HomeMy WebLinkAbout2000-463ORDINANCENO OsXO—'14r
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE RELOCATION OF NORTH COUNTY LINE ROAD BRIDGE,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (BID 2601— NORTH LAKES PARK PEDESTRIAN BRIDGE AWARDED
TO SENECA CONTRACTING IN THE AMOUNT OF $131,000 00)
WHEREAS, the City has solicited, and received competitive sealed 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 respondent for the construction of the public works or
improvements described in the bid invitation, and plans and specifications therein, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction of public works
or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in
the Officq 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
2601 Seneca Contracting
$131,000 00
SECTION II That the acceptance and approval of the above competitive sealed bid 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 LII 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 Request for Sealed Bids, 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 sealed 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
approval
That this ordinance shall become effective immediately upon its passage and
PASSED AND APPROVED this the /� day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L P DUTY, CI Y ATTORNEY
BY
BID 2601 — North
EULINE BROCK, MAYOR
Bridge PUBLIC WORKS CONTRACTUAL ORDINANCE-2000
ATTACHMENT
TABULATION SHEET
Bid # 2601 Date 11/28/00
NORTH LAKES PARK PEDESTRIAN BRIDGE
No DESCRIPTION
VENDOR
VENDOR
VENDOR
VENDOR
SENECA
ASHLAR
GIBSON &
ORVAL HALL
CONTRACTING
ASSOCIATES
Pena le Place of Business
DENTON
LEWISVILLE
BALCH SPRINGS
FORT WORTH
TOTAL BASE BID
$131,000 00
$147,800 00
$133,370 00
$160,180 00
1
BID BOND
YES
YES
YES
YES
2
ATTACHMENT 2
CO F,
0
O
w
a
rPROPOSED BRIDGE LOCATION
O-V0 EXISTING PEDESTRIAN BRIDGE
(DISC GOLF PARKING
NORTH LAKES PARK
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 12day of December A D , 2000,
by and between City of Denton of the County of Denton and
State of Texas, acting through Michael W. Iez thereunto duly authorized so to do,
hereinafter termed "OWNER," and
of the City of Denton County of Denton and
State of Texas , hereinafter termed "CONTRACTOR "
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
Bid 2601 - North Lakes Park Pedestrian Bridge
in the amount of 131,000 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 I 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
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 his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
ATTEST
I
(SEAL)
SEAJECA CoNTIL/I('f)NG 0-o2p
CONTRACTOR
P, 0, Bou 14--l0
DErviorj �-foz-1470
MAILING ADDRESS
940 - 5l0 5- 1 14-1
PHONE NUMBER
940 - 3 e2-- 095 0
FAX NUMBER
BY A
TITLE P CS 1 06 rVT
14AR-PY M LDTNIL10615
APPROVED AS TO F09M PRINTED NAME
(SEAL)
CA-3
Bond # SA3836
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Seneca Contracting —whose
address is PO Box 1470 Denton, TX 76202 hereinafter called Principal, and
L1nitpeigt taa Fidelity R Guaranty Compnnnyy 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 Hundred Thirty One Thousand and no/100
DOLLARS ($ 131,000) 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 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 2000-463, with the
City of Denton, the Owner, dated the 12 day of December A D 2000, a copy of which
is hereto attached and made a part hereof, for Bid # 2601 - North Lakes Park Pedestrian
Bridge.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully rennburse and repay Owner all outlay and expense which the Owner may
incur in Making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates, and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7;19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the _12day of December 2000
ATTEST
m
SECRETARY
ATTEST
BY t`�
PRINCIPAL
Seneca Contracting Corporation
BY
PRESIDENT
SURETY
United ates Fidelity & Guaranty Company
B n AAA
ATTORNEY -IN -FACT Staci Gross
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME Boley Featherston Insurance Agency
STREET ADDRESS
701 Lamar, Wichita Falls, TX 76301
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, gave a person's name )
PB-2
Bond # SA3836
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Seneca Contracting whose
address is PO Box 1470 Denton. TX 76202 , hereinafter called Principal, and
United States Fidelity & Guaranty Company , a corporation organized and
existing under the laws of the State of MD , 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 Hupdred Thirty One Thousand and no/100 DOLLARS ($-1311ZQQ) 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 2000-463 , with
the City of Denton, the Owner, dated the 19 day of December AD 2000 , a copy of
which is hereto attached and made a part hereof, for Bid 2601 - North Lakes Park Pedestrian
Bridge -
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident (Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the _19 day of December , 2000
ATTEST
BY
SECRETARY
ATTEST
PRINCIPAL
BY
PRESIDENT
SURETY
United States Fid iity & Guaranty, Company
BY _
ATTORNEY -IN -FACT Staci Gross
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME Boley Featherston Insurance Agency
STREET ADDRESS 701 Lamar, Wichita Falls, TX 76301
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
POWER OF ATTORNEY
1heMbul
Power of Attorney No
Seaboard Surely Company
St Paul Fire and Marine Insurance Company
St Paul Guardian Insurance Company
St Paul Mercury Insurance Company
20290
United States Fidelity and Cuaranty Company
Fidelity and Guaranty Insurance Company
hrdelily, and Guaranty Insurance Underwriters, Inc
certificate No 602537
KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a cm potation duly org ma/Ld under the law, of the State of NLw York ad th it
St Paul Fire and Marme Insurance Company St Paul Guardian Insurance Company and SI P lot Mercury Insm mce Comp my an, corporation, duly org uu/Ld undo
the laws of the State of Minnesota and that United States Fidelity and Guaranty Company is a corpnr than duly org oozed undo the I iws of the State of M uyl Ind and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa not th it Fidelity and Guaranty IrhlilanLL
Undo wrilet, Inc IS a Lorporation duly organized under the laws of the State of WISLnnlm (heron uillei riveb (alli d th( Compam( s ) and that the Conrp rmLS do
hereby make Lonsutua, and appoint
Donal Boley, Steve Deal and Staci Gross
Wichita Falls Texas
of th, Cny of Slate then true and I JW IUI Attorney(,) in F ILI
Lzeh in their sLparate capacity if more than one is named above to Sign its name as ,mcly to and to execun. Seal and aLknowledge my ind all bonds unden ik nu%
Lontracts and other written instruments in the nature thereof on behalf of the Companies in their btMness of gun inteemg the fidelity of persons guararucunf, ihL
performatILL of contratts and exLeuting or guaranteung bonds and undertakings regupLd ro permitted in my actions or procu,dmgs allowed by law
IN WITNESS WHFREOF the Compamcs have L used this inslmmentYo'be signed and scaled this 1st day of December 1999
S,
Seaboard Surety Company United Stales Fidelity and Guaranty Company
St Paul Fire and Marine Insur traid"Complany 1,ide6ly and Guaranty Insurance company
St Paul Guardian Insurancet tar rpauy Fidelity and Guaranty InsurancL Ura erwrder+ Ini.
St Paul Mercury Insurance Copi y
y p��,xnM IFSGy pi xeu9at t L l/i
,Y .',SEAL
s AJ"� s�
7927 nrourt �, JOIIN F PHINNCY Vlu Ple+ld(m
SE 0.L G 38RL 1aBe 1977
P 9
State of Mtryl aid
City of Baltimore THOMAS F HUIBREGTSI As+r+rim Sunnry
On this lst day of December 1999 bctore me the undersigned ofhu,r pu,onally appLared John F Phinny and
Thomas E I Imbregtse who acknowledged themselves to be the Vice President and A,Sntant SLLILtary respectively of Seabo rid Solely Comp my St Pal t uL ad
Marine In,urul Company St Paul Guardian Insurance Company St Paul Mercury Insui true Comp my United States Fidthty not Guaranty C ompany Fidday and
Guar any Insurance Company and Fidelity and Guaranty Insuance Underwriters Inc ind that tht, seak iffrxul to the foregoing instrumtnt tie the corpor tie w its of
Sad ConipanILS and that they as such being authorized so to do executed the toregoing instiumLm for tht purpose, therein L ntained by Signing ihL nunLS of tht,
corporations by themselves as duly authorized officers
�4. i�5 .. ii �___ „
In Witness Whereof, I hereunto set my hand and official seal � p�BARY $
tiC S
My G(lmiitiwon expires the I$h day of July 2002 0� S� RFBPC(A LASLhY ONOKAL4 Not try Pohh(
AE CaY
86203 Rev 7 2000 Printed in U S A
This Power of Attorney is grantsd under nid by the authority of the following resolutions adopted by the Bowds of Directors of Seaboard Surety Company St Paul
Fire and Marine Insurance Compwv St Pro[ Guardian Insurance Company St Paul Memmy Insurance Company United States Fidelity and Guaranty Company
Fidelity and Guaranty Insur cast- Company and Fidolny and Go irvvy Insur nice Underwriters Inc on September 2 1998 which resolutions are now in full force and
effect reading as follows
RESOLVED, that in connection with the fidelity and surety insur nice business of the Company all bonds undertakings contracts and other men uments relating
to said business may be signed executcd and acknowledbed by persons of entities appointed as Attornt-y(s) in Fact pursuant to a Power of Attorney issued in
u.cordance With these re%olutiorn S rid Power(%) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company either by the Chairmsn or the President or any Viet- President or an Assistant Vice Pie%dent jointly with the Secretary or an Assistant Secretary
under their respective designations The signature of such officers may be engraved printed or lithographed The signature of each of the foregoing officers and
the seal of the Company miy be ifhxed by l inumle to any Power of Attorney or to any certificate relating thereto appointing Attorney(s) in Fact for purposes
only of executing and attesting bonds snd undertakings and other writings obligatory in the nature thereof and subject to any limitations set forth therein any
such Power of Attorncy, of certificate bearing such 1dc%miile signatmt- or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such luvmde signature and lat-snmle seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached nid
RESOLVED FURTHFR, that Attm ney(s) in Pact shall h ive the power and authority and in any case subject to the terms and limitations of the Power of
Attorney issued them to execute and deliver on behalf of the ( ompany and to attach the seal of the Company to any and all bonds and undertakings and other
writings obligatory in the nature thereof nid any such instrument executed by such Attorney(%) in Fact shall be as binding upon the Company a% rf signed by an
Executive Officer and uslt-d and attested to by the Secretary of the ( ompany
I rhonras E Hutbregtse Assist nit Secrct try of Seabo will Surety Company St Paul Fire and Marine Insurance Company St Paul Guardian Instuance Company
St Paul Mercury Insurance ( ompany United Stites Frdt-hty and Go a tiny Company Fidelity and Guaranty Insurance Company and Fidelity and Guaranty Insurance
Underwriters Inc do hcreby Letty that the above and foregoing is i fine and correct copy of the Power of Attorney executed by said Companies which is in full force
and effect and has not been revoked
IN TESTIMONY WHFRIfOI, I hereunto set my hand this 1.9th day of December 2000
fT 92;.!
yGC':
�cw v..E m� ;`seaci\ssxav,," 1977 arm / E
�,otawn ��isloo+'e i '' Thomas Hurbregtse A.snrent
Secretary
To verify the authenticity of this Power of Attorney, call 1 800 421 3880 and a¢JNfos} the Ppwer of Attprvtey clerk Please refer to the Power of Attorney number
the above named individuals and the details of the bond to which fire power is mtached�
s
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder maybe disqualified from award of the contract Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, ifso 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 tea&
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
• Should any of the required insurance be provided under a 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 ansmg during the contract term which give rise to claims made
after expiration of the contract shall be covered
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
[X] A General Liability Insurance•
General Liability insurance with combined single limits of not less than 061,000,000
shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage
• Coverage B shall include personal injury
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability
[X] Automobile Liability Insurance•
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than P1-000,000 either in a single policy or in a
combination of basic and umbrella or excess policies The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement for
• any auto, or
• all owned, hired and non -owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may 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 carves 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
[X] 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
[X]
ATTACHMENT 1
Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees This includes,
without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any
entity which 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 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,
(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 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
Bid 2601— North Lakes Park Pedestrian Bridge — CONTRACT, Bonds & INS 1-2001
BID NO 2601
PO NO
BID TABULATION SHEET
NORTH LAKES PARK PEDESTRIAN BRIDGE
ITEM 11
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
1
Contractors Warranties and
Understanding1
LS
o
$ 4000
Oo
$ 5000—
Unit Price in Words FI VE 714 OUS
N 4) 000, A 2 5
2
Remove and Relocate Existing Truss
Bride
1
LS
r. oo
$ 5o) 0000
,0
$ $0 000`
Unit Price in Words t'iFTY 'T qoU,5A
No DOLL Ak.-S
3
Structural Steel Repairs
1
LS
$ Op0
$ p0
OD0-
Unit Price in Words SI X -Ti-IOUSA
0 DOLLAR-5
4
Timber Deck Replacement
1
LS
$ 13 00 0"
ou
$ 0 o o —
Uriit Price in Words :rhjIkTEEnj-TH,0LjSAQQoLI.AJLS
5
Bridge Painting/Sandblasting
1
LS
$ i3 000
is °
ODD`
UnitPnceinWords IR--TEEr4
OUSAOO Dot-0A2S
6
24" Drilled Piers
90
LF
$ i 00 00 .
$ 9 0 DD 2
Unit Price in Words 0hjF0 E
(}pL+ A1�S
Concrete Abutments and Approach
Slabs
1
LS
o0
$ 13 0.00"
60
$ IS 000—
UnitPnceinWords - I4iRTEEtJ '(
oUSAup VOLA S
8
Wooden Handrail
1
LS
$ 9 opo00
$ 9 boo °a
Unit Price In Words E, T140JSA i
J.0 00Lt,ARS
9
Mobilization
1
LS
$ 00
5)ooc�—
$ 5 00000
Unit Price in Words IP', Va 7N0US
NO DOLLA R-S
10
Traffic Control Plan
1
LS
$ JC 0 O b'
$ 5 0 0 0
Unit Price in Words Vl Vr— T Woos
N.0 OOLLALS
11
Sediment Control Plan
1
LS Is
3 o no
$ g 000 05
UriitPncemWords
-rW2EC— TWo
SA"O (dot LA2S
TOTAL BID
$
131/ 000 °o
P-3
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure
proper compliance with the terms and provisions of the contract, to insure and
guarantee the work until final completion and acceptance, and to guarantee payment for
all lawful claims for labor performed and materials furnished in the fulfillment of the
contract
It is understood that the work proposed to be done shall be accepted, when fully
completed and finished in accordance with the plans and specifications, to the
satisfaction of the Engineer
The undersigned certifies that the bid prices contained in this proposal have been
carefully checked and are submitted as correct and final
Unit and lump -sum prices as shown for each item listed in this proposal, shall control
over extensions
CoAvTK4CT/ AvC�
-E,NT0 NJ TE
Tale
phgne s
94-0 - 56 s-- / 14-
Seal (If a Corporation)
COkPOn/�Tiunl
'PLES 0 t u i)
-0-38Z-10950
P-4
Client# "i1I
LyD11aiarr
ACORaa CERTIFICATE OF
LIABILITY
INSURANCE
of/22/01
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Higginbotham & Assoc Inc
ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
,
DBA Denton Insurance Center
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER
THE COVERAGE AFFORDED BY THE POLICIES BELOW
P O Drawer C
Denton, TX 76202
INSURER
INSURERS AFFORDING COVERAGE
BITUMINOUS INSURANCE CO
INSURED
Seneca Contracting Corporation
P O Box 1470
INSURER
-- -
Denton, TX 76202
INSURER C
INSURERD
NSURERE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFpCTI DATE �E POLICY EXPIRATION I DATE (Ni LIMITS
A
GENERAL LIABILITY
CLP3062013B
07/01/00
07/01/01
EACH OCCURRENCE
$1, 000, 000
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Anyone fire)
$ 100, 000
CLAIMS MADE X J OCCUR
MED EXP (Any one Person)
$ 5, 000
PERSONAL &ADV INJURY_
$1, 000, 000
GENERALAGGREG_ATE_
$2, 000, 000
GENLAGGREGATELIMITAPPLIESPER
PRODUCTS COMP/OP AGG
S2 00�O 000
POLICY D PRO Lam,
--
— ---
A
AUTOMOBILE
LIABILITY
CAP3089181B
07/01/00
07/01/01
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$1 , 000, 000
_
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per Person)
X
HIRED AUTOS
BODILY INJURY
$
X
NON OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
(Peraccident)
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
$
OTHER THAN EA ACC
ANY AUTO
$
AUTO ONLY AGO
$
A
EXCESSUABILITY
CUP2527034B
07/01/00 07/01/01
EACH OCCURRENCE
$1 000,000
X OCCUR 1:1CLAIMS MADE
AGGREGATE
$1 , 0 0 0 , 000
_ _
DEDUCTIBLE
$
RETENTION $
$
A
WORKERS COMPENSATION AND
WC3088662
07/01/00
07/O1/01
WCSTATU
EMPLOYERS LIABILITY
$__ 5 _0 0, 0 0 0
E L EACH ACCIDENT _
E L DISEASE EA EMPLOYEE
$ 5 0 Ol 0 0 0
EL DISEASE POLICY LIMIT
$ 5 0 0 000
OTHER
DESCRIPTION OF OPERATIONSAACATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE Bid 2601 North Lakes Park Pedestrian Bridge
Cancellation Clause is amended to Read Policies shall not be Cancelled,
Nonrenewed Or Materially Changed Without 30 Days Advanced Written Notice
Being Given To The City of Denton, Texas Except When The Policy Is Being
(See Attached Descriptions)
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Denton, Texas DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TOMAIL 30 DAYSWRITTEN
901-B Texas Street NOTICETOTHECERTIFICATE HOLDER NAMED TOTHELEFT BUTFAILURETOOOSOSHALL
Denton, TX 76201 IMPOSE NOOBLIGATION OR LIABILITY OF ANYKIN D UPON THE INSURER ITSAGENTS OR
S53226/M48187 MYA 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
AC0RD26-S(7/97)2 of 3 #S53226/M48187
DESCRIPTIONS (Continued from Page 1)
Cancelled For Nonpayment of Premium In Which Case 10 Days Advance Written
Notice Is Required
All Policies Except the Worker's Compensation are amended to include the
City of Denton, its Officials, Agents, Employees and volunteers as
Additional Insured Insurance is primary to any other insurance
available to the City of Denton 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
The Workers' Compensation Policy included a Waiver of Subrogation in favor
of the City of Denton, its officials, agents, employees and volunteers
AMS 253(07/97) 3 of 3 #S53226 M48187