1998-379 o INANc No
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR NORTH LAKES AND DENIA RECREATION CENTER EXPANSION,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (BID # 2287 - NORTH LAKES AND DENIA RECREATION CENTER
EXPANSION AWARDED TO MCWILLIAMS ENTERPRISES, INC, 1N THE AMOUNT OF
$1,399,400 00)
WHEREAS, the City has sohclted, recmved and tabulated competitive bids for the
construction of pubhc works or improvements m 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 hereto described bids are the lowest responsible bids for the construction of the public works or
improvements described m the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the following competitive bids for the construction of public works or
improvements, as described m the "Bid Invitations", "Bid Proposals" or plans and spemficat~ons on
file m 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
2287 MCWILLIAMS ENTERPRISES, INC $1,399,400.00
~ 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 constructmn of such
public works or improvements herein accepted and approved, until such person shall comply with
all reqmrements specified m the Notme to Bidders including the timely execution of a written
contract and furmshmg of performance and payment bonds, and msuranee certificate after
notffieatlon of the award of the bid
~ That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or ~mprovements m accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
w~th the Nottee to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
con&tlons, plans and specifications, standards, quantities and specified sums contmned thereto
~ That upon acceptance and approval of the above competitive bids and the
execution of contracts for the pubhc works and ~mprovements as authonzed here~n, the City Cotmed
hereby authorizes the expenditure of funds m the manner and ~n the amount as specified in such
approved b~ds and authonzed contracts executed pursuant thereto
~ That tins ordinance shall become effective ~mmed~ately upon its passage and
approval
I q
PASSED AND APPROVED th~s the -- day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2287 N LAKE&DENIA CONTKACTUAL ORDINANCE
ATTACHMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 17 day of NOVEMBER A.D.,
1998, by and between CITY OF DENTON of the County of DENTON and State of Texas,
acting through MICHAEL W. JEZ, C~ty Manager, thereunto duly authorized so to do,
hereinafter termed "OWNER," and
MCWILLIAMS ENTERPRISES INC.
403 N. SYLVANIA AVE. # 18
FORT WORTH, TX 76111
of the C~ty of FORT WORTH County of TARRANT and State of TEXAS, hereinafter
termed CONTRACTOR"
WITNESSETH That for and m consideration of the paymems and agreemems
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID g2287 - NORTHLAKES & DENIA REC. CENTER EXPANSION
m the amount of $1,399,400.00 and all extra work in connection therewtth, under the
terms as stated m the General Conditions of the agreement, and at h~s (or their) own proper
cost and expense to furnish all materials, supphes, machinery, eqmpment, tools,
supenntendence, labor, insurance, and other accessories and serwces necessary to complete the
work specified above, m accordance with the conditions and prices stated m the Proposal
attached hereto, and m accordance w~th all the General Conditions of the Agreement, the
Special Cund~tlons, the Not,ce to B~dders (Advertisement for B~ds), Instructions to B~dders,
and the Performance and Payment Bonds, all attached hereto, and m accordance wtth the
CA- 1
plans, which mcludes all maps, plats, blueprmts, and other drawings and prmted or written
explanatory matter thereof, and the Specifications therefore, as prepared by
CORGAN ASSOCIATES, INC.
all of wluch are made a part hereof and collecUvely evidence and constitute the enUre contract
Independent Status
It is mutually understood and agreed by and between City and Comractor 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, withholdmg, social
security taxes, vacauon 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 accordmg to the attached specIfications at the general d~rect~on of the City Manager
of the C~ty of Denton, Texas, or Ins designee under thxs agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the Cxty of
Denton from any and all damages, loss, or llablhty of any land whatsoever, by reason of injury
to property or tlurd persons occasioned by any error, omxss~on or neglxgent act of Contracto~r,
~ts officers, agents, employees, mwtees, and other persons for whom ~t ~s legally hable, w~th
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the C~ty of Denton agam.~t 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 he m 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 m written notice to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of tune as are provided by the
General and Special Conditlons
The OWNER agrees to pay the CONTRACTOR in current funds the price or pr:ces
shown m the Proposal, wluch forms a part of th:s contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
the year and day first above written
(~'d/'~-/~/J~-~/~'~ CITY ~I~ r~gNTON
' _ownER
(SEAL)
ATTEST
CONT~CTOR
MAILING ADDRESS ~/~'/~ 7)'- '7to ~/
PHONE NUMBER
FAX NUMBER
TITLE
APPROVED AS ¢~ / ~ P~NTED NAME
E~Y ~T~~
CA - 3
Bond
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THF.,SE PRESENTS. Tl~ MCWIU. ZAM~ ENTERPRI~
I~C. who~e addl~s is 403 N. S~[I,¥ANIA A~rE. # 18j I~)RT WORTH DR. T~ ?~111.
~e lnws of~e ~ of~, ~ ~y au~ m ~n~ b~s m ~e S~ of T~,
u S~e~, {e held ~ ~y ~u~ ~ ~e C~ of D~n, a m~c{pd ~on
p~ s~ of O~ ~.x.{ON ~ ~~ ~ ~ ~0~ ~
~~ ~ no/l~ ~L~ ({1,3~,~.~) pl~ ~n ~t of ~e s~ ~n]
s~ ~ ~ ~ ~ of mo~y r~r~g ~uo~ ~ e~, a~s' ~, ~
h~ ~-~ ~ o~ of or ~ ~ ~e ~ow ~ Co~ m ~
~y of ~ U~ S~ m ~ ~ m ~ ~, T~, ~ ~ ~ of w~
s~ we~ ~ ~y m ~ ~ we ~ b~ ~v~, o~ he~, ex~, ~,
s~sors, n~ ~, jo~y ~ sev~y, ~y by ~ ~. ~ ~ shall
auW~U~y ~ ~ by ~e ~o~t of ~y ~nnge O~ or Su~l~ A~t
w~ch m~w ~e Con~t pn~, but m no event shnl! a ~ge O~er or Su~l~
A~ent w~ r~u~ ~e Con~ pn~ d~e ~e pe~ s~ of ~ Bond
~E OB~GA~ON TO PAY SAME ~ ~n~uon~ ~ follows ~ere~, ~e ~c~p~
~nter~ into a c~ Con~act, tdenufi~ by Ordinnnce N-tuber 9~3~9, w~ ~e Cx~ of
Denton, ~e O~, ~t~ ~e 17 ~y of NO~ A.D. 1~8. a copy of w~ch ~ h~eto
a~ch~ ~ ~e a p~ her~f, for B~ ~ ~ - NOR~~ & D~ ~C.
CE~R ~SION.
NOW, ~FO~, d ~e ~c:p~ s~ well. ~ly ~ frothy peffo~ ~ ~lfill
~1 Of ~e .nd~n~ngS, ~ve~, ~, ~dlHo~ ~d a~en~ of smd Con~ m
a~r~ w~ ~e PI~, Sp~xfi~Uom ~d Coast D~en~ d~g ~e ong!nnl te~
· er~f ~ ~y extra,on ~er~f w~ch my ~ ~ by ~e 0~. w~ or wt~out nouce
to ~e S~e~, ~ d~g ~e hfe of ~y ~ or w~ requ~ under ~s Con~a~, ~d
shal aso well ~d ~ly peffo~ ~d ~lffil ~ ~e ~de~gs, cove~, te~. cond~Uo~
ad agreem~ of ~y ~d al duly au~or=~ mod~ficaUo~ of sa~d Contract ~at may
here~er be ~e, nouce of whtch m~fficatxom m ~e Sure~ bemg hereby waive, ~d, if ~e
~mc:p~ sh~l repa~ ~d/or replace ~1 defec~ due to fa~ ~ten~s ~d wor~nns~p ~at
app~ w~thm a pen~ of one (I) ye~ ~om ~e ~te of ~ compleUon ~d ~a acc~ce of
· e Work by ~e Owner, ~d, xf ~e Prmc~pa shal ~lly mde~ ~d save h~ess ae
O~er ~om ~ cos~ ~d ~es w~ch O~er ~y suffer by re.on of failure to so peffo~
hereto ~d s~l ~ily re~burse ~d repay Owner al outlay ~d expe~e which ~e Owner ~y
recur m ~g ~o~ ~y default or deficxency, ~en ~s obhgauon sh~l be void, o~e~se, tt
shSl ream m ~11 force ~d effect
PB - 1
PROVIDED FURTJ~¥ th~ Lf any ~ acnon be filed upon ~f ~ ~e
v~ ~ ~ m ~n Co~. 5~ of T~.
A~ PRO~ ~, ~ ~ ~ ~, ~ ~ r~lv~ ~y
sUp~ ~ ~ rh~ ~ ~e, ~1~ of ~..~, ~on or ~dflt~on m ~ ~ of
· eCo~ ~Work~~~, or m ~e~, S~,
Dmz, ~., ~~ ~ ~ ~ m ~ ~ ~ obhi~oa oa ~ ~,
~ ~ d~ ~y wmve no~ of ~y ~ ~e, e~on of ~, ~oa or ,~ m
· e ~em of ~ Co~, or m ~e Work m ~ ~o~ ~, or m ~ ~,
S~ffi~om, Dmz, ~
~ Bo~ ~ g~v~ p~t ~ ~e ~o~om of ~ ~3 of ~ Te~
~ve~m~ C~, ~ ~, ~ ~y o~ ~h~le smm~ of ~e Sm~ of Te~
~e ~l~ ~ d~ agent n h~eby des~s~ by ~e S~e~ h~ m ~e
R~den~ Ag~ m Dean Co~ ~ whom ~y r~lm nou~ ~y ~ dehv~ ~ on
whom s~ of pr~s ~y ~ ~a m ms.~ ~ out of s~ ~s~p, m ~ by
~e 7 I~I of~ ~ C~. V~oa's ~nn~m~ Cl~ S~ of~ S~ of T~
~ ~S ~OF, ~ ~ ~ ~ m 4 ~pim, ~ch o~ of w~
s~ be d~ ~ one, th~ ~e 17 ~y of NO~ 1~8.
ATTEST PRINCIPAL
McWt11~ams Enteror~ses, Inc
SECRETARY BYPRE~T
ATTEST SURETY
~1~~ Far West Insurance Company ~ Amwest Surety
BY Insurance Co~oany
ATTO~EY-IN-FACT 0ebble Smtth
The Resident Agent of ~e Sure~ m Denton Count, Tex~ for dehve~ of notice ~d se~lce
of ~e process ~s
NAME ~t111am D 8aldwtn
1201 ~as 0rtve, Sutte 8
ST~ET ADD'SS Richardson, TX 75081
(NO~ D~e o~ Pe~o~nce ~o~ m~t be ~te of Contra~ If Resident Agem tx not a
co~or~wn, g~ve a pe~on's name )
PB - 2
1375620
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That MCWn.I.I~.M8 ENTI[RPRIS~,
INC., whose address m 403 N. SYLVANIA AVI~. //18, FORT WORTH, TX, 76111,
hereum.Qer called Pr,.lic~}. mm{ Far Vest Insurance Company ~ Amwest Surety Insurance Comuany
a corporation org*-,.~d and exmuln{ under the laws of the State of T]~gAS, amd fully
authortzed to umumact bnsme~s m tho State of Texas, as Surety, are held ami firmly bo,,,~ unto
the City of Deutou, a mumc~pal corporauou org-n,7~d .nd eyastu~ .rider the laws of tho State
of Texas, herettutO~r called Owuer, and unto all l~-rsons, fimm, and corporauom who may
furnish mmt~-ml, for, or perform labor upon, the building or ,m-r. ovements herem.~-~r r~
to, m tho pemd sum of ONI~ Mn.I.;ON TI~ HUNDI~m~ NINETY NINR THOUSAND
FOUR HUNDI~lm AND NO/100 DOLLARS ($1,3~9,40~.00) tn lawfol money of tho Umted
States, to he p~d ,- D~mm. Comay, T~xas. for tho paym~ of winc. h sum well ..a truly to
be mada, we hur~by bhxi our~lv~, our hun~, executors, ~rs, successor, and
asslgas, jo,.ely ..d severally, firmly by ~ presents This Bomt shall automatically be
increased by the amount of any Change Order or Supplemental Agreement winch merenses the
Contract pnce, but in no event shall a Change Order or Supplemental Agreement winch
reduces the Contract pnco decrease the pen.l sum of th,s Bond
THE OBLIGATION TO PAY SAME ~s conthuoned as follows Whereas, the Principal
entered into a cortam Contract, identified by Ordlnnnce N-tuber 98-379, with the City of
Denton, the Owner, dated the 12 day of NOVI~IBER A.D. 1998. a copy of which ns hereto
attached and made a part hereof, for BID # 2287 - NORTHLAKES & DENIA REC.
CENTER EXPANSION.
NOW, THEREFORE, If the Principal shall well, truly and faithfully perform ~ts dunes
and make prompt payment to all persons, firms, subcontractors, corporauons and Ctglm.nt~
supplying labor and/or mntenal tn the prosecution of the Work provided for in said Contract
and any nnd ail duly authorized modlficauons of said Contract that may hereafter be made,
notice of which modlficatmns to the Surety berne hereby expressly waived, then tins oblzgaUon
shall be void, otherwise it shall remmn m full force and effect
PROVIDED FURTHER, that If any legal action be filed on th~s Bond, exclusive venue
shall lie m 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 adthtlon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficauons,
Drawings, otc, accompanying the same, shall in anywise affect its obhgatlon on th~s Bond,
and it does hereby waive notice of any such change, extension of tune, alteration or addition
the terms of the Contract, or to the Work to be performed thereunder, or to the
Specifications, Draw,ngs, etc
PB - 3
~ Bond~ m gnm~ pursuam to the wu~.Smns of Chapter 27.53 of t~. Texas
Goverm~ Cod~, as an~mciM, and any other appla:able statutes of tbe $~- of Texas.
Res~lent Agent m Demon Couaty to whom any reqmsae noUces may be dehvered nmi on
whom servic~ of process may be bad m marten arming out of such suretyship, as prov~l~d by
Amcle 7 19-1 of the Insurame Coc~, Vemon's ~n~t,.~ Civil Smtm~ of tbe S~ of T~as.
IN WITNESS WHEREOF, tim ~ ,, executed m 4 copim, each oae of wl~h
shnI! be deemed an on,mai, tim file 17 day of NOVEMBEI~ 1998.
ATTEST PRINCIPAL
~ . McWt111ams En~erortses, Inco
ATTEST SURETY
Far gest Insurance Comoany& Amwest Surety
BY Insurance comoanv
/ BY · '
ATTORNEY-IN-FACT 0ebbte Smith
The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and service
of the process m
NAME William O. Baldwin
STREET ADDRESS 1201 Kas Drive, Suite B, Richardson, TX 75081
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 4
LIMITED POWER OF ATTORNEY
Amwest Surety Insurance Company
Far West Insurance Company
Expiration Date 10/05/00 POWER NUMBER 0000936989
Th~s document ~s printed on white paper containing the artificial wat~m-aarked logo ( ~' ) of Amwest Surety Insurance Company on the front and brown security paper
on the back Only unaltered originals of the Limited Power of Attorney ("PEA') are vahd This PeA may not be used tn conjunction w~th any other PeA No
representations or warrant~es regarding this PeA may be made by any person This PeA is governed by the laws of the State of Nebraska and is only vabd until the
expmatlon date Amwest Sgrety insurance Company and Far West Insurance Company (collectively tbo ' Company ') shall not be hable on any hmtted PeA which ~s
fraudulently produced forged or otborw~se dlstrlboted w~thout the perrmsslon of the Company Any party concerned about the vahdtty of this PeA or an accompanying
Company bond should call your local Amwest branch office at (972') 503-6925
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporatmn and Far West Insurance Company, a Nebraska corporatmn
(collecOvely the Company ), do hereby make eonsutoto and eppomt
Suzanne C Baldwin
William D Baldwin
Cindy Fowler
Debbie Smith
Michael B Hill
As Employees of Baldwin Ins And Bonding Agency
~ts true and [awOl Attorney in-fact, with lima[ed power and aufaonty for and on behalf of the Company as surety to execute dehver and affix the seal of the company thereto
if a seal ~s reqmred on bonds, undertakings, recognizances reinsurance agreement for a M1Ner Act or other performance bond or other w-rltten obhgatmm m the nature thereof
as follows
All Bonds up to $10,000,000 00
and to bmd the company thereby ThxsappomtmentismadeunderandbyauthorltyoftheBy LawsoftheCompeny whmharenowm full force and effect
I the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporation DO HEREBY
CERTIFY that th~s Power of Attorney rermms in full force and effect and has not been revoked and ~rthermore that the resofat~ons of the Board of D~rectors of both Amwest
Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney and that the relevant prows~ons oftbo By Laws of each company are now
in full force and effect
BondNo ]375620 S~gned&seafadth~s 17th dayof November 19 98
-- Karen G Cohen Secretary
Tfas POA ts s~gned and sealed by facsimile under and by the authority oftha followng resoluttons adopted by the Board of D~rectors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28 1983
RESOLVED that the President or any V~ce President, in conjunction with the Secretary or any Assistant Secretary raay appoint attorneys in fact or agents with
autbortty as defined or hmated ~n the instrument evldenmng the appointment m each case for and on behalf of the Company to execute and dehver and affix the seal of the
Company to bonds, undertaklnga, recognizances and suretyship obhgatmns of all kinds and said officers may remove any such attorney In fact or agent and revoke any PeA
previously granted to such person
RESOLVED FURTHER, that any bond, undertaking recognizance, or suretyship obhgatlon shall be vahd and brad upon the Company
(i) when s~gned by the President or any Vice President and attested and sea]ed (ff a seal be reqmred) by any Secretary or Assistant Secretary or
(n) when signed by the President or any Vice President or Secretary or Assistant Secretary and countersigned and sealed (ifa seal be reqmred) by a duly
aufaonzed attorney-m fact or agent or
0n) when duly executed and sealed (if a seal bo required) by one or more attorneys tn fact or agents pursuant to and within the hmats of the autbordy
ewdeneed by the power of attorney issued by the Company to such person or persons
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facs~mde to any PeA or certfficatton thereof
authortmng the execution and dehvc~ry of any bond, undertaking recognizance or other suretyship obhgatlons oftbo Company and such signature and seal when so used shall
have the same force and effect as though manually affixed
IN WITNESS WHEREOF Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be sxgned by xts proper officers and ~ts
John E Savage, Presldefa Karen G Cohen, Secretary
State of Colt forma
County of Los Angeles
On September 25, 1998 before mo Peggy B Lofton Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me
on the bas~s of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the w~thln instrument and acknowledged to me all that he/she/they executed the
same ~n his/her/tbo~r authorized eapamty0es) and that by hlsPaer/thalr signature(s) on the instrument the person(s) or the enuty upon behalf of which the person(s) acted
executed the mstcument WITNESS my ~,t~d and official seal
~o , ,,*,, I 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 ,
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT
You may contact the Texas Department of Insurance to obtain ~nformat~on on compames,
coverages, rights or complmnts at
1-800-252o3439
You may write the Texas Department of Insurance
P.O. Box 149104
Austin, Texas 78714-9104
FAX No. (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a d~spute concerning your premmm or about a clmm, you should contact
the company first If the dispute ~s not resolved, you may contact the Texas Department
of Insurance
ATTACH THIS NOTICE TO YOUR POLICY
Ttus not~ee ~s for mformatmn only and does not become a part or condition of the
attached document
ONLY.&ND CONFER8 NO RJGHT~ UPON ~ CERT1FIOATE
Ba].dw3.n /:ns & Bond:Lng Ag~n~j' HOLDER. THIS CERTIFICATE DOB8 NOT AMEND, EXTEND OR
1201 ~a.,, Dg'ILve, 8t~i'~ ~ ALTER THE COVERAGll AFFORDED BY 1].IE POLICIES BELOW
R:Laha=dson '/'"X '75081 COMPANIBSAFFORDINQCOVERAGE
}avzd M' Mo=gan OOU~A~V
'~..Ns 9'72--644--261~1~1 I'p=m, 972--644--9035 A ~4t:u.ud.nous
B
~OMPANY
l~W~.lZ:Lan~ Bn~e.-'p=:Loes, Zna , C
403 H, Sylvan:La ~up, uw
Ft Wo=P..h $'~ 76111 D
A X ~uu~.~m~u.~,~,w~Y ~2302492 03/29/98 03/29/99 ~.em,,wM,~ 1~2000000
[ c~q~,w~ [] oecm ~vo~.uuw~uur~ s 1000000
owses'a & m~vnta, oroea ,-~,; ~ ~ c"~ -"L'PP~NOa $1000000
__ sssr~u~malaav~m,! ~ 50000
u~ ~ p~ ~, ~) sS000
-- ~oMmNIm ~ Urn1* $1000000
A ~ *m'~u'm CR,.92542273 03/29/99 0'a/29/99
__ AU. OWNED ^t,'roe
exoeea uAmun, ~,~ oc~u~ $1000000
. ._. ,"°°°°°°
l)=o3eo*:. Bid #R2~7 - 149~L~e~& D~m!& 1~ Centez: Expm~sion The C~.L-¥' o~'
D~=n ~ ~6201
12/09/98 WED 09 20 [TX/RX NO 5057]
8ENT BY' DENTON*CTTY*ACCTO; 12-14-08 12:21; 9403497789 => +19403407302; #212
~2/z4/zaae 12:81 8Z7354247S ~/~ T~S P~ e2
· at~ C~ ~ ~~ ~ ~ "'~-"
~E ~ ~ ' ~ ~MBER U~ ~
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I
'1
Insurance Requirements
Page 1
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 the.r respective ~nsurance
carriers or brokers to dcterm~ne in advance of Bid submission the avmlabllity
of insurance certificates and endorsements as prescr.bed and prowded
harem If an apparent Iow bidder fails to comply strictly w~th the ~nsurance
requirements, that bidder may be dlsquahfled from award of the contract
Upon bid award, ell insurance requirements shall become contractual
obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract
STANDARD PROVISIONS:
W~thout hm.t~ng any of the other obhgat~ons or hab~htms of the Contractor,
the Contractor shall prowde and maintain until the contracted work has been
completed and accepted by the C~ty of Denton, Owner, the mlmmum
~nsurance coverage as ~ndmated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file
w~th the Purchasing Department satisfactory certificates of insurance,
conta~mng the b~d number and t~tle of the project Contractor may, upon
wntten request to the Purchasing Department, ask for clarification of any
~nsurance requirements at any t~me, however, Contractors are strongly
adwsed to make such requests pnor to b~d opemng, s~nce the ~nsurance
requirements may not be modified or waived after b~d opemng unless a
wntten exception has been submitted w~th the b~d Contractor shall not
commence any work or deliver any materml untd he or she recelves
notification that the contract has been accepted, approved, and signed by
the C~ty of Denton
All ~nsurance pohmes proposed or obtained ~n satisfaction of these
requirements shall comply w~th the following general spemflcat~ons, and shall
be ms.nra.ned m comphance w~th these general specifications throughout the
duration of the Contract, or longer, ~f so noted
· Each pohcy shall be ~ssued by a company authonzed to do
bus~ness ~n the State of Texas w~th an A M Best Company rating
of at least A
Eng/t~Ids/MASTER doc
REVISED 10/12/94 Gl - 1
Insurance Requirements
Page 2
· Any deductibles or self-insured retentions shall be declared in the
bid proposal If requested by the C~ty, the insurer shall reduce or
eliminate such deductibles or self-~nsured retentions w~th respect
to the C~ty, 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
· Lmb~l~ty policies shall be endorsed to prowde the following
ee Name as additional insured the C~ty of Denton, ~ts Officials,
Agents, Employees and volunteers
ee That such ~nsurance ~s primary to any other insurance
available to the additional ~nsured w~th respect to claims
covered under the policy and that th~s ~nsurance apphes
separately to each ~nsured against whom claim ~s made or
suit ~s brought The ~nclus~on of more than one ~nsured shall
not operate to ~ncrease the ~nsurer's I~m~t of hab~llty
· All pol~mes shall be endorsed to prowde thirty (30) days prior
written notice of cancellation, non-renewal or reduction ~n
coverage
· Should any of the required ~nsurance be prowded under a
claims-made form, Contractor shall maintain such coverage
continuously throughout the term of th~s contract and, w~thout
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 ~nsurance be provided under a form of
coverage that ~ncludes a general annual aggregate I~mlt providing
for claims ~nvestlgatlon 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 Protective
L~abll~ty Insurance.
Eng/BidslMASTER do~
REVISED 10/12/94 Gl - 2
Insurance Requirements
Page 3
· Should any required insurance lapse dunng the contract term,
requests for payments ong~natlng after such lapse shall not be
processed until the C~ty receives satisfactory ewdence of
reinstated coverage as required by th~s contract, effective as of
the lapse date If insurance is not reinstated, City may, at ~ts sole
option, terminate this agreement effective on the date of the
lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS.
All ~nsurance pohmes proposed or obtmned ~n satisfact~on of th~s Contract
shall addmonally comply with the following marked specifications, and shall
be maintained in compliance with these additional specifications throughout
the duration of the Contract, or longer, if so noted
[X] A General Liability Insurance'
General L~ab~hty insurance w~th combined s~ngle hm~ts of not less
than $2.000.000 shall be prowded and ma~ntained by the
Contractor The policy shall be wntten on an occurrence basis
e~ther ~n a s~ngle pohcy or ~n a combination of underlying and
umbrella or excess pohc~es
If the Commercial General L~ablhty form (ISO Form CG 0001
current edmon) ~s used
Coverage A shall ~nclude premises, operations, products,
and completed operations, ~ndependent contractors,
contractual liability covering th~s contract and broad form
property damage coverage
· Coverage El shall ~nclude personal injury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002
Current Edmon and ISO Form GL 0404) ~s used, ~t shall include at
least
Eng/Btds/MASTER doc
REVISED 10/12/94 Gl - 3
Insurance Requirements
Page 4
· Bodaly ~njury and Property Damage Lmb~hty for premases,
operataons, products and completed operataons,
~ndependent contractors and property damage resulting
from explos,on, collapse or underground (XCU) exposures
· Broad form contractual hab~hty (preferably by endorsement)
covenng thas contract, personal ~njury Imbahty and broad
form property damage hab~l~ty
[X] Automobile Liability Insurance
Contractor shall provade Commercial Automobile bab~l~ty ~nsurance
w~th Combined S~ngle L~m~ts (CSL) of not less than 9500.000.00
e~ther an a s~ngle pohcy or ~n a combination of basic and umbrella or
excess pol~mes The pohcy wall ~nclude bodily ~njury and property
damage Imbal~ty arming out of the operation, maintenance and use of
all automobiles and mobale equapment used ~n conjunction wath th~s
contract
Satasfactaon of the above requarement shall be ~n the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation
ansurance which, an addat~on to meeting the mmamum statutory
requarements for ~ssuance of such ~nsurance, has Employer's Lmbal~ty
I~m~ts of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy I~m~t for occupational d~sease The
C~ty need not be named as an "Add~tmnal Insured" but the ~nsurer
shall agree to waive all raghts of subrogation against the Caty, ~ts
offlcmls, agents, employees and volunteers for any work performed for
the Caty by the Named Insured For building or construction projects,
the Contractor shall comply w~th the provisions of Attachment I an
accordance w~th §406 096 of the Texas Labor Code and rule 28TAC
110 110 of the Texas Worker's Compensation Commission (TWCC)
Eng/Bids/MASTER doo
REVISED 10/12/94
Insurance Requirements
Page 5
[ ] Owner's and Contractor's Protective L,ab,l,ty Insurance
The Contractor shall obtain, pay for and mmntam at all t,mes dunng
the prosecution of the work under th~s contract, an Owner's and
Contractor's Protective L,ab~hty ~nsurance pohcy naming the C~ty as
~nsured for property damage and boddy ~njury whmh may arise ~n the
prosecut,on of the work or Contractor's operations under th~s
contract Coverage shall be on an
"occurrence" bas,s, and the pohcy shall be ~ssued by the same
~nsurance company that carnes the Contractor's hab~hty insurance
Pohcy hm,ts wdl be at least combined bodily ~njury and
property damage per occurrence w~th a aggregate
[ ] Fire Damage Legal Liability Insuranoe
Coverage ~s required ~f Broad form General babd~ty ~s not prowded or
~s unavailable to the contractor or ~f a contractor leases or rents a
port,on of a C,ty building bm~ts of not less than each
occurrence are required
[ ] Professional Liability Insurance
Profesmonal habd,ty ~nsurance w~th hm~ts not less than
per clmm w~th respect to neghgent acts, errors or omissions ~n
connection with professional serwces ~s required under th~s
Agreement
[ ] Budders' Rink Insurance
Builders' R,sk Insurance, on an Ali-Risk form for 100% of the
completed value shall be provided Such pohcy shall ~nclude as
"Named Insured" the C,ty of Denton and all subcontractors as their
~nterests may appear
[ ] Additional Insurance
Other ,nsurance may be required on an ~nd~wdual bas~s for extra
hazardous contracts and spec,ftc serwce agreements If such
additional ~nsurance Is required for a specific contract, that
requ,rement wdl be described ~n the "Specific Conditions" of the
contract spec,flcat,ons
Eng/BIds/MASTER doc
REVISED 10/12194 Gl - 5
Insurance Requirements
Page 6
ATTACHMENT I
[ ] Worker's Compensation Coverage for Bu,ld,ng or Construction Projects
for Governmental Entitles
A Deflnmons
Certificate of coverage ("cert~flcate")-A copy of a certificate of
insurance, a certificate of authonty to self-~nsure ~ssued by the
commms~on, or a coverage agreement (TWCC-81, TWCC-82,
TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entlty's
employees prowd~ng serwces on a project, for the duration of the
project
Duration of the project - ~ncludes the t~me from the beg~nmng 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" ~n
§406 096) - ~ncludes all persons or entrees performing all or part
of the serwces the contractor has undertaken to perform on the
project, regardless of whether that person contracted d~rectly with
the contractor and regardless of whether that person has
employees Th~s ~ncludes, w~thout hm~tat~on, ~ndependent
contractors, subcontractors, leasing compames, motor carriers,
owner-operators, employees of any such entity, or employees of
any entity wh,ch furmshes persons to provide serwces on the
project "Serwces" ~nclude, w~thout hm~tat~on, prowd~ng, hauhng,
or dehvenng equipment or matenals, or prowd~ng labor,
transportation, or other service related to a project "Serwces"
does not ~nclude activities unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and dehvery of
portable toilets
B The contractor shall prowde 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 prowd~ng serwces on the project, for the durat,on of
the project
Eng/BidslMASTER doc
REVISED 10/12/94 CI - 6
Insurance Requirements
Page 7
C The Contractor must provide a certificate of coverage to the
governmental entity prior to being awarded the contract
D If the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project, the
contractor must, prior to the end of the coverage per~od, file a
new certificate of coverage w~th the governmental entity showtng
that coverage has been extended
E The contractor shall obtain from each person providing services on
a project, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work
on the project, so the governmental entity w~ll have on file
certificates of coverage showing coverage for all persons
providing services on the project, and
(2) no later than seven days after receipt by the contractor, a
new certificate of coverage showing extension of coverage, ~f ·
the coverage per~od shown on the current certificate of
coverage ends during the duration of the project
F The contractor shall retain all required certificates of coverage for
the duration of the project and for one year thereafter
G The contractor shall not~fy the governmental entity ~n writing by
certified mall or personal dehvery, w~thln 10 days after the
contractor knew or should have known, of any change that
mater~ally affects the provision of coverage of any person
providing serwces on the project
H The contractor shall post on each project s~te a not~ce, ~n the text,
form and manner prescribed by the Texas Workers' Compensation
Commms~on, ~nformlng all persons providing serwces on the
project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage
Eng/Bida/MASTER doc
REVISED 10/12/94 C~ - 7
Insurance Requirement s
Page 8
The contractor shall contractually require each person w~th whom
It contracts to provide services on a project, to
(1) provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of
Texas Labor Code, Section 401 011(44) for all of ~ts
employees providing services on the project, for the duration
of the project,
(2) provide to the contractor, prior to that person begmmng work
on the project, a certificate of coverage showing that
coverage ~s being prowded for all employees of the person
prowdmg services on the project, for the duration of the
project,
(3) provide the contractor, prior to the end of the coverage
per~od, a new certificate of coverage showing extension of
coverage, ~f the coverage per~od shown on the current
certificate of coverage ends during the duration of the
project,
(4) obtain from each other person w~th whom ~t contracts, and
provide 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 show~ng extension of
coverage, prior to the end of the coverage per~od, ~f the
coverage period shown on the current certificate of
coverage ends during the duration of the project,
(5) retain all required certificates of coverage on file for the
duration of the project and for one year thereafter,
(6) notify the governmental entity ~n writing by certified mall or
personal delivery, w~th~n 10 days after the person knew or
should have known, of any change that matermlly affects the
prowslon of coverage of any person prowdmg services on the
project, and
Eng/Bids/MASTER doc
REVISED 10/12/94 CI - 8
Insurance Requirements
Pa~e 9
(7) contractually requ,re each person w~th whom ~t contracts, to
perform as required by paragraphs (1) (7), with the
certlf,cates of coverage to be provided to the person for
whom they are prowd,ng serwces
J By s~gmng this contract or prowd~ng or causing to be provided a
cert~f,cate of coverage, the contractor ~s represent,ng to the
governmental entity that all employees of the contractor who w~ll
prowde serv,ces on the project wall be covered by workers'
compensation coverage for the duration of the project, that the
coverage w~ll be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements w~ll be filed
with the appropriate ~nsurance caruer or, m the case of a self-
~nsured, with the commission's Diws~on of Self-Insurance
Regulation Providing false or m~sleadmg ~nformat~on may subject
the contractor to adm~mstrat~ve penalties, crTmlnal penalties, c~v~l
penalties, or other clwl actions
K The contractor's failure to comply w~th any of these provisions ~s a
breach of contract by the contractor which ent~tles the
governmental entity to declare the contract void if the contractor
does not remedy the breach w~th~n ten days after receipt of not~ce
of breach from the governmental entity
Eng/B~dalMASTER doc
REVISED 10/12/94 Gl - 9
1 DOCUMENT 00300
3 BID FORM
$
6
S (N~me of B~d&r)~
9
11
13
14
15 D~r &r
16
19 ~]abdny of m~en~ ~d hbo~, ~ereby propos~ to ~rmsh dl l~or, ~n~, ~
20 equtpm~t required for ~t~sl Co r, stmc~on of ~e Addmom snd R~ovatmn to Denm
~ ~d Nonh ~,R~on t ~t~s, Bid ~2287 for the City of Denton, Denton, Text, m
2~ ~cord~ withD~ngs ~d Proll~ M~u~ prepged by Cor~ Assoaates, Inc, for the
lump sum BASE. B~o~tof. ~ ., . / ~. ~ ~.~_.
24 _~,~/,o~ ~ ~ ~ ~, ,-- ~
26
2S
29 NOTE Amoum sh~l be s~n m both wor& md fi~res h~ ~e of &~rep~,
50 amount shown m w~ a; sh~l ~overn Above ~ount does not include Sra~ of
31 Texm S~ Tax .~ P eno~on T~
32
34 w~m ~a~n~, r~l~ Manual, ~ A~enda md ~ no cim,~ ~dl be m~ on accouut of
35 ~y mcre~ m ~ ~, n~t~ ~ ~n~, r~s, lmurm~, cc ,; l~&xes, or my o~er
36 ~mg const~on md~r~ e e th:s
3g Un&rsl~ b~r~ t~r fha bid ,h~l be iood ~d may nor be withdrawn for a period
39 of 60 ~n~ days ~r s~ed dosing t~e~or r~lvmg
40
41 Un&m~ed bld&r ~r~m& that the Owner rese~es nght to rej~ my or dl bi& ~d to
42 w~ve ~y mform~ m
43
44 The m~s~l b~d~'s bid ~Tarlty ~ dl be r~mned un~ the contra~ h~ been ~e~rec ~d
45 pl~m md ~dormm~ bon~ [mv~ been ~d md ~lvei~ ~e ~n~ r~*s the
46 n~r to r~ ~e se~rl~ ot the ac.= two lower biders umll the tow~ bider ~r~s toro
47 ~nr~ or ~ ~ da~ ~r bid oi~e~g, w~ever com~ fix ~ AH other bid sec~lu~
48 be r~rn~ ~ ~on m pr~cable
49
50 The O~er r~e~ n~ ro re~ ,sre bon~ from m~l big Jet H wn~ notl~ of
51 a~pt~ce of ~s b~'ls ~v~g w~&a ~ &ys ~er &~ ~sig~t~ for opemg of
52 ~&l~ wlt~ 10 d~ o, r~ce,tt of tM Conw~, wdl s~g and &hver ro the Owner
53 Conta~ reqmrM Pefforma.ce B~.,a L~bor ~d Maten~ Payment Bond, Cemfi~te of
19 October 1998 00300 - 1 CAI 98066 00
2 -
6
9 Or~amzed as a. (Mark one)
10
11 Proprietorship
12
13 Partners~p
15 Co~oracson
16
17 Under the la~ of ~ fitat¢ Of
18
19 Leg~ Ad'ess ~
2Z
2~
29 ~ Bid ~s by a ~omuon, ~= ~ ~ove address
~0
E~ OF DOC~
19 O~tober lc)gB 00300 - 4 CAI 98066 00