HomeMy WebLinkAbout2001-456ORDINANCE NO O401 0
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST SERVICE AREA
ELEVATED STORAGE TANK, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2721— CONSTRUCTION OF
NORTHWEST SERVICE AREA ELEVATED STORAGE TANK AWARDED TO LANDMARK
STRUCTURES I, L P IN THE AMOUNT OF $1,418,700)
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
2721 Landmark Structures I, L P $1,418,700
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective Immediately upon its passage and
approval
PASSED AND APPROVED this the — day of 4V446,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CgY ATTORNEY
Im
BID 2721-CONTRAMtAL ORDINANCE
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CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this _4 day of December A D , 2001,
by and between City of Denton of the County of Tknron and
State of Texas, acting through Michael A Cond1L _thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Landmark Stmaturee T, I• E
1665 Harmon Road
Fort Worth IX 7177
of the City of Ft. Wnrth , County of Tarrant and State of TeXa-s
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 $1,418,700 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 fiumsh 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
and the Specifications therefore, as prepared by
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 lus designee under this agreement
Indemmftcation
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 he in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the, Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written 44
0
(SEAL)
ATTEST
Landmark Structures I, L P
by Landmark Stru res, agement, Inc General Partner
CONTRACT
Mika lmmnn. Secretary
1665 Harmon Road
Fort Worth, TX 76177
MAILING ADDRESS
(817) 439-8888
PHONE NUMBER
(817) 439-9001
FAX NUMBER
BYVics President
TITLE
Eric Lemon
APPROVED AS TO FORM PRINTED NAME
�_ iy7�ih_'/�C c�7/w�� (SEAL)
CITY ATTORREY
CA-3
BOND NO 6314542
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Landmark L L.P. whose address
is 1665 Harmon Road Fort Worth TX 76177 , hereinafter called Principal, and
Fidelity And Deposit company Of Maryland, a corporation organized and
existing under the laws of the State of Maryland , 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 One Million Four Hundred Eighteen Thousand even
Hundred and 0/100 DOLLARS ($1,419 700) 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 2001-456, with the
City of Denton, the Owner, dated the 4 day of December A D 2001, a copy of which
is hereto attached and made a part hereof, for Rid # 2721 - Construction of the Northwest
Service Area Elevated Storage Tank.
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 ands 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 some, 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
719-1 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 December _2001
ATTEST
BY
SECRE .AR , Mik amon
ATTEST
PRINCIPAL Landmark Structures 1,, LLjP
by Landmark Structures Managp(jp�Fij:,7,p6 General Partner
BY
Vice
SURETY
BY
Fidelity And De os t Company Of Maryland
(j
J n Sarnovsky Attorne-in-FactBY
ATTORNEY -IN -FACT Michael Gross
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is
NAME Tracey L Haley
STREETADDRESS 12222 Merit Dr , Suite 900, Dallas, TX 75251
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE P O BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation, of the State of Maryland, by M J ANDERSON, Vice President, and T E SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse
side hereof,and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint Chris Enright, John Sarnovsky, David Saltmarsh, Michael Gross,,,Ray A Blyler, Jr, Lilts Royko and Jennifer
Jones, all of Toronto, Ontario, EACH its true and law t and A -in-Fact, to make, execute, seal and deliver,
for, and on its behalf as surety, and as its act and deed ndob
and undertakings and the execution of such
bonds or undertakings m pursuance of these presents a aupon said Company, as fully and amply, to all
intents and purposes, as if they had been duly execut acknowy the regularly elected officers of the Company at
its office m Baltmore, Md, m their own proper s Thisof attorney revokes that issued on behalf of Chris
Enright, John Sarnovsky, David Saltmarsh, Mic oss, Ray Jr, , Lilia Royko, and Jennifer Jones, dated October
19, 2000 <W
The said Assistant Secretary does herebfc the ex,set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Companowm�Fyy`'.��;..���,,�IN WITNESS WHEREOF, the saiside Md Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the sai"�EPOSIT COMPANY OF MARYLAND, this 1 st day of November,
A D 2000 Q
ATTEST FIDUTY ANQO
POSIT COMPANY OF MARYLAND
0 �
re B
,r,ram� Y
T E Smith ssistant Secretary M J Anderson Vice President
State of Maryland l ss
County of Baltimore f
On this 1st day of November, A D 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M J ANDERSON, Vice President, and T E SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the sea' affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written
Carol J Fader Notary Public
My Commission Expires August 1, 2004
POA-F 210-
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2 The Chauman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys-m-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, and to affix the seal of the Company thereto "
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the
date of this certificate, and I do further certify that the Vice -President who executed the said Power of Attorney was one of
the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-m-Fact as provided in
Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990
RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed "
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 4th dayof December 2001
Assutant Secretary
BOND NO 6314542
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Landmark i T. P. , whose address
is 1655 Harmon Road Fort Worth TX 76177 , hereinafter called Principal, and
Fidelity And Deposit Company of Maryland, a corporation organized and
existing under the laws of the State ofMary1and and fully authorized to transact business in
the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
One Million Four Hundred Eighteen Thousand Seven Hundred 0/100 DOLLARS ($1,418,700)
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 2001-456 , with
the City of Denton, the Owner, dated the 4 day of January A D 2001 , a copy of
which is hereto attached and made a part hereof, for Bid 2721 - Construction of the Northwest
Service Area Elevated StoragTank-
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,
Drawmgs; 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 ansmg out of such suretyship, as provided by Article
719-1 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 Deremher 2nn 1
ATTEST
BY
SECRET Lemon
ATTEST
BY
Joa Sarnovsky Attorne -in-Fact
PRINCIPAL Landmark Structures I, L,P
Partner
SURETY
Fidelity And Depo it Company Of Maryland
BY
ATTORNEY -IN -FACT Michael Gross
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the processes
Ik/\TIC
Tracey L Haley
STREET ADDRESS 12222 Merit Dr , Suite 900, Dallas, TX 75251
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name)
UMM
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE' P 0 BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M J ANDERSON, Vice President, and T E SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint Chris Enright, John Sarnovsky, David Saltmarsh, Michael Gros Ray A Blyler, Jr, Lilia Royko and Jennifer
Jones, all of Toronto, Ontario, EACH its true and law pt and A -in-Fact, to make, execute, seal and deliver,
for, and on its behalf as surety, and as its act and deed nd all and undertakings and the execution of such
bonds or undertakings in pursuance of these presents a as b upon said Company, as fully and amply, to all
intents and purposes, as if they had been duly execut acknow y the regularly elected officers of the Company at
its office in Baltimore, Md , in their own proper s This of attorney revokes that issued on behalf of Chris
Enright, John Sarnovsky, David Saltmarsh, Mic oss, Ray ler, Jr, Lilia Royko, and Jennifer Jones, dated October
19,2000
The said Assistant Secretary does hereby t the ei�si set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company now m p� v
IN WITNESS WHEREOF, the sai �-Preside 3�d Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the sai ffD LITY�EPOSIT COMPANY OF MARYLAND, this 1 st day of November,
A D 2000 ��tt,O,,��`"
ATTEST FIDEiGITY ANOSIT COMPANY OF MARYLAND
�ww
By
T E Smith � Xssistant Secretary M J Anderson Vice President
State of Marylandl ss
County of Baltimore)
On this 1st day of November, AD 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M J ANDERSON, Vice President, and T E SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written
Carol J Fader Notary Public
My Commission Expires August 1, 2004
POA-F 210-
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2 The Chauman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys-m-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, and to affix the seal of the Company thereto "
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the
date of this certificate, and I do further certify that the Vice -President who executed the said Power of Attorney was one of
the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-m-Fact as provided in
Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the IOth day of May, 1990
RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed "
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 4th dayof December 2001
Assistant Secretary
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 submitdon the availability of insurance certificates and endorsements as prescribed
and provided herelm If an apparent low bidder fails to comply strictly with the insurance
requirements) that bidder may be disqual{fted 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 mmimum 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 specfcatrons, 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 seed:
"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 DAYSADVANCE 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 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, rf so noted
[X] A General Liability Insurance:
General Liability insurance with combined single limits of not less than $.1,000,000
shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
[X]
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
Singles Limits (CSL) of not less than 0000 000 either in a single policy or in a
combination of basic and umbrella or excess policies The policy will include bodily
injury land property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement for
any auto, or
all owned, hired and non -owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406 996 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 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
ATTACHMENT 1
DJ 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 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 carvers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering equipment
or materials, or providing labor, transportation, or other service related to a project
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor providing services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
(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 mad 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,
(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 signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by
workers' compensation coverage for the duration of the project, that the coverage
will be based on proper reporting of classification codes and payroll amounts, and
that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
01/21/2002 09 35 LANDMARK STRUCTURES 4 19403497302
ACOR - I ERTIFICATE OF LIABILITY INSURANCE
Cadenhead Shrefflea TiosutatiL.e
P,0 Box 1119
Badfoid, TX 76095
811 589-4500
1N6YHED Landmark Structures I, LP
1663 Hamlon Road
Fort Worth, TX 76177
DA11
MMmDNY)
01)18102
INSURERS AFFORDING COVERAGE
�Nvunenk Lumbermen'$ Mutual Casualty Comp
INSVRfiRB Northern Insurance Company of NY
INSURERG Kemper insurance Company
IINSURERO Valiant Insurance Company
INSURER E
RJVzM
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEO NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CA OTHER DOCUMENT WI-H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INBUnA 03 APPORDBO BY THE POLICIES DESCRIBED HEREIN 15 6UWECf TO ALL THt
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
1tHMS, EXCLU31ONS AND CONO'TI NSOFSUCH ,
TYPE 01' INAIIAAMCA POLICY NUMSlR LIMITS
A 4LS00206301 07/14/01 ,07/14/02
DACHOCCURRENCE ,s�, 0 C 0 1000
10E111ERALLIASILITY
�t CaMMIPCIAL OENER_AL LIABiLIx ICleimsma le
'I P14E UAMAGE Wry rma llU) E1001000
1 X CLAIMS MADE }SI ODOUR Professional Liab
MED EXP(My On* PP,W) $10, 000
IX_$lkt AI/WOA3/30 Pollution Liab I
I
PERSONINJURY E1,000,UUU 7
r) Ijjj
I
cSNERALAGGRGGGRfiOATE 92,000, U 0
d
ADDAEEATELIM IT APPLIES PER Als zeC�L11 J: eLJ by I
PROOUCTS COMPrOP AGG ' Si , UUU , U U 0> {
'
FOlHI I
POdCY Iffil I LOC Writ&en contract
-.4 -
8 ,AUTOMUIMLAUAPIi, / CON50835587 07 14/Ol 107/14 Ul
IICOMOINEDSINGLE LIMIT 101, 000, 000 I
fEa Accroam)
X ANY AUTO
I
ALL OWNED AUTOS I
BODILY INJURY 1
fPa »na1J }
F
1 6GMFOULEOAVTOB I
I
X HIREDAUTOS
I
BODILY INJURY S
I
�X 1NON OWNED auTos IAs required by
I
"W"Olde"11 1
X Hlkt AI /WO$/30 written contract
PYDAMAOE !
I
I 1—
(Parot 0AP41C'aA0
OARAOE VAEIIJTV I
) AUTOONLY EA ACCIOeNT IS
ANY AUTO '
OTr1an TI IAN EA ACC IS
AUTO ONLY AGO IS
C EXCESS LIABILIT? 14LS00206001 07/14/01 07/14/02IEACHr1CCUARBNCE
1,101000,0O
AOOREOAIE — — -S1 01- O O 0-1 O O
Profnesional Liab 1
DEDUCTIBLE Included I
y
I ' R TSN s
D WORBEIq COMPENSATIONAND TC2S0537506 07 14/01 07/14/02
X TORY MIT, CA
EMPLOVIRS UASILRY I I
I k L EACH Af CIDENT 1500,000
required by
IEL DISEASE EA EMPLOYEE 65001000
Blkt W09/30 IAs
1
X' W ten pontreLct I
EL 016 ABE POLICY LIMIT SSUU UUU
OTH"
I I
I ,
I i
BESONPPON OF OAIMTIONK0011WONAM1PWOL.BBIOXCLUEIONB ADDED BY lNINMBAMENIIBPBCIPL YNANI4I0019
Job Hid 2721-Construction of the Northwest Service Area Elevated Storage
Tank Carti£aeate Holder (Owner) and Engineer are ineludod as Additional
Insureds on General Liability A Waiver of Subrogation
is included In
favor of the amme on all policies. Said policy &hall not be cancelled, I
I(See Attached Descriptions)
I
City of Denton
9018 Texas Street
Denton, TX 76201
911DULD MITw TNEABOYB DESCRIBED POLIG1e8BE CAW 0l LLED SEFCM THE EXPIRATION
DATE TMIREOP, THE ISSUING INBURBR WILL ENDEAVOR TOMAIL 3 0 OAYSWIETTEN
NOTICE TOTHE CER11MATE HOLOERNAMED 70THELEFT BUTPAX,UAE TO D0808HALL
IMPOSE NOOBLIGATION OR LIABILITY Of ANY WNO UPON THE INSURER ITS AGENTS OR
BBPRESONTATIVEIL
T a A
0806 DSB 0 AGORO CORPORATION 11
Wa $v've ZO-eT-Nur
01/21/2002 09 35 LANDMARK STRUCTURES 4 19403497302
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the polley(les) must be endorsed A statement
on this certificate does not confer rights to the cenllldate holder in lieu of such endorsement(s)
it SUBRQGATION IS WAIVED subject to the terms and conditions of the Polley, certain policies may
require an endorsement A statement On this certificate does not confer rights to the certificate
holder In flew of such endorsements)
DISCLAIMER
The Certifloats of insurance on the reverse side of this form does not constitute a contract between
the Issuing Insuror(s), authorized representative or producer and the certificate hoidor, not dove It
affirmatively or negatively amend, extend or alter the coverage aflorded by the policies listed thereon
AGGIRC2"PM12 of 3 #M20806
Wa 20:to ZO-SS-NOA
20'd
01/21/2002 09 :55 LANDMARK STRUCTURES i 19403497302 NO 340 9004
e
DESCRIPTIONS (Continued from Page 1)
nonrenewed or materially
being given to the owner
nonpayment of premium in
required.
changed without 30 days advanced wr=tten notice
(City) except when the policy is being for
which case 10 days advance written notice is
AMS WJ J97197) 3 Of ! #M20806
Wa £b be ze-BS—Wod'
rA d