1992-016 ORDINANCE NO ~
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 ANEFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated com-
petitive 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 receiv-
ed and recoI~nended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, bid proposals and plans
and specifications therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ECTION I That the following competitive b~ds for the con-
struction 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 be-
lng the lowest responsible bids
~ CONTRACTOR ~OUNT
1321 Southwest Industrial
Constructors, Inc $24,203 00
SECTION II That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification 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 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 Propos-
als, and documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied sums contained therein
~ That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works a~d improvements as authorized herein, the City Council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto
~ECTION V That this ordinance shall become effective im-
mediately upon its passage and approval
PASSED AND APPROVED this th~__~day of ~,1992
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRO~D AS~TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
DATE January 21, 1992
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT BID #1321 - CONCRETE FOUNDATION FOR ARCO SUBSTATION
RECOF~4ENDATION We recommend this bad be awarded to the low
bidder Southwest Industrial Constructors, Inc in the amount of
$24,203 00
SUMMARY This bid is for all labor and materials to construct a
concrete foundation for the Arco Substation Southwest
Industrial Constructors was the lowest of six bidders
BACKGROUND Tabulation Sheet, PUB Meeting M~nutes January 15,
1992
PROGRAMS~ DEPARTMENT OR GROUPS AFFECTED Electric Substation,
Electric Utility and C~tizens of Denton
FISCAL IMPACT Funds for this project w~ll come from Electric
Bond Funds Account #612-080-RB90-F000-9217
C~ty Manager
Approved by
Title Senior Buyer
DH/ih
227 DOC
TAN-15- ~ WED 15 09 ID ITY OF DENTON UA TEL NO 817-5GG-8i~0 ~852 P01/01
Excerpt ~
Minutes of Public Utilities Board
January 15, ~992
CONSIDER APPROVAL OF LOW BID ETING SPECIFICATIONS FOR THE
13 INSTALLATION OF CONCRETE E~UIP~&T FOUNDATIONS FOR THE ARCO
SUBSTATION, BID #13~'1
n ~ the low bid of six bidders, Southwest
ted Fracly made am. otion to ..iai n the amount oi ~z~v ....... d
accep..~ t^.~ ~id of Soulhwest Indu~IIt't' i!
accept ~l~ ~,' - cl~l~lecl
by Laney All ayes, no nays, motion
.",
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~~
CONTRACT AGREEMENT
STATE OF TEXAS
)(
COUNTY OF
DENTON
)(
THIS AGREEMENT, made and entered into this -11- day of
JANUARY
A.D., 1992, by and between
THE CITY OF DENTON
of the County of
DENTON
and State of Texas, acting through
thereunto duly authorized so to do,
LLOYD V. HARRELL
hereinafter termed .OWNER,. and
SOUTHWEST INDUSTRIAL CONSTRUCTORS, 121 EXPOSITION ST. DENTON. TEXAS 76200.
of the Ci ty of
and State of
DENTON
TEXAS
, County of
DENTON
, 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 If 1321 - CONCRETE FOUNDATION FOR ARr.O STrRS1'A'T'TON in th~ ;qmmmr nf
$24,203.00.
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 all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services
necessary to complete the work specified above, in accordance with the
conditions and prices stated in the proposal attached hereto, and in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats, blueprints, and
CA-l
0114s
.-:;'
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.
Independent 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
0114s
.:r
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
(SEAL)
ATTEST:
/CaLl
SOUTHWEST INDUS
CON
NSTRUCTORS
By
LEWIS~_PRESIDENT
(SEAL)
'"
.~.
-~
- ~
APPROVED AS TO FORM:
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o ,,", yv-. ~
i Attorney
::
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,:;.'
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BID NUMBER 1321
Page 8 of 9
~
BID PROPOSAL
1. Material, labor, superv~s~on, tools and equipment necessary
for the construction of the concrete foundations according
to the attached plans. Estimated quantity of 91.4 cubic
yards on concrete:
Unit price $
..( t.- ~ g'v per cubic yard
..I~ ,.tv ~ . .:;> 0
Total $
Days to complete project
go
Statement of Materials and Other changes
Materials Incorporated into the Project $ /.r. ~"37. "" L>
-
All other charges $ / ( 7 t-t... p-€)
Total $ ,,/~ '?&>:3. ~ Q
The bidder submitting the lowest acceptable bid for performing
the new construction project will fill in the blanks when
executing the contract. The total bid and the total for the
statement of "Materials and Other Changes" should be the same.
l23l.DOC
SID NUMBER 1321
PAGE 9 of 9
~OTAL SID PRICE IN WORDS
/k./-~A.J-rV ,;t=7pP.A?_ r~V5AA-90 ~O ~.v>>-D~,;.)
/.. . /
,A,v 4/. .oz-A.~~ ":p~~~-:5 .
.
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond
tor the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to
insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for
labor performed and materials furnished in the fulfillment of
the contract. .
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with
the plans and specifications, to the satisfaction of the
Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as
correct and final.
'Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
..Jc>o-rNU?e~r /NP~~r"t2.y...;t:..
~o~7"/2.0<:.~Av.$ , / n-G .
CONTRACTOR .
BY
P It fJIL
II:P-
/,1/ ej,t..po~/7?O.,..) ~
Street. Address
PE'AI'7b-r1-r~. 7~ :t.C?
City and tate
Se~~ ~ Authorization
(:: a Corporation)
J5J7-?~b-/~..,q
Telephone
PERFOlUlANCE BOND
STATE OF TEXAS ) (
BOND NO. 382-1589
COUNTY OF DENTON )(
KNOW ALL MEN BY THESE PRESENTS: That SOUTH''':EST INDUSTRIAL
CONSTRUCTORS , of the City of DENTON
County of DENTON
as PRINCIPAL, and
, and State of TEXAS
UNIVERSAL SURETY OF AMERICA
, 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 TWENTY FOUR THOUSAND TWO HUNDRED AND THREE
AND not 100----------- Dollars ($ 24,203.00 ) 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
with the Ow~ER, dated the ~ day of
BID #1321 - CONCRETE FOUNDATION FOR
$24,203.00
has entered into a certain written contract
JANUARY ,19 92 for the construction of
-'
ARCO SUBSTATION in the amount of
which contract is hereby referred to and made a dpart 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 perform 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;
PE-l
Z 'd
81'15 "O~J
PROVIDED, HQWfVER, that this bond is executed pursuant to the
provi sions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it ~ere copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in DEKTO:; County, State of Texas.
Sure ty, 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 accompsnyinE
the same, fihaIl in anywise aff"ct its obligation on this bond, and :l.t does hereb}
waive notice of any such change, extenfiion of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS \o.llEREOF, the said Principal and
sealed this instrument this 28th day of January
Sure ty have signed am
, 19~,
SOUTffi,EST INDUSTRIAL CONSTRUCTORS, INC.
Principal
UNIVERSAL SURETY OF AMERICA
Surety
By [~ -~~
yJeuJ.u~;;(. ~uL
T. E. STANEK
Title VICE PRESIDENT
Pauline L. Lesch
Title Attorney-in-Fact
Address
Address
P. O. Box 1150
Lewisville, TX 75067 '
121 Exposition
Denton, TX 76205
.......~
( SEAL)
(SEAL)
The name and address of the Resident Agent of Surety ia:
PCL INSURANCE AGENCY, INC.
206 Elm St., #105, Lewisville, TX 75057
NOTE: Date of Bond must not be prior to date of Contract.
PB-2
009~b
., ~" 1
PA)11ENT BOND
STATE OF TEXAS
)(
BOND NO. 382-1589
COUNTY OF
DENTON
)(
KNOW AU HEN BY THESE PRESENTS: That SOUTHl,EST DIDUSTRIAL
CONSTRUCTORS
of t he City of
DENTOi\
UNIVERSAL SURETY OF AMERICA
TEXAS
County of
DENTON
-'
and State of
, as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly !>ound unto ~~IE CITY OF DENTON
, OWNER, in the penal SUID of T\,ENTY FOUR THOUSAND TWO
Dollars ($ 24,203.00
HUNDRED AND THREE and no! I 00-------------_______________
for the payment whereof, the said Principal and Surety bind themselves and thei::-
heirs, administrators, executors, Successors and assigns, jointly and severally, by
)
thes presents:
ImERLAS, the
with the Owner, dated the
Principal has entered into a certain
21 day of JANUARY
In-itten contract
, 19~.
Bid #1321 - CONCRETE FOUNDATION FOR ARCO SUBSTATION
to 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 pay all claimants supplying labor and liIaterial to him or. a
subcontractor in the prosection of the work provided for in said contract, 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 Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 56th Legislature, Regular Session, 1959, and all liabilities On this
bond shall be detennined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PB-3
Sure ty, for value rece1 ved, stipnla tee 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 anywise aHect 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 WITHNESS WHEREOF, the said Principal and
sealed this instrument this 28ttL day of January
Surety have signed and
, 1992 .
SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC.
Principal
UNIVERSAL SURETY OF AMERICA
Surety
By ~ --p:
T.E. STANEK
~/
-fJCu~~;;:. ~~
Pauline L. Lesch
Title Attorney-in-Fact
Title VICE PRESIDENT
Address
Address
P. O. Box U50
Lewisville, TX 75067
121 Exposition
Denton, TX 76205
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
PCL INSURANCE AGENCY, INC.
206 Elm St., #105, Lewisville, TX 75057
PB-4
0092b
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3IfIlS wo~.:!
i. .
;
!!AnrENANCE BOND
BOND NO. 382-1589
STATE OF TEXAS
)(
COUNTY OF DENTON ) (
KNOW ALL MEN BY THESE PRESENTS: THAT SOU'rHHEST
INDUSTRIAL CONSTRUCTORfus Princips1, and UNIVERSAL SURETY OF AMERICA
a Corporation authorized to do business in the SUte of
Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto
the City of Denton A Municipal Corporation of the State of Texas, its successors
and assigns, at Den~on, Denton County, Texas the sum of TWO THOUSAND FOUR HUNDRED
TWENTY AND 30/100------------------------------- Dollars ($ 2,420.30 ), 10% of
the total amount of the contract for the payment of which sum said principal and
surety do hereby bind themselves, their successors and asssigna, jointly and
severally,
This obligation is conditioned, however, that:
WHEREAS, said SOUTHWEST INDUSTRIAL CONSTRUCTORS
has this day entered into a written contract With the said City of Denton to build
and construct BID 11J1?1 - CONCRETE FOUNDAnO~ FOR ARGO SU!l$TATTON
which contract lInd the plans and specifications therein mentioned, adopted by the
City of Denton, are filed with the City Secretary of said City ane! are herety
expressly incorporatd herein by reference and made a part hereof as though the same
were written and set out in full herein, and:
~7HEREAS, under the sdd plans, specificat:l.ons, and
contract, it is provided that the Contractor w111 maintain and keep in good repair
the work therein contracted to ~e done and performed for a period of one (1) year
from the date of acceptance thereof and do all necessary backfilling that !'lay
become uecessary in connection therewith and do all necessary work towa.rd the
repair of any defective condition growing out of or arising from the illlproper
con!ltruction of the improvements contemplated by said contractol: on constructing
the same or on account of improper excavation or backfilling, it being understood
that the purpose of tbl~ section is to cover all defective conditions arising by
reasou of defective materials, work, or labor performed by said Contractor, and .in
case the !laid Contractor shall fail to repair, reconstruct or maintain said
improvements it is agreed that the City Clay do said work in accordance with said
contract and supply such materials and charge the same against the said Contractor
and its aurety on this obligation, and said Contractor and surety shall be subject
to the damages in aaid contract for each day's failure on the pal:t of said
Contractor to comply with the terms and prOVisions of said contract and th:l.s bond.
0093b
HR-l
..
F Eell'l :: [,I j C
P. I
NOli, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for the maintenance
period of one (1) year, as herein and said contract provided, then these presents
shall be null and void and have no further effect; otherwise, to remain in full
force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive recoveries Clay
be had hereon for successive breaches of the conditions herein provided until the
full amount of this bond shall have been exhausted, and it is further understood
that the obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished, or in any manner
affected from any cause during said time.
CONSTRUCTORS, INC.
these presents to be executed by
and the said UNIVERSAL SURETY OF AMERICA
as surety, has caused these presents to be executed by its Attorney-in-Fact
Pauline L. Lesch and the said Attorney-in-Fact has hereunto set
this 28th day of January 19 92.
IN h~TNESS k~EREOF the said SOUTHWEST INDUSTRIAL
as Contractor and Principal, haa caused
his hand
SURETY:
PRINCIPAL:
UNIVERSAL SURETY OF AMERICA
BY: '-jJ~~/:Vlh X ~
Pauline L. Lesch
Attorney-in-Fact
Attorney-in-Fact
UTID,EST INDU TRIAL CONSTRUCTORS,
J
T.E. STANEK, V.?
121 EXPOSITION STREET
DENTON, TEXAS 76205
INC.
-
- E-.
~
~
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0093b
UNIVERSAL SURETY OF AMERICA
1812 Durham I Houston, Texas 77007
GPA
382
15R9
For verification of the authority of this power you may telephone (713) 863-7788.
Power of Attorney Valid Only If
Last Four Digits Appear In Red
GENERAL POWER OF AlTORNEY - CERTIFlED COPY
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under
the laws of the State of Texas, and having Its principal office in Houston, Texas, does by these presents make, constitute and appoint
Pauline L. Lesch
Clem F. Lesch
Don E. Cornell
of Lewisville and State of Texas its true and lawful Attorney(s)-in-Fact, with full power
and authority hereby conferred in its name, place and stead. to execute, acknowledge and deliver
Bonds not to exceed $250,000. unless such is accompanied by a letter of
,,"thol'ity flie;ned by the Preflident, Secretary or Executive Vice President
of lJnlvPY'R.Al SllT'P.ty of America.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ral1fying and confirming all that the said Attorney(s)-in-Fact may do
wIthin the above stated hmitations. and such authority is to continue in force until Octobep 31, 1993
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety
of America at a meeting held on the lIth day of July, 1984.
"Be It Resolved, that the President. any Vice PreSIdent, Secretary or any Assistant Secretary shall be and is hereby vested with
full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on bebalf of
the Company."
"RESOLVED tbat the signature of any officer of the corporation. and the seal of the corporation may be affixed or printed by
facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon
the corporation."
In Witness Whereof. Universal Surety of America has caused these presents to be signed by its
President, John Knox. Jr.
to be hereto affixed this 1 st day of March
55:
~"'''~~~'~'~'~/6'1~~ UNIVERSA
l..J>:::I:;y..
~~,:.:~::::;) By:
"'I""",",,~\
and its corporate seal .
State of Texas
County of Harris
President
On this 1 st day of March ,in the year 90
a notary public. personally appeared John Knox.. Jr.
person who executed the within instrument as President
named and acknowledged to me that the corporation executed it.
Wendy W. Stuckev
, personally known to me to be the
. on behalf of the corporation therein
"'''''''w''~'~''',,...
,l~'V~,"''''..!f,,'
l'~,"'","~"Pv~"'tc-~
":J:.!..o~'r,'~.(;;'
\.. \";:';,'r:,;~::))
,,,,,,,,,~,,~,"~~\\,,,,,,,
u1~w. ~Notary Public
J, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct
copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in
force and effect.
GIVEN under my hand and the seal of said Company, at Houston. Texas, this 28th day of Januarv
c;;fr~/J~
.19 92.
Secretary
COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal
Surety of America atl812 Durham, Houston, Texas 77007 or bycalJing (713) 863-7788. !fthe problem is not resolved you
may also write the State Board oflnsurance, P.O. Box 149091, Austin. Texas 78714-9091, Fax (512)475-1771. This notice
of complaint procedure is for information only and does not become a part or condition of this bond.
Any Instrument issued in excess of the penalty stated above IS totally void and without any validity.
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 low 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:
o 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:VII
o 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
officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
APPROVED 12-l8-91
Insurance Requirements
Page 2
o Liability policies shall be endorsed to provide the
following:
00 Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
00 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.
o
All policies shall be endorsed to provide
prior written notice of cancellation,
reduction in coverage.
thirty(30) days
non-renewal or
o 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.
o 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.
o Should any required insurance lapse during the contract
term, requests for payments originating after such lapse
shall not be processed until the city receives satisfactory
evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is
not reinstated, city may, at its sole option, terminate
this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REOUIREMENTS:
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:
APPROVED 12-18-91
Insurance Requirements
Page 3
[xl A. General Liabilitv Insurance:
General Liability insurance with combined single limits of
not less than $500.000.00 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:
o Coverage A shall include premises, operations,
products, and completed operations, independent
contractors, contractual liability covering this
contract and broad form property damage coverages.
o Coverage B shall include personal injury.
o Coverage C, medical payments, is not required.
If the Comprehensive General Liability form
0002 Current Edition and ISO Form GL 0404)
shall include at least:
(ISO Form GL
is used, it
o 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.
o Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[xl Automobile Liabilitv Insurance:
comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than -
$500,000.00 per occurrence either in a single policy or in a
combination of underlying and umbrella or excess policies.
The policy will include bodily injury and property damage
liability arising out of operation, maintenance or use of any
auto, including owned, non-owned and hired automobiles and
employee non-ownership use. (ISO Form CA 0001 Current
Edition)
APPROVED 12-18-91
Insurance Requirements
Page 4
[X] 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 Liabilitv 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.
[] Fire Damaqe Leqal Liabilitv 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 Liabilitv Insurance
Professional liability insurance with limits not less than
per claim with respect to negligent acts,
errors or omissions in connection with professional services
is required under this Agreement.
APPROVED 12-18-91
Insurance Requirements
Page 5
[] Builders' Risk Insurance
Builders' Risk Insurance, on an All-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.
OOOED
APPROVED 12-18-91
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;;'~'="~;:'D,::":,;"":,;:,,,,:,;,'~-:-:::'}:::':::::':::n'~:*;'*:::'~~?;t.?8M:::::::~~~@:::'>-::{::i;~::;;t:Ht;::tMf~t:::(;::;(:~~~:;;:::::'~:;:;~-:::;~~;:;::,;:.:::-:-~~::t::1'1@;:l:@:f51%:::ft~~t~t~t::t:::-:r%%::2:::.:m(:::::st%4?>'.~,.. ......................................................
PROOUCER . THIS CERnFlCATE IS ISSUED AS A MATTER OF INFORMAnoN ONLY AND
CONFERS NO RIGHTS UPON THE CERnFlCATE HOLDER. THIS CER1IFlCATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POUCIES BELOW.
Ramey King & Minnis
101 S. Locust
Su~e 707
Denton
Insurance
COMPANIES AFFORDING COVERAGE
TX 76201-
COIl€
su...._
COMPANY A
LETTER
New Hampshire
118UftED
C"""ANY B
LETTER
lumbermens Mutual
Southwest Industrial
Constructors Ino
121 Expos~jon
Denton TX 76201-
~ANY C
C"""ANY D
LETTER
,=YE
~:S9:g.~:...;,.,....:...g~f%~#ili~MMlHMi#~;~t~~:~t&~~gMH##J~%tW~f}f~m:m%Hilimf:~jl1iliiHilitiliiilitililli.Uni:miliMtf.iiijf$Miuiif.m1.w.fi$~fl%mm.*J. ~ .~~
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORCED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS,
EXCLUSIONS..AND..CON[J.lllONS. OF SUCH POUCIES. UMITS SHOW~..'"~Y.~.~~~..~~~.~..R.~~.~q.E~..~~..P.~I.~.9~'"~....,............................. ..........................
POLICY EFFEC1IVE POLICY EXPIRATION
DATE (MfM>DffY) DA1E(MM/DDNY)
"'..,. M .~ .
co:
Lm'
TYPE Of INSURANCE
POLICY NUIIBER
UIT8
/Ii GENERAL. UA8I.ITY
: COMMERCIAl. GENERAl. LIABILITY
ClAIMS MAllE X OCCUR.
O'M-ER'S & CONTRACTOR'S PROT.
The inclusion of more than one insured shall not
operate to increase the insurer's limit of liability
.................................
10/01/91 10/01/92
TCP7545201
10/01/91
10101/92
: GENERAL AGGREGATE ,$ 200000o
i PAODUCTS-COMPtOP AGe. .. fa 1000000
.................................................o}.......................................
, P8lSCHAL & MJV. ItWAY ,$ 100000o
:.~c:II.~.~.~............:.i~:.::::::..:..:~~:.
. FIRE DAMAGE (Ally one fite) ..l~ 50000
j MED. EXPENSE (Any one person);' 5000
....:-........................... ...;........................................
j COMBINED SINGLE j$ 100000o
~ LIMIT ~
....:Ai'AUToMoBU. Wi.nv
X ~ ANY AUTO
X ALl O'MED AUTOS
. .. ~ : SCHEDULED AUTOS
X . HIRED AUTOS
X ~ NQN.OVH:D AUTOS
~ GARAGE LIABILITY
BA7545200
; BODILY INJJRY
j (Per p&raon)
i$
...;...........................
~...................... ..
~ BODL Y INJJRY
: (Per eccldenl)
i$
B
WORKER" COIIPEN8A11OH
AND
&ROYERS' LIABLITY
3BAOll087-Q0
10/01/91
............................ .............................................
PROPERTY DAMAGE l'
1 oiiiii9ii.........(e.;.Cii.occuimiCE........ ..:................1000000.....
l,~~~~~.w"':,,'''''',!!.,.,.'?;:=:'::
; STATUTORY LIMITS ~ . ". _ ." . .. '.'
~. ..... :......................................,:;.... ....... ...........w....
, EACH ACCIDENT i$ 500000
~ ~ISEASE - 'POlICY LIMIT ......:.:~..................~~~.....
, DISEASE - EACtI EMPLCYEE j$ 500000
'l
10/01/92
: ;
.. ~'oC~ UUiJiY ...................................
~ UMBFlEL.LA FOAM
. OTHER THAN UMBRELlA FOAM
UL3270390
10/01/91
OlltER
Additional Insured: City of Denton, its Officials, Agents, ~mployees, and
Volunteets
DESCRFnON OF OPERAT1ON8JLOCATIOHlW!HICLE8lSPECIAL ITEIIS
Such insurance Is primary to any other Insurance available to the additional
insured with respect to claims covered under the policy and that this Insura
nce applies separately to each Insured against whom claim us made or suit
is brought.
:;;.:MUf5J:,,,S,,,, ;,~:,;",~,w:,~~r~;H.~.~.~.~Jt~:;:~:~1~:
:~~nJ.~1;Jn~~;~~:t;;::;.~:;f:~;.~.~.~~f~.~1:~.,~.>.>c..::..>>~,.:;.:.,. ..,.~,Y~m{.nMMHilifilim@.@.@ffjff'tMMrhi*Jto/tt'$i't::1Hm .W:;:wU
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEUEO BEFOAE THE
''" EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
,.N MAIL ~ DAYS WRiTTEN NOTICE TO THE CERTlFICATE HOlDER NAMED TO THE
M
"." LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAlL IMPOSE NO OBUGATION OR
".;;. UABIUTY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
City of Denton, its Officials, Agents, Employees, Volunteers
City of Denton
901B Texas Street
Denlon TX 76201-