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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 .", ,,, ~u I f.c, ~~ 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: - = o ,,", yv-. ~ i Attorney :: -- ~f ,:;.' CA-3 0114s 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 C ." 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-. ~ ~ I1B-2 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 ~f ':~~.~.'~.I'~' "~*;':1~?I:{'-:::':-I{":.~I:=::":m,?,:t'{:1'::'='~rl~:~~'I~:::!*:l~~W~l?::?':F~I.;:;'{:::;;;I) II. .~. :::?' tl'::?":;:*~:;:::'I.":i~tW*1:;;~J~;;;Y%?m&&: DAft (MMIOOf1Y) ~~:^.....n. .~8:=::;hC::{" .' ':I't ::.<. .......". t '~.:-~:.~':E~:t;:; .' .'"..':.. ~..' _ '-;:' .:::,$":':::~l$ffi::Y*::::{'~M* ?~ F:(.:::I,~'<Ms.:-;.:;:::.?:::lil',I~;..=-:~,-:-.,:::::;il...~?';-,:::~II-.~;;...,.,~-}<<_....<;;-<<,..,I,;;...,9:%%%-::t<<:~I.~% 01/25/92 ;;'~'="~;:'D,::":,;"":,;:,,,,:,;,'~-:-:::'}:::':::::':::n'~:*;'*:::'~~?;t.?8M:::::::~~~@:::'>-::{::i;~::;;t:Ht;::tMf~t:::(;::;(:~~~:;;:::::'~:;:;~-:::;~~;:;::,;:.:::-:-~~::t::1'1@;:l:@:f51%:::ft~~t~t~t::t:::-:r%%::2:::.:m(:::::st%4?>'.~,.. ...................................................... PROOUCER . THIS CERnFlCATE IS ISSUED AS A MATTER OF INFORMAnoN ONLY AND CONFERS NO RIGHTS UPON THE CERnFlCATE HOLDER. THIS CER1IFlCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Ramey King & Minnis 101 S. Locust Su~e 707 Denton Insurance COMPANIES AFFORDING COVERAGE TX 76201- COIl€ su...._ COMPANY A LETTER New Hampshire 118UftED C"""ANY B LETTER lumbermens Mutual Southwest Industrial Constructors Ino 121 Expos~jon Denton TX 76201- ~ANY C C"""ANY D LETTER ,=YE ~:S9:g.~:...;,.,....:...g~f%~#ili~MMlHMi#~;~t~~:~t&~~gMH##J~%tW~f}f~m:m%Hilimf:~jl1iliiHilitiliiilitililli.Uni:miliMtf.iiijf$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-