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Order Number One - Ordinance No. 2002-211 1 07/16/02
ORDINANCE NO 6-9001 3O
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF A RESTROOM AND CONCESSION STAND
FACILITY AT NORTH LAKES PARK, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2690 — NORTH LAKES
SOCCER RESTROOM/CONCESSION BLDG, AWARDED TO SENECA CONSTRUCTION,
INC, IN THE AMOUNT OF $339,275)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or unprovements 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 herem 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 therem,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 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
N�JMAER CONTRACTOR AMOUNT
2690 Seneca Construction, Inc $339,275
SECTION 2 That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person subrruttmg the bid for construction of such
public works or improvements herem 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 furmshnig of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SECTION 3 That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or inprovements 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 specdf mg the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therem.
SECTION 4 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 5 That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 'f%l day of
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY L —
APPROVED AS TO LEGAL FORM
HERBERT L PRWTY, CITY ATTORNEY
m
2690 -
ATTACHMENT
TABULATION SHEET
BID # 2690 Date 8/2/01
NORTH LAKES PARK SOCCER RESTROOM/CONCESSION BUILDING PROJECT # 2
No I Oty I DES RIPTION
VENDOR
VENDOR
VENDOR
DBR
SENECCA
CONSTRUCTION
CONTRACTING,
THATEN
INC
Principle Place of Business
DENTON,TX
DENTON, TX
DENTON, TX
GRAND TOTAL BASE BID
$387,586
$335,275
$369,339
1
2
ADDENDUM 1
YES
YES
YES
BID BOND
YES
YES
31
YES
4
BID ALTERNATE
1) POST TENSION
$5,000
$4,000
($2,000)
FOUNDATION
2) STANDING SEAM ROOF
$23,000
$7,500
$9,700
3) DESERT WILLOW - 10
EACH
$4,009
$5,500
$4,010
4) DEDUCT SANITARY
SEWER LIFT STATION
($19,000)
($10,000)
($16,800)
5) DEDUCT SANITARY
SEWER LINE
($12,000)
($6,500)
($12,360)
m
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this _day of September A D ,
2001, 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
of the City of Denton , County of Denton
and State of Texas , hereinafter termed "CONTRACTOR "
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
in the amount of S339 2,75 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
CA-1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
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
CK.WJ
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
ATTEST
44; L ��
APPROVED
O FORM
CITY A
OWNER•
BY
I
I
�'7S-'�
CONTRACTOR
5e fVt COL, 049k,72n t-M WG (20
P, 0 Boy- 14--70
7 6 �jTo tJ --1 k Aa Z o — 14-70
MAILING ADDRESS
94.0- 56 S - ( 14-1
PHONE NUMBER
94-0-387-
-o9so
FAX NUMBER
BY P i2.E5, O t N i
TITLE
f{Axe 4 LOTNR-166s
PRINTED NAME
CA-3
(SEAL)
BASE BID
Base Bid Item No 1 - Grading/Survey/Demolition
Base Bid Item No 2 - Concrete Site Work
Base Bid Item No 3 - Landscape
Base Bid Item No 4 - Architecture
Grand Total Base Bid
Bid Alt Items
Grand Total Base Bid with Alternates
00
Dollars ($ 50 ' )
0
Dollars ($ 5q'))
Dollars($ 000 -)
p o6
Dollars ($237, 0 00 0 1
00
Dollars ($3,3575 )
ao
UF- 1) UC.T Dollars ($� 3 5 0 0
00
Dollars ($ 33 �775 -1
UNIT COST
In the event that greater or lesser amounts of work are required, the unit prices will apply Unit prices cover
the cost of work and materials in place, including all materials, equipment, labor, taxes, maintenance, and
guarantee based on the enclosed plans and specifications Unit prices will hold for six months after final
acceptance
Seti,er Chu vT2��i/,uG Co.�p. >w
�pntractq� Officer's Signature
N 0. 60 u, l4--7 // ' .
g.si EJJ57 /LILKINNcr y (NO Ir/AIG phA iZ Je Y M , Lo TN R. iOG E
Address Typed or Printed Name
7)e- A.-70AJ %11 7in0-OZ-14-70 &{/0?✓�o j
City, State, Zip Date
94-0 - % S- r 14-:
Telephone
G14-o--382— rAX �
27 01 (FRI) 15
14
%tTT> Tf'F
27 CITY OF DENTON PURCHASING 94E0 3�'f9'�730Q i
� r
i
r
I, C� zf tt ti / i IT N + l �i
o-
BID ITEM NO 3 -• LANDSCAPE gee sheet T A-n i
FACE 5/7
Itcm
No
Cont[aotor'
6
Dacnotaon
Um[
Unl[
cmt
T
1
I o0o
IIeTm "Hydf=Wv-h
!;F
000
i
SMOTAL BID ITEM NO 3
w
I
d/ 01 1 nlJ ib 12d GI Ub UhN1UN YUHUMAb1NG �940
• r
ho
yy
14
BID rr?-m 4 T we ®a A•63
k
No
Coatrmeter'
a , ''
�
Unl{ i
9 h
Dvocn ✓don
U01T
Cost
Tnta
1
Cn1170g6iOn}wtldlag
LS
7(" Y
Y C
S O t 0�
SUBTOTAL, BLb T7 EM NOt 4_
',I a
Y
UM AT T TTQAAfC
PAGE 6/7
i
6
1
t
0
No
Comte MT
6 n(y
DM6Ti doe
UWI
urdt
Cwt
Total
1
N )61 1=Mou FouU400n ar
C OUMBIOn awwrig - au Twang,
0 Algw spoor, and inuW1dt10a to Uo
'ovtdoll w111 iW. 1
L 5
t}. 0 00—
$
al�
000 _
2
£leading Saam Roof
L 5
7 00—
$
-
$ 0 �—
i
Laren willm
EA
0 --
oa
4
I V"t "Utaly 5awor Lift Station
LS
0 0 10
0 000 —
s
0 00 -
I;putt Switay Sower One
LS
0) 00'
SUET A L B[D A[ T LTEMS
0
S 3 5 00
e7
urn TTT.M NC) I- Cm AT)INC; I STTRVFY I T)EMOLITION see sheets DM-01, GR-01
Item
No
Contractor's
Quantity
Description
Unit
Unit
Cost
Total
1
Stockpile & grade native topsoil
C Y
$
2
Erosion control fenci
g
F
$
3
Demolition & re post and
cable fencm
L S
$
q
mfied Survey
L S
$
TOTAL BID ITEM NO 1
$
TIM TTPKA VC) ') _ C OWC`.RF.TF. STTF. WORK see sheets LA-01, LC-01
Item---
No
-- — —
Contractor's
Quantity
--- - -
Description
Unit
Unit
Cost
Total
1
10' Concrete walk (6" thick), light
broom finish . I
S F
;
$
2
12' Concrete walk 6' k),
broom finish
S F
$
3
Speci vmg
S F
$
OTAL BID ITEM NO 2
$
nTn TTPM Mn Z _ T.ANTICCAPF, see sheet LA-01
Item
No
Contractor's
Quantity
Descrmtmn
Uni
Unit
ost
Total
1
Bermuda Hydrom
S F
$
S BID ITEM NO 3
$
BID ITEM NO 4 — ARCHITECTURE see sheet A-03
Item
No
Contractor's
OvantitY
Description
Un
ost
Total
I
Concession building
L S
$
AL BID ITEM NO 4
$
RIT) AT.T ITF.MS
Item
No
Contractor's
Quantity
Description
Unit
Unit
Cost
Total
1
Post Tension Foundation for
Concession Building — all testing, ' l
design, specs, and installation to b fj
provided by contractor
L S
$
2
Standing Seam Roof
L S
$
3
Dese i low
EA
$
OTAL BID ALT ITEMS
$
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
:• • .--1 04
KNOW ALL MEN BY THESE PRESENTS That Seneca Construction Inc.
whose address is PO Box 1470 2513 Fact McKinney Denton TX 76202.-1470
hereinafter called Principal, and Uute l States Ddel ty & a=aty gulp=
a corporation organized and existing under the laws of the State of MmIlard 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 Three Hundred Thirty Nine
Thousand Two Hundred Seventy Five and no/100 DOLLARS ($-1 2,2Z5-) 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 2001-307
with the City of Denton, the Owner, dated the _ 4 day of September A D 2001-
a copy of which is hereto attached and made a part hereof, for
Bid 2690 - North 1 akec Soccer Restroom/Concession Bldg.
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
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4_ copies, each one of
which shall be deemed an original, this the day of September 2001.
ATTEST Q PRINCIPAL
f S21vecx,
d. COUT AUTIU6 Co
BY
SECRETARY BY Z u " Zn
PRESID NT
ATTEST SURETY
Uuted tes Fidelity & 0-ma ity Gmpany
BY l � /.� �1.�9.
B
ATTORNEY -IN -FACT
Staci. Gross
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and servi,e
of the process is
NAME _ PCL Agency
STREET ADDRESS slaw Rim Street Suite 105,., Lewiqville, TX 75067
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PB-2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Seneca Construction Inc.
whose address is PO Box 1470 2511 Fast McKinney Menton TX 76202-1470
hereinafter called Principal, and lln.ted States Fvbli-n' & 0-comity Carperiy
a corporation organized and existing under the laws of the State of MRylal�i 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 Three Hundred Thirty Nine Thousand Two Hundred Seventy Five and
no/100 DOLLARS ($-339.=) 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 2001-307 ,
with the City of Denton, the Owner, dated the 4 day of September
A D 2001 , a copy of which is hereto attached and made a part hereof, for
Bid 2690 - North Lakes Soccer Restroom/Concession Bldg,
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in _ 4 copies, each one of
which shall be deemed an original, this the 4_ day of September 2001
ATTEST
BY A, ` W -
SECRETARY
ATTEST
: �,rL A� /.I • y�
PRINCIPAL
,5e-" C.O UT 11-A a 0 WJ 6 CO .
i�....�
PRESIDENT
SURETY
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME FM
STREET ADDRESS 206 E3m Street ante 105 Ijsw v lle. TK 75067
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
,
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
• All policies shall be endorsed to READ
• "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
• 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] General Liability Insurance.
General Liability insurance with combined single limits of not less than $500 000
shall be provided and maintained by the Contractor The policy shall be written
on an occurrence basis either in a single policy or in a combination of underlying
and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
IX1
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
Automobile Liability Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than MQ-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 arismg out of the operation, maintenance and use
of all automobiles and mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement for
any auto, or
all owned, hired and non -owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured For building or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC
110 110 of the Texas Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's liability insurance Policy limits will be at least combined bodily injury
and property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building Limits of not less than
each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with 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
ATTACHMENT 1
[XI Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furmshes 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 401011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project
F The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project
H The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage
I 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
(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 sigmng 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
C!P%TP.(`
AC(3RDT" CERTIFICATE OF
LIABILITY
INSURANCE
10/01/01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
P.IODUCER
Higginbotham & Assoc , Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DBA Denton Insurance Center
ALTER
THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
P O Drawer C
Denton, TX 76202
INSURED
INSURERA
BITUMINOUS INSURANCE CO
Seneca Contracting Corporation
INSURERS
HARTFORD INSURANCE GROUP
P O Box 1470
INSURER
Denton, TX 76202
INSURER D—
NSURERE
QUVrHAUC,
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 CLAIMS
_ _
I�SR POLICY EFFECTIVE POLICYEXPIRATION
TYPE OF INSURANCE POLICY NUMBER D Y ATE 0
LIMITS
A GENERAL LIABILITY CLP3115696B 07/01/01 07/01/02
EACH OCCURRENCE _$1,
000, 000
IX COMMERCIAL IFIRE
DAMAGE (Any one fire)
$ 100,000
_
CLAIMS MADE I-X OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL A ADV INJURY
$1-000, 000
AGGREGATE -
s'2 000,000
GEN L AGGREGATE LIM ITAPPLIES PER
_GENERAL
PRODUCTS COMP/OPAGG
$:� 000, 000
POLICY PROT LOC
A
AUTOMOBILE
LIABILITY
CAP3115687B
07/01/01
07/01/02
COMBINED SINGLE LIMIT
$1 000 000
ANY AUTO
(Ea acmden)
- —- -
t
- -
XJ
— j
r
ALL OWNED AUTOS
BODILY INJURY_
(Per person)
$
_
SCHEDULED AUTOS
—
--- -
X
HIREDAUTOS
BODILY INJURY
(Pereccltlenf)-
$
X
NON OWNED AUTOS
PROPERTY DAMAGE
$
L
— — — —
(Per accident)
GARAGE UABWTY
AUTOONLY EAACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$ _
-
AUTO ONLY AGG
$
BILITY
CUP2531302B
07/01/01
07/01/02
EACH OCCURRENCE_ __
$s2 00� _000
_
AGGREGATE
$21 000,000
] CLAIMS MADE
TIBLE
TION $10000
AND
WC3114752
07/01/01
07/01/02
iHCOMPENSATION
YL]Mff,$
$WCSTAID
FEMPLOYERS
LIABILITY
ELEACH ACCIDENT
$500,000
EL DISEASE EAEMPLOYEE$500,000
E L DISEASE POLICY LIMIT
$5 0 0 0 0 0
ontractors
46MSCYQ4875
12/01/00 12/01/01
350,000
Leased or Rented
ment
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Contract 2690 - North Lakes Soccer Restroom/Concession Bldg
City of Denton, its Officials, Agents, Employees and volunteers
are named as Additional Insured "Said policy shall not
be cancelled,
(See Attached Descriptions)
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Denton DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN
901 B Texas Street NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT BUTFAILURE TODOSOSHALL
Denton, TX 76201 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPONTHEINSURERITSAGENTSOR
DACORDCORPORATIONI
ACORD25-S(7/97)1 of 3 #S65246/M61082 EAD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
25S(7/97)2 of 3 4S65246/M61082
DESCRIPTIONS (Continued from Page 1)
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 "
AMS253(o7/07) 3 of 3 #565246/M61082
the=hut
POWER OF ATTORNEY
Seaboard Surety Company
St Paul Fire and Marine Insurance Company
St Paul Guardian Insurance Company
St Paul Mercury Insurance Company
Power of Attorney No 20290
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
Certificate No
KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York and that
St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company arc corporations duly organized under
the laws of the Slate of Minnesota and that Untied States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa and that Fidelity and Guaranty Insurance
Undeiwntcrs Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively tolled the Companies ) and that the Companies do
hereby make constitute and appoint
Donal Boley, Steve Deal and Staci Gross
Wlcluta Falls Texas
of the City of State then true and lawful Attomey(s) in Fact
each in their separate capacity if more than one is named above to sign its name as surety to and to execute seal and acknowledge any and all bond, undertaking,
contracts and other written instruments in the nature thereof on behalf of the Companies in then business of guaranteeing the fidelity of persons guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings rf u�ed orparuiitted in any actions or proceedings allowed by law
ftsk aIt
IN WITNESS WHEREOF the Companies have caused this nisuumpenikliAlitte aad sealed't�i Is 1st day of December 1999
1,N> xl
Seaboard Surety Company �« i' ' iy United States Fidelity and Guaranty Company
St Paul Fire and Marine Ins amp aria Fidelity and Guaranty Insurance Company
St Paul Guardian Insuranebg tmu. a A idelity and Guaranty Insurance Underwriters, Inc.
St Paul Mercury Insurance'C""q y $� +gs
Nro-
(94
01,
T k cMr a SEAL I lowp 10%i g t �JOHNPPHINNPY Vice Pteudenr
h p A'" it�F 'S
State of Maryland /
City of Baltimore THOM xS F HUIBREGTSE Assistant Secretary
On this tat day of December 1999 before me the undersigned officer personally appeared John F Phnmey and
Thomas E Huibregtse who acknowledged themselves to be the Vice President and Assistant Secretary respectively of Seaboard Surety Company St Purl Fire and
Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guaianty Company Fidelity and
Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc and that the seals affixed to the foregoing instrument are the corporate wan of
said Companies and that they as such being authorized so to do executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers
��"a" �
2� ETA
*� AAA4 - D�+-It�-
In Witness Whereof, I hereunto se[ my hand and official seal m pV& AM
P
My Commission expires the 13[h day of July 2002 4� ,ti
AE Qrx
REBCCCA EAST FY ONOKALA Not try Public
86203 Rev 7 2000 Printed in U S A
This POWLi of Attorney is grated undo and by the authority of the followml, tesolutioro Idopted by the Boaids of Directors of Seaboard Surety Company St Paul
Fire and Marine Insurance ( ompany 9l Paul Guardian Insurance (onspmy St P of Mercury Insurance Company United States Fidelity Ind Go it mty, Compiny
Fidelity and Guaranty Insist ante Comp my and I idelsty rail Guaranty Insurance Underwriters Inc on September 2 1998 which resolutions Ire now in full force and
eftul ieadmb as follows
RFSOLVED that on connection with the hdehty and surety insmancc business of the Conipmy all bonds undermkmgs contracts and other mstiunrents relating
to said bosmess may he signal exccmcd aid aeknow lolled by persons or comics appointed is Attorney(%) in Fact purstnnl to a Power of Attorney issued m
accordance with these ieso[tit ion, S ad Power(s) of Attorney Ioa and on bell df of the Company in ry and shall be executed in the name and ran bch ilf of the
Company either by the Chairman of the President or any Vice President or in Assistant V¢e President jointly with the Secretary or In Assist as Secretary
under their respecnve designations The sibn imte of such Otfieen in ty be engraved printed or bthographed The signature of each of the forel,cang offlceos and
the seal of the Company m ty be alhxed by t ies ndle to Iny Power of Attomey ot to any culihLate rel lung thereto appointing Attorneys) on Tact for purposes
only of executing and ntestimj, bonds and undeitlkmgs and other wilting, obligatory in the nature [hereof and subject to any Iimnation% set torn therein my
such Power of Attorney or Let hcate be [rung 'Al t rnimde signature or facsimile seal shall be valid and binding upon the Company and Illy wch power so
executed and certified by such I icwnile sign more and faosundc seal shall be valid and binding upon the Company with respect to any bond or undertaking to
whwh it I, validly attachul and
RP SOI VFD FURTHF R that Attorncy(s) in Fact sh ill have the Powu and authority and in Iny else subject to the terms and limitations of the Power of
Attorney issued them to eXLcnte and deliver on bohllt of the Camp my Inc[ to ittach the se d of the Company to my and all bonds and undert lkmgs and other
writings obligatory in the n hone lhercol rail my such Irstrumcnt executed by wch Attomey(,) ❑t Pact shall be as binding upon the Company n if signed by an
Exewnve Officer and wiled and atieslcd to by the Secrelai of the Company
I Thomas E Huibregise Assistant Suietaiy of Se ibo rid Surety ( ompany St Pad Fire and Mlrme Insurnce Company St Paul Guardian Insm once Compiny
St Paul Mercury Insmame ( omp my Umtol St ties Fidelity and (Gil nanny Company Fidelity Ind Guaranty insurance Company and Fiddly and Go nary Insurance
Underwriters Inc do heroby Lenity that the shove and foregoing is I true and contest copy of the Power of Attomey execuv d by said Companies which IS In full force
and effect and his not been ¢voked
IN TESTIMONY WHI,RPOP, I hoeunto set my hind this 4th day of September 2001_
? '<<sc aL+.r.o 19a xmnautro
SEAL r
Thomas E Hubregtu As, rat Se r nr
To verify the authenticity of this Power of Attorney call 1 800 421 Mob and as for th�fe, tiwin.
afAttorney clerk Please refer to the Power of Attorney number
the above named individuals and the details of the bond to wiluth the pal 6 i9 a[tachetrN.+ t
�nt �
YI
y �a
StFhul Surety
IMPORTANT NOTICE:
To obtain information or make a complaint
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance at
P O Box 149104
Austin, TX 78714-9104
FAX # 1-512-475-1771
Your notice of claim against the attached bond may be given to the surety company that issued
the bond by sending it to the following address
Mailing Address St Paul Surety Claim
P O Box 4689
Federal Way, WA 98063-4689
Physical Address St Paul Surety Claim
31919 First Avenue South
Suite 100
Federal Way, WA 98003
You may also contact the St Paul Surety Claim office by telephone at
Telephone Number 1-253-945-1545
PREMIUM OR CLAIM DISPUTES
If you have a dispute concerning a premium, you should contact the agent first If you have a
dispute concerning 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 BOND
This notice is for information only and does not become a part or condition of the attached
document