HomeMy WebLinkAbout1994-080ORDINANCE NO. /ll-oeo
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
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:
SECTION 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
1624 DUSTROL INC. J��,EXHIBIT A
SECTION 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.
SECTION 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 ��day of ,1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP12nVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BID # _--- - 1624
BID NAME STREET MAINTENANCE
EQUIPMENT RENTAL
OPEN DATE APRIL 21, 1994
DUSTROL
#
D CHI TIO F
---VENDOR--]
1.
PER DAY
HEATER -TRUCK MOUNTED, RADIANT
$1,150.00
HEAT, PROPANE FIRED, 12'X24' INSUTA'I'BD
OVEN
1A
EACH
MOBILIZATION CIIARGETO INCLUDE
$200.00
DELIVERY, & PICKUP AS WELL AS
LOADING & UNLOADING AS REQUIRED
2.
PER DAY
HEATER SCARIFER-TRUCK. MOUNT,
$1,250.00
RADIANT HEAT, PROPANE FIRED, 12'X24'
INSULATED OVEN, CARBON TIPPED TEETH
2A
EACH
MOBILIZATION CHARGE TO INCLUDE
$200.00
DELIVERY, & PICKUP AS WELL AS
LOADING & UNLOADING AS REQUIRED
3.
PER DAY
DISTRIBUTION MIXING RF,CYCLER-METER
$1,100.00
IQUID,(2) CARBIDE TOOTH MIXING DRUMS,
EVERSIBLE AUGERS, VIBRATORY SCREEN
3A
EACH
MOBILIZATION CHARGE TO INDICATE
$350.00
DELIVERY, & PICKUP AS WELL AS LOADING
AND UNLOADING AS REQUIRED
4.
PERDAY
"DOWN MACHINE- BARBER GREEN SA150
$1,150.00
OR EQUAL
4A
EACH
MOBILIZATION CHARGE TO INCLUDE
$350.00
DELIVERY & PICKUP AS WELL AS LOADING
& UNLOADING AS REQUIRED.
5.
PER DAY
MILLING MACHINE - TRACK TYPE
$3,750.00
CATERPILLAR 450 OR EQUAL
5A
EACH
MOBILIZATION CHARGE TO INCLUDE
$350.0(
DELIVERY, & PICKUP AS WELL AS
LOADING & UNLOADING AS REQUIRED
6.
PER DAY
MINI- MILL - CATERPILLAR PR75 OR EQUAL
$1,150.0(
WITH 18" DRUM
6A
EACH
MOBILIZATION CRARGETO INCLUDE
$150.01
DELIVERY, & PICKUP AS WELL. AS
LOADING & UNLOADING AS REQUIRED
7.
PER DAY
PICKUP BROOM - MOBIL TE3 OR EQUAL
$B50.0i
7A
EACH
MOBILIZATION CHARGE TO INCLUDE
$150.0
DELIVERY, & PICKUP AS WELL AS LOADING
AND UNLOADING AS REQUIRED.
8.
PER DAY
SUPERVISORS PICKUP (NO MOBILIZATION
$100.0
CHARGES)
VENDOR AGREES TO EXTEND PRICES,
YES
1RRMS & CONDITIONS OF 1111S CONTRACT
TO OTHER CITIES IN 711E DENTON AREA
L-
YES OR NO
EXHIBITA
DATE: MAY 3, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1624 - STREET MAINTENANCE EQUIPMENT RENTAL
RECOMMENDATION: We recommend this bid be awarded to Dustrol Inc. a listed on
the tabulation sheet, Item 1-8.
SUMMARY: This bid is for the annual contract for daily rental of street
maintenance equipment. The daily rate can be prorated to portions of a day and only
equipment actually needed for a project will be utilized.
Dustrol Inc. is the only company to respond due to the fact that we request bids on
the complete list of equipment, on an all or none basis. This "all or none" approach
allows for continuity and compatability of equipment to project. Also the bid
requires qualified operators for each machine and that on -site supervision be
included in the daily rate.
The program has been very satisfactory in the past. The City of Denton furnished
materials and support staff i.e., traffic control, clean-up etc. This concept allows
for utilization of equipment and operators as needed without a major investment in
equipment and personnel.
The bid includes a 1 year extension clause if agreed upon by both parties.
BACKGROUND: Tabulation Sheet
GROUPS AFFECTED: Street Maintenance, Public
FISCAL IMPACT: Funds for these services will come from budget funds, CIP
Funds, and or Bond Funds. Each project will be funded from the appropriate
account.
As a point of reference during the past one year period the City of Denton spent
approximately $230,000.00 on equipment rental from Dustrol Inc.
This obviously will vary from year to year.
CITY COUNCIL REPORT
MAY 3, 1994
PAGE 2 OF 2
spectfully submitted:
�_yV. H
City Manager
A proved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
487.AGENDA
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CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
P
THIS AGREEMENT, made and entered into this
MAY A.D., 1994 , by and between
��NY4'Zi7gli]y`Y1i�55
3
day of
of the County of DENTON and State of Texas, acting
through LLOYD V. HARRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
DUSTROL INC. P.O. BOX 1738, ROANOKE, TEXAS 76262
of the City of
ROANOKE
, County of
DENTON
and State of TES , 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 bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1624 - STREET MAINTENANCE EQUIPMENT RENTAL SEE EXHIBIT A
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
CA - 1
all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications
therefore, as prepared by
CITY OF DENTON
STAFF
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:
(SEAL)
DOSTROL INC.
CONTRACTOR
By SCl16�L•��
Title D. T. Dankert, President
(SEAL)
AAA0184D
CA - 3
BID # ----1624 -- - ; -
BID NAME STREET MAINTENANCE DUSTROL
EQUIPMENT RENTAL
!OPEN DATE APRIL 21, 1994
EXHIBIT A
1.', PER DAY
HEATER -TRUCK MOUNTED, RADIANT
$1,150.00
HEAT, PROPANE FIRED, ITX24' INSULATED
i
OVEN
lAi EACH
MOBILIZATION CHARGE TO INCLUDE
$200.00
DELIVERY, & PICKUP AS WELL AS
LOADING & UNLOADING AS REQUIRED
2. PER DAY
i
HEATER SCARIFER-TRUCK MOUNT,
$1,250.00
RADIANT HEAT, PROPANE FIRED, 12'X24'
!
INSULATED OVEN, CARBON TIPPED TEETH
2AJ EACH
j MOBILIZATION CHARGE TO INCLUDE
$200.00
DELIVERY, & PICKUP AS WELL AS
LOADING & UNLOADING AS REQUIRED
3. i PER DAY
IDISTRIBUTION MIXING RECYCLER-METER
$1 ,100.00
LIQUID,(2) CARBIDE TOOTH MIXING DRUMS,I
!
�tEVERSIBLE AUGERS, VIBRATORY SCREEN
':3A: EACH
! MOBILIZATION CHARGE TO INDICATE
$350.00
DELIVERY, & PICKUP AS WELL AS LOADING
! AND UNLOADING AS REQUIRED
4. PER DAY
LAYDOWN MACHINE -BARBER GREEN SA1501
$1,150.00
OR EQUAL
4X EACH
MOBILIZATION CHARGETO INCLUDE
$350.00
j DELIVERY & PICKUP AS WELL AS LOADING
& UNLOADING AS REQUIRED. !
5. PER DAY
MILLING MACHINE - TRACK TYPE j
$3,750.00
CATERPILLAR 450 OR EQUAL
15A; EACH
MOBILIZATION CHARGE TO INCLUDE 1
$350.00
DELIVERY, & PICKUP AS WELL AS
LOADING & UNLOADING AS REQUIRED
6.: PER DAY
MINI -MILL - CATERPILLAR PR75 OR EQUAL'
i
$1,150.00
WITH 18' DRUM
6AJ EACH
MOBILIZATION CHARGE TO INCLUDE
$150.001
DELIVERY, & PICKUP AS WELL AS
LOADING & UNLOADING AS REQUIRED
7. PER DAY
PICKUP BROOM - MOBIL TE3 OR EQUAL
$850.00
7A; EACH
MOBILIZATION CIiARGE TO INCLUDE 1
$150.00
DELIVERY, & PICKUP AS WELL AS LOADING
AND UNLOADING AS REQUIRED.
8. PER DAY
SUPERVISORS PICKUP (NO MOBILIZATION
$100.00'.
CHARGES)
VENDOR AGREES TO EXTEND PRICES, I
YES
TERMS & CONDITIONS OFTIIIS (,'ON'IRACP
TO OTHER CITIES INTHE HE DENTON AREA
YES OR NO
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
endorse-ments 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
AFF006BA
BEvISED 08/02/93
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.
0 Liability policies shall be endorsed to provide the following:
•• Name as additional insured the City of Denton, its Officials,
Agents, Employees and volunteers.
0 • That such insurance is primary to any other insurance available to
the additional insured with respect to claims covered under the
policy and that this insurance applies separately to each insured
against whom claim is made or suit is brought. The inclusion of
more than one insured shall not operate to increase the insurer's
limit of liability.
All policies shall be endorsed to provide thirty(3O) 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 limit providing for
claims 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.
AFF006BA
REVISED O9102/93
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:
[A A. General Liability Insurance:
General Liability insurance with combined single limits of not less than _
i,000,000shall 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 coverages.
• 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.
AFF006BA
REVISED 08/02/93
Insurance Requirements
Page 4
[x] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than 1.000.000 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.
[ ] 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.
AFF006BA
REVISED 08/02/93
Insurance Requirements
Page 5
[ I 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 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.
[ ] 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.
AFF006BA
REVISED O9/02/93
MM/00/YY)
PliooucEll
WILLIS CORROON CORP OF KS
P. O. Box 2697
4/25/94
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
Wichita, KS 67201-2697
COMPANIES AFFORDING COVERAGE
316-264-5311
LETTER A
U. S. Fire Insurance Co.
COMPANY
LETTER B
St. Paul Fire &Marine Ins.
INSURED
Dustrol, Inca
P. O. Box 309
COMPANY
LETTER C St. Paul Mercury Ins. Co.
Towanda
COMPANY
LETTER D **Cane. Provision is 30 days
KS 67144-0309
COMPANY
LETTER E Except 10 for Non—Payt.** dmh
�i Q S S ♦ >S:f ,. S} S>e
.; ... .. `.k" « ..:.:».:«....< ......<.: v .Y �<...r.>.« ...:>%"u;«, .
$m:.U.a�%.D�•:. > "da+Ma��i" . : Y ..:oM'4):
.., a. ...a . .... "�;:.........._<« m.«.a v .. k;?;�.:,•:....«<.:«« :«.:4.>t<m<>ya:�:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
PGUCYNUMBER
POLICYEFFECTIVE
POUOYEXPIRATIO
L MRs
GATE (MM/OD/YY)
OATE(MM/00/YY)
GENERALLIABILITY
GENERAL AGGREGATE
S 2,000,000
X
PRODUCTS-COMPYOP AGG.
S 2,000 ,DOD
B
COMMERCIAL GENERAL LIABILITY
KK08000344
5/01194
5/01/95
CLAIMS MADE F x] OCCUR.
PERSONAL & ACV. INJURY
S 1 ,000 ,000
EACH OCCURRENCE
$ 1 ,DOD ,DOD
OWNER'S & CONTRACTOR'S PROT.
X
Contractual
FIRE DAMAGE (Any one Ural
$ So'000
Liability
MED. EXPENSE (Anv one person
S 5 , 000
B
AUTOMOBFELNUILITY
ANY AUTO
KKOB000344(OTHER
THAN5/01/94
5/01/95
COMBINED SINGLE
LIMIT
S 1,000,000
X
BODILY INJURY
(Per person)
S
C
ALL OWNED AUTOS
SCHEDULED AUTOS
KKO9100037-1 (TEXAS
A
5/01/94
5/01/95
X
BODILY INJURY
S
HIRED AUTOS
X
NON -OWNED AUTOS
IPer accident)
PROPERTY DAMAGE
I S
GARAGE LIABILITY
EXCESS LIABILITY
EACH OCCURRENCE
s 2,000,000
AGGREGATE
s 2,000,000
A
X UMBRELLA FORM
553012452-9
5/01/94
5/01/95
OTHER THAN UMBRELLA FORM
B
WORKERS COMPENSATION
AND
WVABOOD704
5/01/94
5101/95
STATUTORY LIMITS
EACH ACCIDENT
s 500,000
DISEASE -POLICY LIMIT
S 500,000
EMML PLOYERS'LBRY
DISEASE -EACH EMPLOYEE
S 500 ,000
OTHER
DESCRIPTION OF OPERATIONSLOCATIONSYYEHICLESISPECIAL ITEMS
Cart. Holder is Add'l. Insd. on Gen. Liab, & Business Auto. (Primary Endt.
applies to Gen. Liab. only) Waiver of Subrogation applies to Work. Comp. as
regards Bid #1346, StreetMaint, Equip. Rental
K�
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
City of Denton, Texas'*.
MAIL 30 DAYS WRITTENNOTICETO THECERTIFICATEHOLDERNAMEDTOTHE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
rchasing Agent
g€ LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
SJ1—B Texas Street
Denton, TX 76201
AllrliORIgDREPRESENTATIVE 030664000
CLIENT CONFIRMATION COPY
r : • : �� :. :Ti).1�7
STATE OF TEXAS S Bond 02505907
COUNTY OF DENTON $
KNOW ALL MEN BY THESE PRESENTS: That DUSTROL INC.
of the City of ROANOKE
County of DENTON , and State of TEXAS
as PRINCIPAL, and RELIANCE NATIONALLINDEMNITY COMPANY
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of FIFTY THOUSAND and no/100-----------
Dollars ($ 50,000.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 3 day of MAY ,
19 94 , for the construction Of BID #1624 - STREET MAINTENANCE
EQUIPMENT RENTAL
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Article 5160 of the Revised Civil Statutes of
Texas as amended by acts of the 72nd Legislature, Regular Session,
1991, and all liabilities on this bond shall be determined in
accordance with said provisions of said Article to the same extent
as if they were copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, 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 the plans,
specifications, or drawings accompanying the same, shall in any way
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.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 18th day of May ,
1994
DUSTROL INC
Principal
Title D. T. Dankert. President
Address • P0 -a01C a-�q
io C
(SEAL)
RELIANCE NATIONAL INDEMNITY COMPANY
Surety
M Elizabeth Swinicki
Title Arrnrney-in-Fact
Address: P 0 Box 2697
Wichita, KS 67201
.. . /. /,I &&IV2
Tx R6riaanf Agent Countersignature
(SEAL)
The name and address of the Resident Agent of Surety is:
Charles W McIntosh
2 Lincoln Centre, 5420 LBJ Freeway, Suite 1400, Dallas, TX 75240-2652
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
PB - 2
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and coals do hereby make,
constitute and appoint David W. Dolker, Donald D. Deutsch, Robert H. Curry, Mark R. DeWitt, Wilma A. Flattery, M. Elizabeth Swinickl., of
Wichita, Kansas their true and lawful Attorney(s)-In-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any
and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings
and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of
such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to (a), appoint Attornsy(t)-in-Fact and to authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof, and (b) to remove any such Attorneys) -in -Fact at any time and revoke the power and authority given to them.
2. Attorney(s)-in-Fact shall have power and authority, subject to the tome and limitations of the Power of Attorney issued to them, to
execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof.
3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts
of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance
Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity
Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of
Reliance Surety Company by Unanimous Consent dated as of March 31, 1994.
"Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of
Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by fac-
simile signatures and facsimile seal shell be valid and binding upon the Company, in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this April 1, 1994.
7zA1.,
�aI Syln fie. IV
STATE OF Pennsylvania }
COUNTY OF Philadelphia } ea.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
On this, April 1, 1994, before me, Valencia Wortham, personally appeared Charles B. Schmalz, who acknowledged himself to be the Executive
Vice President of the Reliance Surety Company, and the Vice President of Reliance insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
NOTARIAL SEAL
ay
�>?
VALENGIA WORTHAM, No Public
City of Philadelphia. Phila, County+
OF
n nQ J
M mmissbn Expires Nov, 18. 19"
Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1_8ta6y of May 19 94 ,
o,{r"•, � y` r vIGL/ t y pL. Secretary
" t u.a.t
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
endorse-ments 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
AFF006BA
REVISED 08/02/93 CI - I
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.
• 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 thirty(30) 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 limit providing for
claims 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.
AFF006RA CI - 2
REVISED O8/02193
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:
(A A. General Liability Insurance:
General Liability insurance with combined single limits of not less than _
i.000.000 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess 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 coverages.
• 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.
AFF006DA
REVISED 08/02/93 CI - 3
Insurance Requirements
Page 4
bd Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than I,000,000 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.
[ ] 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.
AFF006BA
REVISED 09/02/93 CI- 4
Insurance Requirements
Page 5
[ ] 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 limits 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.
AFF0068A
REVISED O8/02193 CI - 5
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