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HomeMy WebLinkAbout1999-443ORDINANCE NO 99-V�J AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AS EFFECTIVE DATE (PURCHASE ORDER 01364 — OSCAR RENDA CONTRACTING, INC IN THE AMOUNT OF $67,355) WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment, and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the emergency conditions outlined in the on file in the office of the Purchasing Agent, incorporated herein by reference being in compliance with the requirements of Chanter 252 of the Texas Local Government Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 01364 Oscar Renda Contracting, Inc $ 67,355 SECTION II That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids SECTION III This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1999 JACK MILLF6MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY 01� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY cG� j G cZ 01364 EMERGENCY PURCHASE ORDER ORDIANCE 41 fullll pui H O Z m ro 0 Ln U W a cn 0 z H E 0 pG N N 04 O W N n 'o HH QpC M 4 C4 W E aN awxH� m H W O N n N 33 1 H mmE oho zpa NM� U3rnA a m� U LL N S oot ZYa I n 0 C4 �Nn o 3 Roooo x FFFm 5 I 0 0 0 O U OUT� N Lc Q U m 7 l0 H N N LD c� r H H 04 U E+ a E W 0 SL U Q a az Wti a w aWt aw 0 y N 0 01n as 929 er n a� F m rn H O N H t T W� 0 0 0 CA w U W O i CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 10 day of NOVEMBER A D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. dEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and OSCAR RENDA CONTRACTING, INC. 522 BENSON LANE ROANOKE, TX 76262 of the City of ROANOKE County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below PO# 013�4 - PECAN CREEK SEWER CROSSING EMERGENCY CONSTRUCTION in the amount of $67,355 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, its accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment !Bonds, all attached hereto, and in CA-1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING 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 City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, 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 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 lie in 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 in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in 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 this agreement in the year and day first above written ATTEST APPROVED AS TO FORM CA-3 UNI OWNER BY 1�..:./ 6_SC'4.r aj%. 667t4ea-J Lq /mc, CONTRACTOR Lf MAILING ADDRESS &q - q41-X703 PHONE NUMBER �J? - q91- qO3 FAX NUMBER BY Pre,-,J O..rj TITLE n ate( Ia— PRINTED NAME (SEAL) PERFORMANCE BOND i,9d *Yla .6 STATE OF TEXAS - § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC., hereinafter called Principal, and Federal Insurance Company a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of SIXTY SEVEN THOUSAND THREE HUNDRED FIFTY FIVE NO/100 DOLLARS ($67,355) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99- y t}3 , with the City of Denton, the Owner, dated the 10 day of NOVEMBER A D. 1999, a copy of which is hereto attached and made a part hereof, for PO# 01364 - PECAN CREEK SEWER CROSSING EMERGENCY CONSTRUCTION. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages 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 incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in 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 time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc 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 Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such 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 in 4 copies, each one of which shall be deemed an original, this the 10 day of NOVEMBER 1999. ATTEST I: SECRETARY ATTEST BY PRINCIPAL i Mr SURETY Federal Insurance Company BY A4ow 6/ :�ano ATTORNEY- N-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Mondics/Greenhaw Insurance Agencies- John L Mondics STREET ADDRESS 8235 Douglas Ave., STE 828, Dallas, texas 75225 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB-2 Chubb POWER Federal Insurance Company Attrw Surety Department C Surety OF Vigilant Insurance Pacific Indemnity Company 15 Mountain 1ew ad ATTORNEY Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, VIGILANT INSURANCE COMPANY, a Now York corporation and PACIFIC INDEMNITY COMPANY, a Wisconsin Corporation, do each hereby Constitute and appoint Arnim I Gerstenmeier, John L Mondics and Larry D Greenhaw of Dallas, Texas --------------------------- each as their true and lawful Attomey-in-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than ball bonds) and undertakings given or executed In the course of ire business (but not to include any instruments amending or altering the some, nor consents to the modification or aserstion of any Instrument referred to in said bonds or obligations) In Witness Whereof, sold FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 10bh day of February, 1999 Kennethzs�--� C en el, a Ne 4-edWrry 44 - Frak E Robertson VictPresident STATE OF NEW JERSEY i County of Somerset ss On this 10th day of February, 1999 before me a Notary Public of New Jersey personally same Kenneth C Wendel to m , known to to ANIstaM Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the companies which executed the foregoing Power of Attorney, and the avid Kenneth C Wendel being by me duly event did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate eeais thereof that the seals ached to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the Sy -Laws of said Companies and that he signed said Paver of Attorney as Assistant Secretary of mid Companion by like outhorxy and that he is acquainted with Frank E Robertson and knows him to be Von President of said Companies, and that the signature of Frank E Robertson subscribed to said Power of Attorney is In the genuine handwriting of Frank E Robertson and was thereto subscribed by outharlly of said Sy -Laws and In deponent s presence Notarial Seel �� 6 p`� OTARY � f USLIC OANNE K RUSSAIdIole Notary Publ,e State of New Jefaey No 221460e CERTIFICATION Commission Expires Jane 172003 Extract from the By -Lem of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY "All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistent Moe President, jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or lithographed The signature of each of the following officers Chairman, President, any Vice President, any Assistant Vice President, any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Aaomsys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached " I Kenneth C Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (tiro "Companies") do hereby certify that (1) the foregoing extract of the By -Laws of the Companies is true and correct, (II) the Companies are duty licensed and authorized to tlamanot surety business In all 50 of the United Stales of America and the Chord of Columbia and are auth odzad by the U S Treasury Department, further, Federal and Vigilant are licensed in Puerto Rico and the U S Virgin Islands and Federal Is licensed In American Santa, Guam, and each of the Provinces of Canada except Prince Edward Island, aril (III) the foregoing Power of Attorney Is true, correct and In full force and effect Given under my hand and seals of sold Companies at Warren, NJ this 10 day of November, 1999 ruy W ! + * z*_,* `W � �f4 Kenneth C Wendel, Assistant Secrotery IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail surety@chubb com Form IS-IO n led 14M NON -CONSENT PAYMENT BOND zma OY16 - STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC., whose address is 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Principal, and Federal Insurance Company , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may f irmsh materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of SIXTY SEVEN THOUSAND THREE HUNDRED FIFTY FIVE and NO/100 DOLLARS ($67,355) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99- 4Q13 with the City of Denton, the Owner, dated the 10 day of NOVEMBER A.D 1999, a copy of which is hereto attached and made a part hereof, for PO# 01364 - PECAN CREEK SEWER CROSSING EMERGENCY CONSTRUCTION. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such 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 in 4 copies, each one of which shall be deemed an original, this the 10 day of NOVEMBER 1999. ATTEST PRINCIPAL 2;51-S ro C ► 0— ATTEST SURETY Federal Insurance Company BY /J BY xAvc: ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME John L Mondics- Mondics/Greenhaw Insurance Agencies STREET ADDRESS 8235 Douglas Ave , SiE 828, Dallas, Texas 75225 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) umm C Chubb POWER Federal Insurance Company Attn Surety Department OF Vigilant Surety ATTORNEY Pacific Indemnity Company 15 Mountain 1ew ad Warren, 07059 Know All by These Praeants That FEDERAL INSURANCE COMPANY, an Indiana owporatlon VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, doeach hereby constitute and appoint Arnim I. Gerstenmeier, John L. Mondies and Larry D. Greenhaw of Dallas, Texas --------------------------- each as their true and lawful Attorney -In -Fact to execute under such designation In their names and to affix their corporate awls to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bell bonds) and undertakings given or executed In the course of its business (but not to Include any Instruments amending or aitering the some, nor consents to the modification or alteration of any Instrument referred to in sold bonds or obligations) In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate sale on this loth dayofFebruary, 44.e�'-� L _ Kenneth C Wendel, AsKetaff Sedi �Fre k E Robertson Vic President STATE OF NEW JERSEY i J es Count' of Somerset On this loth day of February, 1999 before me a Notary Public of New Jersey personalty Dame Kenneth C Wendel to me known to be Ascistent Sscretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the companies which exaaWed the foregoing Pourer of Attorney, and the said Kenneth C Wendel being by me duly swom did depose and coy that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and known the corporate seals thereof that the seals affixed to the foregoing Power or Attorney are such corporate seals and were thereto aabted by authority of the By Laws of mid Companies and that he signed mid Power of Aeomey as Assistant Secretary of ail Companies by like authority and that he is acquainted wllh Frank E Robertson, and known him to be Vice President of mid Companies, and that the signature of Frank E Robertson subscribed to mid Power of Attorney Is In the genuine handwriting of Frank E Robertson and was thereto subscribed by authority of said By -Laws and In deponenys presence Notarial SealA Al q� OTAR �.y�,UBLIC OANNE K RUSSAKNotai anazP,y6"t Notary Pubho Stele of New Jersey No 2214608 CERTIFICATION commission Expires June 17 203 Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY "All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company either by the Chairman or the President or a Moe President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary under their respective designations The signature of such officers may be engraved, printed or lithographed The signature of each of the following officers Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the sal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile awl shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached " I Kenneth C Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (1) the foregoing extract of the By -Laws of the Companies Is true and correct (11) the Companies are duty licensed and authorized to agreed surety business In all 50 of the United States of America and the District of Columbia and are aullarized by the U S Treasury Department, further, Federal and Vigilant are licensed in Puerto Rico and the U S Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island, and (ill) the foregoing Power of Attorney Is true, correct and In full force and effect Given under my hand and sails of sold Companies at Warren, NJ this 10 day of November, 1999 *00 Kenneth C Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 003-3485 Fax (908) 903-3656 e-mail suretyQchubb oom Form 15IM220 (Ed 1 NON -CONSENT 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 and provided herein If an apparent low bidder fails 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 liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is prunary to any other insurance available to the additional insured with respect to clauns 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 read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE IO DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" • Should any of the required insurance 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 arising during the contract term which give rise to claims made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate Imut providing for clainis investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted [XI A General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 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 policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy 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 in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits 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 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 Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times 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 in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with ltnuts not less than per claim 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 -Risk 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 [ ] Additional 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 in the "Specific Conditions" of the contract specifications ATTACHMENT 1 [xj Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the 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 includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends 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 certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends 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 in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide 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 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 entity in writing by certified mail 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 providing 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 J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity Pecan Creek Sanitary Sewer Vacation Village BID TABULATION SHEET Work Days 60 Bid No P O No Item Description uantil Unit Unit Pnce Total Item Description nanut Unit Unit Price Total 121 2 12 9-D Contractors Warranties & Understanding 18"-0 5" Thick Steel Sanitary Sewer - Epoxy Lined I 80 LS LF $ 39QD - /LF $ 2_55 - /LF $ Cqo - $ 20 Fusion Bonded 2 12 14-A 12" Sanitary Sewer Gravity, SDR 26 40 LF $ l 5o /LF $6 000 - 2 12 14-B 18" Sanitary Sewer Gravity, SDR 26 20 U $ 1 8Q" /LF $ 3 3 3 3 7 Unclassified Excavation Compacted Fill 60 10 Cy CY $ 1 5 /Cy $ 20- /CY $9m- $ 2co- 3 12 Temporary Erosion Control I LS $ 38cn - IS $5eCk!� 7 6-A-1 Concrete Manhole (5' Internal Diameter) 4 EA $ a /EA $ l 2 oo,::>- 7 6-B-2 SP-10 SP-37 SP-39 SP-40 Reinforcing Piers - 18" Sanitary Sewer Rock Excavation Excavation Protection Plug the Proposed 18" Sanitary Sewer Cut and Plug Existing Sanitary Sewer 60 15 140 2 2 LF Cy LF EA EA $ I A -M /LF $ 1 5- /Cy $ I D— /LF $ i%D /EA $ 2-co /EA $85AO- $ 225 $ J IL4co $ 320 - s4ca7 SP-41 Remove Sanitary Sewer 105 LF $ (o- /EA $ (o SP-72 Geotechntcal Ues�gn 1 LS $ 2S $5' subtotal IOIAL BID PRICE IN WORDS F_J TY �tJ�4 Dn�.4+�s JiNa t� P3 AMPIRI ® MMondllwseeaKdree enhaw Insurance, Min Ave, Site IM Dabs TX 75M INSURED Oscar Ronda Contracting, lea. so Benson lane ROaltoks TX 70M A A A C INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM L CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUF EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS POLICIES BELOW — - - - -- - COMPANIES AFFORDING COVERAGE d ���-'i � 1 I ; COMPANY A Unbd PaI6 tit Co LETTER CONIPMLETTERY B Texas WoolowsComp. but. LE�TTEERR Y C A6ay Insurance Co. '_ COMPANY D _ LETTER OOMPAIY E-- LETTER OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIOH THIS ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUImBi DATE (MMODAY) DATE OAMMI W , e0MA UAmm EJ2b2AB82 03/01/99 03/01/00 OEiEF X I COMMERCIAL GENERALS LIABILITY p I CLAMS MADE I A IOCCUR P J OWNERS M CONTRACTOR'S PROT EACH X JPER PROJECT AGGREGATE ^_ RREC D�gallEtlABIu1Y MED I �A EH3005915 03/01/09 03/01/00 COLM ]ANY AUTO LIMIT _ ALL OMINEO AUT06 BODILY X SCHEDULED AUTOS (AN pN X MIRED AUTOS 9001LY X NON OWNED AUTOS (Pw wr 1 GARAGE LIABILITY PROPEI EXCFES LIABILITY -- SX3005483 03/ 11100 EAC11< 03/01/gB X UMBRELLA FORM - A7DeduCc OTHER THAN UMBRELLA FORM WORKERS COTE'ENSAIWN______»_,_.._.__.�_MID TSF0001076214 03/01/99 03/01/00Ba'IAYERS' LIABILITYInhand Marine/Equlpmeall SM15305 03/01/99 03/01/00 POLCY Bi�11WE ExPIMTNNI Laara AL ADRRELITE CTeCOMWOP AGOJAL MADV INJURY )CCURRERCE AGE (AKPEISE (Wry as ps ED SINGLE INJURY wn) INJURYOne TY DAMAGE 'ATE 1.000,000 1,000,000 1o,00p,000 CCIDENT i1,000,000 E POLICY LMIT S 1,000,000 E EACH EMPLOYEE 1$ 1,000,000 ne Occurrence 3,000,000 ne Item 500,000 tlble 5,000 MM OFOPfA710NRAPCA�IIf Clt of Denton, its Of hclBls, A ante ap Employees volunteers are additional Insureds on the general liability and auto Ila IIIty policies Waiver of Su9rogallon In favor of same parties applies to the Workers' Compensation policy Above policresare primary as respects to all operations of the named Insured Cancellation provision shall read^ Should any of the above described policies be cancelled, noorenswed or notarially changed (10) Ten days notice for non payment of premium will ranaln unchanged TON P mhouding ITY OF EDept 9018 Texas Street Dentin TX 76201 EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENNUMI DWOODDIM MAIL —NO 'DAYS WRITTEN NOTICE TO THE CERTIFICATE HO R NAMED TO THE LEFT, B x aexvvv LMondin \-- . ^ N '