1998-033 O INANCENO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF
EVERS PARK T-BALL FIELD LIGHTING TO TRICO ELECTRIC, INC IN THE AMOUNT OF
$69,00000, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING FOR AN EFFECTIVE DATE (BID # 2168 - EVERS PARK T-BALL FIELD
LIGHTING PROJECT FOR $69,000 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction ofpubhc works or improvements in accordance with the procedures of STATE law
and City 0rdmances, and
WI-IEREAS, 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 ofpubhc works or
improvements, as dascnbed in the "Bid Invitations", "Bid Proposals" or plans and spemficat~ons on
file in the l Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2168 TRICO ELECTRIC, INC $ 69,000 00
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 fumlslung of performance and payment bonds, and insurance certfficate 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 pubhc works or improvements m accordance
with the b~ds accepted and approved herein, prowded that such contracts are made in accordance
with the Notice to B~dders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contmned thereto
~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the public works and improvements as authorized here~n, the C~ty Council
hereby authonzes the expenditure of funds in the manner and m the amount as specffied m such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective ~mmedlately upon its passage and
approval
PASSED AND APPROVED this the day of _
JAC~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
TABULATION SHEET
BID # 2168 ~~ CBS GOIN WALDRUM
BID NAME EVERS P ARK T-BALL FIELDS~ MECHANICAL ELECTRIC LIGHTING &
LIGHTING PROJECT SIGNS
DATE 5-Feb-98
# DESCRIPTION VENDOR VENDOR VENDOR
BASE BiD ~ $72,000 0{~ $82,024 00 $87,994
BID BOND~ YES NO YES
CONTRACT AGREEMENT
STATE OF TEXAS ~
COUNTY OF DENTON ~
THIS AGREEMENT, made and entered into ~his 17 day of
~r~%~y A.D., 1998 , by and between
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
TRICO ELECTRICf INC
P.O. BO~ 1554
AZLE. TX 76098
of the City of AZLE , County of PARKER
and State of TEXAS
, hereinafter
termed "CONTRACTOR."
WITNEBSETH~ That for and in consideration of the payments and
agreements he~ein~fter mentioned, to be made and performed by
OWNER, and un,er ~ne conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of ~he work specified below:
BID #2168 - EVERS PARK T-HALL FIELD LIGHTING PROJECT
in the amount of $69,000 00 and all extra work in
connection therewith, under the terms as stated in the General
Condi~ions 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
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
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent
It is mutually u~derstood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to ~e or considered an employee of the City of
Denton, Texas, for~ne purposes of income tax, withholding,
security taxes, vacation or sick leave benefits, worker s
compensation, or any other City employee benefit. City shall not
have supervision and control cf 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.
Contractor shall and does hereby agree to inde~nify 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 end protect the City of Denton against any and all
such claims and demands.
Choice of Law and
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 comaence 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, whlch forms a part of thzs
contract, such payments to be subject to the General and Special
Conditions of the Contract.
IN WITNESS WHEREOF, ~: parties of ~hese presents have
executed ~hia agreement in year and day first aboVe, ten.
ATTEST :,
CITY OF DENTON
~~/'/~- ,,, TRICO ELECTRIC~ INC
CONTRACTOR
P 0 BOX 1554
AZLE, TEXAS 76098
MAILING ADDRESS
817-444-5371
PHONE NUMBER
817-444-0571
FAX NUMBER
BY PRESIDENT
TITLE
GARY MENZIES
PRINTED NAME
APPROVED AS TO FORM: ~ (SEAL)
~ity Attorney ~
AAAO184D
Rev. 04/05/96
CA - 3
FORM OFPROPOSAL
DATE 2-5-98
PROJECT BID # 2168
EVERS PARK T-BALL LIGHTING PROJECT
EVERS PARK, 3300 EVERS PARKWAY, DENTON, TEXAS
PROPOSALOF TRICO ELECTRIC, INC
(hereinafter called "B,dder"), TRICO ELECTRIC, INC
a corporation, TRICO ELECTRIC, INC a parmerslup,
an uldividual doing busmcss as
TO CITY OF DENTON
% PURCHASING AGENT
901-B TEXAS STREET
DENTON, TEXAS 76201
The B~dder, m comphance with your Advertisement for Bids for the above referenced proJect,
having become thorouglfly fmmhar wRh the terms mid conthuons of the proposed contract
doctunents and w~th local condtUons affecting the perfommnce and cost of the work at the place
where the work ts to be completed and having fully respected the site m all particulars, hereby
proposes and agrees to fully perform the work witlm~ 70 calendar days upon Notice to
Proceed, and m strict accordance with the proposed contract doctunents, for the following sum of
money
BASE BID:
SIXTY NINE THOUSAND AND NO/lO0 DOLLARS
(% 69,000 O0 )
The Bidder further proposes and agrees to commence work under flus contract within ten (10)
days after the date established m a written NoUce to Proceed and to fully complete all work
thmeunder as set forth m the Form of Proposal
PARKADM/BIDIEVER$CONCE,~ION ~B -- 4
The Bidder further agrees, and acknowledges that the following addenda have been received and
that the tx)mom pertaining to the seCtion(s) that he m bidding on have been incorporated into flus
proposal
No One, dated No Two, dated
No Three, dated No Four, dated
S~gned an~cl no~'~.ed affidavit form m attached
P-~slx~ully subnutted
/'~x...._..~ ~/~.._ ~
-~// / ~' / qf co~or~on, ~est ~
a~ a Co~or~e ~al)
PRESIDENT
T~He
For
TRICO ELECTRIC INC By STATE OF TEXAS - CHARTER #0110518100
Name of Contracting FLrm
B~ddcr's Corporate Charter
P 0 BOX 1554 AZLE~ TEXAS 76098
Address
817-444-5371
Telephon~
Page 2 of 2
t Indrr I exn.q Family £oUe, ,,ecUon 14 ~2, a sol~ proprietorship, p~rtne~hip, corporation, or other enlily In
~.le proprietor, pnflner, n nmJorlly sbnrehuhler of m corporation or mn owner of 10~ of more of another buslne~
cfltlty Iq ~0 dh)s or ntor~ ddhliluenl In pa)big child snpport under
..I ~ligihle lo bid,on or rcc~ise ~ stale contrncl, ~ o comply
Ihe per~ofl who is mllhoriled Io qJglt mid suhmll n bid o. bdmlf of · busln~ entity that Is subject to section 14 S2, ~nd
thcrehy bind the bidder ]lie affidavit most be returned **ith Ih~ bid, ,tHY CORPORATIOH, ~CLUDL~G A
HON.PROFIT CORPORA~ ION, ~ IIAT DO~ ~OT IIAV~
~ATUKAI, PERSON CAPAUL~ OF UEEHG A CIIILD SUPPORT ODLIGOR, AND GOVERNMENTAL E~TITI~
A RE NOT SUUJ~ TO SE~IO~ J4.52 OF TIlE TEXAS FAMILY CODE IF A UIDD~R
COKVO~TION, PLEASE CIIECK UELOW.
Corporation without ~tur~l Person-M~jori~y Shareholder
AFFIDAVIT
FAILU OF AN ENTITY SUBJECT TO SECTION 14. 2 OF THE TEXAS
FAMILY CODE TO SIGN AND RETURN TIllS AFFIDAVIT WITH THIS BID
WILL RESULT IN TIlE DISQUALIFICATION OF THE BID.
L GARY HENZ~ES, PRES~DEN~m ~ulhon~d ~
~H~n~ and ~ ~d~) (Nam~
~ CORPORATION I
~JOR~TY SHAREHODER FOR A CORPOR~T~0N
- p~pngmg~h~p ~ p~tm~ for ~ p~rm~tfl~p, or majority ~har~hold~r
/
- SWO~ AND SUBSCRIBED m ~fo~e me the und~rs~Bncd no~y on
FEBRUARY 5 ,1~ 98
_ -- ~ ~olary Ss~nalure' ' (SEAL)
IF AFFIDAVIr IS REPRODUCED OR FAXED, '1 lie NOTARY SEAL MUST BE LEGI]]LE TO BE
CONSIDERED. 8/I 6~94
BOND NO. TX 3823930 00
PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That TRICO ELECTRIC, INC, whose
address is P O BOX 1554, AZLE, TX 76098, hereinafter called Pnnclpal, and
UNIVERSAL SURETY OF AMERICA , a corporat,on organized and existing under the laws of the
State of TEXAS, and fully authorized to transact business ~n the State of Texas, as Surety, are held
and firmly bound tmto the City of Denton, a mumelpal corporation orgmnzed and existing under the
laws of the State of Texas, hereinafter called Owner, m the penal sum of
SIXTY NINE THOUSAND and no/100 -- ($69,000 00) plus 10 percent of the stated penal sum
as an addmonal sum of money representing addmonal court expenses, attorneys' fees, and hquldated
damages ansmg out of or connected w~th the below identified Contract, m lawful money of the
United States, to be prod m Denton County, Texas, for the payment of which sum well and truly to
be made, we hereby bind ourselves, our heirs, executors, admlmstrators, successors, and ass,gns,
jointly and severally, firmly by these presents This Bond shall automatically be ~ncreased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price, but
tn 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 Pnne~pal
entered into a certain Contract, identified by Ordinance Number 98-033, w~th the Ctty of Denton,
the Owner, dated the 17 day of FEBRUARY A D 1998, a copy of which is hereto attached and
made a part hereof, for BID # 2168 - EVERS PARK T-BALL FIELDS LIGHTING PROJECT
NOW, THEREFORE, ffthe Pnnclpal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, eondmons and agreements of smd Contract in accordance with
the Plans, Specifications and Contract Documents dunng the ongtnal term thereof and any extenmon
thereofwbach may be granted by the Owner, with or without notice to the Surety, and dunng 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 mod~ficatmns of said Contract that may hereatter be made, notice of winch modtficatlons
to the Surety being hereby wmved, and, ffthe Pnnclpal shall repmr and/or replace all defects due to
faulty materials and workmansbap 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 Pnnclpal shall fully
indemnify and save harmless the Owner from all costs and damages whtch Owner may suffer by
reason of failure to so perform hereto and shall fully retmburse and repay Owner all outlay and
expense whtch the Owner may ~ncur tn making good any default or deficiency, then this obhgatton
shall be vo,d, otherwise, it shall remain in full force and effect
PERFORMANCE BOND - Page 1
PROVIDED FURTHER, that ~fany legal action be filed upon ttus 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, extension of t~me, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specfficat~ons, Drawmgs, etc, accompanying the
same, shall m anywme affect ~ts obhgatmn on tlus Bond, and ~t does hereby wmve notme of any such
change, extension of t~me, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specfficatxons, Drawmgs, etc
Th~s Bond ~s g~ven pursuant to the pmws~ons of Chapter 2253 of the Texas Government
Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent m DENTON County to whom any reqms~te nottces may be dehvered and on whom
servme of process may be had ~n matters ans~ng out of such suretyship, as prowded by Article 7 19-1
of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, tlus instrument ~s executed ~n 4 cop~es, each one ofwhmh shall
be deemed an original, ttus the 17 day of FEBRUARY, 1998
ATTEST PRINCIPAL/
ATTEST SURETY
UNIVERSAL SURETY OF AMERICA
ATTORNEY-IN-FACT
PAULINE L LESCH
The Resident Agent of the Surety in Demon County, Texas for dehve~y of notice and service of the
process is
NAME PCB CONTRACT BONDING AGENCY
STREETADDRESS 206 ELM ST., #105, LEWISVILLE, TEXAS 75057
(NOTE DateofPerformanceBondmustbedateofContract IfRemdentAgent~snota
corporation, g~ve a nerson's name )
PERFORMANCE BOND - Page 2
BOND NO. TX 3823930 00
PAYMENT BOND
THE STATE OF TEXAS '
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That TRICO ELECTRIC, INC, whose
address is P O BOX 1554 AZLE, TX 76098, hereinafter called Pnnclpal, and
UNIVERSAL SURETY OF AMERICA , a corporation organized and existing under the laws of the
State of TEXAS, and fully anthonzed to transact business in the State of Texas, as Surety, are held
and firmly bound unto the City of Denton, a mumclpal corporatton 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 building or improvements hereinafter
referred to, m the penal sum of SIXTY NINE THOUSAND and no/100-- ($69,000.00) m ]awful
money of the Umted States, to be paid m Denton County, Texas, for the payment of winch sum well
and truly to be made, we hereby bind ourselves, our heirs, executors, admlmstrators, successors, and
assigns, jointly and severally, firmly by these presents This Bond sha]I automatically be increased
by the amount of any Change Order or Supplemental Agreement winch increases the Conttact pnce,
but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract pnce
decrease the penal sum of tins Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnnclpsl
entered into a certain Contract, identified by Ordinance Number 98~033, with the City of Denton,
the Owner, dated the 17 day of FEBRUARY, A D 1998, a copy of winch is hereto attached and
made a part hereof, for BID # 2168 - EVERS PARK T-BALL FIELD LIGHTING PROJECT
NOW, THEREFORE, if the Pnnclpal 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 tins obligation shall be void,
otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on tins Bond, exclusive venue shall
lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby atlpulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same,
shall in anywise affect 1ts obligation on tins 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
PAYMENT BOND - Page 1
TI'ns Bond ~s g~ven pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ~s hereby designated by the Surety herren as the
Resident Agent ~n DENTON County to whom any reqmme notices may be dehvered and on whom
service of process may be had m matters ansmg out of such suretystup, as prowded by Amcle 7 19-1
of the Insurance Code, Vemon's Annotated C~vfl Statutes of the State of Texas
IN WITNESS WHEREOF, tins ~nstrument ~s executed ~n 4 cop~es, each one of which shall
be deemed an original, tins the 17 day of FEBRUARY 1998
ATTEST PRINCIPAL
TRICO ELECTRIC, INC.
BY BY
SECRETARY PRESIDENT
ATTEST SURETY
UNIVERSAL SURETY OF AMERICA
BY ~2,_~,~ -7 ~.:3~ [',- BY V0~,~. ~ _
) ATTORNEY-IN-FACT
PAULINE L. LESCH
The Resident Agent of the Surety ~n Denton County, Texas for dehvery ofnotme and serume of the
process is
NAME PCL CONTRACT BONDING AGENCY
STREETADDRESS 206 ELM ST., #105, LEWISVILLE, TEXAS 75057
(NOTE Date of Payment Bond must be date of Contract IfRemdent Agent ~s not a
corporation, g~ve a person's name )
PAYMENT BOND - Page 2
UNIVERSAL SURETY OF AMERICA
IMPORTANT NOTICE
To obtain reformation or make a complaint
You may contact Sam S~cola, Vice President of Operations, whose d~rect dml number is
713-722-4660 You may also fax us ~nformatmn at 713-722-4601 You may also call Umversal
Surety of America's toll-free telephone number for informat~on or to make a complaint at
1-800-392-9697
You may also write to Umversal Surety of America at P O Box 1068, Houston, Texas
77251-1068 You may contact the Texas Department of insurance to obtain information on
companies, coverages, rights or complaints at
1-800-252-3439
You may also wnte the Texas Department of Insurance P O Box 149104, Ausbn, Texas
78714-9104 Fax #512-475-1771
PREMIUM OR CLAIMS DISPUTES Should you have a d~spute concerning your premium or
about a claim you should contact the company first If the d~spute is not resolved you may
contact the Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY This notice ~s for information only and does not
become a part or condition of the attached document
950 Echo Lane Suite 250 Houston, Texas 77024 713 722-4600 Fax 713o722-4801
Ma~llng Address PO Box 1068 Houston, Texas 77251 1068
UNIVERSAL SURETY OF AMERICA
P O BOX 1068 -Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
[ PCL Insurance Agency, Inc I TX 3823930 00 I
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporatmn duly orgamzed and ex~stmg undar the laws of
the State of Texas, and having rte pranpal office ~n Houston, Texas, does by these presents make, constitute and appoint
Gary Mntula Clem F Leach Pauline L Leach
Steven J Zlnecker
of Lew*svdle and State of. Texas ~ts tree and lawlul Attorney(s) m-Fact, w~th full power and authority hereby
conferred tn ~ts name, place and stead, to execute, acknowledge and dehver
Bonds not to exceed $250,000 00 unless such ~s accompamed by letter of
authority atgned by the Pmstdent, Secretary or Executtve Vtce President
of Umversel Surety of America
and to bmd the Company thereby as fully and to the same extent as ff such bonds were s~gned by the President, sealed with the corporate seal of the
Company and duly attested by tts Secretary, hereby ratifying and confinmng all that the smd Attorney(s)-m Fact may do voth~n the stated
hmltnttous, and such' anthonty ts to continue m force untd 12/31/1999 Smd appointment ~s made under and by anthonty of the
following resulutton adopted by tho Board of Dtrectors of Umversa[ Surety o f America at a meeting held on the 1 lth day of July, 1984
' Be It Resolved, that the President, and any V~ce Pres~dant, Secretary or any Assrstsnt Secretary shall be and rs hereby vested wtth. full power
and anthonty to appthnt any one or more suitable persons as Attorney(s) m Fact to represent and act for and on behalf of the Company
"RESOLVED that the stgnature of any officer of the corpuratton, and the s~al of the corpomtmn may be affixed or pnnted by facst.nuhe to any
power of attorney of the corpuratton, and that such pnnted fansmuhe stgnature and seal sba fi be valtd and bmthng upon the corpomtmn
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr and its
corporate seal to be hereto affixed this 30th day of September, A D, 1996
.o...,,,~sn.~. UNIVERSAL SURETY OF AMERICA
County of Harris ss, ~' ~r~CiVox .I Pre,,dom
On this 30thlday of September, In the year 1996, before me, Rhonda Kay Wllke, a notary public, personally appeared John Knox,
Jr, personally known to me to be the person who executed the within instrument ns President, on behalf of the corporation herein
named and acknowledged to me that the corporation executed it
Notary Pubhc
I the understgnnd Secretary of Umversel Surety of America hereby certify that the above and toregmng ~s a full, tree and correct copy of the
Original Power of Attorney t~ued by smd Company, and do hereby further certt~ that the smd Power of Attorney rs s fllm offoet
GIVFN under my h~nd and tho ual of s~ud company, at Houston, Texas, th~s '1 7 th day o~'Fobruarv · 19 9 $
Any instrument tssued m excess of tho penalty stated above is totally void and wnhoot any vahdsty
For venficatmn of tho authority of thts power you may telephone (713) 722-4600 3926-3975/050
PRODUCER ~1~ CERTIFICATE IS ISSUED A~ A MATTER 0~' INFORMATION
HIGGINBOTHAMI a ASSOC. ~ INC. ~LY ~O ~S NO RIGH~ ~ ~E C~TIFI~TE
P. O. BOX 90~ H~D~
·ort Worth, ~X 76101
asafeco Insurance Cos.
Trico Electric Inc. BZ~NITfi INSU~NCE CO.ANY
P.O. BOx 1554
Azle, ~X 76098 c
D
A ~NH,ALLIABILI~ CP9301464 08/01/97 06/07/98 aENERALaaaR~ATEll2'000'000
-- --~CLAtMS MAO~ ~ OCCUR PERSONA L & ADV INJURY "1,000,000
-- ~w.~Rs&coNm~m.s ..o~ ~C,OOCU.R~NOE ~1 ~ 000 ~ 000
-- "mREDAMAeE(AnV~efmr,) i ~0 ~ O0 0
~o~.~y~,.*~,mt ~eO00
A ~u,o.o.*~.u~.,u~ BA9301464 06/07/97 06/07/98
A ~..~m~.m~m~ ~P74259 08/30/97 08/30/98 ~AS, OOCU.~.C~ *1,000,000
O~FIOER~ AR~IXI ~OL DISEASE EADH EMPLOYEE
A o~.~. Con~a~o~ CP9301~64
~qu~pment Deductible $250
Attn~ Bob Tlckner
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's e{'tantlon i~ dlreeted to the Insurance requirements below. It is highly
recommended that bidders confer with their respective insurance carriers or broker8
to determine in advance of Bid eubmi$81on the availability of insurance certificates 8nd
endorsements aa pres~ibed end provided herein. If an apparent Iow bidder fails to
comply ~.tr~.. tly with the ~lurance requirements, that bidder may be disqualified from
ewero cT me contract. Upon bid award, all insurance requirement..hall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout tho course of this contract.
STANDARD PROVISIONS:
Without ha,ting any of the other obhgat,ons or I,eb,litles of the Contractor. the
Contractor shall provide and mmnteln untd the contracted work has been completed
and accepted by the City of Denton. Owner. the minimum ,nsurance coverage as
indicated here,nafter.
As soon as pract,cable after not,flcat,on of b,d award. Contractor shall file w,th the
Purchas,ng Department sat,,factory cer~,flcates of ,nsurance. conta,n,ng the b,d
number and t,tle of the project. Contractor may. upon wnt~en request to the
Purchasing Department. ask for clanflcat,on of any insurance requ,rements at any
t, me, however, Contractors are strongly advised to make such requests prior to b~d
opening, since the ,nsurance requirements may not be mod,fjed or wa,ved after b,d
opening unless a written except,on has been subm,tted with the b,d Contractor shall
not commence any work or deliver any material until he or she receives notlfica=on
that the contract has been accepted, approved, and signed by the City of Denton
All msurance pohc,es proposed or obtained ,n sat,.fact,on of these requ,rements shall
comply with the follow,rig general spec:flcat, ona, and shall be malnta,ned m
compl,ance with these general speclficat,ons throughout the durat:on of the Contract.
or longer. ~f aD noted:
· Each policy shall be ,aaued by a company author,zed to do bus,ness in
the State of Texas w,th an A M Best Company rat,ng 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 deduct,bias or self-insured retent,ons w,th respect to the City, ~s
Insurance Requirements
Page 2
officials, agents, employees end volunteers, or. the contractor shell
procure a bond guaranteeing payment of losses and related
investigations, claim administration end defense expenses.
· Liability policies shall be endorsed to provide the following:
®e Name as additional insured the City of Denton. Its Officials.
Agents. Employees and volunteers.
· · That such Insurance is primary to any other *nsurance avmlable to
the add,t~onal insured w~th respect to cia,ms covered under the
policy and that this insurance appl,ea separately to each Insured
age,nat whom cla,m is mede or su,t la b~ought. The inclusion of - -
more than one Insured shall not operate to ~ncreas~ the insurer's
limit of liability.
· All pollc*es shall be endorsed to provide th,rty{30} days pr,or wr,t~en
not, ce of canceller,on, non-renewal or reduction in coverage.
· Should any of the required Insurance be prov,ded under a cia,ms-made
form. Contractor shall ma,ntaln such coverage continuously throughout
the term of th,s contract and. without lapse, for a per,od of three years
beyond the contract expiration, such that occurrences arls,ng during the
contract term which give rise to claims made after exp,ratlon of the
contract shall be covered
· Should any of the requ,red Insurance be prowded under a form of
coverage that include· a general annual aggregate I,m~ providing for
claims investigation or legal defense costs to be Included ,n the general
annual aggregate limit, the contractor shall either double the occurrence
limits or obtain Owners and Contractors Protects· Liability Insurance.
· Should any required insurance lapse during the contract term. requests
for payments or,glnating after such lapse shall n~t be processed until the
C~ty receives satisfactory evidence of reinstated coverage as required by
this contract, effective as of the lapse date. If Insurance is not
reinstated. City may. et it~ ~le option, term,nat· this agreement
effective on the date of the lapse.
Insurance Rsqu;remsnta
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurence pohc,e$ proposed or obtmned ;n sat,afact~on of th~$ Contract shell
additionally comply w~th the following marked apec~fica~ons, and shall be mature,ned
in compl,ence w,th these additional specificat,ons throughout the duration of the
Contract, or longer, ,fao noted:
~'~ A General Liability Insurance:
General L~abfl~ty insurance with comb,ned s~ngle limits of not less than _
$ SO0: 0;)0.0o shall be provided and me,nra,ned by the contractor The policy
shall be wr,tten on an occurrence basis e,ther m a e~ngle policy or ,n ·
combiner,on of underlying and umbrella or excess pohcms
If the Commercml General Llab,hty form (ISO Form CG 0001 current
edit,on) is used
· Coverage A shall ,nclude premises, operations, products, and
completed operat,ons, ;ndependent contractors, contractual hab,l,ty
cover,rig th~s contract and broad form property damage coverage
· Coverage B shall include personal ,niury
· Coverage C, medical payments, ~e not requ,red
If the Comprehensive General Lmbdl,ty form (ISO Form GL 0002 Current
Edit,on and ISO Form GL 0404) ~s used, ~t shell ~nclude at least,
· Bod,ly ,nlury and Property Damage Lmb,hty for premises,
operatmns, products end completed operat;ons, independent
contractors and property damage reeu~ng from explosion, collapse
or underground (XCU) exposures
· Broad form contractual lieb~lrty (preferably by endorsement)
covering this contract, personal ,nlury hsbflity end broad form
property damage Iiablhty
Insurance Requirements
Pegs 4
Automobile Liability Insurance:
Contractor shell provide Commercial Automob,le Liabihty Insurance with
Combined Single Limits (CSL) of not less than ~_$00,000.0_0erther in e single
policy or in a combination of basic and umbrella or
w,II include bodily Injury end property damage liability arising out of the
operation, mmntenance and uae of ell automobiles and mobile equipment used
in conjunction with this contract
Satisfaction of the above requirement shall be m the form of a pohcy
endorsement for
· any auto. or
· alt owned, hired and non-owned autos ~
Workers Compensation Insurance
Contractor shall purchase and maintmn 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 $500,000 pohcy limit for
occupational disease The City need not be named as an "Additional Insured"
but the ~nsurer shall agree to wmve all rights of subrogation against the City,
~ts officials, agents, employees and volunteers for any work performed for the
City by the Named Insured. For building or construction projects, the
Contractor shall comply w~th the provisions of Attachment 1 ,n accordance
with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (7WCC}.
[ ] Owner's and Contractor's Protective Uebility Insurance
The Contractor shall obtain, pay for and maintain et all t~mee dunng the
prosecution.of ,t. he work under this contract, an Owner's and Contractor'
Protec~ve Liability insurance -olic~ nemi-- *~- "~- _. e
' " · "V u*. ~.~y 88 Ineure~ lor Property
oamege and bodily ,njury which may arise in the rosecu -
contractor's operations under *hi ......... -P t~on.of the work or
· o ~,,,,,-,u~ ~.oversge snell be on an
Insurance Requirements
Page 5
*occurrence* bas~s, end the pohcy shall be ~ssued by the same ~nsursnce
company that cernes the contractor's hab~llty Insurance. Pohcy hm~ts w~ll be
at least combined bodily ~njury and property damage per
occurrence w~th e aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is requ;red if Broad form General L~ab;hty m not prowded or Is
unavmlable to the contractor or ~f e contractor leases or rents · port:on of e
C~ty bu~ld~ng. Lira;ts of not less than ...... each occurrence are required
! ] Professional Liability Insurance
Professional hab~llty insurance w:th hm~t$ not less than ,.. per clmm
w:th respect to negligent acts, errors or omissions in connection w~th
professional serwces is required under th~s Agreement
[ ] Builders' Risk Insurance
Bu;Iders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the C;ty of
Denton and ell subcontractors as their :nterests may appear
[ ] Additional Insurance
Other insurance may be required on an Individual bas,s for extra hazardous
contracts and apec~hc service agreements. If such additional insurance ~s
required for · spec~hc contract, that requirement w:ll be described ~n the
"~peclhc Cond:t~ons" of the contract spec:flcat,ons
Insurance Requirements
Page 6
ATTACHMENT 1
Workor'e Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A Definitions:
Certif;c. ate of coverage ("certlf,cate"}.A copy of a certificate of ~nsurance,
a certlf,cate of authority to self-Insure issued by the commission, or a
coverage a.g.re.ement ( .TVVC.C-81, TWCC-82. 'n/vcc-83. or TVVCC.84),
show,rig e;a;u;ory workers compensation Insurance coverage for the
person's or entlty'e employees prowd;ng services on a project, for the
duration of the project
Durst,on of the project - Includes the t,me 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 provld,ng services on the project ("subcontractor" in t406 096) -
InCludes all persons or entrees 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. w,thout 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 limttat~on, providing, hauhng, or deliver,rig
equ,pment or materials, or providing labor, transportation, or other e
related to a project. "Services" does not InClude act~v~es unrelated ~orV~
project, such as food/beverage vendors, office ~upply del,varies, and
delivery of portable toilet~.
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 prov,dlng serv,cee
on the project, for the duration of the project
Insurance Requ,rements
Page ?
C. The Contractor must provide 8 certsflcate of coverage to the governmental
entity prior to bemg awarded the contract
D If the coverage per,od shown on the contractor's current certificate of
coverage ends during the durst,on of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showsng that coverage has been extended
E The contractor shall obta,n from each person providing services on a
project, and prov,de to the governmental entry.
(1) a cart;floats of coverage, prior to that person beglnmng work on the
project, ao the governmental entity will have on file certificates of
coverage showing coverage for ell persons prov,dlng services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
csrt~flcate of coverage showing extension of coverage, If the coverage
period shown on the current certificate of coverage ends dunng the
duration of the project
F The contractor 8h811 retain all requ,red certificates of coverage for the
duration of the project and for one year thereafter
G The contractor shall not,fy the governmental entity ,n wr,tlng by certified
mall or personal dehvery, within 10 days after the contractor knew or
should have known, of any change that materially effects the prov,s~on of
coverage of any per80n providing services on the project
H The contractor shell post on each project 81ts a not,ce, in the text, form and
manner preacr,b®d by the Texas Workers' CompenaatJon Comm,$s;on.
informing 811 persons provid,ng services on the project that they are
required to be covered, end stating how a person may verify coverage and
report lack of coverage.
nl~ur~n~;a Maqulremant$
Page 8
I. The contractor 8hill ¢=ontrectuelly require each person w;th whom it
contractl to provide aervlces on a project, to:
(1) prey,de ooverage, bssed on proper report, nO of clsss,flcation codas and
payroll amounts and filing of any coverage agreements, which meats
the atstutory requlrementa of ?exss Labor Code, Section 401.011 (44)
for all of its employees providing aervwcec on the project, for the
durst,on of the project;
(2) provide to the contractor, prior to that person beg,nmng work on the
project, a ce~fwcate of coverage showing that coverage is being
provided for ell employees of the person providing services on the
project, for the duration of the project.
(3) provfde the contractor, prior to the end of the coverage, per,od, a new
oertihcate of ooverage 8howmg extorts,on of coverage, if the covers ·
p~enod shown on the current certificate of cov ....... ~- -' -.g
auratlon of the project. -.au- unu. uurlng me
(4) obtain from each other person w,th whom n contracts, and provide to
the contractor
(a) a cerhf,cate of coverage, pr,or to the other person beg,nn,ng work
on the project, and
lb) e new certificate of coverage ehow,ng extorts,on of coverage, prior
to the end of the coverage per,od. ,f the coverage period shown on
the current certlf, cate of coverage ends dunng the duration of the
project;
{6) retain ell required certificates of coverage on file for the duration of the
project end for one year thereafter;
(6) no.ti, fy the governmental entity in writing by certJfled mall or personal
delivery, within 10 day8 after the person knew or should have known,
of any chan.ge that materially affects the pray,man of coverage of an
person pray,ding service8 on the project; and Y
Insurance I~equlrements
Page g
(7) contractually require each person w,th whom *t contracts, to perform
as requ,red by paragraphs (1 }. (7}. w,th the certificates of coverage to
be prov,ded to the person for whom they are provld,ng services
J. By signing this contract or provid~ng 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 mil
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be baaed on proper reporting of claaslflcatJon
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate Insurance carrier or. ,n the case of a self-insured, w~th
the commies,oh's Div:a,on of Self-Insurance Regulation. Prov,dlng false or
m,aleadlng *nformatlon may subject the contractor to administrative
penalt,ea, cr,m~nal penalties, civil penalties, or other c,v,I act,one
K The contractor's fadure to comply wrth any of these provisions is a breach
of contract by the contractor which ant,ties the governmental ent,ty to
declare the contract void if the contractor does not remedy the breach
within ten days after race,pt of notice of breach from the governmental
entity.
MAR--O~--~e 12~2 AM P.e2
,;OG';NBOTHM4 & ASSOC. ~,
O. BOX 908
~orth ~ TX 76101
~;le~ ~ 7609~ ......
D
~T~ ~Y ~ ~ ~ ~Y ~
46~
· cus L,* U L,W ' 4 2 5 9 ;*G~ ocou~o~
r0054302
Deductibl~ $250
e~i~ca~ hol~er ~ l~ste~ liablli~y policy.
321 R~s~ ~Ktnney
Denton, ~ 76201