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1994-080
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 City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1624 DUSTROL INC. ~EXHIBIT A SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. ATTEST: JENNIFER WALTERS, CITY SECRETARY D~BR~ ~o DR~¥OVI~CH, CI~¥ ~TOR~¥ BID # 1624 BID NAME STREET MAINTENANCE DUSTROL EQUIPMENT RENTAL OPEN DATE APRIL 21, 1994 ~1 QTY- ; DESCR!~ON~ :: VENDORI EXHIBIT A 1, PER DAY IIEATER-TRUCK MOUNTED, RAUIANT $1,150.001 ItEAT, PROPANE FIRED, 12'X24' INSUlt, VI'ED I OVEN lA. EACH MOB1LI72tTION CIIARGE'FO INCLUDE $200.00 DELIVERY, & PICKUP AS WELL AS LOADING & UNLOADING AS REQUIRED 2. PER DAY HEATER SCARIFER-TRUCKMOUNT, $1,250.00 RADIANT I1E~T, PROPANE FIRED, 12'X24' INSULATED OVEN, CARBON TIPPED TEE'FI! 2A EACH MOBILIZATION CItARGE TO INCLUDE $200.00 DELIVERY, & PICKUP AS WELL AS LOADING & UNLOADING AS REQUIRED 3. PER DAY DISTRIBUTION MIXING RECYCLER-METER $1,100.00 IAQUID,(2) CARBIDE TOOTH MIXING DRUMS REVERSIBLE AUGERS, VIBRATORY SCREEN 3^ EACH MOBILIZATION CIIARGE TO INDICATE $350.00 DELIVERY, & PICKUP AS WELL AS LOADING AND UNLOADING AS REQUIRED 4. PER DAY LAYDOWNMACIIINE-BARBERGREENSA150 $1,150.001 OR EQUAL 4A EACH MOBILIZATION CIIARGE TO INCLUDE $350.00 DELIVERY & PICKUP AS WELl, AS LOADING & UNLOADING AS REQUIRED. 5. PER DAY MILLING MACIIINE - TRACKTYPE $3,750.00 CATERPILLAR 450 OR EQUAL 5A EACH MOBILIZATION CIlARGE TO INCLUDE $350,00 DELIVERY, & PICKUP AS WELL AS LOADING & UNLOADING AS REQUIRED 6. PER DAY ,IlNI-MILL - CATERPILLAR pR75 OR EQUAL $1,150.00/ WITI! 18' DRUM 6A EACH MOBILIZATION CIIARGE TO INCLUDE $150.00/ DELIVERY, & PICKUP AS WELl. AS LOADING & UNLOADING AS REQUIRED 7. PER DAY PICKUP BROOM - MOBIL TE3 OR EQUAL $B50.00I 7A EACH MOBILIZATION CliARGE TO INCLUDE $1 [~0.00 DELIVERY, & PICKUP AS WELL AS LOADING AND UNLOADING AS REOUIRED. 8. PER DAY SUPERVISORS PICKUP (NO MOBILIZATION $100.00 CHARGES) VENDOB. AGREES TO EXTEND PRICES, ~ES TERMS & CONDITIONS OE TIBS CONTRACvF TO OTIIER CITIES IN 'II1E DENTON AREA YES OR NO DATE: MAY 3, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1624 - STREET MAINTENANCE EQUIPMENT RENTAL RECOMMENDATION: We recommend this bid be awarded to Dustrol Inc. a listed on the tabulation sheet, Item 1-8. SUMMARY: This bid is for the annual contract for daily rental of street maintenance equipment. The daily rate can be prorated to portions of a day and only equipment actually needed for a project will be utilized. Dustrol Inc. is the only company to respond due to the fact that we request bids on the complete list of equipment, on an all or none basis. This "all or none" approach allows for continuity and compatability of equipment to project. Also the bid requires qualified operators for each machine and that on-site supervision be included in the daily rate. The program has been very satisfactory in the past. The City of Denton furnished materials and support staff i.e., traffic control, clean-up etc. This concept allows for utilization of equipment and operators as needed without a major investment in equipment and personnel. The bid includes a 1 year extension clause if agreed upon by both parties. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Street Maintenance, Public Works and CIP projects. FISCAL IMPACT: Funds for these services will come from budget funds, CIP Funds, and or Bond Funds. Each project will be funded from the appropriate account. As a point of reference during the past one year period the City of Denton spent approximately $230,000.00 on equipment rental from Dustrol Inc. This obviously will vary from year to year. CITY COUNCIL REPORT MAY 3, 1994 PAGE 2 OF 2 spectfully su. bmitted :. ~,' City Manager Name: Tom'D. Shaw,C.P.M. Title: Purchasing Agent m m m m z Z Z Z z Z Z g gg g o o~- o 0 0 0 0 0 0 0 STATE OF TEXAS COUNTY OF DENTON CONTRACT AGREEMENT THIS AGREEMENT, MAY THE CITY OF DENTON made and entered into this 3 A.D., 19 94 , by and between day of of the County of DENTON through LLOyD v. m~,mELL and State of Texas, acting thereunto duly authorized so to do, hereinafter termed "OWNER," and DUSTROL INC. P.O. BOX 1738~ ROANOKE~ TEXAS 76262 of the City of ROANOKE , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1624 - STREET MAINT.-'Ni~/~CE EQUIPMENT ~ENTAL SEE R~IBIT A and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 all maps, plats, 'blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. IndeDendent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the city of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, 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 and protect the city of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF DENT~N OWNER (SEAL) ATTEST: ' ! DUSTROL INC. CONTRACTOR Title D. T. Dankerl. President (SEAL) AAA0184D CA - 3 8i0 ,~' -~ i BID NAME I QPEN DATE I#~i QTY 1.: PER DAY ,1AJ E~CH : 2. PER DAY i 2A~ EACH 13A~ EACH ' 4. PER DAY ! 4A, EACH 5. PER DAY 15A~ EACH 1624 STREET MAINTENANCE EQUIPMENT RENTAL APRIL 21, 1994 DESCRIPTIQN IIEATER-TRUCK MOUNTED, RADIANT lIE. AT, PROPANE EIRED, 12'X24' INSULATED OVEN MOBILIZATION CIIARGE TO INCLUDE DELIVERY, & PICKUP .AS WELL AS LOADING & UNLOADING AS REQUIRED HEATER SCARIFER-TRUCK MOUNT, RADIANT II'EAT, PROPANE FIRED, 12'X24' INSULATED OVEN, CARBON TIPPED TEETII MOBILIZATION CILARGE TO INCLUDE DELIVERY, & PICKUP AS WF] I. AS LOADING & UNLOADING AS REQUIRED DISTRIBUTION MIXING RECYCLER-METER .IQUID,(2) CARBIDE TOOTH MIXING DRUMS, {EVERSIBLE AUGERS, VIBRATORY SCREEN MOBILIZATION CHARGE TO INDICATE DELIVERY, & PICKUP AS WELL AS LOADING AND UNLOADING AS REQUIRED LAYDOWN MACIUNE-BARBER GREEN SAI$0 OR EQUAL MOBILIZATION CILARGE TO INCLUDE DELIVERY & PICKUP AS WELL AS LOADING · & UNLOADING AS REQUIRED. MILLING MACIlINE - TRACK TYPE CATERPILLAR 450 OR EQUAL MOBILIZATION CHARGE TO INCLUDE DELIVERY, & PICKUP AS W~I.I. AS LOADING & UNLOADING AS REQUIRED 6.; PER DAY MINI-MILL - CATERPILLAR PR75 OR EQUAL~. WITII 18" DRUM EACH MOBILIZATION CIIARGE TO INCLUDE DELIVERY, & PICKUP AS WELL AS LOADING & UNLOADING AS REQUIRED PICKUP BROOM - MOBIL TE3 OR EQUAL MOBILIZATION CILARGE TO INCLUDE DELIVERY, & PICKUP AS WELL AS LOADING AND UNLOADING AS REQUIRED. SUPERVISORS PICKUP (NO MOBILIZATION VENDOR AGREES TO EXTEND PRICES, TERMS & CONDI11ONS OFTIIIS CON'IRAC'r TO OTHER CITIES IN Tile DENTON AREA YES OR NO DUSTROL VENDOR $1,150.00 $200.00 $1,250.00 $200.00 $1,100.00 $350.00 $1,150.00 $350.00 $3,750.00! $350.00! $1,150.00! $150.00; $550.00 $150.00 $100.001 .7. PER DAY ~ 7A~ EACH 8. ~ PER DAY YES EXHIBIT A CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Rid submission the availability of insurance certificates and endorse-ments as 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: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least ~ Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006BA REVISED 0g102,'93 insurance Requirements 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, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All poticies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuousty throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [x] A, General Liability Insurance: General Liability insurance with combined single limits of not less than _ z,ooo,oooshall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. · Coverage B shatl include personal injury. · Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Insurance Requirements Page 4 Ix] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ~L,_O_Q~J~_O___ either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability 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 in the form of a policy endorsement for: · any auto, or · all owned, hired and non-owned autos. Workers Compensation Insurance Contractor shall purchase and maintain 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,O00 for each accident, $100,O00 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. Insurance Requirements Page 5 [1 Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building, Limits of not less than each occurrence are required. [] Professional Liability Insurance Professional liability insurance with limits not less than with respect to negligent acts, errors or omissions in professional services is required under this Agreement. per claim connection with [] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications, AFF006BA R~VISED 08/02/9~ WILLIS CORROON CORP OF KS P. O. Box 2697 Wichita, KS 67201-2697 316-264-5311 0ustrol, Inc# P. O. Box 309 Towanda KS 67144-0309 ~~ mlUs D&~E ~~;~"-' ' --[-1 4~25~94 THIS CERTIFICATE 19 ISSUED AS A MAIl~.H OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LENSE A U. S. Fire Insurance Co. COI~ANY L~nm B St. Paul Fire & Marine Ins. co~P~+ LEnE; C St. Paul Mercury Ins. Ce. COMPANY ~m~ D e#Canc. Prevision is 30 days COMPANY LETTER e Except 10 for Non-Payt.## dmh THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C GENERAL AGGREGATE 2,000,000 Cent factual Liability KK08000344 KK08000344(OTHER THAI KK09100037-1 (TEXAS 553012452-9 5101194 5/01/94 5/01/94 5/01194 5/01/95 5/01/95 5/01/95 5/01/95 2,000,000 PROOUUTS-COMPIOP AGE. PERSONAL & ADV. iNJURY 1 ,000 ,000 EACH OCCURRENCE 1 ,000 ,000 FIRE DAMAGE (Any one tire) MED. EXPENSE (Any one person: COMBINED SINGLE S LIMIT BODILY INJURY $ (Per person) AGGREGATE STATUTORY LIMITS 50,000 5,000 1,000,000 2,000,000 2,000,000 B WVA8000704 5/01194 5101/95 EACH ACCIDENT S 500 ,000 OlSEASE-POLIC~ LIMIT S 500 ,000 OISEASE"EACH EMPLOYEE $ 500 ~000 OTHER Cert. Holder is Add'l. Insd. on Gen. Liab. & Business Auto. [Primary Endt. sppLies to Gen. Liab, only] Waiver af Subragatien spplies ta Work. Comp. ss regards Bid #1346, Street Msint, Equip. Rental ANY OF THE ASOVE DESCRISED POLICIES BE CANCELLED EBFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE C i t y o f De n t a n, T ex · s ~ LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR rches ing Agent ~ LIABIETYOFANYKINDUPONTHECOMPANY, ITSAGENTSORREPRESENTATIVES. ~U1-B Texas Street i~i[~:::: Denton, TX 76201 ~i~ AUTHORLZ~EDNIEPIRGSENTATIYE 030664000 CLIENT CONFIRMATION COPY STATE OF TEXAS COUNTY OF DENTON PERFORNDkNCE BOND Bond #P2505907 KNOW ALL MEN BY THESE PRESENTS: That , of the city of County of DENTON as PRINCIPAL, and DUSTROL INC. ROANOKE , and State of TEXAS RELIANCE NATtONA~EINDEMNITY COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of F~FTYT~OUSAND and no/100 ........... Dollars ($ 50,000.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain contract with the OWNER, dated the 3 day of MAY 19 94, for the construction of BID %1624 - STREET M~-INT=NANCE EQUIPMENT RENTAL written which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perfor~ said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Article 5160 of the Revised civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with said provisions of said Article to the same extent as if they were copied at length herein. PB - i PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 18th day of May 19 94 DUSTROL INC Principal RELIANCE NATIONAL INDEMNITY COMPANY Surety Title D.T. DankerL Preaident M Elizabeth Swinicki Title A~nrnmy-~n-Fact (SEAL) · ' ~-*The name and address of the Resident Agent of Surety is: Charles W Mclntosh Address: P 0 Box 2697 Wichita, KS 67201 Tx ke-~e'n~' Agent ~ount-ersignature (SEAL) 2 Lincoln Centre, 5420 LBJ Freeway, Suite 1400, Dallas, TX 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 REliANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY · RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE. PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized undsr the laws of the Stats of Del- aware, and that RELIANCE INSURANCE COMPANY end UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that REMANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized undsr the laws of the Stets of Wisconsin (herein onileoflveiy called "the Companiss") and that thc Companiss by virtus of signature and seals do hereby make, oonstituts and appoint David W. DaUrer. Donald D. Dautlch. Robsrt H. Curry. Mark R. DaWitt. Wi]me A. Flattsry. M. Elizabeth Swlnleki., of Wie. Jlita. Kenlae their true and lawful Attornsy(s)-in-Faot, to make, execute, seal and deliver for and on their behalf, and ae their act and dsed any and ell bonds end undertsk|nga of suretyship and to bind the Companies thereby ss fulfy and to the same extant as if such bonds and undertakings and other writings obligatory in the naturs thereof ware signed by an Executive Officer of thc Companies and sealnd and attested by one othsr of such officers, and hereby ratifiss and confirms all that their said Attomey(s)-in-Fact may do in pursuance hsreof. This Powsr of Attorney is granted under and by thc authority of Artinis VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full forcs and sffsct, rending as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the Prssidsnt, the Chairman of the Board. any Senior Vita Prssidsnt, any Vice Presidsnt or Assistant Vies Presidsnt or other officsr dseignated by the Board of Dire©tots shall have powsr and authority to (a), eppnint Attornay(e)-in-Feet and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and othsr writings obligatory in thc nature thsrsof, and (b) to rsmove any such Attorney{s)-in-Fact at any rims and rsvoks the powsr and authority givsn to them. 2. Artorney(s)-in-Faot shall have powsr and authority, subject to tha terms and limitations of the Power of Attorney issued to tham, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the naturs thereof. The corporats saei is not necessary for the validity of any bonds and undertakings, recognizances, contrasts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Feot shall havs powsr and authority to axecute affidavits rsquirsd to be attached to bonds, recognizenoss, contracts of indemnity or othsr conditional or obligatory undertakings and they shall also hays power and authority to certify the financial ctatemsnt of the Company and to copies of the By-Lows of the Company or any article or section thereof. This Power of Attorney is signed and scaled by facsimile under and by authority of the following rssolution adopted by the Executivs and Finance Committees of the Boards of Dlrsctors of Rniiancs Insurance Company, United Pacific Insurance Company and Reliance National indemnity Company by Unanimous Consent dated as of February 29, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Conssnt dated ae of March 31, 1994. "Resolved that the signatures of such directors and officers end the seei of the Company may be affixed to any such Powsr of Attorney or any certificates relating thersto by facsimile, and any such Power of Attorney or oertificats basting such facsimile signaturss or facsimile seei shall be valid and binding upon the Company and any such Power so executed and certified by fee- simile signatures and facsimile seal shell be valid end binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies hevs caused thess presents to be signed and their corporate seels to be hereto affixed, this April 1, 1994. STATE OF Pennsylvania COUNTY OF Philadelphia RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, April 1, 1994, bsfors ms, Valencia Wortham, personally appeared Chedes B. Schmalz, who acknowledged himself to be the Executive Vies Presidsnt of the Reliance Surety Company, and the Vies Prssidsnt of Reliance Insurancs Company, United Pacific insurance Company, and Reliance National indemnity Company and that as such. being authorized to do so, exeoutsd the foregoing instrument for the pulpoee thsrein contained by signing the name of the corporation by himsslf as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal NOTARIAL SEAL VALENGJA WORTHAM. Nota~ Public City of phlladet~nt~ Pl~l& County My Cfommis,~lon Exph'es .Npv, 18. 1996 Notary Public in and for the Stets of Pennsylvania Rssiding at Philadelphia I, Anita 7;ppart, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL iNDEMNITY COMPANY do hereby certify that the above and foregoing iea true and correct copy of thc Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I havs hereunto set my hand and affixed the seels of acid Companies this ]-ar-a~aV of Ma~Z 19 9/-4 . CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below.. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse-ments as 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: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification · that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006BA REVISED 08/02/93 C~ - 1 insurance Requirements 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, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AFF006BA CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ z.ooo.ooo shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. · Coverage B shall include personal injury. · Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AFFOO6BA R~VISED 08102193 CI - 3 Insurance Requirements Page 4 Ix] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than z,ooo,ooo either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability 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 in the form of a policy endorsement for: · any auto, or · all owned, hired and non-owned autos. Workers Compensation Insurance Contractor shall purchase and maintain 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 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with e aggregate. Insurance Requirements Page 5 [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than with respect to negligent acts, errors or omissions in professional services is required under this Agreement, per claim connection with [ ] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. o, I