2002-131ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE LEATHERWOOD 21" SANITARY SEWER;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BiD 2820- LEATHERWOOD 21" SANITARY SEWER AWARDED TO
PATCO UTILITIES, INC. IN AN AMOUNT NOT TO EXCEED $130,645.65).
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 ORDA1NS:
SECTION 1. 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 accord'rog to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BD
NUMBER
2820
CONTRACTOR
Leatherwood21"SanitarySewer
AMOUNT
$130,645.65
SECTION 2. 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 cfa written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constmction 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 4. 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 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /~'~ dayof ~P~ .2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
3-ORD- BID 2820 Leatherwood 21" Sanitary Sewer
ATTACHMENT 1
BID#2820 Date: 4/16/02
LEATHERWOOD SEWER LINE
No.I :DESCRIPTION VENDOR VENDOR VENDOR' VENDOR VENDOR
BARSON RYCON
DIG ASSURE£ CALHAR M-CO CONST. UTILITIES
Principle Place of Business: Dallas, TX Melissa, TX N.R Hills,TX Dallas, TX Farmers Branch. TX
TOTAL BASE SID $152,876.05 $163,368.70 $196,554.05 $256,199.60 $153,428.00
1
BID BOND YES YES YES YES YES
2
No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR
JOHN BURNS PATCO UTiLiTIES
INC. DICKERSON BDF
Principle Place of Business: Lewisville,TX Grand Prairie, TX Celina, TX Valley View, TX
TOTAL BASE BID $156,875.00 $130,645.65 $168,674.00 $136,916.00
1
BID BOND YES YES YES YES
2
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 14t~ day of May
A.D., 2002, by and between City. of Denton of the County of Denton and State of Texas,
acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter
termed "OWNER," and
PATCA~ ~ti. lit-ies, Inc.
1617 W. Pioneer Parkway
Grand Prairie, TX 75051
of the City of Grand Prairie, County of Dallas 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 attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below:
Bid 2820 - l,eatherwood Sanitary Sewer
in the amount of ~ 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 and
the Performance and Payment Bonds, attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for
Bids), and Instructions to Bidders, as referenced herein and on file in the office of the
Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints,
and other drawings and printed or written explanatory matter thereof,
CA - 1
and the Specifications therefore, as prepared by:
City of Denton Engineering Department
all of which are referenced herein and 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 sl~l_l not have ~s_u_p?rvision and ?n_trol of Con, actor or any employee
of '~6~tractoi, 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.
ATT
CiW of Denton
OWNE~ £ ? ~.
(SEAL)
ATTES.T:
Parco Uttlt:tes, Inc.
CONTRACTOR
1617 ~. Ptoneer Pkwy,
Grand Prafrte, TX 75051
MAILING ADDRESS
972/968,-8~04
PHONE NUMBER
972/64 !...8233
FAX NUIvlBER
BY: President
TITLE
Douglas E, P~tter~on
PRINTED NAlVlE
APPROVED AS TO FORIVI:
TY A~EY -
(SEAL)
CA - 3
Leatharwood 21" Sanitary Sewer Bid 2820 CITY OF DENTON
'March 16, 2002
NAME OF BIDDER:
MS. CHRISTY SKIRCHAK
PURCHASING
CITY OF DENTON
901-B TEXAS STREET
DENTON, TX 76209
Dear Ms. Skirehak:
The undersigned, in compliance with your advertisement for Bids for the Leathcrwood 21" Sanitary Sewer,
having examined the Drawings and Specifications, together with the related documents and all conditions
surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all
W&l~n every-dWta]Hn i~ordance with the Co~r~ Documen~swithin the time setfoah h=~ein and' at the
prices stated below. These prices shall cover all expenses incurred in performing the work under the
Contraot Documents, of which the Proposal is a part.
Attached herewith, please find (Cashier's Check) (Certified Cheek) (Bid Bond) in the amount of
$ , five pement (5%) of the bid.
I (or we) acknowledge receipt of the following addenda:
ADDENDA #I: .(Initial)
ADDENDA g2: (Initial)
ADDENDA #3: (Initial)
47
,, L'eatherwood 21" Sanitary Sewer Bid 2820 CITY OF DENTON
March 16, 2002
CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution,
Drawings, and Contract for (Bid # 2820) Leatherwood 21" Sanitary Sewer and having examined the
premises and circumstances affecting the work, the undersigned offer:
OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes,
incidentals, and other facilities, and to perform all work for the Leatherwood 2 l" Sanitary Sewer.
Total Bid Amount
See~taehed Breakdown of Bid
EXAMINATION OF SITE: By signing the Proposal Form, contractor acknowledges he is an authorized
representative and has examined the site and is aware of all field conditions, which may affect the work.
TAXES: Tax shall not be included in your bid.
Upon r~e~t of notice of'acceptance of this bid~_withi_n thi~L(3_0~ d~ay_s ~of~th_~ dale Of ~i$_p[op.~sal, I (or
we) agree to execute the formal contract within ten (10) days thereaRer, and to deliver an Insurance
Certificate, a SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT (110%) of the
contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%)
STATUTORY PAYMENT BOND.
The undersigned agrees to complete all work shown on the drawings and in the specifications within the
time limits set forth below subject to additional days that may be added due to inclement weather and/or
other justified and reasonable extensions or time as may be approved by the Owner.
Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton
Representatives and present a plan that will illustrate how progression of work is to take place.
Ifa contractor is awarded the project, the project must be completed within the dates shown above or thc
contractor will be subject to liquidated damages as set forth in the North Texas Council of Governments
General Provisions.
A working day is defined as a calendar day, in which weather or other conditions not under the control of
the company will permit the performance of the principal units of work underway for a continuous period
of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M.
The undersigned agrees that the Owner may .retain the sum per the North Texas Council of Governments
General Provisions from the amount to be paid to the undersigned for each calendar day that the work
contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This
amount is agreed upon as the proper measure of liquidated damages, which the Owner will sustain per day,
by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any
sense as a penalty.
Payment will be made to the contractor within thirty (30) days after receipt of proper invoice and written
acceptance of project from the Owner's representative, all required material invoices, documantation, ere
and all written warranties from both contractor and manufacturer.
48
Project Name
Leatherwood Sanitary Sewer
BID TABULATION SHEET
Work Days
Bid No.
P.O. No.
60
2820
Item
1.21
3.1
2.12
Z.12
LI2
7.6-A
7.6-A
7.7
SP - 15
SP - 37
3.12
;P - 39
t Description [ Quantity Unlt I Unit Price ! Total
Contractors Wanantiea and Und~ta~cllngs LS
IPrepat'ati°n °f Right °f Way I I~
121"- F679 San Sewer Pipe: 5'-10'deep
Unit Pdce In Words ~oo~.~-~ ~DO~.
' ,.,
21"- F679 San Sewer Pipe; 10'-IS'deep
24" Ductile iron San S. Pipe; 10'-IS'deep
Unit Price In Words
[Tempora~ Erosion Consol
Unit Price In Words
IProject Signs
Unit Price In Words
49
Project Name
Leatherwood Sanitary Sewer
BID TABULATIN SHEET
Work Days 60
Bid No. 2820
P.O. No,
WS - 24
Unit Price In Words
2. i.3(4.5) IFl~xbaso
WS - 21
WS - 26
SP - 5
SP - I0
Unit Price In Words ~~' '~r~ ~,g
JRo~k Excavation
I
.I ,oo Ic~15.~~ ,cYl$,g~)~o~-
I I
5O
Leatherwood 2 I" Sanitary Sewer Bid 2820 CITY OF DENTON
March 16, 2002
I (or we) agree to promptly furnish a correct and current financial statement of condition with a list of
owned eciuipment and an experience record of completed projects for examination by Owner and architect,
if same is required.
SEAL (If by Corporationi
RESPECTFULLY SUBIVliTIED BY
(Title)
(Address)
¸51
PERFORMANCE BOND
[~ond I~o. ]84 49 34
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That PATCO Utilities: Inc. whose
address is 1617 W. Pioneer Parkway: Grand Prairie, TX 75051
hereinafter called Principal, and lfl~urance Company of the ~est ,
a corporation organized and existing under the laws of the State of Caltfornta ~, and
fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound
unto the City of Denton, a municipal corporation organized and existing under the laws of the
State of Texas, hereinafter called Owner, in the penal sum of One Hundred and Thirty.
Thousand: Six Hundred and Forty. Five Dollars and 65/100 DOLLARS ($ 130,645.65) plus
tenpe~een~ of4he, stated-peaai- sum-a~an4tdditional sum of menoy representin~ additionai-court
expenses, attorneys' fees, and liquidated damages arising out of or connected with the below
identified Contract, in lawful money of the United States, to be paid in Denton County, Texas,
for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents. This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
thi.~ Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2002-131, with
the City of Denton, the Owner, dated the 14~ day of May A.D. 2002, a copy of which
is hereto attached and made a part hereof, for Bid 2820- Leatherwood Sanitary Sewer.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of fmai completion and final acceptance of
the Work by the Owner; and, if the Principal shall fully indemnify and save hannless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
PB ~ 1
PROVIDED FURTHER, that if any legal action be fried upon this Bond, exclusive
venue shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
wlidfii '~-e~de bf 15~-~-ifiay b6 had i//'ih-ii~te~ a-risifi~ 6u~ 0f~uch suretyShip, as -pro~i3e~l b-y
Article 7.19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument 'is executed in ..4 copies, each one of which
shall be deemed an original, this the 14tliay of ,~ , ~00:~;
ATTEST:
PRINCIPAL
SECRETARY
A~ ~ltness as to Surety:
P~co U~l~tes, Inc.
~P- E T
SURETY //~
Insuranc~ Cg~any of t,h~e Uest
~ne~T~
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME:
Pauline L. Lesch
STREET ADDRESS: ~06 EI~ St., ~lO§, Le~tsvtlle, TX 7~057
(NOTE: Date of Performance Bond must be date of Contract.
corporation, give a person's name.)
PB - 2
If Resident Agent is not a
PAYMENT BOND
Bond ~1o. 184 49 34
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That PATCO Utilities, Inc., whose
address is 1617 W. Pioneer Parkway. Grand Prairie TX 75051 hereinafter called Principal,
and Insurance Company of the tlest , a corporation organized and
existing under the laws of the State of i;all¥orflla , and fully authorized to transact
business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
One Hundred and Thirty. Thousand, Six 14undred and Forty. Five Dollars and 65/100
.DOLLARS ($ 130~45.65) in lawful money of the United $tates, to ..be .-paid. in. Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the mount of any
Change Order or Supplemental Agreement which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease
the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2002-131, with
the City of Denton, the Owner, dated the 14~ day of May A.D. 2002, a copy of which
is hereto attached and made a part hereof, for Bid 2820 - Leatherwood Sanitary. Sewer.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then thi.~ obligation
shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be fried on this Bond, exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans,
Specifications, Drawings, etc.
PB - 3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State Of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 14thday of ~ay ., 200~
ATTEST:
~E~RETARY
PRINCIPAL
Parco Utilities, Inc.
Douglas t. Patterson
~ttness as to Surety:
SURETY
Insurance £om~ny of the t4est
AT~-Oi~Jq-EY_iMT. FAC-T '--~- _ _
Sheryl A, Klutts
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Pauline L. Lesch
sTREET ADDRESS: 208 Elm St., ~105, Lewisvtlle, TX 75057
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB - 4
No. 0004788
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer I~suranee Company Independence Casualty and Surety Compony
KNOW ALL ~ BY THESE PRESENTS: That Insurance Company of the West, a Co~porction duly orsanized under the laws of the State of California, The
Explorer Insurance Company, a Coq~oration duly or~amzed under the hws of the Stata of Arizona, and Independence Casualty and Surety Company, a Coq~orafion
duly o ~r~ni=~d under tho laws of the State of Texas, (~ollectively referred to as the "Companies"), do hereby appoint
JOHN A. MILLER, SR., JOHN A. MILLER, H, SHI~YL A. KLUTTS AND K. R. HARVEY
their true and lawful Attomny(s)-th-Faot with aufaodty to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and ~tu-ety bonds, tmdorteknigs,
and other similar contracts of suretyship, and any rehted documenta.
IN W1TI~SS WHEREOF, the Companies ha-m caused these presenta to be executed by ita duly authorized officers this 16th day of January, 2001.
~ EXPLORER INSURANCI~ COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Ass/stent Secretary
John L. Hannum, Executive Vic~ President
State of California
County of San Diegn } SS.
On .1~,~,,,3, 16, 2001, before n~, Nm'ma Porter, Notary Public, personally appeared John L. Hannu~ and John H. Craig, personally Imown to me to be
the persons whose tomes a~ subeoribed to the within nistnmmnt, and acknowledged to me that they executad the same in their authorized oapacities, and that by
their signnturea on the/nstrum~t, the entity upon behalf of which the parsons acted, executad the instrument.
Wiiness my hand and official seal.
Norma Porter, Nomy Public
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals trader anthofity of the folioWmg resolutions adopted by
the respective Beards of Directors of each of the ComPames:
"RESOLVED: That the President, an Exeoulive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powei's of Attorney appdinhn[~ the pemon(s) named as Attornny(s)-th-Fact to date, execute, sign,
seal, and deliver on bchaif of the Compally, fidelity and surety bonds, undert~kinEn' and other similar contracts of suretyship, and any robed
documents.
RESOLVED FURTHER: That the signatures of tho officers making tho appointment, and the signature of any officer ceitifythg the validity
and current status of the appointment, may be facsimile repmsentalions of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facshnifa representations shall have the same
force and effect as if manually affixed. The fac,simile representations referred to herein may be affixed by stamping, printing, typing, or
pbotocopyths."
CERTIFICATE
I, the undersigned, Assistant Secretory of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Aitomey is in full force and effect, and has not been re~oked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Compames, and ar}~full force.
IN WITN~SS WHEREOF, I have set my hand this //7t~--~-~ dayof g~x~
John H. Craig, Assistant Seorota~
To v~i f'y the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named nidividual(a) and details of the bond to which tbe pow~ is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 El Ctunm° Real, San Diego, CA 92130-2045 or call (858) 350-2400.
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 endorsements 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 pm~ide.and_ maintain until..the_contracted mark.has l~een 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 ofany 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 maititained 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 elin~ate 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.
· 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 read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of this
con~-i6¥ and, without ]-~S~} for a period of ~e-& ~;ears 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.
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 $1,000,000
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 coverage.
· 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 (XCEl)
exposures.
BrOad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $1,000,000 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.
[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 lnnits 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. For building or construction
projects, the Contractor shall, comply with the provisions of Attachment 1 in
accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the
Texas Worker's Compensation Commission (TWCC).
[]
[]
[]
[1
[]
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.
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 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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
specificationa.
ATTACHMENT 1
IX]
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accept~iI ~y th~-~bverffmentaI e-ffti~-.'
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
The contractor shall provide coverage, based on proper reporting of classification
codes and payroll mounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, f'fle a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
II.
O)
a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2)
no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
The contractor shall contractually require each person with whom k contracts to
provide services on a project, to:
(1)
provide coverage, based on proper reporting of classification codes and
payroll amounts and fling of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
(2)
provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project;
(3)
provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, ff the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
Co)
a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, ff the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6)
notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
(7)
contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be fried with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions.
The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entities the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
Bid 2820 - Leatherwood Sanitary Sewer
&CORD. CERTIFICATE OF LIABILITY INSURANCE
iht usar' Henry BowLe~; ?roy LLP J Q(~.y ~J~ cc~':rdq$ NO FligHTS ~
0 Y _ , -- MOLDI~. 'n41s Cp.J~TIFIC~TE DO~$
12700 Park Central Dr~ve I ~Tr~ ME COVe! ~FO~D~ ~V ME ~OUC~%% __LOW,
lSuLte 1700 ~ '
~D,.alla~ ~ TX 75251
~ ~13 H~ 1417 N ~=,
mE PUCES OF ~SUR~4CE U~TI;D ~I;~OW HA~ IM;EN ~ TO ~E ~
.......................... LiabilityI
: , ~~:~ . ~2 ~ ~pO, 000
--',.,, ..... "° --" ~0oc 06/30/01 [' --
(~d*~
. . g i ..........
~ A%Y &u'O
C 'o,.,.CL-~qu/Pment aS~Z63250 06/30/02 06/30/62 sch. Lt $13,389,653
.~eased & ~nted RST263250 06/30/01~06/30/02 $167,000
lnst./Riq. ~lab. ~263250 B6/30/01'06/30/02 ~500~0~0/~500~000
The City o~ Denton, its O~leial~, ~gent., g~loyees & Volunteers a~e
named additional insured with regard to the liability policies of the
insured~ but only with respeot to and to the extent of the liabilitle~
~ss~ed by the Insured under written
~F. STIF~TIB)MiX. Op.N [, L iOQl~lOllil'r#lUIIB'l~lJ~l~RL~TT[II'
Glly ~ Demon, TSX~$
~01 B TSX~ 8~!
IMPORTANT
Il 1he r.e~teate hairier ia an AODIT~:)NAL INSUFIED, t~e petl~,(les)mu~ be end.led. A s~atement
o~ ~i~ mrtiream claes no~ eonfer rlgtlls Io Ihe oe~ifioam halder Lq lieu of auoh endarsement(s).
If SUBROGATION IS WAIVED, ~u~eat ~o ItM te~m~ mqd aandl~lon$ olde I~1~, ~1~i~ ~11~1~ m~
reqv~re ~ .~dar~erne~t. A ~ltOment an t~b a~a~te claes n~ aa~fer dgrtts lo ~la =.rtlfloate
halder In lieu ~ such endo~sementts),
acoaaH, er~o'~2 o~: 3
I ' DESCRIPTIONS (C,b~!h~ed'fro:m,Page !)
Coverage i. primary.
Said policisa shall no~ be cancelledf nonrenewed or materially changed
without 30 day~ advanced written notice being given ~o ~he owner(City)
except when the policy is being cancelled for nonpaymen~ o~ premium in
which ca~e 10 days advance writ%eh notice is required.