HomeMy WebLinkAbout1999-025ORDINANCE NO qL- 007,6-
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR ROADWAY BORES UNDER UNIVERSITY AT ELM AND UNIVERSITY
AT LOCUST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE (BID #2327 — BORES, UNIVERSITY DRIVE AT ELM
AND LOCUST IN THE AMOUNT OF $77,605)
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
NLJMB CONTRACTOR AMOUNT
2327 DUVAL & SONS, INC. $77,605
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:4 day of ,1999
JACK MILLE , MAY R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
/r
APPROVED•'
HERBERT
PROUTY, CITY
ATTORNEY
BY /i /
,
2327 - BORES, UNIVERSITY AT ELM AND LOCUST ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, trade and entered into this 2 day of FEBRUARY A.D., 1999, by and
between CITY OF DENTON of the County of DENTON and State of Texas, acting through
MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DUVAL & SONS, INC.
6125 DEWITT
SACHSE, TX 75048
of the City of SACHSE County of DALLAS 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 # 2327— BORES, UNIVERSITY DRIVE AT ELM AND LOCUST
in the amount of $ 779605 and all extra work in connection therewith, under the terms
as stated in the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal attached hereto, and
in accordance with all the General Conditions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in
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accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, mvitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
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IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
APPROVED AS TO FORM
CITY ATTORNEY
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7 0 Boy, 4-7,Z 3 17i Garland kx
MAILING ADDRESS ITS 04'7
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917- 491:-)- loss
PHONE NUMBER
C)l2- 495-�0lc�
FAX NU
BY Z761 + , . �rQS
TITLE
'` IQt'rQ � 1�1tiVCc
PRINTED NAME
(SEAL)
Bond No TXC 1564
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DUVAL & SONS, INC, whose
address is 6125 DEWITT, SACHSE, TX 75048, hereinafter called Principal, and
MERCHANTS BONDING COMPANY (MUTUAL) , a corporation organized and
existing under the laws of the State of IOM , and fu11y 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 SEVENTY SEVEN THOUSAND SIX HUNDRED FIVE and
no/100 DOLLARS ($77,605) 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 99-025, with the City of
Denton, the Owner, dated the 2 day of FEBRUARY A.D 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2327 — BORES, UNIVERSITY DRIVE AT ELM
AND LOCUST.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
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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 tune, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
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 herem 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 whirih
shall be deemed an original, this the 2 day of FEBRUARY 1999
ATTEST
BY )AAVL .✓
ATTEST
PRINCIPAL
SONS,
BY
PRESIDENT-
SURETY
MERaiANPS BONDING oomPANY (muTZ1AL)
BY �� /.
ATTOR N A Ray Watson
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME Don E. Smith
STREET ADDRESS
3105 Prestonwood Dr., Plano Tx 75093
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name )
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Merchants Bondin
L) g Company
(MUTUA
POWER OF ATTORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL) a corporation duly organized under the
of the State of Iowa, and having Its principal office In the Clry of Dee Moines County of Polk State of Iowa ham made constituted
appointed and does by mesa presents make, constitute and appoint
Ray Watson, aTtd/tD1:• Dan 19. ftith
W and State of TEII its true and lawful Attorney In Friel with lull r
and aumorily ereby conferred in Its name, p� and stead, to sign, execute, acWwwledge and "Ivor in its behalf in surety arty all
bonds undertakings, recognizance$ or other written obligations In the nature thereof, sublect to the limitation that any such Instrument e I
not exceed the amount of
ON to bind me MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the Same extent as If such bond or undertaking'
pinned by the duly authorized
autauthority izedhereofficers �MERCHANT'Shereby Band ONDING COMPANY (MUTUAL), and all such acts of sakt Attorney In�F
rsuant to the
rmed
This Po rromf4 tomey is made and executed punauant to and by authority of the following Amended Substituted and Restated By L
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3 1992
ARTICLE II, SECTIONS —The Chairman of the Board or President orany Vlce President or Secretary shall have power and aul
fly to appoint AltonarylAn-Fact, and to authorize them to execute on behaff of the Company and attach the Seal of the Corn;
thereto, bonds and undertaldngs, f000gnizancee, contracts of Indemnity and other writings obligatory in the nature thereof
ARTICLE 11, SECTION B — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to
Power, of Attorney or Certification thereof authorizing the execution and dellvery of any bond undertaking recognizance, or c
sure" obligations of the Company, and such signature and seal when eo used shall have the same force and effect as the
mal"Iy Poled
In Witness Whereof MERCHANTS BONDING COMPANY (MUTUAL) has caused mesa presents to be signed by Its Vkx-President
its corporate aset to be hereto affixed, this lot day of January 1998 AD
• �O`NQ CQ•�A MERCHANTS BONDING COMPANY (MUTT
;•� OpPOgq %y:
y , 1933 c: By
74
. dh, t,1 . nw vww•x
STATE OF IOWA •••• •; • • •�•
COUNTYOFIPOLK sit
On this let day of J 1996 before me appeared Larry Taylor, me
personally known who being by me duly sworn did say that hce President of the MERCHANTS BONDING COMPANY (M L)
the corporation described In the foregoing Instrument, and that the Seat affixed to the said Instrument Is the Corporate Seal of the Old
Corporation and that the said instrument was signed and Sealed in behalf of Said Corporation by authority of Its Board of Directors
In Testimony Whereof. 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines Iowa, the day and
above written
STATE OF IOWA
COUNTY OF POLK as
Mo •:
J.•.... `yam•:
IOWA Z S
P
••
OU4U4 A�L4
Notary Public Polk County
My Commission
Expires 2.19-01
I, William Warner, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and fore
b a true and correct copy o1 me POWER -OF ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL) which
in force and affect
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on
this day Of to' _lpam% '•%Q •••
• O APO 9 . aw.rvr '
its
mat• y 1933 c:
cr.
No TXC 1564
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DUVAL & SONS, INI
address is 6125 DEWITT, SACHSE, TX 75048, hereinafter called Principal, and_
MERCHANTS BONDING COMPANY (MUTUAL) , a corporation organ
existing under the laws of the State of ia*k , and fully authorized to transact busn
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
corporation organized and existing under the laws of the State of Texas, herema
Owner, and unto all persons, firms, and corporations who may furnish materia
perform labor upon, the building or improvements hereinafter referred to, in the pej
SEVENTY SEVEN THOUSAND SIX HUNDRED FIVE and no/100 DOLLARS
in lawful money of the United States, to be paid in Denton, County, Texas, for the I
which sum well and truly to be made, we hereby bind ourselves, our heirs,
administrators, successors, and assigns, jointly and severally, firmly by these presf
Bond shall automatically be increased by the amount of any Change Order or Sul
Agreement which increases the Contract price, but in no event shall a Change
Supplemental Agreement which reduces the Contract price decrease the penal st
Bond
, whose
;d and
is in the
umcipal
r called
for, or
sum of
177,605)
anent of
.ecutors,
s This
lemental
)rder or
of this
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the rincipal
entered into a certain Contract, identified by Ordinance Number 99-025, with the City of
Denton, the Owner, dated the 2 day of FEBRUARY A.D. 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2327 - BORES, UNIVERSITY DRIVE AT ELM
AND LOCUST.
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,
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value receiv
stipulates and agrees that no change, extension of time, alteration or addition to tl
the Contract, or to the Work to be performed thereunder, or to the Plans, Spt
Drawings, etc , accompanying the same, shall in anywise affect its obligation on
and it does hereby waive notice of any such change, extension of time, alteration or
the terms of the Contract, or to the Work to be performed thereunder, or to
Specifications, Drawings, etc
PB-3
venue
hereby
terms of
Bond,
tion to
Plans,
This Bond is given pursuant to the provisions of Chapter 2253 of
Government Code, as amended, and any other applicable statutes of the State of Te:
Texas
The undersigned and designated agent is hereby designated by the Surety her in 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 o Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one Of which
shall be deemed an original, this the 2 day of FEBRUARY 1999
ATTEST
wy
ILL
..a/
ATTEST
PRINCIPAL
DUVAL & SONS, INC.
M
SURETY
I-YA
The Resident Agent of the Surety in Denton County, Texas for delivery of notice
of the process is
NAME
STREET ADDRESS
Don E. Smith
3105 Prestonwood Dr., Plano TX 75093
(MUTUAL)
Watson
service
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person Is name )
2327 CONTRACT & BONDS
Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know All MM By These Pre9ents, that the MERCHANTS BONDING COMPANY (MUTUAL) a corporation duly organized under the laws
Of the Stale 0 Iowa, and having Its prindpal office In the City of Des Moines County of Polk State of Iowa, ham made constituted and
appointed and does by mesa presents make, constitute and appoint
Ray Piatson and/or Don E. South
of gyd,1:rd In and State of Texas Its true and lawful Attorney in Fact with full power
and autixuity �i"reby__ conferred In Its name, place and stead, to sign execute, acknowledge and deliver in Its behalf as surety any and SO
bonds, undertakings, recognizences or other written obligations In the nature thereof, subject to the limitation that any such Instrument shall
not exceed Bib amount of
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as If such bond or undertaking was
signed by thelduly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL) and all such acts of said Attorney in Fact,
pursuant to the authority herein given are hereby rallied and confirmed
This Powerpf-Attorney Is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3 1082
ARTICLE 11, SECTION 8 —The Chairman of the Board or President or any Vice President or Secretary shall have power and author
tty to appoint Attomsys-Io-Fact, and to authorize them to execute on behalf of the Company and attach the Seel of the Company
thereto, bonds and undertaings, recognlzencee, contracts of Indemnify and other writings obligatory In the nature thereof
ARTICLE 11, SECTION g — The signature of any authorized off ow and the Seal of the Company may be affixed by facsimile to any
Poweq of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking recognizance, or other
Suretyship obligations of the Company, and such signature and Seal when so used shall have the same force and effect as though
ly
In Whness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Vloe-President and
Its corporate seat to be hereto affixed, this fat day of January 1998 A D
001 •(•.•O• ••
MERCHANTS BONDING COMPANY (MUTUAL)
•
.$.
By d ��
1933
y, ti :
STATE OF IOWA •••.,'„•••
COUNTYOFIPOLK m
On this lot day of Januat9 1996 before me appeared Larry Taybr, to me
COMPANY
personally blown, who being by me duly Sworn did say mat he is Vice Presidenfal the
MERCHANTS BONDING (MUTUAL)
the orporaton described In the foregoing Instrument, and that the Seal affixed to the said Instrument IS the Corporate Seel of the Said
Corporation and that the geld Instrument was signed and sealed in behalf of mid Corporation by authority of Its Board of Directors
In Testimony Whereat I have hereunto eat my hand and affixed my Official Seal at
the City of Des Moines Iowa, the day and year first
above written
• Y. MQC •••
��C'✓tsW►'7
•
9 ,
Notary Pubk, Polk County Iowa
• �•IOWA
My Commission
•%son ••.
Expires 2-19-01
5,°p •:
••,
STATE OF IOWA 4191 AL ,•'
•••••••-0
COUNTY OF POLK as
I William Wainer, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing
is a true and boned copy of the POWER -OF ATTORNEY, executed by mid MERCHANTS BONDING COMPANY (MUTUAL), which is still
In force and affect.
In Witnes&lWhorgof I have hereunto eat my hand and affixed the Seal of the Company on
this daybf G,.JOIvaaA.� ,g, q9 .•DING Cp,�•,, �.
•as•C' A-
.r-- . -a- r^ .
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in
advance of Bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent low bidder fails to comply strictly with the
insurance requirements, that bidder may be disqualified from award of the contract Upon
bid award, all insurance requirements shall become contractual obligations, which the
success d bidder shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the project Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A M Best Company rating of at least A
• Any deductibles or self -insured retentions shall be declared in the bid proposal If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses
• Liability policies shall be endorsed to provide the following
•• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
•• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that
this insurance applies separately to each insured against whom claim is made
or suit is brought The inclusion of more than one insured shall not operate
to increase the insurer's limit of liability
• All policies shall be endorsed to provide thirty (30) days prior written notice of
cancellation, non -renewal or reduction in coverage
• Should any of the required insurance be provided under a claims -made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
[XI A General Liability Insurance:
General Liability insurance with combined single limits of not less than 1,000,000
shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage
Coverage B shall include personal injury
Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
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
M Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 1,000,000 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 arismg out of the operation, maintenance and use
of all automobiles and mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement for
any auto, or
all owned, hired and non -owned autos
[XI Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the mimmum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per
each employee, and a $500,000 policy limit for occupational disease The City need
not be named as an "Additional Insured" but the insurer shall agree to waive all rights
of subrogation against the City, its officials, agents, employees and volunteers for any
work performed for the City by the Named Insured For building or construction
projects, the Contractor shall comply with the provisions of Attachment 1 in accordance
with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all tunes 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 mjury
which may arise in the prosecution of the work or Contractor's operations under this
contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by
the same insurance company that carries the Contractor's liability insurance Policy
limits will be at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable
to the contractor or if a contractor leases or rents a portion of a City building Limits
of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications
IBH,.yIBBAL vwpam I IrIVt1I C Ui LIHDILI I T IIVJ UR/•11V liC�"y'�' 1 o2/�a/BS
PROOUCFR THIS CERTIFICATE TTER OF INFORMATION
lime Insurance Agency,
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1507 South 19 35 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Pbaatia Zx 7074% INSURERS AFFORDING COVERAGE
Fhoe:512-447-7773 8axL511-440-0989
COVERAGES
THE POLICIES OF INS CB USTBD BILOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REOUIRHMBNT, RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BB ISSUED OR
MAYPERTAN THE INSURANCE AFFORDED BYTHB POUGNS DESCRIBED HEREIN IB SUBJECT TOALL THE TERMS BXCLUSIONB AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TWI
lY►S OF "BURAMB
PODGY NUM08R
LIMITS
A
GENERAL LIABILITY
X OOMMEACIALOHNBRALLIABIUTY
CWN$MADE QX OCCUR
OGL140942J
10/15/98
10/15/99
EACH OCCURRENCE
f 1000000
FIRM DAMAM("amR.)
f 50000
MEDP]Vwwww Pmeelp
135000
PERSONAL B ADV INJURY
s 1000000
OWL AGGREGATE LIAR APPLIES PER
POLICY LOC
QUARALAOMM13ATE
PRODUCTS-COMPAPAGG
s 2000000
61000000
A
AUTOMOBILE
X
uABAITY
ANYAUTO
ALL OWNED AUTOS
BONBDULMAUTOB
HIREDAUTOR�s
CAU239742J
10 /15/98
10/15/99
COMBINED SINGLELBAIT
IG--ftr)
91000000
BODILY INJURY
IPerwnml
B
IVODIL INJURY
PM
3
PROPERTY DAM11Ge
Ir« emlanq
s
GARAOB LIABILITY
ANY AUTO
AUTO ONLY -BA ACCIDENT
S
TH EAACC
��ML AOG
s
3
A
EXCESS LIABILITY
X7 OCCUR 0AIM8MAO1
DEDUCTIBLE
RETENTION s
CWC883242L
10/15/98
1
10/15/99
EACH OCCURRENCE
_
f 1000000
AGGREGATE
11000000
s
f
s
A
WORKERS COMM TION AND
EMPLOYERS LIABILITY
CWC883242L
12/01/98
30/15/99
'
LL EACH A=IDNNT
6300000
ELDMPASE EA EMPLOYE
$9000000
HL04W6 POLICY LNR
f $00000
OTNGR
ZNRAD
DESCRIPTION OF I N CLESRDICLUSN7NS ADDED BY BNOORBHMENT/BPECBLL PROVISIONS
City of naatoa, its OEEiciale. Ageata, ZMPIWyaeS and vulcuLMera arM uauR,d arc
additional inured. R8L Did #2327 - Sore, University Drive at Elm and
University.
CERTIPICATEHOLDOR
T
An=.NAllNumenINSURERLETTER. CANCELLATION
CITYD85'
City of , o
Purchasinngg Division
Fax (240) 349-7302
901-8 Texaa Street
Denton, TX 76201
Should any of the above -described policies be
cancelled. nonrenewed or reduction in covers e B
before the expiration date thereof. Tha 1aRltin5
Company will sand 30 days written notice t0 thl
Time IaeeLr:JiLz • O
AOORO 2" (7197) ORATION 1985
TOTAL P 01