~th §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 Liab~hty Insurance
The Contractor shall obtam, pay for and mamtam at all tmaes during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability
insurance policy naming the City as insured for property damage and bodily injury
which may arise 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
lurers will be at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Liab~hty Insurance
Coverage is required if Broad form General Lmbfllty is not provided or is unavailable
to the contractor or if a contractor leases or rents a portion of a City building Lmaits
of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional habfllty insurance with lnnits not less than per claun with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement
[ ] Builders~ Risk Insurance
Builders' Risk Insurance, on an All-Pdsk form for 100% of the completed value shall be
provided Such policy shall Include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Addltmnal Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements If such additional insurance is required for a specific
contract, that requirement will be described m the "Specific Conditions" of the contract
speclficatmns
ATTACHMENT I
[x] Worker's Compensation Coverage for Bu,ldmg or Construction Projects for
Governmental Ent,t~es
A Deflmt~ons
Certificate of coverage ("cert~flcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-~nsure ~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 - ~ncludes the t~me from the beginning of the work
on the project until the contractor's/person's work on the project has
been completed and accepted by the governmental entity
Persons providing serwces on the project ("subcontractor" ~n §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 d~rectly w~th the contractor and
regardless of whether that person has employees This ~ncludes, w~thout
hmltat~on, ~ndependent contractors, subcontractors, leasing compames,
motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to prowde serwces on
the project "Serwces" ~nclude, w~thout hm~tat~on, providing, hauhng, or
dehvenng equipment or materials, or prowdmg labor, transportation, or
other serwce related to a project "Serwces" does not ~nclude act~wt~es
unrelated to the project, such as food/beverage vendors, office supply
dehvenes, and dehvery of portable to~lets
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 prowdmg
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 per~od 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 per~od, file a new certificate of coverage
w~th the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person providing serwces on a
project, and prowde to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work on the
project, so the governmental entity w~ll have on file certificates of
coverage show~ng coverage for all persons providing serwces on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, ~f the
coverage per~od 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 not~fy the governmental entity m writing by certified
mall or personal delivery, w~th~n 10 days after the contractor knew or
should have known, of any change that mater~ally affects the prows~on
of coverage of any person prowdmg serwces on the project
H The contractor shall post on each project s~te a not~ce, ~n the text, form
and manner prescribed by the Texas Workers' Compensation
Commission, ~nformlng all persons prowd~ng serwces on the project that
they are required to be covered, and stating how a person may verify
coverage and report lack of coverage
The contractor shall contractually require each person w~th whom ~t
contracts to prowde services on a project, to
(1) prowde coverage, based on proper reporting of classification codes
and payroll amounts and fll~ng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of ~ts employees prowd~ng serwces on the
project, for the duration of the project,
(2) prowde to the contractor, prior to that person beginning work on
the project, a certificate of coverage showing that coverage is being
prowded for all employees of the person providing serwces 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, ~f the
coverage per~od shown on the current certificate of coverage ends
during the duration of the project,
(4) obtain from each other person w~th whom it contracts, and prowde
to the contractor
(a) a certificate of coverage, prior to the other person beginning
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage per~od, ~f the coverage per~od
shown on the current certificate of coverage ends during the
duratmn of the project,
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified ma~l or
personal dehvery, w~th~n 10 days after the person knew or should
have known, of any change that mater~ally affects the provision of
coverage of any person prowdmg serwces on the project, and
(7) contractually require each person w~th whom ~t contracts, to
perform as required by paragraphs (1) - (7), w~th the certificates of
coverage to be prowded to the person for whom they are prowd~ng
services
I By slgmng th~s contract or prowdlng or causing to be prowded a
cert~fmate of coverage, the contractor ~s representing to the
governmental entity that all employees of the contractor who w~ll
provide services on the project w~ll be covered by workers' compensation
coverage for the duration of the project, that the coverage w~ll be based
on proper reporting of classification codes and payroll amounts, and that
all coverage agreements will be filed w~th the appropriate ~nsurance
carrmr or, ~n the case of a self-~nsured, with the commission's D~vm~on of
Self-Insurance Regulation Prowd~ng false or m~slead~ng ~nformat~on may
subject the contractor to administrative penaltms, criminal penaltms, c~wl
penaltms, or other c~v~l actions
J The contractor's failure to comply w~th any of these prowslons m a
breach of contract by the contractor which entitles the governmental
entity to declare the contract void ~f the contractor does not remedy the
breach w~th~n ten days after receipt of not~ce of breach from the
governmental entity
BID 9 2332
BID SUMMARY
See award in Ge ~o~t of $191,881.05 per A~enda Information Sheet~~
In the event cf the award of a oontract to the undersigned,
undersigned will furnish a performance bond and a payment bond
the full amount of the contract, to secure proper compliance
the terms and provisions of ~he contract, to insure and guarantee
the work until final oompletion and acceptance, end to guaran=a~
payment for all lawful olatms for labor performed and
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall
accepted, when full~ completed and finished in accordance with
plans and specifications, to the satisfaction of the Engineer
The undersigned oerti~ies that the bid prices contained in
proposal have been carefully checked and are submitted as
end final.
Unit and lump-sum prices as shown for each item listed in th_s
proposal, shall control over extensions.
Street Address
C~ty and State
Seal & Authorization
(If a Corporation) ~J 5F,~
Telephone
B - i
BID# 2332
BID SUMMARY
PRO/ECT WORK DAYS BID
1 Mayhlll Road Box Culvert 35 $/o~ ~'- ~ ,c
2 Wastewater Treatment Plant Road ~ $ / / q ~.o~ c ~- ×
3 WelghStat~on lO $_. ~&/~Tz °~ ~
4 MaylullCulvertAlteraate#1 15 $. :z/,s-az o°
5 Maylull CulvertAltemate#2 × 10 $ ~ ~-a '°
6 Maylull Culvert Alternate # 3 4 $ G, ~,z~' o~
7 Wastewater Treatraent Plant Road # 4 4 $ 5-, ~'.z ~- oo
TOTAL for Items 81, #2, and #3 as hsted above $ 2 qo ~ c,/,o.c- ~
One contractor will be selected for all ~tems listed above The Bid wdl be based on the total of
Items # I Maylull Road Box Culvert, #2 Wastewater Treatment Plant Road, and #3 Weigh
Station as listed above The c~ty may elect to accept blds for Items g4 through #7 as hsted above
Work days as listed for Items # 4 through #7 w~ll be added to the total ti'selected The city may
also elect not to award Item # 1 Mayball Road Box Culvert and still perform Item #2 and Item #3
as well as elect to accept the b~ds for Items//4 through #7 If the city elects not to accept Item #
I, the work days will be reduced accordingly
B-2
Mayhfll Road BID TABULATION SHEET Wonk Days__ 35__
Box Culvert Bid No 7337
PO No
12/15/98 P 3
Mayh~ll Road BID TABULATION SHEET Work Days 35__
Box Culvert
Item Quannty Unit Price Total
12 ~ Erosion Control $ ~c~c~ o~/L~ $3~'o~
Umt ~ce In Words,
4 5 s A Concrete 25 $/~
Umt ~ce ~ Wor~
6-A 5' X 5' ~sl~d ~et 1 $ Jb-O~
Umt ~ce ~ Wor~.
6-D B Head~l 2 $/V oo OO ~ $OqOo
Unit ~ce In Wor~
1 B~cades, W~g Sl~s ~d Deto~s $~
Umt ~ce ~ Wor~
1-A 3~d Fence (~GF) 128 $ ~o, Oo ~F $~O
Umt ~ce In'
1-B 25' ~GF T~do~ Section 4 6~ ~A
Umt ~ce In Wor~
SP-4 Wat~lme Lowenng 2 $ OG~ $ 7~o o
Unit Pnce ~5
SP- 10 Rock Excavation 50 $/~ o O
Umt Price In Words ~
SP-31 Re~orcmg Steel 500 O~ ~B $/~-~ ~
Unit ~ce In Wor~- ~
;P-37 Excavation ~otecUon 260 $ ~ OO ~F oO
Umt ~ce ~ Wor~
SP-39 Sl~s 2 $/~O, 06 ~A $ ~o0 ~
Unit Price In Wor~ ~,~ ~
12/15~98 P 4
Mayhfll Road BID TABULATION SHEET Work Days 35__
Box Culvert
Item Description Quandty Unit Price Total
Asphalt Saw Cut 72 $ ~ 0 0 /LF $/qq o
Umt Price ~ Wor~ ·
SP-45 ~scell~eo~ Sp~er System AdJunCt $ ~oo o~ $ ~d0 6
Umt ~ce ~ Wor~ ~ v~
$ $
$ $
TOTAL
12/15/98 P 5
o~L~ I AI;IULA I I(JN ~HEET Work Days.__ 25
Plant Road
Item Descmption Quantity Unit Price Total
1 21 Con~acto~ W~t~es $ ~aa ~a ~S
Umt Price ~ ~z
1 $3~ o~ ~S 3~o0
Umt Price ~ Words,
I0 7 2158 / oo /SY ~o
Umt Price ~
12 'Eros]onCon~ol $ 3~o0 o~ ~S ~0o oO
Umt Price ~ Words.
6-A 6" Lime Trea~ent of Sub~ade 4114 $~ ~o /SY oo
Umt Price In Wo~s
46-B 56 $ B~ oo
Umt Price In Words
7-A 3776 ID.~o ~
Umt Price In Words
5 7-B 1/2" (T~e D) 7543 ~. ~ ;17 ~
Unit Price ~ Word~.
7-C e A, B~e 3899 ~
Umt Price In Words
12/3/98 P 6 LS = LUMP SUM
Plant Road ,.,,u i~u~.~ f luv~ bHbC I work Days.__25__
Item Description Unit Price Total
~P-39 1 $ W'OO OO $
Umt Price In Words ~
SP-43 ~ut 2548 $.,~.
Umt Price In Words
$
$ $
TOTAL ~//~ ?0q. ~'
12/3/98 P 7 LS = LUMP SUM
Plant Road r~u ~ ,~u~..~ ~ ~u~ ~e-t:: I Work Days__ 25
Item Descrtption Quantity Umt Price Total
1 W~ng S~s ~d Deto~s 7~
Umt Pnce ~ Words
8 14 M~scell~eous Fence
Umt Pnce ~ Words
SP-10 Rock Excavatmn 50 $
Umt Price In Words
1
Umt Price In Words
SP-43 Cut 2548 $
Umt Pnce In Words
$
$ $
TOTAL
11/3/98 P 7 ~' LS = LUMP SUM
Weigh Station BID TABULATION SHEET Work Days 10~
239 /, o o /SY
Umt Pnce In Words
~' ob
Umt Price In Words
1
Umt Price In Words
14 MlscellaneousFence $,.~0~ ~o ~S
Umt Price In Words -
SP-IO Excavat~0n 10 $/O Oo
Umt Price In Words.
10/16/98 P 8 LS = LUMP SUM
Weigh Station BID TABULATION SHEET Work Davs 10
Unit Price Total
$ $
TOTAL ~(,, 0'~. Oo
10/16/98 P 9 LS = LUMP SUM
Mayh~ll Culvert BID TABULATION 8HEET Work Days 15
Alternate # 1
Item Description Unit Price Total
12 3-A I8" Class III RCP storm sewer 12 oo /LF
12 3-B 24" ClassIHRCP stormsewer 10 /LF $~'O~ oO
Umt Price In Words ~
123~C 30" Class III RCP storm sewer 101 ;'70.0o /LF
10
Umt Price I
6-B-2 I ' End Treatment 1
Unit Price In
7 6-C 0" 1 oo /EA $5-00 OO
Umt Pnce In Word,
$ $
$
TOTAL $,,~/5'G,~ Oo
10/16/98 P 10 LS = LUMP SUM
Mayh~ll Culvert BID TABULATION SHEET Work Days 10
Alternate # 2
Item Quantity Unit Price Total
Removal of~ Culvert $ ~-~c~ ot~/LS
Umt Price In Words.
3 3 Unclassified Excavation 10 $ /5~OO
Umt Price In Words.
$
$ $
TOTAt, ~3-3 ~o oo
10/16/98 P 11 LS = LUMP SUM
Mayl~ill Culvert BID TABULATION SHEET Work Days 4
Alternate # 3
Item Omt Price Total
Pavement $
Umt Pnce I
$
TOTAL ~z4 3 ~- t5 o
10/19/98 P 12 LS = LUMP SUM
Wastewater Treatment Plant Road BID TABULATION SHEET Work Days 4
Alternate # 4 -- --
Item Description Quantity Umt Price Total
SP-55 Pavement Markm $ 5'3-~5' ~/LS
Umt Pnce
SP-60 1 0o. oa, /EA
Umt Pnee In Words.
$ $
$ $
TOTAL ~'~',~"~ d> o
10/19/98 P 13 LS = LUMP SUM
AGENDA INFORMATION SHEET
AGENDA DATE. March 2, 1999 Quesnons concerning this
acquisition may be directed
DEPARTMENT Purchasing to Howard Martin 349-8232
ACM' Kathy DuBose, F~scal and Municipal Services
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR CONSTRUCTION OF THE NEW WASTEWATER TREATMENT
PLANT ROAD AND WEIGH STATION SITE, PROViDING FOR THE EXPENDITURE OF
FUNDS THEREFOR, AND PROViDING AN EFFECTIVE DATE (BID #2332 - MAYHILL
ROAD AT WASTEWATER. ROAD IMPROVEMENTS - AWARDED TO SAGOE-PUBLIC
COMPANY IN THE AMOUNT OF $191,881 05)
The Czty of Denton Intends to construct a new entrance at Mayhlll and the ex~stmg Wastewater
Treatment Plant road The entrance was designed by the Ctty of Denton Engmeenng Department
This new design will ehmmate a very difficult Intersection for the Sohd Waste vehicles The
weigh station asphalt paving is a planned infrastructure Improvement for the landfill expansion
Th~s area will be used as a control point for the general public entenng the landfill
We recommend approval of the bid and award of a contract to the lowest bidder, Jagoe-Pubhc
Company, in the amount of $191,881 05 for b~d items 2, 3, and 7 (alternate 4)
ESTIMATED SCl:rEtiCULE OF PROJECT;
This project is scheduled to begin March 1999 and to be completed June 1999
FISCAL INFORMATION~
Th~s project will be funded from Solid Waste Bond fund accounts (634-024-CO96-805D-9003
and 634-024-CO96-806D-9003)
BID INFORMATION;
This bid Is for the conslxuction of improvements to the entrance of the Wastewater Treatment
Plant and asphalt paving at the weigh station site Originally Included was Installation of
approximately 60-feet of 8-feet by 8-feet box culvert on Mayhill Road That portion has been
deleted due to the high-bid price C~ty work crews will perform this work at a later date
The project still Includes approximately 4,000 square yards of 6 Va-roches asphalt paving, 1,500
square yards of 8 ~-mehes paving on the road, and approximately 3,300 square yards of 8 ½-
Inches paving at the weigh station site
AGENDA INFORMATION SHEET
MARCH 2, 1999
PAGE 2 OF 2
Respectfully submitted
Name Tom Shaw, C P M, 349-7100
Title Purchasing Agent
Attachment #1 TabulatIon Sheet
Attachment #2 Location Map
1192 AGENDA
.................... --- ................. ~-~--~'*'~ i'"-~;~'"",02/02/1999
830 South 1-35E, Sutte A ALTER THE COVERAGE AFFORDED BY THE IN2UOIE
Denton, TX 7620S-782g ¢OMPANIESAFFORDING¢OVERAGE
COM.^N~ Gt tum~ nous
Arm Ext A
..u..- ~oM.^~ Texas Work C~-omp tns ~uncl
3agoe Publlc Company, Inc. B
Btll Cheek
P 0 Box 250
Denton, TX 76202
D
THIS 18 TO CERTIFY T THE pOUCIE8 OF INSURANCE U81~D BELOW HAVE BEEN 18SUED TO THE INSURED NAMED Aaov~ ~ ~ ~ ~
INDIGAT~D, NOTWITHSTANDIN~ ~ REQUIREMENT, TERM OR OONDITION OF ANY Go/~rRAGT OR OTHER ~NT WITH RESPEOT TO WHICH
CERTIFICATE MAY B~ 18SUED OR MAY PERTAJN, THE INSURANC~ APFORDED BY THE PCXJ~E8 D~CRIBED HEREIN 18 SU&JE~T TO ALL THE TERM8
?£LUSIO~.g AND C:0NDIT1ON8 OF SUCH POUOIE8 UMTE SHOWN MAY HAV~ BEEN REDUCED,BY pJUD CLAIM8
A ~ c~:~c~ X occu.~LP2302758 10/01/1998 10/01/19~9 ~&~w~u~Y ~ 1,~000~000
F~E DAMA;E (Ar.y .Mik.) ,,$ 50~000 I
MED EXP (Any o,. W) ,$ 5W000
X Am'AUTO lY 0OO'000
A K.m~u~ ^UT~ iCAP2542947 :].0/03./1998 10/01/:].999
X NO~-OWNED AUTO~
' Bream UAMUTY KH OCCURRENCE $ 2 f 0OO.000
A X UMBRB.LAFORM C'UpZ524882 10/01/1998 10/01/1999 ,~nE~'~ oS ].000,000
EW)LOYBRS' LLWUW $ 1 ,, 000,000
B 'mEPROPmETOR~ it,Ct. TSFO001082]10 10/01/1998 10/01/1999 B. EAC~ACCU~
~C~MaS~ P(~CYUMn' .,$ 1,000,000
P,~,~TNERWm(~cunvls ~DlaS.)~a F...,,FJM~:)YEIi $ 1 000 000
~S OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS -BTD 2332-HAYHILL
AT I~IASTEIdATER ROAD IMPMROVEHENT POLICTES WILL NOT BE CANCELLED, NON-RENE¥/ED OR MATERIALLY CHANGED
30 DAY ADVANCE NOTICE TO 09/NER "XCEPT NON-PAYMENT TN ¥/NZCH CASE THERE ~/ZLL BE A 10 I*)AY NOTICE
CITY OF DENTON
901B TEXAS STREET
DENTON, TX 76201