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Home My WebLink About1998-033ORDINANCE NO 9&-w AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF EVERS PARK T-BALL FIELD LIGHTING TO TRICO ELECTRIC, INC IN THE AMOUNT OF $69,000 00, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2168 — EVERS PARK T-BALL FIELD LIGHTING PROJECT FOR $69,000 00) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in 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 bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S C TION I 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! Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2168 TRICO ELECTRIC, INC $ 69,000 00 SACTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in 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 SSFCTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, 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 herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Lf day of ,1998 JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY � //FJ. ZA-, 2168 O'C NTRACT ORDINANCE TABULATION SHEET BID # 2168 CBS GOIN WALDRUM BID NAME EVERS P ARK T-BALL FIELDS MECHANICAL ELECTRIC LIGHTING & LIGHTING PROJECT SIGNS DATE 5-Feb-98 # DESCRIPTION VENDOR VENDOR VENDOR BASE BID $72,000 00 $82,024 00 $87,994 00 BID BOND YES NO YES CONTRACT AGREEMENT STATE OF TEXAS § q COUNTY OF DENTON § CAI THIS AGREEMENT, made and entered into this 17 day of PF.RRUARY A.D., 1998 , by and between PTTY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and TRICO ELECTRIC. INC P.O. BOX 1554 AZLE, TX 76098 of the City of AZLE , County of PARKER 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: BID #2168 - EVERS PARK T-BALL FIELD LIGHTING PROJECT in the amount of $69,000 00 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, in 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 accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. 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. 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. 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 wr ten. APPROVED AS TO FORM: AAA01840 Rev. 04/05/96 CA- 3 TRICO ELECTRIC, INC CONTRACTOR P 0 BOX 1554 AZLE, TEXAS 76098 MAILING ADDRESS 817-444-5371 PHONE NUMBER 817-444-0571 FAX NUMBER BY PRESIDENT TITLE GARY MENZIES PRINTED NAME (SEAL) FORM OF PROPOSAL DATE 2-5-98 PROJECT BID rY 2168 EVERS PARK T-BALL LIGHTING PROJECT EVERS PARK, 3300 EVERS PARKWAY, DENTON, TEXAS PROPOSAL OF TRICO ELECTRIC, INC (hereinafter called "Bidder"), TRICO ELECTRIC, INC a corporation, TRICO ELECTRIC, INC a partnership, an individual doing business as TO CITY OF DENTON % PURCHASING AGENT 901-B TEXAS STREET DENTON, TEXAS 76201 The Bidder, in compliance with your Advertisement for Bids for the above referenced project, having beconie thoroughly familiar with the terms and conditions of the proposed contract documents and with local conditions affecting the performance and cost of the work at the place where the woik is to be completed and having fully inspected the site in all particulars, hereby proposes and agrees to fully perform the work with 70 calendar days upon Notice to Proceed, and instrict accordance with the proposed contract documents, for die following sum of money BASE BID; SIXTY NINE THOUSAND AND N0/100 DOLLARS ($ 69,000 00 ) The Bidder further proposes and agrees to commence work under dus contract within ten (10) days after the date established in a written Notice to Proceed and to fully complete all work theheunder as set forth in the Form of Proposal PARKADMIEIDIEVERSCONCESSION 113 - 4 The Bidder further agrees, and acknowledges that the followmg addenda have been received and that the portions pertaining to the section(s) that he is bidding on have been incorporated into tlus proposal No One, dated No Two, dated No Three, dated No Four, dated Signed and notarized affidavit form is attached Respectfully submitted (If corporation, attest and Af6onzed Si afx a Corporate Seal) PRESIDENT Title For TRICO ELECTRIC, INC By STATE OF TEXAS - CHARTER #0110518100 Name of Contracting Firm Bidder's Corporate Charter P 0 BOX 1554 AZLE, TEXAS 76098 Address 817-444-5371 Telephone Page 2 of 2 ihitirr 1 exas Family Code, section 14 $2, a sole proprietorship, partnership, corporation, or other entity In which s i role proprietor, partner, a majority shareholder of a corporation or an owner of 109E or more of another business entity H 10 do) s or more delhu)uenl in pa) ing child support under a court order or a written repayment agreement is not eligible to bid on or rectite a state contract. I comply with settlon N 32, the affidavit below must be signed b) the person who is authorised to sign and submit a bid oil behalf of a business entity that Is subject to section 14 52, and thereby bind the bidder the affidavit must be returned with this bid. ANY CORPORATION, INCLUDING A NON-PROFIT CORPORA1ION, 1IIAT DOES NOT HAVE A MAJORITY SHAREHOLDER WHO IS A NATURAL PERSON CAPABLE OF BEING A CHILD SUPPORT OBLIGOR, AND GOVERNh1ENTAL ENTITIES ARE NOT SUBJECT TO SECTION 14.52 OF THE TEXAS FANIILY CODE IF A BIDDER IS SUCH A CORPORATION, PLEASE CHECK BELOW. Corporation without Natural Person -Majority Shareholder ❑ AFFIDAVIT FAILURE OF AN ENTITY SUBJECT TO SECTION 14.52 OF THE TEXAS FAMILY CODE TO SIGN AND RETURN THIS AFFIDAVIT WITH THIS BID WILL RESULT IN THE DISQUALIFICATION OF THE BID. I GARY MENZIES, PRESIDENTam authorized to sign this bid on behalf of TRICO ELECTRIC, INC (Naine and 1 ale) (Name of Bidder) a CORPORATION I certify that no (type of business i e , sole proprietorship, partnership, corporation or other) (sole proprietor for sole _ MAJORITY SHAREHODER FOR A CORPORATION proprietorship or partner for a partnership, or majority shareholder for a corporation or 10% or more owner for other entit) ) is 30 days or inive delinquent in child support payments required by court order or written repayment agreement 2-5-98 / "�— Date alure �/ SWORN AND SUBSCRIBED to before nee the undersigned notary on FEBRUARY 5 19 98 11kh-L4 ( r% fiyLl& olary Signature 300cm.gall.2-26-98 Cheryl Nicklas Notary Public STATE OF TEXAS (SEAL) IF AFFIDAVI r IS REPRODUCED OR FAXED, 711E NOTARY SEAL MUST BE LEG III LE TO BE CONSIDERLD. 8/ 16/94 BOND NO. TX 3823930 00 PERFORMANCE BOND THE STATE OF TEXAS *614Qf!tCORI KNOW ALL MEN BY THESE PRESENTS That TRICO ELECTRIC, INC, whose address is P O BOX 1554, AZLE, TX 76098, hereinafter called Principal, and UNIVERSAL SURETY OF AMERICA , 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 into 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 NINE THOUSAND and no/100 -- ($69,000 00) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages ansng 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 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 98-033, with the City of Denton, the Owner, dated the 17 day of FEBRUARY A D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2168 — EVERS PARK T-BALL FIELDS LIGHTING PROJECT 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 reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon tlus 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 ansing 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 17 day of FEBRUARY, 1998 ATTEST PRINCIPAL i TRICO EIACTRIC, INC. BY SE BY — C TAR / , RESIDENT ATTEST BY UNIVERSAL SURETY OF AMERICA BY lk4.,,�Z 4.dt1J ATTORNEY -IN -FACT PAULINE L LESCH The Resident Agent of the Surety in Denton County, Texas for delivery of notice and si-rvice of the processes NAME PCL CONTRACT BONDING AGENCY STREET ADDRESS 206 ELM ST., #105, LEWISVILLE, TEXAS 75057 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a en rson's name ) PERFORMANCE BOND - Page 2 BOND NO. TX 3823930 00 .. 041C THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That TRICO ELECTRIC, INC, whose address is P O BOX 1554 AZLE, TX 76098, hereinafter called Principal, and UNIVERSAL SURETY OF AMERICA , 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 furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of SIXTY NINE THOUSAND and no/100-- ($69,000.00) 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 98-033, with the City of Denton, the Owner, dated the 17 day of FEBRUARY, A D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2168 — EVERS PARK T-BALL FIELD LIGHTING PROJECT 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 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 PAYMENT BOND - Page 1 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 suretyslup, 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 17 day of FEBRUARY 1998 ATTEST PRINCIPAL TRICO ELECTRIC, INC. BY BY SECRETARY PRESIDENT ATTEST SURETY UNIVERSAL SURETY OF AMERICA BY C BY VgEhZg&dxrt/ _ ATTORNEY -IN -FACT PAULINE L. LESCH The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processes NAME PCL CONTRACT BONDING AGENCY STREET ADDRESS 206 ELM ST., #105, LEWISVILLE, TEXAS 75057 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a erp son's name ) PAYMENT BOND - Page 2 UNIVERSAL SURETY OF AMERICA IMPORTANT NOTICE To obtain information or make a complaint You may contact Sam Sicola, Vice President of Operations, whose direct dial number is 713-722-4660 You may also fax us information at 713-722-4601 You may also call Universal Surety of America's toll -free telephone number for information or to make a complaint at 1-800-392-9697 You may also write to Universal Surety of America at P O Box 1068, Houston, Texas 77251-1068 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-262-3439 You may also write the Texas Department of Insurance P O Box 149104, Austin, Texas 78714-9104 Fax #512-475-1771 PREMIUM OR CLAIMS DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the company first If the dispute is not resolved you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document 950 Echo Lane Suite 250 Houston, Texas 77024 713 722.4600 Fax 713.722-4601 Mailing Address PO Box 1068 Houston, Texas 77251 1068 UNIVERSAL SURETY OF AMERICA P 0 BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Agmy nferniation PCLlInsuran GPAu 8003225 TX 3823930 00 PCL Insurance Agency, Inc i Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its pncipal office in Houston, Texas, does by these presents make, constitute and appoint Gary Matula Clem F Lesch Pauline L Lesch Steven 3 Zinecker of Lewisville and State of Texas its true and lawful Attorney(s) in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Bonds not to exceed $250,000 00 unless such is accompanied by letter of authority signed by the President, Secretary or Executive Vice President of Universal Surety of America and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-m Fact may do within the stated limitations, and such authonty is to continue in force until 12/31/1999 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 1 lth day of July, 1984 'Be It Resolved, (hat the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) in Fact to represent and act for and on behalf or the Company " "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsitnihe to any power of attorney of the corporation, and that such printed facsimrhe signature and seal shall be valid and binding upon the corporation " In Witness Whereof, Universal Surety of America has caused these presents to be signed by Its President, John Knox, Jr and its corporate seal to be hereto affixed this 30th day of September, A D ,1996 ^""".ro UNIVERSAL SURETY OF AMERICA �eRrr� �"hd State of Texas 1 as S as. ` 0�3� roar �f Jo ioz 7r V Prevden[ County of Harris On this 30thl day of September, In the year 1996, before me, Rhonda Kay Wilke, a notary public, personally appeared John Knox, Jr, personally known to me to be the person who executed the within Instrument as President , on behalf of the corporation herein named and acknowledged to me that the corporation executed it L/t/)Nota Public ry 4 I, the undersigned Secretary of Universal Surety of America hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect GIVFN under my hand and the seal of said company, at Houston, Texas, this 1 7 th day ofFebruary . 19-9-6- Assistant Secretary Any instrument issued in excess of the penalty stated above is (orally void and without any validity For verification of the authority of this power you may telephone (713) 722-4600 3926-3975/050 f< t t , s F :t <_ ttst t F tFij F' F' F t Ii>{II`, fl 3 1 ii s # t islli' rfsflf :3 r< 1 F 3 DATE IM MIODIYYI ;2sf Ef)�i[' s srrr r >s�>f# #`# #£ < ii,, 02/27/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HIGGINBOTHAMI 6 ASSOC., INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. BOX 908 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Port Worth, 11X 76101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY ASafeco Insurance Cos. INSURED COMPANY Trico Electric Inc. BZENITH INSURANCE COMPANY P.O. Box 1554 COMPANY Azle, TX 76098 C COMPANY D{{ qq EE ff ff ff ff {{ffff jffffff ffF ff ff fff ffff f( t 3 I? 3 ? THIS 18 TO CERTIFY THAT THE POUCIES OF INSURIWOE UBTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEROD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRBED HEI M IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAD CLAIMS CO LTR TYPE Of INSURANCE POLICYNUMBER POLICYEFFECTIVE DATEIMMID DIYR POLICY EXPIRATION DATEIMMIODIYYI LIMITS A GENERAL LIABILITY CP9301464 08/01/97 06/07/98 GENERAL AGGREGATE $2 000 000 PRODUCTS COMPIOPAGG t2,000,000 X MMHERCIALQENERAL IABILITI CLAIMS MADE ❑X OCCUR PERSONAL& ADV INJURY S1,000,000 WNERSACONTRACTORS PROT EACHOCCURRENCE tl OOO 000 FIRE DAMAO E(Anywe fire) S50 000 MEO EXP(Anyweptmwl S5 OOO A AUTOMOBILE LIABILITY BA9301464 06/07/97 06/07/98 COMBINEDSINGLE LIMIT $1,000,000 X ANYAUTD BODILY INJURY f ALL OW N ED AUTOS SCHEOULEDAUTOS (Per PAr,m) BODILYINJURY t HIREDAUTOS NON OWNEDAUTOS (Per moldent) PROPERTY DAMAGE S GARAGE LIABILITY AUTOONLY EAACCIDENT f OTHER THAN AUTO ONLY ANY AUTO EACHACCIDENT ` S AGGREGATE S A EXCESSLIABILITY ALPP74259 08/30/97 08/30/98 EACH OCCURRENCE $1 000 000 AGOREGATE S1,000,000 X UMBRELLAFDRM S OTHER THAN UMBRELLA FORM I B WORKERS COMPENSATION AND ZN00054302 05/01/97 05/01/98 STATUTORY LIMITS a `tip < EACHACCIDENT EMPLOYERS LIABILITY $I 000-FOOO THEPROPRIETOR/ INCL DISEASE POLICYLIMIT 61,000,000 PARTNERSJEKEOUTIVE OFFIOERSARE X EXCL DISEASE EACH EMPLOYEE t1 00O 000 A OTHER Contractors CP9301464 08/29/97 06/07/98 $75,000 Limit Equipment Deductible $250 DESCRIPTION OF OPERATI NBILOCATIONSIVEHIOLESISPEOIAL ITEMS SHOU LD ANYOF THEASOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E City of Denton EXPIRATION DATETHEREOF THE ISSUING COMPANYWILL ENDEAVOR TO MAIL Attn: Bob Tickner J0— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 321 East McKinney BUT FAILURE TO MAIL SUCH NOTICES HALL IMPOS ENO OBLIGATION OR LIABILITY Denton, TX 76201 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUUTHTHOR�G ED REPENTA 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 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: e 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 e 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 Arr+oosAi aEvum MIM Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses. Is 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 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 thirtyl301 days prior written notice of cancellation, non -renewal or reduction in coverage. • 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 limn providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limns 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, terrrunate this agreement effective on the date of the lapse. APIAM I ssvu® MUM Insurance Requirements Page 3 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: �q A General Liability Insurance: General Liability insurance with combined single limits of not less than _ fS00 00_ on 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 AFFW 1 08Vu® 10112 i Insurance Requirements Page 4 IN Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 5500. 000. —PeRher 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 14 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 26TAC 110 110 of the Texas Worker's Compensation Commission (TWCC). I I Owner's and Contractor's Protective Llability 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 AFFMMI Rsveso 10112w 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 will be at least combined bodily injury and property damage per occurrence with a aggregate I 1 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 I 1 Professional Liability Insurance Professional liability insurance with limits not less than __ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement I 1 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 I 1 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 AFFOMAI REVISED iaiyw Insurance Requirements Page 6 ATTACHMENT 1 Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions: Certificate of coverage ("certifwate"l-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 entry Persons Providing services on the project ("subcontractor" in 1406 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 activrtres 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 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project ArwoMi ssvrs® MUM Insurance Requirements Page 7 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 and 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. AFFUSAi UV= ia1ur insurance requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 111 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a 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 and 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 parson beginning work on the project, and (b) a nsw certificate of coverage showing extension of coverage, prior to the and 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; (8) notify the governmental entity in writing by certified mad 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 Atnasi asv=,a,zw Insurance Requirements Page 9 (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 Oil 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. J KBV= MI Al MAR-03-98 12:52 AM P.02 IDucen %GINSOTBhM 6 ASSOC.P = TTNME AFFQRGED BY THE t'RI�P��- Auk TME O. BOX 909 E CpMPaNIEsePPaR r' Ort V7orth, TX 76101 _ �MIaNr Agafeco insurance CcB._ _ IYRCD-Trica BZENITA INSURAACE CO?�'1 _.--- Electric InC• P.O. Sox 1554 - - - Azle, TX 76098 _ - - - - - - - ODMMKY • NRiii' n(WP SwiYiY]`^Y/iFia-•.. H........ N +' THE POL1nE6 OF INSURANCE LIMM W-0 HAVE REBI IB&1 MWT Ix+ OMER DOCUNOW NTH T EWW T7 WHICH 1NI8 D ND(WI GfMDNe ANY F111% JY TERM ON GRIDmDN W P DEO FWT1ER 18 SUBUECT To ALL THE TBNIIB ATR MAY w� OR WAY rERFAN TNH NSUNANCE APFOMM TIR 7NB/ND ODfIDRIGNsCF aLlGIPDLICO!B WRBSP101Rtt W1YNMIfi_NEB-t 11EDUC®BYPAA CUNAS _ him-ToWLIaYNUMNIR MN1OLICPfFIBaRVB �ONOY BVFRATONI _ OF INBURANOE pA}6(YM(ODI'M DAT!(MM(DOM'I ,...ew..Ye A7.000.000 R, Arnlr nlm�s1j0�0, 000 BA9301464 06/0 197 06/07/98 OOYVINFDfINOIPLIMIT O],�ppO, pOp AUINMONILEL ABILTV _ — X 1ARYA0O — — — ALLDINFBDAUTOO tl0O1LYINJJNT I1=rA 1 O _ OCNEDUI 11DAUmeHIAROAJMS NODII Y NJUNY f raafn8 NON OW%FDAUTOO PIIOHFRTY UAMANF O — AUTO ONIT EA ACOIDFN O s OAOAOHIIAB LITT OTHtATHANAU-OONIY s Ssa ANYAL IO EAcp AAOCIDENT O - _ AOOREDATP l -^ _ ApP74259 08/30/97 08 30 98 FACHOCOUNRDN—OF 611000`000 61 Q00,000. acwlLlAeLITr ARRHL4 2 UPABNHI IA fOHM f IITIIBN HANUM RBLLAPORM ANO 8N00054302 05 01 97 05/01/98 OTA u7ONY L1Y1115 s�000, 00 WORAfRO COMPSNOAT10N EACIAGL DENT RMPLOYCRO LIABIL ►Y 189A0E FOLICY�IM1• 01LOrpOp I HyTry6 INOI DIOfAOF kA IHBMRWkk 01 000 000 PmM•PN 0111ORRO A9R X it o1HRR Contractors CP9301969 Q8 J29/97 06 07 98 $75F00 Lim IAeduotible t $250 quipment Id oHereH,aLwrePcclAL rfMe lfler is listed as additional insured with respect to the ity policy. (_ ONOULD ANYOP TMOAeOV C POSCR D60 POL CI CO OO CANCRLL90 BRFOP6 TNT City 'DE Denton MRANON CATBTRIRBOF TH61BSU'NO OOMPANVWILL funSAVOR TO MAR Att[tt Bob Tiakner 3D_wY6WRT*u+NDTaeFT roTxeeewnfeATBNeIoeRNAMBoroTNelI 321 Enit+t McKinney BUT FA.LURE TO MAIL NCN NDT CPBMALL IMP�BNODBVOAYON OR I#B417T OP I U N T OD NN TA R Denton, TX 76201 AUTHORIZEORBF10�L11TA� _