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1997-286 ORDINANCE NO q~-~'~ ~O AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty has sohclted, recmved and tabulated competitive Nds for the constructaon of pubhc works or ~mprovements m accordance wath the procedures of STATE law and C~ty ordananees, and WHEREAS, the Caty Manager or a desagnated employee has recexved and recommended that the here~n described Nds are the lowest responsible Nds for the construction of the pubhc works or ~mprovements described an the bad mvttataon, Nd proposals and plans and specfficatmns thereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SRCTION I That the following competitive Nds for the constructaon of pubhc works or ~mprovements, as described m the "Bid Inwtataons", "B~d Proposals" or plans and speclficatmns on file an the Office of the C~ty's Purchasing Agent filed according to the Nd number assigned hereto, are hereby accepted and approved as being the lowest responsible Nds BID NUMBER ~ AMOI INT 2089 MID-STATE UTILITIES~ INC. $142~424.00 SECTION II That the acceptance and approval of the above competitive bads shall not constitute a contract between the Caty and the person submitting the Nd for construction of such pubhc works or amprovements herein accepted and approved, tmtd such person shall comply wath all reqmrements specffied an the Notme to Badders ~ncludmg the t~mely execuUon of a written contract and furmshmg of performance and payment bonds, and ~nsurance certfficate after notfficat~on of the award of the Nd 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 w~th the Nds accepted and approved herean, provided that such contracts are made an accordance wath the Notace to B~dders and Bad Proposals, and documents relating thereto spemfylng the terms, conditions, plans and specifications, standards, quantities and specified sums contmned there~n 3. SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized heroin, the C~ty Council hereby anthonzes the expenditure of funds ~n the manner and ~n the amount as specified ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~,.~day of ~~,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE SEPTEMBER23, 1997 CITY COUNCIL REPORT TO Mayor and Members of the C~ty Council FROM Kathy DuBose, Assistant C~ty Manager of Finance SUBJECT MANHOLE REHABILITATION PROJECT RECOMMENDATION: We recommend thru b~d be awarded to the low b~dder, M~d-State Utlhtles, In¢, m the amount of $142 424 00 SUMMARY: Tbas b~d is for all labor and materials necessary m hmng emst~ng water/wastewater manholes throughout the system (apprommately 959 vertical feet) These manholes will be hned vath a (3)-layered eomposmon hner system hmng these manholes will extend their hfe and structural stability and ~s more cost effective than mstalhng new manholes Four b~d proposals were received m response to eighty-three notices mmled to vendors PROGRAM~q.. DEPARTMENTS OR GROUP~q AFFECTED: Water/Wastewater F~eld Services, Water/Wastewater Utthtles, Cmzens of Denton F~ Budgeted funds for 1997 Manhole Rehabthtat~on Account #625-082-0471- V704-9114 Attachments Tabulation Sheet Pubh¢ Utility Minutes Recommending Approval Respectfully submitted Kath l: .a dte Assistant C~ty Manager of Finance Prepared by Name D,mse Harpool ~ T~tle S~mor Buyer Approved Name Tom D Shaw, C P M T~tle Purchasing Agent 936 AGENDA 3 Teenie's lac Mid-State Suncoast Southwestern BID NAME MANHOLEpRoJEcTREHABILITATION Utdities Environmental Packing & Seal OPEN DATE 8-21-97 TOTAL BID AWARD $193,300 00 ~$.142,424 00 $313,981 25 $_2~24,034 00 BOND? Yes Yes No Yes AGI~NDA ITEM 3. CONSIDER APPROVAL O1= BID NO 2089 IN THI/AMOUNT OF $142,424 00 I~OR 1997 MANHOLE R~HABILITATION PRO~ECT Ifil Jordan~ Interim Dtrector of Water Utiht~as, recommended awarding gus contract to M~d-Stato Utflltias in the amount of $142,424.00 durtnl her presentation on the manhole mhabd~tation project Chahl~an Hopkins explained tll~s was part of the ~nflow project. After discussion Board Member Norton moved to acc~t Utthty staff recommendation. Board Member Newell seconded the motion. It was tmammously passel by the board. 5 CONTRACT AGi ] MENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 23 day of SEPTEMBER A.D., 19 97 , by and between CITY QF DENTON of the County of ... DENTON and State of Texas, acting through TED BENAVT~ thereunto duly authorized so to do, hereinafter termed "OWNER," and MI~-RTAT~ UTILITIES, IN~? P.O. B~X 1160 WAC~. TX 76703-116Q of the City of WACO , County of MCLENNAN and State of TEXAS , hereinafter termed "CONTI~ACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work spec~fied below: B~D ~ 2089 - MANHOLE REHABILITATION PROJECT in the amount of ~142~424.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish ell 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 ConditLons, 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 CITY OF DENTON WATER/WASTEWATER ENGINEERING STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Statqw It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker,s compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invltees, and other persons for whom it is legally liable, w~th regard to the performance of thisAgreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and VeDue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of th~s contract, such payments to be sub]eot to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, ~he parties of ~he~e presents have executed this agreement in the year and day first above writ~ten.~// ATTEST: ATTEST: ' ~-~k CONT~,CTOR u M~ILING .M~DR'e.S S PHONE N~B~ ~ ~B~ PRINTED N~E / AAA0184D Rev. 04/0S/96 CA - 3 THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That MID-STATE UTILITIES INC, whose address is P.O. BOX 1160, WACO, TX 76703-1160, hereinafter called Pnnclpal, and AMERIP. AI',,I lU~TIr~,AL Fl,~' .,.~,. ...... . $,9prporation organized and existing under the laws of the State c{f-;l;g~S, an~t t~Eall~"~u~ogl~['arto~sact buslnass m the State of Texas, as Surety, are held and firmly' bound unto the City of Denton, a mummpal corporauon orgamzed and exastmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish matenals for, or perform labor upon, the bmldlng or improvements hereinafter referred to, in the penal sum of ONE HUNDRED FORTY TWO THOUSAND FOUR HUNDRED TWENTY FOUR and no/100-- ($142,424.00) in lawful money of the Umted States, to be pad in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond shall automaUcally be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract price, but in no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-286, w~th the City of Denton, the Owner, dated the 23 day of September, A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2089 -- MANHOLE REHABILITATION 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 m the prosecution of the Work provided for in smd Contract and any and all duly authorized modifications of smd Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remmn 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 smd Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Conlract, or to the Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall in anywise affect its obligation on this Bond, and ~t 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 - Pa~e 1 This Bond is given pursuant to the provmons 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 m hereby designated by the Surety hereto as the Resident Agent m DENTON County to whom any reqmmte notices may be dehvered and on whom servme of process may be had m matters arising out of such suretysbap, as prowded by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this msmtment ~s executed in 4 copies, each one of whmh shall be deemed an original, tbas the 23 day of September, 1997 ATTEST PRINCIPAL SECRET~ PRESIDENT~ ATTEST SURETY AMERICAN NATIONAL FIRE INSURANCE CO. · yA ~r.,r 6R~j/~y2 IN2 F A~2 ~r The Resident Agent of the S~ in D~nton Co~, T~ for d~hwu of noUce ~d se~ce ot~e process IS a ., A __ ~ ~ ~ ST~ET~t~ ' g~d~ ~f ~~es~nt [~ota co~oraUon, g~ve a person's n~e ) PAYMENT BOND - Page 2 PERFORMANCE MOND THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That MID-STATE UTILITIES, INC, whose address is PO BOX 1160, WACO, TX 76703-1160, hereinafter called Pnnclpal, and AMERICAN NATIONAL FIRE INSURANCE ~rporation organized 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 mumclpal corporation orgamzed and exlsung under the laws of thc State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED FORTY TWO THOUSAND FOUR HUNDRED TWENTY FOUR NO/100-- DOLLARS ($142,424 00) plus 10 percent of the stated penal sum as an additional sum of money representing adchtlonal court expenses, attorneys' fees, and hqmdated damages arising out of or con- nected w~th the below ldentffied Contract, in lawful money of the United States, to bc paid in Denton County, Texas, for the payment of winch sum well and truly to be made, wc hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by thc amount of any Change Order or Supplemental Agreement wluch increases the Contract price, but in no event shall a Change Order or Supplemental Agreement wtuch reduces the Contract pncc decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME ts conditioned as follows Whereas, the Principal entered into a certmn Contract, ldentafied by Ordinance Number 97-286, with the City of Denton, the Owner, dated the 23 day of September A D 1997, a copy ofwbaeh is hereto attached and made a part hereof, for BID # 2089 -- MANHOLE REHABILITATION PROJECT. NOW, THEREFORE, if the Pnnaipal shall well, truly and faithfully perform and fulfill all of the undertaFangs, covenants, terms, eon&tlons and agreements of said Contract in accordance w~th the Plans, SpecfficaUons and Contract Documents dunng the original term thereof and any extension thereof wluch may be granted by the Owner, with or without notice to the Surety, and dunng the life of any guaranty or warranty reqmred under flus Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modlfieataons of said Contract that may hereafter be made, noUce of wbach modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanslup 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 Prmeipal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense whtch the Owner may incur la makdng good any default or deficiency, then this obligation shall be void, otherwse, it shall remain in full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that afany legal actaon be filed upon ttus Bond, exclusive venue shall he m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value receaved, hereby sUpulates and agrees that no change, extension of tune, alteration or adtht~on to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specaficataons, Drawings, etc, accompanyang the same, shall m anywise affect ars obhgaUon on flus Bond, and at does hereby wmve not,ce of any such change, extensaon of tame, alterataon or ad&tton to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficataons, Drawings, etc Thts Bond as gaven pursuant to the provmons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersagned and desagnated agent as hereby destgnated by the Surety herein as the Resident Agent m DENTON County to whom any reqmsate notices may be delivered and on whom service of process may be had m matters arising out of such suretystup, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Clvd Statutes of the State of Texas IN WITNESS WHEREOF, tins instrument ts executed in 4 copaes, each one of whmh shall be deemed an original, thas the 23 day of September, 1997 ATTEST PRINCIPAL ~ ' SEQ'R~I~ARY C~ PREgf'I~ENT ATTEST SURETY · '~/AT~6RNg'Y-- I~ - F AC-'-T The Resident Agent of the Surety tn Denton County, Texas for dehvery of notme and service of the STREET := d ooZnd ate ont n? ent (N '- corporation, give a persnn's name ) PERFORMANCE BOND - Pa~e 2 AIVERIC- NATIOI M. RRE INSURANCE ¢33MPANY New York, New York Adm~nrstratlve Offioe 680 WALNUT STREET * CINCINNATI OHIO 45202 * 513-369-E000 * FAX 513-723-2740 The number of persons authorized by this power of attorney 1~ not more than No 0 ]-61'['7 FIVE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporatmn organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorne~,-m-fact, for it and in its name place and stead to execute in behalf of the said Company, as surety anyanda bonds, undertakmgs and contracts ot suretyship, or other wrRten obhgations m the nature thereof providadthatthehabihtyofthesaid Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below Name Address Ltm~t of Power CHAMPE FITZHUGH, JR. R.J. REYNOLDS ALL OF PAT EBARB JEAN REYNOLDS T~%CO, TED.S UNLIPu.'J.'~U JAMIE IRVIN This Power of Attorney revokes all previous powers issued m behalf of the attorney(s)-m-fact named above IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 28f. h day of C~to]:~_.r 19 96 Attest ~- AMERICAN NATIONAL FIRE INSURANCE COMPANY STATE OF OHIO, COU~¥ OF ~AMIL~ON -- ss Onthis 28~'-h dayof OctoPi', 1996 , before me personally appeared GARY T DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of American National Fire Insurance Company, the Company described m and which executed the above instrument, that he knows the seal that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority /"' ~" MAUREEN DOUGHERTY No~uy Pubgc. State of O~do This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of American Nat~on~ F~re Insurance Company by unammous written consent dated July 27, 1995 RESOLVED That the D~v~s~on President the s~veral D~ws~on Vtce P~s~dents and Assistant Vtce Prestdents, or any one of them, ~ and h~by ~s auth~mz~ ~r~m t~m~ t~ t~m~ t~ app~mt ~ne ~r m~ Att~rneys-~n-Fact t~ execut~ ~ b~ha~ ~ th~ C~mpany ~ so~ty, ~ y and aH bonds, undert~mgs and contracts of su~tysb]p, or other written obhgattons m the nature thereo~ to prescm~ there respective duties and the ~spectxve hm~ts of their authority, and to ~voke any such appointment at any t~me RESOLVED FUR THER That the Comply scm ~d the s~gnature of any of the Moresa~d officers and any Sec~tary or Assistant Secretly of the Company may be ~xed by facsimile to ~y power of attorney or ce~ficate of etther g~ven for the executma of any bond, undeHakmg, contract or su~tysh~p, or other wmtten obhgatmn m the natu~ the~o~ such s~gnature and scm wheo so used being hereby adopted by the Company ~ the omgmM sJgnature of such o[~cer and the ongmM scm of the Company, to be vahd and binding upon the Comply with the s~e force and effect ~ though ma~uMly ~xed CERTIFICATION 1, RONALD C HAYES, Assistant Secretary of American National F~re Insurance Company, do hereby certdy that the foregmng Power of Attorney and the Resolutions of the Board of Directors of July 27 1995 have not been revoked and are now m full force and effect Signed and sealed th[s 23cd day of September 19 97 r= ' .,wv ,..iNSURANC ACORD. C iPiCATE O I I BI SR s; DATE,MM,CC , IDem-2 09/30/97 ~RODUCEN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fztzhugh & CO Insurance Agenay HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 209 ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW Weco TX 76703-0209 COMPANIES AFFORDING COVERAGE Ralph J Reynolds COMPANY Ph0neNo 254-754-3553 FaxNo 254--754--3852 A Transcontinental Ins Co INSURED COMPANY B Continental Casualty COMPANY M~d State Utilities, Ina C Transportation Ins Co P O Box 1160 COMPANY Waco TX 76703 D THIB IS TO CERTIFY THAT THE POLICIES OF INBURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOllNITHSTAND~NG ANY REQUIREMENT TERM OR CONDITION DP ANY CONTRACT OR OTHER DOCUMENT WITH REBPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INEURANCE AFFORDED BY THE POLICIEB DEECRIBED HEREIN IS BUBJECT TO ALL THE TERMS EXCLU$10NE AND CONDITIONS OF SUCH POLICIES LIMITS SI{OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION CO TYPE OF INBURANDB POLICY NUMBER LIMITS LTR DATE {MMIDD/YY) DATE (MMIDDWY} GENERAL LIABILITY }ENERAL AGGREGATE $ 2 ~ 0 0 0 ~ 0 0 0 A X COMMERClALGENERALLIABIMTY C134919790 09/19/97 09/19/98 PRODUCT8 COMPIOPAGO S2;000~.000 I CLAIME MACE [ X~ OCCUR PERBONAL & ADV INJURY S it000,000 OWNER B & CONTRACTOR S PROT EACH OCCURRENCE $ 1 f 000 f 000 FIRE DAMAGE (Any one tim) $ 50 t 000 MED EXP (Any one person) $ .~ f 000 AU__~MOBILE LrABILITY COMBINED DINGLE LIMIT $ i ~ 000; 000 B X ANY AUTO C134919787 09/19/97 09/19/98 __ ALL OWNED AUTO8 BODILY INJURY $ SCHEDULED AUTOS (Per pemon) __~- HIRED AUTOS BODILY INJURY X NON-OWNED AUTOE Per accident} -- PROPERS' DAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESE UABIMTY EACH OCCURRENCE $ ~ ! 0 0 0 ~, 0 0 0 B X~ UMBRELLA FORM C134919823 09/19/97 09/19/98 AOORBGATa $ / OTHER THAN UMBREI~LA FORM WC TATU OTH WORKERS COMPENSATION AND ITo~ LIMIT8 I I ER EMPLOYERS MABIL[TY EL EACH ACCIDENT $ 500 ~ 000 C THE PROPRIETOR/ [~INCL WC1034905565 09/19/97 09/19/98 ELDIEEASE POLICY LIMIT $500~,000 PARTNBREIEXECUTIVE OFFICERS ARE EXOL EL DISEASE EA EMPLOYEE $ 500 ! 000 OTHER A Install/Builders R C134919806 09/19/97 09/19/98 BE Manhole Rehabilitation Pro.eot C~.~y of Denton, 1ts Offlc~als, Agents, Employees & Volunteers a~e nameG as addlE[Dna1 ~nsureds on all policies excep= Workers Compensation ATTN Purahes~ng Dept 901B Texas Street OFANYKINDUPONTHECOMPANYIT~AOENTBORREPRE~ENTATlVEB Denton TX 76201 AUTHORIZEDREPREBENTATIVE Ralph J Reynolds ~ ©ACORD OORPORATION 1988 ~CORD 25~ (1195) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS B,dder'$ attention is directed to the Insurance requirements below It is h,ghly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements aa prescribed and provided herein. If an apparent Iow bidder fails to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: W~thout hm~flng any of the other obhgatzons or hab~l~t~es of the Contractor, the Contractor shall prowde and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the mlmmum insurance coverage as ~nd~cated hereinafter As soon as practicable after notification of b,d award, Contractor shall f.le w~th the Purchasing Department satisfactory certificates of insurance, containing the b~d number and title of the project Contractor may, upon wntten request to the Purchasing Department, ask for clarification of any insurance reqmrements at any t,me, however, Contractors are strongly adwsed to make such requests prior to b~d opening, s~nce the ~nsurance requirements may not be modified or wmved after b~d opening unless a written exception has been submitted w~th the b~d. Contractor shall not commence any work or dehver any material untd he or she receives notification that the contract has been accepted, approved, and sIgned by the City of Denton All ~nsurance pohc~es proposed or obtained tn satisfaction of these requirements shall comply w~th the following general specifications, and shall be maintained m compliance w~th these general specifications throughout the duration of the Contract, or longer, ~f so noted · Each pohc¥ shall be ~ssued by a company authorized to do buszness 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 ,n the b~d proposal If requested by the C~t¥, the insurer shall reduce or ehm~nate such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts AAA00350 .~wsEo ~o~2~4 CI - 1 Insurance Requ,rements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · LIability policies shall be endorsed to provide the following. · · Name as additional insured the City of Denton, ~ts Officials, Agents, Employees and volunteers. · · That such insurance is primary to any other insurance available to the additional insured w~th respect to claims covered under the pohcy and that this ~nsurance apphes separately to each ,nsured against whom claim ~s made or su~t ~s brought. The inclusion of more than one insured shall not operate to increase the ~nsurer's limit of Ilab~hty · All pohc~es shall be endorsed to prowde thirty(30) days prior written not~ce of cancellation, non-renewal or reduction an coverage · Should any of the required ~nsurance be provided 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 ans,ng dunng the contract term which give rise to claims made after expiration of the contract shall be covered · Should any of the required insurance be prowded under a form of coverage that ~ncludes a general annual aggregate limit providing for claims investigation or legal defense costs to be ~ncluded ~n the general annual aggregate I,m~t, the contractor shall e~ther double the occurrence hm~ts or obtain Owners and Contractors Protect,v· Liab~hty Insurance. · Should any required insurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed unt~l the C~ty receives satisfactory evidence of reinstated coverage as required by th~s contract, effective as of the lapse date If insurance ~s not re,nstated, C,ty may, at ~ts sole option, terminate this agreement effective on the date of the lapse AAA00360 .~v,sEo ~o/~=~4 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurence policies proposed or obtained in satisfact~on of this Contract shall additionally comply with the following marked spemfications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [][] A. General Liability Insurance: General Liab;lity insurance w;th combined single I;m~ts of not less than Sz,oo0,ooo.oo shall be prowded and ma;nta~ned by the contractor. The pohcy shall be written on an occurrence basts either ~n a s;ngle pol;cy or ~n a combination of underlying and umbrella or excess pohc;es If the Commermal General L~ab~hty form (ISO Form CG 0001 current edition) is used · Coverage A shall ~nclude premises, operat;ons, products, and completed operat;ons, ~ndependent contractors, contractual liab~hW covering th~s contract and broad form property damage coverage · Coverage B shall include personal injury. · Coverage C, medical payments, ~s not required If the Comprehensive General L;ab~l;ty form (ISO Form GL 0002 Current Edit;on and ISO Form GL 0404) ,s used, ~t shall include at least' · Bodily ~njury and Property Damage Llab~hty for premises, operations, products and completed operations, independent contractors and property damage result;ng from explosion, collapse or underground (XCU) exposures · Broad form contractual liabihty (preferably by endorsement) covering th~s contract, personal injury habd~ty and broad form property damage liability AAA003$0 3 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance w~th Combined Single Limits (CSL) of not less than St,0°°,0°°-°°either ~n a s~ngle pohcy or In a combination of basic and umbrella or excess policies. The pohcy will include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be m the form of a pohcy endorsement for' any auto, or all owned, hired and non-owned autos Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addit~on to meeting the mlmmum statutory requirements for ~ssuance of such ~nsurance, has Employer's Liabihty I,m~ts of at least $100,000 for each acc;dent, $100,000 per each employee, and a $500,000 pohcy limit for occupational disease. The City need not be named as an "Add~tional Insured" but the ,nsurer shall agree to waive all r~ghts of subrogat;on against the C~ty, its officials, agents, employees and volunteers for any work performed for the C;ty by the Named Insured. For building or construction projects, the Contractor shall comply with the prows~ons of Attachment 1 ~n accordance w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all t~mes dunng the prosecution of the work under th~s contract, an Owner's and Contractor's Protective Liab~hty ~nsurence policy naming the City as ~nsured for property damage and bodily Injury wh,ch may anse ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA0~360 REVISED 10112/94 CJ - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shell be issued by the same insurance company that carries the contractor's liabihty insurance Policy limits w~ll be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage ~s required if Broad form General Liab~hty ~s not provided or ~s unavailable to the contractor or ~f a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional llab~hty ~nsurance w~th hm~ts not less than per claim with respect to negligent acts, errors or omissions ~n connection w~th professional servmes ~s required under this Agreement [ ] Bu,lders' Risk Insurance Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be provided Such pohc¥ shall ~nclude as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be requ,red on an ,nd~v~dual bas~s for extra hazardous contracts and specific serwce agreements If such additional insurance ~s requ~rad for a specific contract, that requirement w~ll be described ~n the "Specific Condit~ons" of the contract specifications AAAO0350 REVISED 10/12194 CI - 5 Insurance Requirements Page 6 AI'rACHMENT I Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A. Definitions: Certificate of coverage ("certlficate")-A copy of a certificate of insurance, a certificate of authority to self-~nsure issued by the commission, or a coverage agreement (TWCC-81, TVVCC-82, 'I'VVCC-83, or 'I%VCC-84), showing statutory workers' compensation ,nsurance coverage for the person's or entlty's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beglnmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This ~ncludes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provade services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other servace related to a project. "Services" does not include actlwtles unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor providing services on the project, for the duration of the project. AAAO0360 flEVISED 10112/94 Gl ' 6 Insurance Requirements Page 7 C. The Contractor must prov,de a certificate of coverage to the governmental entity prior to being awarded the contract. O. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowd~ng serwces 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 will have on file cert~flca{es of coverage showing coverage for all persons prowdmg serv,ces 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 penod shown on the current certificate of coverage ends dunng the duration of the project F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity ~n writing by certified mini or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the prows~on of coverage of any person prowding serv,ces on the project H The contractor shall post on each project site a notice, ~n the text, form and manner prescnbed by the Texas Workers' Compensation Commission, ~nforming all persons prov,dmg serwces on the project that they are required to be covered, and stating how a person may venfy coverage and report lack of coverage. AAA00360 ~'v,s~o ~o/~2/.4 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person w,th whom ~t 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 Its employees providing services on the prolect. for the duration of the project; (2) prov,de to the contractor, pr,or to that person beginning work on the project, a certificats of coverage show,ng that coverage Is be,ng prov,ded for all employees of the person prov,ding services on the project, for the duration of the project. (3) provide the contractor, prior to the end of the coverage per,od, s new certificate of coverage showing extension of coverage. ,f the coverage period 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 prov,de to the contractor (a) a certificate of coverage, pr, or to the other person beg,nmng work on the project; and (b) a new certificate of coverage showing extens,on of coverage, prior to the end of the coverage period, if the coverage penod shown on the current certificate of coverage ends dunng the duration of the project; (5) rattan all requ,red certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in wnting by certified mini or personal dehvery, w,thin 10 days after the person knew or should have known, of any change that materially affects the proves,on of coverage of any person prov,ding services on the project, and AAA003$0 REVISED 10/12/04 CI - 8 Insurance Requirements Page 9 (7) contractually require each person with whom ~t contracts, to perform es required by paragraphs (1) - (7), with the certificates of coverage to be prov;ded to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project w~ll be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, .n the case of a self-msurad, w;th the commission's DIv;sion of Self-Insurance Regulation Prowding false or m;sleading information may subject the contractor to admin;strative penalties, criminal penalties, civil penalties, or other c~wl actions - K. The contractor's failure to comply with any of these prowsions ~s a breach of contract by the contractor which ent~tles the governmental entity to declare the contract vo;d ~f the contractor does not remedy the breach w~thtn ten days after receipt of notice of breach from the governmental entity. AAAO0360 ~'V~SED ~o~2~4 CI 9 BID SUMMARY TOTALBIDPRICEINWORDS ~:~c~- ~)~-~ j ~2T¥- Tg~o ~-/~o~cfl Z In the event of the award of a contract to the undersigned, the undersigned will furmsh a performance bond and a paytnent bond for the full amount of the contr.act, to secur.e prope, r cotnphance with the terms and provisions of the contract, to insure ano ~gu,ara, ntee ?e ,w.orK until final completion and acceptance, and to guarantee paytnent for all lawmi cianns IOr laoor performed and materials furmshed tn the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and fimshed tn accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bId prices contained m tins proposal have been carefully checked and are submitted as correct and final Utnt and lump-sum prices as shown for each ltetn listed in thIs proposal, shall control over extensions CONTRACTOR Street Address Li~ c- Clt~ and State (If a Corporation) ~ Telephone B-1 1997 MANHOLE REHABILITATION PROJECT WORK DAYS 30 BID NO 2089 PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL WS-34 Manhole L~mng 959 VF $ / ~-,~,a~///:: } $/~.~ IC°ntract°r's Warrant~es & 1 21 understan&ngs LS Umt Price ~n Words Bamcades, Detours & 8 I Warmng Signs LS $ P-3