1999-443ORDINANCE NO ~q~ ¢~
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMEROENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN
ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND
PROVIDING AS EFFECTIVE DATE (PURCHASE ORDER 01364 - OSCAR RENDA
CONTRACTING, INC IN THE AMOUNT OF $67,355)
WHEREAS, state law and ordinance require that certain contracts requmng an
expendmtre or payment by the City m an amount exceeding $15,000 be by competitive
bids, except ~n the case of pubhc calamity where it becomes necessary to act at once to
appropriate money to reheve the necessity of the c~t~zens of the city, or in case of
unforeseen damage to pubhc property, machinery or eqmpment, and,
WHEREAS, the C~ty Manager has recommended to the City Council that it is
necessary to purchase goods or servxces due to the emergency conditions outlined in the
on file m the office of the Purchasing Agent, ~ncorporated herein by reference being in
comphance w~th the reqmrements of Chanter 252 of the Texas Local Governmem Code.
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the C~ty Council hereby determines that there is a public
calamxty that makes it necessary to act at once to appropriate money to relieve the
necessity of the citizens of the c~ty, or to provide for unforeseen damage to pubhc
property, machinery or eqmpment, and by reason thereof, the following emergency
purchases of materials, equipment, supplies or services, as described in the "Purchase
Orders" referenced hemm and on file the office of the Purchasing Agent, are hereby
approved
PURCHASE
ORDER VENDOR AMOUNT
01364 Oscar Renda Contracting, Inc $ 67,355
SECTION II That because of such emergency, the C~ty Manager or designated
employee m hereby authorized to purchase the materials, eqmpment, supphes or servmes
as described m the attached Purchase Orders and to make payment therefore m the
amounts thereto stated, such emergency purchases being in accordance with the
provmmns of state law exemptang such purchases by the City from the requirements of
compellmve bxds
SECTION III Th~s ordinance shall become effective Immediately upon ~ts
passage and approval
JACK M~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
01364 EMEROEIqC¥ PURCHASE ORDER ORDIANCE
0 0 0
0 0 0
0
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered mto this I0 day of NOVEMBER A D., 1999, by
and between CITY OF DENTON of the County of DENTON and State of Texas, actmg
through MICHAEL W. JEZ, City Manager, thereunto duly authorLzed so to do, hereinafter
termed "OWNER," and
OSCAR RENDA CONTRACTING, INC,
$22 BENSON LANE
ROANOKE, TX 76262
of the City of ROANOKE County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WlTNESSETH That for and in consideration of the payments and agreements
hereinafter mentmned, to be made and performed by OWNER, and under the cond~tions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specffied below
PO//013~4 - PECAN CREEK SEWER CROSSING EMERGENCY CONSTRUCTION
~n the amount of $67,35S and all extra work m connecnon therewith, under the terms as
stated re,the General Condmons of the agreement, and at his (or their) own proper cost and
expense to furmsh all materials, supplies, machinery, eqmpment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work spemfied
above, ~g accordance w~th the conditions and prices stated m the Proposal attached hereto, and
~n accorc~ance w~th all the General Condxt~ons of the Agreement, the Spemal Conditions, the
Not~ce to B~dders (Advertisement for Bids), Instructions to Bxnders, and the Performance and
Payment !Bonds, all attached hereto, and m
CA - 1
accordanca with the plans, which includes all maps, plats, blueprints, and other drawings and
pnnted or written explanatory matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGINEERING
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 C~ty 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, somal
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 servmes
hereunder according to the attached specfficat~ons 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 mdenmify 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 occasmned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mmtees, and other persons for whom it ~s legally hable, w~th
regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the City of Denton agamst any and all such clauns and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for ~ts
construction and enforcement shall lie m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written notice to commence work and complete all work
w~thm the tune stated m the Proposal, subject to such extensions of tune as are provided by the
General and Special Condmons
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 partxes of these presents have executed th~s agreement
m the year and day first above wrltten
ff/laEST ~
OWNER
/./ (SEAL)O
ATTEST
CONTRACTOR
MAILING ADDRESS
qqt- q 3
PHONE NUMBER
FAX NUMBER
TITLE
CITY ATTORNEY
PRINTED NAME
(SEAL)
CA - 3
PERFORMANCE BOND
STATE OF TEXAS ~ §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA
CONTRACTING, INC., hereinafter called Principal, and Federal Insurance Company ,
a corporation organized and ex~stmg under the laws of the State of TEXAS, and fully
anthor~zed to transact business m the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and ex~stmg under the laws of the State
of Texas, hereinafter called Owner, m the penal sum of SIXTY SEVEN THOUSAND
THREE HUNDRED FIFTY FIVE NO/100 DOLLARS ($67,355) plus ten percent of the
stated penal sum as an addmonal sum of money representing addmonal court expenses,
attorneys' fees, and liquidated damages arising out of or connected with the below identified
Contract, m lawful money of the Umted States, to be paid m Denton County, Texas, for the
payment of wfuch sum well and truly to be made, we hereby brad ourselves, our he,rs,
executors, admnustrators, 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 wfuch 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 cortam Contract, ldenufted by Ordmance Number 99- Llt-~ , with the C~ty
of Denton, the Owner, dated the 10 day of NOVEMBER A D. 1999, a copy of which ~s
hereto attached and made a part hereof, for PO// 01364 - PECAN CREEK SEWER
CROSSING EMERGENCY CONSTRUCTION.
NOW, THEREFORE, ff the Principal shall well, truly and fmthfully perform and fulfill
all of the undertakmgs, covenants, terms, conditions and agreements of said Contract ~n
accordance with the Plans, SpeclficaUons and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, w~th or without nonce
to the Surety, and durmg the life of any guaranty or warranty required under th~s Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly anthonzed modlficaUons of said Contract that may
hereafter be made, notice of which modlficauons to the Surety being hereby waived, and, if the
Principal shall repatr and/or replace all defects due to faulty materials and workmanship that
appear within a permd 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
hereto and shall fully reunburse and repay Owner all outlay and expense which the Owner may
incur in malang good any default or deficiency, then this obligation shall be void, otherwise, ~t
shall remam in full force and effect
PB - 1
PROVIDED FURTHER, that ~f any legal action be filed upon this Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
stipulates and agrees that no change, extenmon of tune, alteraUon or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, ere, aeeompanymg the same, shall in anywise affect ~ts obhgat~on on thru Bond,
and ~t does hereby wmve not~ce of any such change, extenmon of tune, alteratmn or adtht~on to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficat~ons, Drawings, etc
Tlus Bond m g~ven pursuant to the provm~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and demgnated agent is hereby designated by the Surety herein as the
Remdent Agent m Denton County to whom any requisite notices may be delivered and on
whom serwce of process may be had m matters arising out of such suretyship, as provided by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this mstrnment is executed m 4 copies, each one of which
shall be deemed an omgmal, thru the 10 day of NOVEMBER 1999.
ATTEST PRINCIPAL
BY
SECRETARY BY
PRESIDENT
ATTEST
SURETY
Federal Insurance Company
BY ATTORNEY~
The RemdentAgentofthe Surety ~n Denton County, Texas for dehvery of notice and service
of the process is
NAME Mondics/Greenhaw Insurance Agencies- John L Mond~cs
STREET ADDRESS
8235 Douglas Ave., STE 828, Dallas, lexas 75225
(NOTE Date of Performance Bond must be date of Contract
corporation, give a person's name )
PB - 2
If Resident Agent ts not a
Chubb POWER
OF
Surety ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Paolflc Indemnity Company
Attn.' Surety Department
15 Mountain View Road
Warren, NJ 07059
Know AJI by ~ Presents, ~ FEDERAL INSURANCE COMPANY, an indiana c~pon~on, VIGILANT INSURANCE COMPANY, a New York
corporation and~A~~FIC~NDEMN~TY~~M~ANY~~W~ec~natncorp~rst~co~d~sachhembyconatituteendappo~nt Arnim I Gerstenmeier,
John T. Momdics and [err7 D Greenhaw of Dallas, Ts×as ............................
saoh as their true and lawful Attornw. In-Fsut to exsuuta under such designation In their names and to affix their corporate coals to and deliver for and
on their behalf aa surety thersu~ er otherwflm, bonds (~ber than bell bonds) and underlaklngs given or executed in the course of h buatnesa (but not
to inotude any inMmmante emending or attodng the same, nor conaento to the modification or altorstle~ of any Instrument referred to in said bonds or
obllgetiona)
In Wttnesa Whereof, said FEDERAL INSURANCE COMPN~/Y, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have
saoh executed end sttcotod thsae prssant~ and affixed their corporste seals on thle 10~h dayof February~ 1999
STATE OF NEW JERSEY }sa
Coumy of Somemet
On this 10 th day of
February, 1999
~ Frs.~k E Robortecn '~Prsatdent
bofom me a Nota~' Public of New Jersey personally =ama Kennelh C Wendel
to me known to be A~letanl Seoreta~/of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the
~ernponies whioh exe~atod the foregol~tg power of Altornay, and the ~ald Kenneth C Wendel being by me duly sworn did depose and ~ay that he is Asetetanl
Roberl~on end was lherMo sub~edhed by aut herlly of 8~ld By-L.ev~ and in deponent s pre, enos
Extract from the By-Le~m of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, end PACIFIC INDEMNITY COMPANY
'All powers of attorney for end on behalf of the Company may and ~hell be executed in the name and o~ hehelf of the Company, either by the
Chairman or the Prcoldent or 8 Vice PrsMdent er an A~lstont Vice President, jotntiy with the Secretary or an A~lMant Secretary, under their
rsapaoflve declgnatlone The atgnature of such officem may be engrs~d, prlntod or lithogrsphed The signature of each of the following
officers Chairman, President, any Vice PrsMdent, any Assistant Vice President, any Secretary any Assistant Secretary end the seal of the
Company may be affixed by facalmlle to any power of attorney or to any certificate reiattng thereto appointing Assistant Secretaries or
Attomeys-ln-Fsut for purposes only of executing and attesting bonds and undertoklegs end other writings obllgatmy In the nature thereof and
any such power of attorney or certificate bearing such facalmlle signature or facsimile seal shall he valid and binding upon the Company and
any such power sa exeouted and ca,tiffed by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertaking to ~hlch it Is attached"
I Kenneth C Wendat; Asalatont Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the "Corrlpanisa') do hereby certify that
(i) the foregoing extract of the By. Law~ of the Companle~ la true and correct,
(1t) the Ccolpank~ sm duly Ik~ceed and suthcxJ~ed to ~ surety business In all 50 of the United States of Arnad~ and the Diatriot of
Columbia and ars autbodzed bytbe U S Treasury Def:~thlent, further, Federal and Vigilant are licensed in Pu~o Rico and the U S Virgin
Islands and Federal Is licensed in Arnarlcen Samoa, Guam, and each of the Provinces of Canada except Prince Edward I~,and, and
(iii) the foregoing Pewar of Attorney le true, correct and In full tome and effsut
Given under my hand and seals of said Companies at Warren, NJ this 10
dayof November, 1999
I IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail surety~¢hubb com
STATE OF TEXAS §
COUNTY OF DENTON §
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA
CONTRACTING, INC., whose address is 522 BENSON LANE, ROANOKE, TX 76262,
hereinafter called Principal, and Federal Insurance Company , a corporation orgamzed
and existing under the laws of the State of TEXAS, 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 orgamzed 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 bmldmg or umprovements hereinafter referred to, in the penal sum of
SIXTY SEVEN THOUSAND THREE HUNDRED FIFTY FIVE and NO/100 DOLLARS
($67,355) in lawful money of the Umted States, to bc paid in Denton, County, Texas, for the
paymem of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, adunnistrators, successors, and assigns, jointly and severally, firmly by these
presents Tfus 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 certam Contract, ldenttfied by Ordinance Number 99- q0~, with the City of
Denton, the Owner, dated the 10 day of NOVEMBER A.D 1999, a copy of which is hereto
attached and made a part hereof, for PO//01364 - PECAN CREEK SEWER CROSSING
EMERGENCY CONSTRUCTION.
NOW, THEREFORE, tf the Prtnctpal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claunants
supplying labor and/or matertal tn the prosecutton of the Work provided for in said Contract
and any and all duly anthor~zed modtfications of said Contract that may hereafter be made,
notice of whtch modtfteattons 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 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
PB - 3
Thru Bond ~s given pursuant to the prowmons of Chapter 2253 of the Texas
Govermnent Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and demgnated agent ~s hereby demgnated by the Surety herein as the
Remdent Agent m Denton County to whom any reqmmte notices may be dehvered and on
whom service of process may be had m matters arising out of such suretyship, as prowded by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, thru ~nstrument ~s executed in 4 copies, each one of which
shall be deemed an original, thru the 10 day of NOVEMBER 1999.
ATTEST PRINCIPAL
BY
SECRETARY
BY
ATTEST
SURETY
Federal Insurance Company
The Remdent Agent of the Surety m Denton County, Texas for dehvery of notice and serwce
of the process Is
NAME
John L Mondtcs- Mond~cs/Greenhaw Insurance Agencies
8235 Douglas Ave , SIE 828, Dallas, Texas 75225
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person ts name )
PB - 4
Chubb POWER Federal Insurance Company Attn Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety A'I'rORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Pmeant~, That FEDERAL INSURANCE COMPANY, an Indiana ¢apondJon VK31LANT INSURANCE COMPANY, a New York
cor~~mt~~n~~ndPA~~FIC~N~EMN~rY~~MPANY~~~~~coneincorp~rat~~n~d~eschhambyconstituteendapp~int Arnim I. Gerstenmeter,
John L. Mondies and Larry D. Greenhaw of Dallas, Texas ............................
each es their true and lawful Attorney-In-Fact to execute under such designation In their nsrnss and to affix their corporate seals to and deliver for and
on their behalf as surely thereon or othen~les, bonds (other than ball bends) and undertakings given or executed In the course of Its business (but not
to include any Inetrument~ amending or altering the sams, nor coneants to the mndirmation or alteration of any instrument referred to in said bonds or
In Witness Whereof, ~aid FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have
each executed and attested these presento and affixed their corporate mis on this 10hh day of Feb ruary I 1999
STATE OF NEW JERSEY
County of 8omemet
/ Frs.~k E Robertsun Vio~fPresldent
Onlhid lOth dayot February, 1999 botm'e me a No, err Public Ct N~w Jemey bemonallyeame Kenneth C Wendal
to me Imow~ to be A~loiant Se~reta~' of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the
companies whidh executed the foregoing Power of Altomey, and Ihs said Kenneth C Wendel being by me duly sworn did delx~e and say that he ia Assistant
~retaef of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate mis thereof
that the seels affixed to the forcing Power of Altomey am such ~q~omta mia and were thereto affixed by autbedty of the By Lav~ of said CombenM and that ha
Rohedson and was thereto aubsarlbed by aidhonty of said By-Laws and in deponeflt~a presafloe
CERTIFICATION
Extract fram the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, end PACIFIC INDEMNITY COMPANY
'Ail powers of attOmay for and on behalf of the Company may end shell be executed in the name and on behalf of the Company either by the
Chairman or the President or s Vi~e President or an Assistant Vlco President, jointly with the Secretary or en Assistant Sesretory under their
reapec'tlva dealgqatlons The signature of such offlcora may be engraved, pdntod or IIthogmphad The signature of each of the fotlowlng
officers Chairmen, President, any Vico President, any Acelatant Vice Praatdent, any Secretory, any Aesistect Secretary and the meat of the
Company may he affixed by fa~lmlle to any power of attorney or to any celliflcete relating thereto appointing Assistant Secretaries or
Attorceys-in-Faot for puq~3ess only of executing and attesting bonds end undertakings and other writings obligatory in the nature thereof and
any such power of attorney or certificate bearing such facsimile signature or facsimile meal shall be valid and binding upon the Company and
any such power so executed and certified by such fecatmile signature end fecatmlle meal shall be valid and binding upon the Company with
respect to any bond or undertoldng to vahl~h it Is attached"
I Kenneth C Wendel, Assistant 8esratary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the "Companies") do hereby celtlfy that
(I) the foregoing extract of the By-Laws of the Companies i~ true and correct
(ii) the Compenlem ere duly ~ and su~tot'eed to tm~a~t surety bueinasa in all 50 of the United States of Amshoa end the District of
Columbia and ore suthodzed bythe U 8 Treasury D~, further, Federal and Vigilant are I~named in Puerto Rico and the U S Vlrgh
Islands, end Federal is Ik:enesd in A~n Samoa, Guam, and each of the Pramcos of Canada exc~ Prince Edward Island, and
(iii) the foregoing Power of Attorney la true, correct end In full tome and effect
10
Given under my hand and meals of ~eid Companies at Warren, NJ this
dayof__ November, 1999
· 'K~nn~h C W~n~ei, A-s~lat~nt Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mall surety~chubb eom
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attentton ts chrected to the tnsurance requtrements below It ts htghly recommended
that balders confer w~th thetr respective tnsurance carriers or brokers to determtne tn
advance of Bid subtmsston the avadabdtty of tnsurance cerltficates and endorsements as
prescnbed and provuted herein If an apparent low btdder fads to comply stnctly wtth the
tnsurance reqmrements, that bidder rttay be &squahfied from award of the contract Upon
btd award, all tnsurance reqmrements shall become contractual obhgattons, which the
successful bidder shall have a duty to maintain throughout the course of thts contract
STANDARD PROVISIONS'
Wtthout ltmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor
shah provtde and matntatn untd the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtmmum insurance coverage as tndtcated heretnafler
As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the
Purchastng Department sattsfactory certificates of tnsurance, contatmng the btd number and
title of the project Contractor may, upon written request to the Purchastng Department, ask
for clar~catton of any tnsurance requtrements at any ttme, however, Contractors are strongly
advtsed to make such requests prior to btd opemng, stnce the msurance requtrements may not
be modtfied or watved after btd openmg unless a written exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any matertal unttl he or she
recetves not~ficatzon that the contract has been accepted, approved, and stgned by the Ctty of
Denton
All tnsurance pohctes proposed or obtatned tn sattsfactton of these requtrements shall comply
wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duration of the Contract, or longer, ~f so noted
Each pohcy shall be issued by a company authorized to do bus~ness m the State of
Texas w~th an A M Best Company rating of at least A
Any deductibles or self-~nsured retentions shall be declared in the bid proposal If
requested by the C~ty, the insurer shall reduce or eliminate such deductibles or
self-insured retentions w~th 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
· L~ablllty pohcles 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 prunary to any other insurance available to the
additional insured with respect to clan-as 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 hmlt of liability
· All policies shall be endorsed to read
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLy CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE I0 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 arising during the contract term which give rise
to claims made after exptratlon 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 hrmt providing for clanns investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence lumts or obtain Owners and Contractors
Protective L~abfllty 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 tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally
comply wtth the followtng marked spectficattons, and shall be maintained tn comphance wtth
these additional spectficattons throughout the duration of the Contract, or longer, tf so noted
[x] A General Llabihty Insurance:
General Llablhty insurance with combined single hmlts of not less than $500,000
shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either in a single pohcy 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 reqmred
If the Comprehenswe General Liability form (ISO Form GL 0002 Currem Edition
and ISO Form GL 0404) is used, it shall include at least
Bodily injury and Property Damage Liability for premises, operatmns,
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
lmbihty
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Lurers (CSL) of not less than $300,000 either in a single policy or in a
combination of basic and umbrella or excess pohc~es The policy will ~nclude bodily
mJury and property damage liability arising out of the operaUon, maintenance and use
of all automobiles and mobile equipment used in conjunction with this contract
Satisfactwn of the above reqmrement shall be in the form of a pohcy endorsemem for
· any auto, or
· all owned, hired and non-owned autos
[X] Workers Compensatmn Insurance
ContracWr shall purchase and maintain Worker's Compensation insurance which, in
adthtlon to meeting the minunum statutory requirements for issuance of such insurance,
has Employer's Liability lumts of at least $100,000 for each accident, $100,000 per
each employee, and a $500,000 pohcy In'mt for occupational disease The C~ty need
not be named as an "Additional Insured" but the insurer shall agree to waive all rights
of subrogatwn 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 L~ability 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 Protecnve Lmbthty
insurance pohcy naming the C~ty as insured for property damage and bodily ~n3ury
which may arise m the prosecution of the work or Contractor's operauons under this
contract Coverage shall be on an "occurrence" bas~s, and the pohcy shall be ~ssued by
the same insurance company that carnes the Contractor's habfi~ty insurance Pohcy
hnuts will be at least combined bothly ~njury and property damage per
occurrence with a aggregate
[]
Fire Damage Legal Lmbility Insurance
Coverage is required ff Broad form General Lmbthty ~s not provided or ~s unavailable
to the contractor or ff a contractor leases or rents a portion of a C~ty building Lun~ts
of not less than each occurrence are reqmred
[]
Professional Lmb~ty Insurance
Professional habfilty insurance wzth lurers not less than per clann w~th
respect to neghgent acts, errors or om~sstons m connecuon with professional serwces ~s
reqmred under thzs Agreement
[]
Budders' Rink Insurance
Builders' R~sk Insurance, on an All-Pdsk form for 100% of the completed value shall be
prowded Such pohcy shall include as "Named Insured" the C~ty of Denton and all
subcontractors as their ~nterests may appear
[]
Additional Insurance
Other insurance may be reqmred on an lndlv~dual bas~s for extra hazardous contracts
and specific serwce agreements If such additional insurance ~s reqmred for a specific
contract, that reqmrement wall be described m the "Specific Cond~Uons" of the contract
specifications
ATTACHMENT 1
[x]
Worker's Compensation Coverage for Bu,ldlng or Construct,on Projects for
Governmental Entitles
A Deflmt~ons
Certificate of coverage ("cert~flcate")-A copy of a certificate of ~nsurance,
a certificate of authonty to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or ent~ty's employees prowd~ng serwces on a project, for the
duration of the project
Duration of the project - includes the t~me from the begmmng 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 prowd~ng serwces on the project ("subcontractor" in §406 096)
- ~ncludes all persons or ent~t~es performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of
whether that person contracted d~rectly w~th the contractor and
regardless of whether that person has employees This ~ncludes, without
hm~tat~on, Independent contractors, subcontractors, leasing companies,
motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to prowde serwces on
the project "Services" include, w~thout hmltat~on, providing, hauhng, or
dehvenng equipment or matenals, 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 to~lets
B
The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and flhng 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 prowde 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 dunng the duration of the project, the contractor must,
prior to the end of the coverage per~od, file a new certificate of coverage
w~th the governmental entity showing that coverage has been extended
E
G
H
The contractor shall obtain from each person prowd~ng services on a
project, and prowde to the governmental entity
(1)
a certificate of coverage, prior to that person beg~nmng work on the
project, so the governmental entity wdl 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 show~ng extension of coverage, ~f the
coverage per~od shown on the current certificate of coverage ends
during the duration of the project
The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
The contractor shall not~fy the governmental entity ~n writing by certified
mall or personal delivery, w~thm 10 days after the contractor knew or
should have known, of any change that materially affects the prowston
of coverage of any person providing serwces on the project
The contractor shall post on each project s~te a notice, in the text, form
and manner prescribed by the Texas Workers' Compensation
Commission, ~nform~ng all persons prowd~ng 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 w~th whom ~t
contracts to provide serwces on a project, to
(1) prowde coverage, based on proper reporting of classification codes
and payroll amounts and fd~ng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of its employees prowd~ng serwces on the
project, for the duration of the project,
(2) prowde to the contractor, pnor to that person beg~nmng work on
the project, a certificate of coverage showing that coverage ~s being
prowded for all employees of the person prowd~ng serwces on the
project, for the duration of the project,
J
K
(3)
provide the contractor, pnor to the end of the coverage period, a
new certificate of coverage showing extension of coverage, ~f the
coverage period shown on the current certificate of coverage ends
dunng the duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and prowde
to the contractor
(a) a certificate of coverage, prior to the other person beg~nmng
work on the project, and
(b)
a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage period
shown on the current certificate of coverage ends dunng 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 wntmg by certified ma~l or
personal delivery, w~thm 10 days after the person knew or should
have known, of any change that materially affects the prows~on of
coverage of any person providing serwces on the project, and
(7)
contractually require each person w~th whom ~t contracts, to
perform as required by paragraphs (1) - (7), w~th the certificates of
coverage to be provided to the person for whom they are prowd~ng
services
By s~gnlng th~s contract or prowd~ng or causing to be provided a
certificate of coverage, the contractor ~s representing to the
governmental entity that all employees of the contractor who will prowde
serwces 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 w~th the appropriate insurance carrier
or, ~n the case of a self-~nsured, w~th the commission's D~ws~on of Self-
Insurance Regulation Prowdmg false or m~sleadmg mformat~on may
subject the contractor to administrative penalties, criminal penalties,
penalties, or other mwl actions
The contractor's failure to comply w~th any of these prows~ons ~s a
breach of contract by the contractor which ent~tles the governmental
entity to declare the contract void ~f the contractor does not remedy the
breach w~th~n ten days after receipt of not~ce of breach from the
governmental entity
Pecan Creek Sanitary Sewer
Vacation Village
BID TABULATION SHEET
Work Days
B;d No
PO No
§0
!+-e'"--~ Des¢~ptiou uant~l Unit Unit Pace Total
Item Descrlptmn uantat Unit Unit Price Total
21 ContractorsWarrantles&Understandmg 1 LS $ ~q~)- /LF
2 129-D 18"-0 5" Thick Steel Samtary Scwer_ Epoxy Lmed g0 LF $~_.5~- /LF
Fusion Bonded
2 12 14-A 12" Sanitary Sewer C, ravlty, SDR 26 40 LF $ I ~)-- /LF
2 12 14-B 18,, Samtaq, Sewer Gravity, SDR 26 20 L[. $ { ~}(~)' /LF
3 3 Unclassified Excavation 60 CY $ ~ ~ ' /CY $
7 Compaoted Fill 10 CY $ 2{~)- /CY $
12 temporary Erosion Control I LS $ ~' /LS
176-A- 1 ~oncrete Manhole (5' Internal Dmmeter) 4 EA $ ~-------~'Y~" /EA $
SP-10 Rock Excavation 15 CY $ I ~- ICY $
SP-37 Excavation Protection 140 LF $ ] ~)-- FLF $
SP-39 Plug the Proposed 18" Sanitary Sewer 2 EA $ [ (.~) - /EA, $ ~) -
§P-40 Cut and Plug Ex~stmg Sanitary Sewer 2 EA $ ~- /EA
SP-41 R. emove Samtary Sewer 105 LF $ ~_~- /EA
SP-72 , :Geotcchnlcal Design 1 LS $ .~l~- /LS
TOTAL BID PRICE IN WORDS '~txT~ '~:~-'V~t'"I"T'W~:::,L~,~O Tt:A--a..~
P3
Mondlnl/(~eenlmw himr~e
~/A~, 8~e
DOE6 NOT .MIND, EXTEND OR N.'IER 1HE COVERAGE ~ BY THE
' POU~IE8 BELOW
COMPANIF.8 AFFORDING COVERABE
COMpANy A
LE¥'f~
cm¥~v4y B TiI Wo~ OIp. i.
LE~TE~ 0 Atly IIImaee Co.
oo~pmy E
INDICATEO, NO'IWITHSTAN~NO ANY REGUIREUENT, TERM OR ~ONOITION OF ANY CONTRACr OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE 18SUED OR MAY PERTAIN, THE INS~ A/q;ORDED BY THE POUCIE8 DESCRIBED HEREIN 18 8UBJEGT TO ALL THE TERMS,
EXCLUSIONS AND CONDITION8 OF SUCH NOUGIE8 UMff8 8NOWN MAy HAVE BEEN REDUCED BY PAID GL~M8
~ ~iumtm'
B ~O
C, Inland lltna/Equf~t
U NI
EJ2520882
EH3005916
03101/06
03101/00
03101/00
03101100
SX3005483 03/01/69 03/01/00
TSF0001076214 03/01/96 03/01/00
6U16366
03/01/99 03/01/00
LIMIT :S 1,000,000
(Per pinch) ~$
~ OGCU~RI~VCE 15 10,000,00-----"--~--
AGGREGATE I$ 10,000,000
.X~__ STATUT(~RY L~ITS ~
~ ~CID~T $ ~, 000,000
DI~E ~1~ L~E rs 1,000,000
DI~E ~ ~OYEE ,$ 1,000,000
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENI~Ii~O(XXXXXXX
MAIL __~0 *DAYS WRITTEN NOTICE TO THE CERTIFICATE HO~ER NAMED TO THE
'~ R NO_N PAYME OF P IUU \ . XXX
d~n LMOndI~ ~
CITY OF DENTON
Purd~ Dept.
901B T~I hi
O~ton
1')( 762o1
City of Denton ~te Officials Agents. Employees
volunteers are additional Insureds on the general I ab ty and auto Ilablll y po lC es We~ver of Suhrogat on in favor
of s~e part}es applies lo the Workers' Compensation policy Above policsesnre prmmry a8 respects to all operahons of the
nwaed ~noured Cancellation provlnion shall read" Should any of the above described pol,clen be cancelled, nonrene'~d or
mnteHnlly changed · (10) Ten days notice for non payment of prInlum will rinaln unchanged
U A 0 ABOVE DESQRB D POU~ESBECA O FOE E
Any Ofle Occurrence 3,000,000
Any One It(la 500,000
Deductible 6,000