HomeMy WebLinkAbout2001-439X
FILE REFERENCE FORM
Additional File Exists
2001-439
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S)
Date
Initials
Ordinance No. 2002-126 -
Change Order Number 1
05/14/02
) R
Ordinance No. 2003-172 -
Change Order Number 2
06/17/03
) R
ORDINANCE NO Of 01-4 /
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION
PLANT EXPANSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2734 — PECAN CREEK WATER RECLAMATION
PLANT EXPANSION AWARDED TO ARCHER WESTERN CONTRACTORS, LTD, IN THE
AMOUNT OF $16,930,000)
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
2734 Archer Western Contractors, Ltd $16,930,000
S C) TION 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 oud day of bmW�L .'2001
& /';�vci_
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
MEN /..L.'
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY & ' r 4 �l.�
cC.�.
BID 2734 - CONTRACTUAL ORDINANCE
Attachment 1
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CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this _-22—day of November 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 Arlington , County of Tarrant 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 M 6 930,000 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,
CA-1
S \prcMContracts Documenta\Bid 2734 Pecan Creek doc 12/5/01
and the Specifications therefore, as prepared by
S,ily ofnentnn a aff -
Camp, Dreaaer, and Mane Tile
all of which are referenced herein and 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, mvitees, 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
C \My Aww=U\M3 Offico\Wmwoni\Bid 2734-Pecan Cmek.dw 12/4/01
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written,
m
(SEAL)
Archer Western Contractors, Ltd.
CONTRACTOR
2121 Avenue "J", Suite 103
Arlington, T% 76006
MAILING ADDRESS
817/640-3898
LWI
11 F121,
Matthew Walsh
APPROVED AS TO FORM PRINTED NAME
�T��i�wvv�' (SEAL)
CITY ATTOliY
CA-3
c My Dooumeuts\MS of4cammworMid 2734- Pecan Crack doo 12/4/01
City of Denton, Texas
Pecan Creek Water Reclamation Plant Expansion
PROJECT IDENTIFICATION
THIS BID IS SUBMITTED TO
SECTION 00300
BID FORM
City of Denton
Pecan Creek Water Reclamation Plant Expansion
Project Bid No 2734
Purchasing Department
City of Denton
901-B Texas Street
Denton, Texas 76209
THIS BID IS SUBMITTED BY Archer Western Contractors, Ltd.
2121 Avenue "J", Suite 103
Arlington, TB 76006
(g17) fi4n_IAQA
ARTICLE 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement
with OWNER in the form included in the Contract Documents to perform and famish all Work as specified or
indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the
Agreement and in accordance with the other terms and conditions of the Contract Documents
ARTICLE 2 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid security This Bid
will remain subject to acceptance for ninety days after the day of Bid opening Bidder will sign and submit the
Agreement with the Bonds and other documents required by the Contract Documents within fifteen days after the
date of OWNER's Notice of Award
ARTICLE 3 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that
3 1 Bidder has examined copies of all the Contract Documents and of the following Addenda (receipt of all
which is hereby acknowledged)
Date
10/3/01
Number
10/22/01 3
10/22/01 4
32 Bidder has visited the site and become familiarized with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work
AddNo 3 00300 doc 00300-1 October 2001
City of Denton, Texas
Pecan Creek Walter Reclamation Plant Expansion
33 Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all
such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder
considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents, including specifically the
provisions of paragraphs 4 02 and 4 03 of the General Conditions, and no additional examinations investigations,
explorations, tests, reports or Similar information or data are or will be required by
Bidder for such purposes
34 Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities No additional examinations, investigations, explorations, tests,
reports or similar information or data in respect of said Underground Facilities are or will be required by
BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically the provisions
of paragraphs 4 04 of the General Conditions
35 Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests,
reports and studies with the terms and conditions of the Contract Documents
3 6 Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder
37 This Bid is genume and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization or corporation, Bidder has not directly or indirectly induced or solicited any other Bidder to submit
a false or sham Bid, Bidder has not solicited or induced any person, firm or corporation to refram from bidding,
and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER
ARTICLE 4 Bidder will complete the Work in accordance with the Contract Documents for the following
lump sum price(s), as specified in text form, and numerically
41 BIDDERS BID AMOUNT
A Base Bid
Item A —This lump sum item consists of furnishing all supervision, labor, materials, tools, equipment,
incidentals and related items required for construction of the Pecan Creek Water Reclamation Plant
Expansion as shown in the Plans and stated in the Specifications This bid item includes all improvements
and any other item not specifically covered by another bid item
Lump Sum Bid
'FI>:T'�>rN 1''Ciu.Llnt,..l Stec 4iu�lAF�,�
7- R 0 Jsq Hipp `l- %4 o GE r4 T 5 dollars
($ is001000.
Addxo 3-00300 doc 00300-2 October 2001
City of Denton, Texas
' Pecan Creek Water Reclamation Plant Expansion
Item B — Proprietary Equipment Purchase
Lump Sum Bid This lump sum item consists of furnishing four Sludge Collection Rings, for Secondary
Clarifiers No 1, 2, 3 and 8 as stated in Specification Section 11350 and identified in the letter of guarantee
appearing in the Appendix
Lump Sum Bid
Item C — Proprietary Equipment Purchase
Lump Sum Bid This lump sum item consists of furnishing two double disc sludge pumps as stated in
Specification Section 11218 and identified in the letter of guarantee appearing in the Appendix
Lump Sum Bid Twenty thousand and six hundred and fifty dollars and zero cents
($20 650 00)
Item D — Proprietary Equipment Purchase
Lump Sum Bid This lump sum item consists of furnishing Ultraviolet (UV) Disinfection Equipment as
stated in the Appendix
Lump Sum Bid Six hundred and seventy-nme thousand and eight hundred dollars
($679 800 00)
Item E — Raw Sewage Pump Station No 1 Wet Well Modifications
Unit Price Bid This unit price item consists of furnishing all supervision, labor, materials, tools,
equipment, incidentals and related items required to remove deteriorated concrete and repair concrete
surfaces at the interior of the influent wet well for Raw Sewage Pumps Station No 1 This item includes
placement of repair materials up to 2 inches thick on the walls, floors and overhead surfaces
Estimated Quantity 400 square feet
Total Cost for Estimated Quantity (Unit price x 400 square feet) =
AddNo 3 00300 doe 00300-3 October 2001
City of Denton, Texas
Pecan Creek Water Reclamation Plant Expansion
B Bid Alternatives
Item F —Roadway Construction
Lump Sum Bid This lump sum bid item consists of furnishing all supervision, labor, materials, tools,
equipment, incidentals and related items required for modifications to Roads A, Al, A2, C and G,
including paving and grading as shown in the Plans and stated in the Specifications
A L M k I- >AD _ /L/ _ �u .� r 6
(s �r coo, 00 1
Item G — RAS/WAS Pump Station No 2 Motor Replacement to VFDs
Lump Sum Bid This lump sum items consists of removing the four (4) existing motors on the RAS and
WAS pumps in pump station and all associated electrical appurtenances and furnishing and installing,
complete and ready for operation two (2) variable frequency drives on the RAS pumps and two (2) variable
frequency drives on the WAS pumps
/G�TY 25FI/� /f�-1.11&0 . 4i1��r
WRM MTWIPNMI,. .
Item H1— Proprietary Equipment Purchase
Lump Sum Bid This lump sum item consists of furmshing one Single Stage Centrifugal Air Blower as
stated in Specification Section 11371 and identified in the letter of guarantee appearmg in the Appendix
Lump Sum Bid
Item H2 — Installation of Proprietary Equipment Purchase
Lump Sum Bid This lump sum item consists of furnishing all supervision, labor, materials, tools,
equipment, incidentals and related items required for installation of one Single Stage Centrifugal Air
Blower, complete and ready for operation, as shown on the Plans and as stated in Specification Section
11371
T% k;V1kV (/a dollars
AddNo 3 00300 doc 00300-4 October 2001
City of Denton, Texas
Peon Creek Water Reclamation Plant Expansion
The Pecan Creek Water Reclamation Plant Expansion Project will be awarded to the lowest bidder for the
Work to be included The Work to be included will consist of the Total Base Bid and any Bid Alternatives
that the City chooses to include based on the Project budget
42 MANUFACTURERS
This Bid is based upon furnishing and installing major items of Equipment by the following manufacturers
No
Item Specification
Section
Manufacturer
1
Vertical Turbine Pumps
11215
Fairbanks orse
Flowserve (IDP)
Patterson
2
Dissolved Air Flotation Unit
11239
rAa
<�mlth and Loveles-s)
M-Tee vironmental
Walker Process Equipment
3
Filament Wound Fiberglass Tanks
11244
sta Fiber las
Ershmgs
4
Sluice Gates
11281
odney Hunt Co
Waterman Industries
5
Slide Gates, Weir Gates and Stop Plates
11282
R�v Hunt t
Waterman Industries
Whipps
6
Dry Pit Submersible Pumps
11312
Flowserve (IDP)
Model 12MSX21A
ABS Model AFP 3002
IT Flygt Model CT33O6
7
Chopper Pumps
11314
Vaughan Com any, Inc
ayward Gordon
8
Combination Boiler/Heat Exchanger
11315
US Filt r
Walker Process Equipment
9
Submersible Pumps
11319
1TT Flygt
F owserve (IDP)
A 5$
10
Bar Screens
11331
HQadworks Inc
US Filter Envirex
AddNo 3-003QO doe 00300-5 October 2001
City of Denton, Texas
Pecan Creek water Reclamation Plant Expansion
11
Screening Press
11332
uber Technology Headworks Inc
Headwor
Waste -Tech, Inc /FSM
12
Chemical Metering Pumps
11345
US Filter Envirex
Wallace and Trem
Mi ton- oy
Prominent Fluid Controls
Pulsafeeder
13
Clarifier Equipment
11350
tgtttearx Apo
orr- rver
US Filter Envirex
Enviroquip, Inc
Walker Process
M-Tech Environmental
14
Digester Mixing System
11370
Vau han Com an Inc
squid Dynamics Corp
15
Aeration Equipment
11376 &11377
Samtaire
US F1 ter Envirex
*
16
Shaftless Screw Conveyor
14551
pirac, Inc
ea works, Inc
Waste -Tech, Inc /RotoSieve
* Indicates an "or equal' manufacturer is acceptable for write-m
43 PROPOSED SUBCONTRACTORS
The following mformation gives the name, business address, and portion of work (description and dollar
amount of work to be done) for each subcontractor that will be used in the work in the Bidder is awarded
the Contract No subcontractor doing work in excess of 3 percent of the total amount of the Bid who is not
listed below shall be used without the written approval of the OWNER
Additional supporting data may be attached to this page Each page shall be sequentially numbered and
headed "Proposed Subcontractors," and shall be signed List of proposed Subcontractors and supporting
data must be submitted no later than 2 15 p in on October 30, 2001
Firm Name Business Address Description of Work Dollar Amount
I)UrJal/[X-L3rtnMdM ROarIogei Tx R(Y/03330
PoM5 CoAr)465 QAP_aoLL ,Jr 77C N,4riiJ6 t L,10 000
12XMc FAI-kovr;TX 464a ir, 2135000a -ap-
AddNo 3-00300 doc 00300-6 October 2001
City of Denton, Texas
Pecan Creek Water Reclamation Plant Expansion
44 PROCESS INSTRUMENTATION & CONTROL SYSTEM SUBCONTRACTOR (PICSS)
The list of approved subcontractors for the Process Instrumentation and Control System is included in
Section 13300 The Bidder shall identify the subcontractor which Bidder expects to perform the work
Only approved subcontractors will be allowed to perform the specified work, therefore, Bidder shall not
write, in or add unapproved subcontractors
PICSSName uOE12E L^or moi- Sysrgt5
ARTICLE 5 Bidder agrees that the Work will be completed within the following time(s)
5 1 Bidder agrees to be Substantially Completed with all contracted Work within 730 calendar days from the
date when the Notice to Proceed is issued, and completed and Ready for Final Payment with 30 calendar
days after Substantial Completion in accordance with Article 14 of the General Conditions The Project
shall be completed and ready for final payment within 760 calendar days after the date when the Contract
Time commences to run
5 2 Bidder accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to
complete the Work within the times specified in the Agreement
ARTICLE 6 The following documents are attached to and made a condition of this Bid
6 1 Required Bid Security in the form of a certified check or a Bid Bond in the amount of 5% of the total Bid
price
6 2 Nonoollusion Affidavit
ARTICLE 7 Communications concerning tlus Bid shall be addressed to the following address
Ms Dawn R. Anderson
Camp Dresser & McKee, Inc
8140 Walnut Hill Lane, Suite 1000
DaII4, TX 75231
Phone (214)346-2800
Fax (214) 987-2017
ARTICLE 8 The terms used in this Bid which are defined in the General Conditions or Instructions to
Bidders will have the meanings assigned to them
AddNo 3-00300 doo 00300-7 October 2001
City of Denton, Texas
Pecan Creek Water Reclamation Plant Expansion
SUBNOTTBD on October 30 12001
Approved By -0-
(Authorized Sigma
Attested By
Authorized,Signature)
John P. Slattery
Seal
(If a Corporation)
State of Incorporation: Illinois
Corporate Address: 1500 NW 62nd St.
Suite 417
Ft. Lauderdale, FL
Archer Western Contractors Ltd.
(Name of Bidder)
QI
President
(Title)
2121 Avenue "J", Suite 103
(Address)
Arlington, TX 76006
(City and State)
(817) 640-3898
(Telephone Number)
(817) 640-8734
(Facsimile Number)
33309
Note If the Bidder is a corporation, indicate state of incorporation under signature and affix corporate seal, if a
partnership give full name and residential addresses if different from business address
Addxo 3 ss3po doe 00300-8 October 2001
PERFORMANCE BOND
STATE OF TEXAS § Bond No 8 SB 103698366 BCM
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That Archer Western Contrartnrs LTD
whose address is 1121 Avenue r quite, 103 Arling nM TX 76209, hereinafter called Principal,
and�r Casualty and Surety Cwwwnv of p-cx corporation organized and
existing under the laws of the State of Connecticut 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 Sixteen M ll,nn Wine Hundred Thirty Thousand and 0/100
DOLLARS ($ 16 930 000) 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 inDenton County, Texas, for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents This Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement winch increases the Contract price, but in no
event shall a Change Order or Supplemental Agreement which reduces the Contract puce
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 Ordmance Number 2001.439, with the City of
Denton, the Owner, dated the _97 _ day of himmher AD 2001, a copy of which is hereto
attached and made a part hereof, for Rid 4 7734 Pecan (reek Water Reclamatinn Plant
Enan.gion-
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertalungs, 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 winch 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 iand truly perform and fulfill all the undertakmgs, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be
made, notice of winch 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 winch 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 -i
C NY DooumonuWS olBoeiwmworMid 2734-Posen croak doo IV4101
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 ansing out of such suretyslup, as provided by Article
7 19-1 of the Insurance Code, Vemods Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in J_ copies, each one of
which shall be deemed an original, this the _21_-.day of November , znnt
the s s SURETY
Mr Travelers Casualty and Surety Cqmpa4y of Americv
�~
- kfr6RAXJ14-FA&---/
Gina M Damato, Attorney -In -Fact
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is
NAME Christopher H Noble
STREET,ADDRESSu,
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give aperson's name)
PB-2
c Xty Do umebts S ot600%Wmword\Bjd 2734-Peden cmok.doo 12/4101
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSON$ BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly orgamzed under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint Dwight F. Miller, David C Banks, Janice B Kaplan, Kevin P Nagel, Lorraine
Pozezinskl, Eileen Lucia, Carol F. Tasctotti, Evonne Brown, Adele M Korczak, Grace Villarreal, Gail Schroeder, Craig
Goesel, Rebecca L. Dauparas, Barbara J. Bailey, Chad Berberich, Cindy Gensiinger, Gina M. Damato, Meredith C. Covelli,
Thomas A. Pictor, Erik Janssens, Jane Bronson, Carrie M Roder, Michael Damewood, Ginny Rockett, James L. Forshey,
Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Lulsa Catalano, Robert W Speer, David Donovvn-Schager, of
Naperville, Biinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s) by his/her sole signature and act, any and all
bonds, reoognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and All consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorriey(s)-m-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed
This appointment is made under and by authority of the following Standing Resolutions of said Companies, winch Resolutions are
now in full force and effect
STATE OF ILLINQIS )
) ss
COUNTY OF Coo
=,SWO
L"
`T
of 11Inels 71 6 004
S.2429 (07 97)
I EILEEN LUCITT a Notary Public in and for said County and
State, do hereby certify that Resident
Vice President, and Resident Assistant
Attorney -in -Fact,
Secretary, GINA M DAMATO of
TRAVELERS CASUALTY AND SURETY COMPANY OF ANWRICA,
who is personally known to me to be the same person _ whose
name subscribed to the foregoing instrument, appeared before me this
day in person, and acknowledged that _ he _signed, sealed and
delivered said instrument, for and on behalf of TRAVELERS CASUALTY
AND SURETY COMPANY OF AMERICA, for the uses and purposes
therein set forth Given under mly hand and notarial seal, this 97 rh day
Of
Notary Public
COMPANY, which Resolution Is now in full force and effect.
VOTED That the signature of each of the following officers President, any Executive Vice President, any Semor Vice President, any Vice
President, any Assisfarit Vti�a6 Pr014 a any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any �ernficats mlaUng thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-m-Fact for
purposes only of executing AAAnnnddd attesting bonds sail undartakings and other writings obhgatory m the nature thereof, and any such power of attorney
or certificate bearing such facmndle signature or facsimdle seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsmule signature and facsimile we shall be valid and binding upon the Company in the future with respect to any bond or
undertakmg to which it is attached
(11.00 standard)
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0
I
PAYMENT BOND
STATE OF TEXAS Bond No 8 SB 103698366 BCM
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That Ar hPr West= Contrrantnra T.M ,
whose address is 11 ? 1 Avenue 7 Silite 103 Arligtn_n TX 76006 - hereinafter called Principal,
and ,Travelers rasualt-47 and surawx ComnepX of Amerim corporation organized and
existing Milder the laws of the State ofc— nec t is Md 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 famish materials for, or perform
labor upon` the building or improvements hereinafter referred to, in the penal sum of Sixteen
Million Nrjundxed T3i__M Thnuaand Dnllars and 0/106 DOLLARS ($16,930,000) 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,
suocessors4 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 _2061- N withthe Cityof
Denton, the Owner, dated the 27 _ day of November A D _2001., a copy of which is hereto
attached and made a part hereof, for Bided.- Pecan Cr & Water Replamatrnn Plant
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
Vol( 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 nonce 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
c \r Doo,m11nuliwis0isoa\w,wo,dleia 2734. Pcm Cmekdou 42/4/01
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters ansing out of such suretyship, as provided by Article
7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in b copies, each one of which
shall be deemed an original, this the _27 _ day of November, , _20U
A302f& Witness SURETY
Travelers Casualtv and Surety Company of America
BY ���� J'4 � k
BY� \
ATT Y- -F
Gina M Damato, Attorney -In -Fact
215 Shuman Blvd , Naperville, IL 60563
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is
NAME Christopher H Noble
STREETADDRESS 7920
Belt Line
Road,
Dallas, TX 75420
(NOTE Date of Payment
Bond must
be
date of Contract
If Resident Agent is not a
corporation, give apersonIs name)
�I
C \My Dmumanb\Ms 0f9w\Wmwwd&d 2734- Pawn Cmkdw IV4101
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Compames") hath made, constituted and appointed, and do by these
presents make, constitute and appoint Dwight F. Miller, David C. Banks, Janice B. Kaplan, Kevin P Nagel, Lorraine
Pozezinski, Eileen Lucitt, Carol F. Tasciotti, Evonne Brown, Adele M Korczak, Grace Villarreal, Gall Schroeder, Craig
Goesel, Rebecca L. Dauparas, Barbara J. Bailey, Chad Berberich, Cindy Genslmger, Gina M. Damato, Meredith C Covelli,
Thomas A. Pictor, Erik,Janssens, Jane Bronson, Carrie M Roder, Michael Damewood, Ginny Rockett, James L. Forshey,
Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, Robert W Speer, David Donovan-Schager, of
Naperville, Illinois, their true and lawful Attorney(s)-m-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge. at any place within the United States, the following mstrument(s) by his/her sole signature and act any and all
bonds, reoognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by thei duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now to f dl force and effect
STATE OF ILLINgIS )
) SS
COUNTY OF C4 )
Notary
9.2429 (07 97)
LUCITT
State of Illinois
1 EILEEN LUCITT a Notary Public in and for said County and
State, do hereby certify that Resident
Vice President, and Resident Assistant
Secretary, rTij4 m nnMnTp Attorney-m-Fact, of
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
who is personally known to me to be the same person _ whose
name Is subscribed to the foregoing Instrument, appeared before me this
day m person, and acknowledged that _ he _ signed, sealed and
delivered said Instrument, for and on behalf of TRAVELERS CASUALTY
AND SURETY COMPANY OF AMERICA, for the uses and purposes
therein set forth Given under my hand and notarial seal, this 27 th day
Of November 200I
a.va,u sir. a, wumn J=1knaraou rs now In run rorce Rua cnecr.
Notary Public
VOTED That the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any eattlficate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-m-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof; and any such power of attorney
or certificate bearing such le signature or facsimile east shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile tore and facamile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached
(11A0 standard)
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d0 ANVMOa )URHAS G" A.L'IVfISVO SKIWAVN.L 3o ivappaad 031A jopraS sr ogs/aq imp Aes pue asodap Pip
9uoms Alnp am Aq 8umq'ogm 'umouR aw of NOSaMOILL 'M 1!)uol9 awes AAeuowod ow wopq IOOZ'Alnf do Aep gi4Z sM u0
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SUTIRAVILL 'VORIZNiV 40 AINOV00 A ZHaS (INV )U'IVIISVO SIIZ'IRAVNZ 'AOi HRRM SSZNJLU M
Travelers
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT.
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at
Travelers Bond
Attn Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675-3130
(267)675-3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at
Texas Department of Insurance
P O Box 149104
Austin, TX 78714-9104
(800)252-3439
ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53 202, Property Code, effective
September 1, 2001
..Ian—Lb—Uz 03:16P
P.02
ACORD,N CERTIFICATE OF LIABILITY INSURANCE Page 1 ors
Ol/15/20D2
PROOULeK
THIS CERTIFICATE IS ISSUED AS A MATTER
OF INFORMATION
677-945 7372
(DOES ITS
OR
HOLDERNTH S CERTIFICATE NOT AMON END, EXTEND
canter
x l,111R sq�viosBlvd
L THE COVERAGE AFFORDED BY THE POLICIES BELOW
1F century
05191
Naohvll lq TO 17330R191
INSURERS AFFORDING COVERAGE
INOURHU Archer xgetern CpatranrOre, Ltd
INUURCRA LuAbereane MUtual CRaualty c-NemY 44977_Oul
slit AYRDYR "S•
Avenue
jp EIIHLRB zurirh AmIrLean rnsuranco CD any of XX!i 775b5-003
'
Ba21R
Arlingtoa, TX 76006
1 INBURPNU Old Eepubli0 Insurance COMRSny 24247 UDJ
I gURCRD
INS(IHHNC _
COVERAGEO
I HE poLIL.lES Of INSURANCE LISTFn OhLOW HAVE BEEN IaSUED TO I
ANY RFOUIHEMFNT IERM ON CONDITION OF ANY CONTRA(.t OR O
MAY PERTAIN THE INSUHAN(,L APFOROCO DY THr POLIOICO OUSCRIF
POLICIrS AOORFGAI E LIMITL SHOWN MAY HAVr OhEN RFOU(.EDSYF
T It nrl! IIeR POLICY NUMegB��
A aeeepAL LMe IUTr NEZIUTr4z900037 BTX
uUMMBnrIAI pCNERAvI 1 �IAlel ITV
LLAIMSMAIA r1w � ❑C ILIA
, "N L ACORR, Au I IMIT APPI IH] PCR
pow Y I U(
H Al1TnYnRN F I IAHIUYY BAY350438200
E ANYAUIO BAP350430400
a All MNPU AUTOS TAP350438300
5CNEnuIHOAUT09
I IIRCO ALITCIH
W)WOWNCOALM N,
eARAoe LIARIUTY
_. ANYAUTO
,J OCCUR I I CIAIMOMAOE
I*UUCTIBLE
_ RETFNIION 6
C WORKeROCOMP6NENTRINANO NWC 1077B300
EXECUTIVE INCLODED
Rail OH .... A
ProjectL Pecan Creek Water Reclamation Plant
Archer Western Sob N201131
City CE Denton
901-D rune. eL,R.p
Dent On, TX 76209
I
O 23 S (TI971
) NAMEU ABOVE FOR TFIF POLICY PPNIOD INDILA I EU N(1I W ITHSTANUII4G
MENT WITH RESPELI TO WH16H THIS ( ERTIFICATL MAY Or ISSUED ON
W 511R IF('T fO ALL THE TERMS EXCLUSIONS AND CONUITION9 OF SUCH
4/1/2001
4/l/2002
EAr4 I(.CURn9N(7
S 2,000, DU(Z
FIRE nAMAOC 'Any me m
S 100.000_
MCO Exp mCMHYAMI
8 - S.000
PFHM)NALAADVIRIURY
S 2,000, OQ0
GENERAI AGOREQAfF
a QUU. UUU
4/1/2002
PHUOUCTS (,(IMPIOPA00
COMRINNU 5INGLE(1M11
S 2. 000, QQQ_
4/l/2001
6
4/1/2001
4/1/2002
(...,.Jell)
RouILVINduRY
4/l/2001
4/1/2002
(Pm w1wR)
;
4
sop" "INJURY
P9OFPH%YOAMAGE
S
S
A1110ONLY EAAIIIIJHNf
OTHPR THAN UA1—„I—
AUIOONLY AOC
S
$11/3000 14/l/2002
SHOULD ANY OF THE ABOVE OESCRIE EO POULIES BE nANCELLEO BE FORE THE EXPIRATION
RATE TIIrnCCr THE IRAUIMG 1NFUREP W1.1 PNRPAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAM90 TO THE 1 EFT OUT FAILURE TO DO SO SHALL
IMrOSR No OMLIGATICN nR I IARII ITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRESHNTATIVEO
IUT/IORROOREPROSUNTATIVE Willis of Illinois, Ina
,337474 Tp1,61041 r-rr 1357532
leas
Jan-15-02 03:17P
P_03
is CFRTIFICATE OF LIABILITY INSURANCEPage Z of 3 obis%coca
077 94s 7777OH�LYCF(NDPCONhtKSSNo RIGHTS S A MUPONR OF HEICCR11FI INFORMATION
Willi. serviaa Center HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED @Y THE POLICIES BELOW
26 Century alva
v o Box 305191 INSURERS AFFORDING COVERAGE
Na811villc TH I12309191 _
Archer western Contractors, Ltd InsURERP Lmubermene Kutual Caouelty Company 27977-001
2121 Avenue do, 2nrich American Lnaur811oe company of i111 77695-002
sulta 103 INOURFnI Old RaDuhlic Insurance Company 29147 001
Arlington TX 16006
InOURERO
'he City Of Denton, its Officials, Agents. Employees, and Volllllleara, aIC ADDITIONAL INSUREDS
lertaining to General and Automobile Liability with reapact to liability arising out of the Named
:aeured,o eporationa on the raforwnced project
:hie insurance will be primary and non-contributory insurance with respect to any other available
.nourance CO the ADDITIONAL INOVRRDD fen the negligence, of the Tnanrwd on the referenced project
t 30
ced
,aid nolicY shall not he ivolceto the,Ownorai(i.i ty)OWOd oexcept wile++y LLaange policytiauboingdayaneeledDfor
written notice being gel
lonpaymmnt of premium in which cane 10 days advance written notice is required
p Waiver of Subrogation in favor of the ADDITIONAL INSURED$ is included on all pollCies reLerw""d
herein
1157532
Jan-15-02 03:17P
IMPORTANT
page 3 of 3
II tho crrtiticalu holder is all AnDITIONAL INSURED, the pnllcy(les) muat be endorsed A statement
on this certificate doss not confer rights to the certificate holder In lieu of such endorsernant(s)
If SUBROGATION IS WAIVED sub)ect to the torma and cnnditlons of tha policy, certain politdus uiay
requiro an enrlonsernant A statemont on this certificate doom not confer rights to the certificate
holder In lieu at such endarsemant(s)
DISCLAIMER
The Cortlfi6d10 of Insurance on tho reverse side of this form does not constitute a 4nnlitiO barwedn
the qtqninta tive or producer and the cartifica
affirmatively ore negatively latnend extend harIzed eoraMar [no coverage alln doe by the tpolit icdse listedr doom l
the eon
r33967a mp1 Finds Care 13575
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 cerdflcates and endorsements as prescribed
and provided herein, If an apparent low bidder fails to comply sMcdy 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 bird
Contractor shall not continence any work or deliver any material until he or she receives
nodf icadon 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
C \My Dom,mont \MS ofooMmwordMid 2734- Pomu Creek doo warm
00 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 SMALL NOT BE CANCELLED, NONRENEWED OR
MATER)ALLY 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 IODAYSADVANCE WRITTENNOTICE IS REQUIRED":
Should any of the required insurance be provided under a claims -made form,
Contractor shall maintain such coverage continuously throughout the tern 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 msurgnee 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 $_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
cmyDw=etasUSoffloo mwerdSid2734-PeomCre&doa 12/4MI
Q
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage
Coverage B shall include personal injury
Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
Broad form contractual liability (preferably by endorsement) covering this
contract, personal mlury 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 thin -3- 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
Workers Compensation hisurance
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
C \My Dmmm b\MS OfficaMmron"id 2934• Pmn Creak de" 12/4/01
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
thei 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 anse
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
C \My DoouwegtAM8 016oe\Wwwor"id 2734• Pecan Creek dw 12/4/01
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate" )-A copy of a certificate of insurance, a
certificate of authonty 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 persons 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 Imitation, independent contractors, subcontractors, leasing
companies, motor camers, 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 penod 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
C Wy Dwumata%ISOffoe\Www"dWid2734-Pw=Creakdm 12/4/01
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project
F The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project
H The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage
The contractor shall contractually require each person with whom it contracts to
provide services on a project, to'
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401011(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,
C \My Dm=eMelMs Off=\VrmwadUM 2734- Pem Cmk.dm 12/4/01
(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
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 carver 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 \My IJoown"\W Office\WmWad\Bid 2734- Pepe¢ Crwk.doo 12/4Po1
•• 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 xea&
"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 WRITTENNOTICE 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 ansing 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 tlus
agreement effective on the date of the lapse
SPECII IC 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, zf so noted
[X] A General Liability Insurance:
i General Liability insurance with combined single limits of not less than L151,000,000
-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
S \prch\Contracts DocumentsSid 2734 Pecan Creek doc 1215/01
[X]
[X]
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage
Coverage B shall include personal injury
Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability
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 ansing 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
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the mimmum 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
S \prch\Contracts Docuramts\atd 2734- Pecan Creek doe 12/5/01
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 anse
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
�000,000 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
[ x] 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
S \prch\Contracts Documents\Btd 2734 Pecan Creek doc 12/5/01