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HomeMy WebLinkAbout2001-288ORDINANCE NO 40121-1!7/ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR PUBLIC WORKS FOR MISCELLANEOUS AND/OR ONE TIME CONSTRUCTION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2693 — INDEFINITE QUANTITY CONTRACT (TERM) GENERAL CONSTRUCTION AWARDED TO PATTON CONTRACTORS, INC, DALLAS, TX FOR AN ESTIMATED ANNUAL EXPENDITURE UP TO $750,000) 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 2693 Patton Contractors, Inc $750,000 SSECTION 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 XI PASSED AND APPROVED this the day of ;0W &J'h-C.J A04- EULINE BROCK, MAYOR ATTEST, JENNIFE,R WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HE] 2693 - ATTACHMENT TABULATION SHEET BID # 2693 Date 7/31 /01 INDEFINITE QUANTITY (TERM) CONTRACT GENERAL CONSTRUCTION No I oty I D SCRIPTI N VENDOR VENDOR VENDOR VENDOR OWEN PATTON VAUGHAN AVALON GENERAL COMMERCIAL CONTRACTORS C CONSTRUCTION CONTRACTORS CONSTRUCTION INC INC INC Principle Place of Business DALLAS, TX DALLAS, TX CARROLLTON, TX DALLAS, TX BASE BID - NORMAL -17% +20% -10 5% +1 % 1 WORKING HOURS BASE BID - AFTER -17% +45% +25% +3% 2 HOURS OPTION YEAR 1 - NORMAL WORKING -17% +25% -10 5% +3% 3 HOURS OPTION YEAR 1 - -17% +50% +25% +3% 4 AFTER HOURS OP ION YEAR 2 - NORMAL WORKING -17% +30% -10 5% +2% 5 HOURS OPTION YEAR 2 - -17% +55% +25% +3% 6 AFTER HOURS ADDENDUM 1&2 YES YES YES YES 7 BID BOND YES YES YES YES GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT JUNE 29, 2001 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 21" day of August A D , 2000, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Patton Contractors Inc 1200 Main Street Suite 710 Dallas TX 75202 of the City of Dallas, County of Dallas and State of Texas hereinafter termed "CONTRACTOR" Bid 2693- Indefinite Quantity (Term) Contract- General Construction 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 in each delivery order 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in 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 Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract CA-1 GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINtTE QUANTITY CONTRACT JUNE 29, 2001 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 GENERAL CONSTRUCTION BID #2693 INDEFINITE QUANTITY CONTRACT CITY OF DENTON JUNE 29, 2001 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST ` CA-3 O BY/ (� i (SEAL) Patton Contractors, Inc CONTRACTOR 1200 Main Street, Suite 710 Dallas, Texas 75202 MAILING ADDRESS (214) 752-2539 PHONE NUMBER (214) 752-0574 FAX NUMBER PRINTED NAME (SEAL) GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT JL NE 29, 2001 PERFORMANCE BOND BOND#266148 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Patton Contra tc orc Inc whose address es, 1200 Main Street Ste 710 Da11ac TPYaC 7SM2 hereinafter called Principal, and, Fmpinyerc Mntuat raaialty Company a corporation organized and existing under the laws of the State of Iowa 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 nne Hundred Thousand a nn1100 DOLLARS ($ 100,000 00 ) 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, 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 2001-288 , with the City of Denton, the Owner, dated the 21" day of August AD 2001, a copy of which is hereto attached and trade a part hereof, for Bid #2693 City of Denton, Indefinite Quantity (Term) Contract General 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 PB-1 GENERAL CONSTRUCTION BID #2693 INDEFINITE QUANTITY CONTRACT CITY OF DENTON JUNE 29, 2001 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 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 _ day of _ cop ember I Mal ATTEST BY J�J QLJ ao��_ SECRETARY BY ATTEST BY PRINCIPAL PATTON CONTRACTORS, INC SI N 1 SURETYEMPYE MUTUAL i6S)ALTYCOMPANY GENERAL CONSTRUCTION BID #2693 INDEFINITE QUANTITY CONTRACT CITY OF DENTON JUNE 29, 2001 The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Lucien Wright Insurance Agency STREET ADDRESS 1200 W Freeway. Suite 200 Fort Worth Texas 76102 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) PB-2 GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT JUNE 29, 2001 BOND#5266148 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That,pattnn Contractors, Inc whose address is, 19nn Main Strppt Sta 710 Dallas Texas 75202 hereinafter called Principal, and . Employers Mutual Casualty Company a corporation organized and existing under the laws of the State of Iowa 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 One Hundred Thousand & 00/ 100------------------- DOLLARS ($ inn non no ) 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 2001-288 , with the City of Denton, the Owner, dated the 21" day of August A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2693 City of Denton, Indefinite Quantity (Term) Contract General 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 tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT JUNE 29, 2001 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 11th day of —September 2001, ATTEST BY )�J SECRETARY ATTEST BY 1��� PRINCIPAL SURETY 1 tJ a 'o" MIS 0 • -� X �f'-]N-FACT •WOOTEN The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is STREET ADDRESS 1200 W Freeway. Suite 200 Fort Worth TPxec 7610 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) EMC Insurance Companies Not 4 5 3 3 9 0 P O Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that 1 Employers Mutual Casualty Company, an Iowa Corporation 5 Dakota Fire Insurance Company, a North Dakota Corporation 2 EMCASCO Insurance Company, an Iowa Corporation 6 EMC Property & Casualty Company, an Iowa Corporation 3 Union Insurance Company of Providence, an Iowa Corporation 7 The Hamilton Mutual Insurance Company, an Ohio Corporation 4 Illinois EMCASCO Insurance Company, an Illinois Corporation hereinafter referred to severalty as "Company" and collectively as "Companies" each does by these presents make constitute and appoint LISA L SMITH, CARROLL W COLLINS, MARY JANE WOOTEN, SHIRLEY CARPENTER, TAMMY MILLER, INDIVIDUALLY, FORT WORTH, TEXAS Its true and lawful attorney in fact with full power and authority conferred to sign similar nature as follows IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS seal and execute its lawful bonds undertakings and other obligatory instruments of a ($10,000 000 00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed The authority hereby granted shall expire April 1, 2002 unless sooner revoked AUTHORITY FOR POWER OF ATTORNEY This Power of Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held In 1999 RESOLVED The President and Chief Executive Officer any Vice President the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys in fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto bonds and undertakings recogmzances contracts of indemnity and other writings obligatory in the nature thereof and (2) to remove any such attorney in fact at any time and revoke the power and authority given to him or her Attorneys in fact shall have power and authority subject to the terms and limitations of the power of attorney issued to them to execute and deliver on behalf of the Company and to attach the seal of the Company thereto bonds and undertakings recogmzances contracts of indemnity and other writings obligatory in the nature thereof and any such instrument executed by any such attorney in fact shall be fully and in all respects binding upon the Company Certification as to the validity of any power of attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company The facsimile or mechanically reproduced signature of such officer whether made heretofore or hereafter wherever appearing upon a cenified copy of any power of attorney of the Company shall be valid and binding upon the Company with the same force and affect as though manually affixed IN JI NESS WHEREOF, the COrOpanies have caused these ggnts to be signed for each by their officers as shown and the Corporate seals to be hereto affixed this 99tt day of M8i'CIl yy_y /J Seals Bruce G Kelley C airman Donald L Cough wer s�o insoNa p;,ec; co of �Pxx ' ",,. of Compames 2 3 4 5 & 6 resident Assistant Secretary o ° ow of Company 1 Vice Chairman and - - CEO of Company 7 SEAL 2 N5, RAN, SEAL 1863 or A,2 ��PNs uaarocF .vaAa, o Q � � SEAL z 0 ,QS b^Ui U4, C11 E SEAL �.0 SOW ES,O�c MUTU � 9 �4 ': ELIZABETH A SCAVO MY COMMISSION EXPIRES p November 1 2002 On this 9th day of March AD 1999 before me a Notary Public in and for the State of Iowa personally appeared Bruce G Kelley and Donald L (.oughennower who being by me duly sworn did say that they are and are known to me to be the Chairman President Vice Chairman and CEO and/or Assistant Secretary respectively of each of The Companies above that the seals affixed to this instrument are the seals of said corporations that said instrument was signed and sealed on behalf of each of the Companies by authority of their respec6+e Boards of Directors and that the said Bruce G Kelley and Donald L Coughennower as such officers acknowledge the execunon of said instrument to be the voluntary act and deed of each of the Companies My Commission Expires November 1 2002 Notary Public in and for ,ne Stale of Iowa " CERTIFICATE I David L Hixenbaugh Vice President of the Companies do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies rid this o r �t Attor u d ur ant t eret March 9, 191 on behalf of �isaL �roitfl, Aarroctor �Vieoefliris,VaryAreto %o aey arpener, ammy I er are true and correct and are still in full force and effect In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this Ail+ day of ,lryof �'I Vice Prasiderl ACORD,e CERTIFICATE OF LIABILITY INSURANCE DATE IMMI20 09/11/0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WrightIns Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lucien 9 y HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1200 West Freeway # 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fort Worth TX 76102-5973 INSURERS AFFORDING COVERAGE INSURED Patton Contractors, Inc INSURER BITUMINOUS CASUALTY _ 1200 MAIN STREET INSURER TEXAS WORKERS COMP INS FUND_ _ SUITE #710 1 INSURER DALLAS, TX 75202 INSURER 214-752-2539 INSURER OVERAGES V 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSPOLI_ INSR TYPE OF INSURANCE POLICY NUMBER DATE IM IDOCME PDAIE MMPIO I LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F OCCUR CLP3103252H 01/20/01 01/20/02 EACH OCCURRENCE S 1 0 0 0, o 0 o $ 5 0 000 s5f 0 0 0_ _ _ _ S1 000, 00_0 S2 000, 000 FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL SADVINJURY GENERAL AGGREGATE s2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCT$ COMPIOP AGO POLICY F7PRO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea acncen) $ _ BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS $ - HIREDAUTOS NON OWNED AUTOS BODILY INJURY (Per caEen) $ PROPERTY DAMAGE (Per amdenl) $ GARAGE LIABILITY I AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG ANY AUTO $ E EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ _ S AGGREGATE $ DEDUCTIBLE S - r —� RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY TSF1101156 10/27/00 10/27/01 WCSTATU ER X TORY IMIT ER s500,000 EL EACH ACCIDENT EL DISEASE EA EMPLOYEE B WC -ONLY COVERS TX EMPLOYEE ,500, 000 EL DISEASE POLICY LIMIT I s500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESMXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS NAME AS ADDITIONAL INSURED THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS 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 OF THE NAMED INSURED "SEE ADDEDUM" BID #2693 ummI Irlasnlc CITY OF DENTON MATERIALS MANAGEMENT DIVISION ATTN CHRISTY A SKIRCHAK 901B TEXAS STREET DENTON, TEXAS 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OSUGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR VfrAl ' 0 1988 ADDEDUM TO CERTIFICATE OF INSURANCE IN FAVOR OF "CITY DENTON" TO INCLUDE THE FOLLOWING UNDER "DESCRIPTION OF OPERATIONS/ LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPEPCIAL PROVISION" TO READ AS FOLLOWS "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 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" 9FP-14-POR7 1P 71 FRnm Tn 94R 749 770P P 007/RR7 8EF-14-2001 FR1 10.59 AM AN CMTIMCATE OF INSVDANcit 9UCA IIYONAANCB AB R8aT8R'fa T� 1N fYNR9T OD TSa (+gggt$IQATS 110T DSA WILL NOT 8& CANCRLBHOLIXER D DB pT�NY AN Ww��99ii 1'6AM11'PJ.7B�D W17N0 �GLIVLIIVTHII CEtx[SYICA'R� 11LID DfODZ'cBAN 39 D� E� �Ta NAb�D9tiLflYP.HtlT ml NO P:YBNT �W'j1pICAf608IN8O611ACEiD�91V0'YC'1�N�THS CaVBBAGE YA0o1D8n IN ANY POLICY misoThu oestleesl>m STATE FARMMUTUAL aUTOD40H1� uVa11RANC8 COh�ANY �rsm0a»aeloo,° or O BTATEbANMTailsANDCASUAL MC A of petlss,Teo 0 9TaTSF ��ot>1 � �W, 1,m Yovuego m rsaY tar the Yollawine Named homed Pam Camno=3 FROM ROB BRAUN STAT3 FARM FAX 2143486787 Ad&= OfZ;=W humad 1200 Meta St ft 7tO DAnar. Tom 75202 .,...,M %"T&.w,tu. Dmder 8inde'' 8iader 09/06/Ol EPFFRMM DATE OF w��aamSM— ONOF PAGE 3 L ADDdrY OoyZRpOg ® YM o NO n Y89 O Nn 0Y88 ONO LW" Of LIAM= L b41mY oBcoy kowy DAMAGE S Deml9tlbb CS.ES c ve a scuuaamunte p 500_Daduetlble _ ®Y88 Q NO =t3jYnZ&1CIaides51000 a>Yta DedmdbLY XNO O YRS M NO O YES M NO C�1:ti 3 YES XNO palva N&MG lad AOdre99 Of Cer "'cats holder Clvj OrD®toa 901-D Samr Damu 4 Tx76209 I�Ya9 ®NO I OYI'S No _7161 o�t� —r Ztdo pgant'adode� Name and Addren of Agent Robert &ma 9601 Whdb Rook TajL Smm 314 aallm, TX 75239 GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT DUNE 29, 2001 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 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 GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT NNE 29, 2001 All policies shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENE WED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITIO EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 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 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 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 [X] A General Liability Insurance• General Liability insurance with combined single limits of not less than $1,000,000 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 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 GENERAL CONSTRUCTION BID #2693 INDEFINITE QUANTITY CONTRACT CITY OF DENTON .TUNE 29, 2001 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 $500,000 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 budding Limits of not less than each occurrence are required GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT TUNE 29, 2001 [ ] 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 GENERAL CONSTRUCTION BID #2693 INDEFINITE QUANTITY CONTRACT ATTACHMENT 1 CITY OF DENTON JUNE 29, 2001 [X) Worker's Compensation Coverage for Building or Construction Projects for Governmental Entjties 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 401 011(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 GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT JUNE 29, 2001 (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 401 011(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 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 GENERAL CONSTRUCTION BID #2693 CITY OF DENTON INDEFINITE QUANTITY CONTRACT DUNE 29, 2001 (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 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 Bid 2693 — City of Denton, Indefinite Quantity (Term) Contract General Construction