2001-287 oRDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE PAINTING OF SERVICE CENTER AND VEHICLE MAINTENANCE
FACILITY, PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVDING AN EFFECTIVE DATE (BD 2691- PAINTING OF SERVICE CENTER AND
FLEET SI~RVICES BUILDINGS AWARDED TO FRONTIER WATERPROOFING, INC, IN THE
AMOUNT OF $84,552)
WHEREAS, the City has solicited, received and tabulated competmv¢ bids for the
construction ofpubhc 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 m the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction ofpubhc works or
improvements, as described in the "Bid InwtaUons", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2691 Frontier Waterproofing, lnc $84,552
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SECTION lII 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 m accordance
with thc bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon ac¢optance and approval of the above competitive bids and the
execution of contracts for the pubhc works and improvements as authorized hereto, the C~ty Council
hereby anthonzes the expenditure of funds in the manner and in the mount as specified ~n such
approved b~ds and anthonzed contracts executed pursuant thereto
SECTION V That th~s ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED th~s the ~/~dayof ~e~'~, 2001
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2691 CE
ATTACHMENT 1
TABULATION SHEET
BID 2691 Date 7/10/01
PROJECT PAINTING OF SERVICE CENTER & VEHICLE MAINTENANCE BUILDING
NO I Qty I i DESCRIPTION,.., ..... . , VENDOR VENDOR VENDOR
Frontier Bounds Paint A-Agape
, Waterproofing Inc Company Contracting
Principle place of Business Denton, TX Denton, TX Gladewater, TX
PAINT SERVICE $43,074 $54,822 $68,923
CENTER
A
OPTION 1 - PAINT $3,600 $6,808 $3,600
MULTI-CAR CANOPY
PAINT VEHICLE
MAINTENANCE $37,878 $52,634 $62,100
B BUILDING
NUMBER OF WORK 75 35 60
DAYS
BID BOND YES
TOTAL BID $84,552 $114,264 $134,623
3
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of___Altgttat
A D, 2000, by and between City. of Dentnn
of the County of Denton and State of Texas, acting through thereunto
duly anthor~zed so to do, hereinafter termed "OWNER," and
Frontmr Waterproofing: Ina.
332 East Oak Street
Denton: Tx 76201
of the City of Denton, County of Denton and State of Texas, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter menttoned, to be made and performed by OWNER, and under the condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
Bid 2691I- Painting of Service Center and Vehicle Maintenance Building
~n the amount of $84,552 extra work m connection therewith, under the terms as stated m the
General Conditions of the agreement, and at his (or their) own proper cost and expense to
furmsh all materials, supplies, machinery, eqmpment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the work specxfied above, m
accordance with the conditions and prices stated m the Proposal attached hereto, and m
accordance wxth 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 m
CA- 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
C~tv of D~nton I~uhtv Adm~mstratmn
all of which are made a part hereof and collectively evidence and constitute the entxre 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, wlthholdmg, social
security ~axes, vacaUon or sick leave benefits, worker's compensation, or any other City
employee benefit C~ty shall not have supervision and control of Contractor or any employee
of Contractor, and tt ~s expressly understood that Contractor shall perform the services
hereunde~ according to the attached specifications at the general direction of the C~ty Manager
of the C~ty of Denton, Texas, or hm designee under tlus agreement
Indemnification
Contractor shall and does hereby agree to mdenmlfy and hold harmless the City of
Denton from any and all damages, loss, or habfllty of any kind whatsoever, by reason of injury
to property or thtrd persons occasioned by any error, omms~on or negligent act of Contractor,
its officers, agents, employees, mvltees, and other persons for whom ,t ~s legally liable, with
regard t6 the performance of this Agreement, and Contractor will, at its cost and expense,
defend ahd protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
Thru agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall he m the courts of Denton County, Texas
CONTRACTOR hereby agrees to ommence work on or aaer the date esta. b?e.d
for the ~tart of work as set forth m wntran notice to commence work and complete~ a!l. wu.nc
within the time stated m the Proposal, subject to such extensions of tmae as are provluect oy me
Generalland Specml Condmons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prmes
shown in the Proposal, wluch forms a part of this contract, such payments to be subJeCt to the
General land Specml Condmons of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
m the year and day first above written
ATTEST
(SEAL)
ATTEST
CONTRACTORc~
Frontier Waterproofing, Inc.
332 East Oak Street
Denton, TX 76201
MAILING ADDRESS
(940) 566-4856
PHONE NUMBER
(940) 387-7165
FAX NUMBER
BY V~ce President
TITLE
Rick Cruder
A~ORM PRINTED NAME
(SEAL)
CA w 3
City ~ton, T~ ~I-B T~ St
~ D~ D~ton, T~ 7~01
A Paint Service Center $ 4 3 r 0 ? 4.0 i
Opaon 1- Paint Mulu-Car Csaopy $ 3 r 6 0 0.0 0
B Paint Veb,cle Msinte-n,,ce Building $ 37,,878.0C
Nu,.~ of work days 75
We quote ~ above f.o.b, delivered to Dmton, Tex~ ~inpm~t can be made m days from receipt of order Terms nat/3C
unless otherwise mdu~l,
In subnnttm/the above bid, the vendor a~rees that acceptance of any or all bid ~tems by the CiV/of Denton, Texas within a reasonable
period of time const~tute~ a con~act The complete B~d Proposal m~st be properly priced, si~ed and returned
332 East Oak Street Frontier Wa~t?rproof. lng, Inc.
De.nton, Texas 76201
940-566-4~856 940-387-7165 R~ck Cruder
T~h~
SPECIFICATIONS
Ctty ~fD~ T~
BID SUMMARY
TOTAL B~) PR/CE IN WOR~S Eighty Four Thousand Five Hundred
Fifty TWo & NO/100 ,
In the event of the award Of a contract to the unde~gned, ~ undersigu~l vall filrmsh a perfo ~rmance bond and
a payment bond for tho full mnount of tho contract, to secure proper comphance with the terms and provlmons
Of the con~act, to insure and guarantee the work un~l final complchon and acceptance, and to guarantee
payment for all lawfill clamas for labor perfomled and ~ furnished m the fulfillment of tho contract
_It IS unders..to~od that ~ work .u/~posed to be done shsl! be sccc?t~4; when 6dly enm!?l~t~ and 6mehM m~
accordance v~th the plans and spemficattons, to the satisfaction ofthe P_,v~neer
The undersigned certifies that the b~d pnc~s con~iqed in tins proposal have been carefully checked and are
submitted as correct and final
Umt and lump sum prices as shown for each atem hsted m this proposal, shall control over extenmons
Frontier Waterproofing, Inc.
,Ric, k Cr lder~
332 East Oak Street
Street Address
Denton,, Texas
Caty and S~a~e
940-566-4~
Tel~hono
Seal ~ Au~0nza~on
~fa ~o~on)
Bond No 183 98 $3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Fronner Waterproofing, Inc.
whose address m 335 F~a.~t Oak Street: Denton: TX 76201 ,
hereinafter called Principal, and Tn~.vanc~ £nmnany nf th~ I,I~f ,
a corporation orgamzed and exmtmg under the laws of the State of ca] ~ q,~vn~ a , and
fully authorized to transact bnsmess m the State of Texas, as Surety, are held and firmly bound
unto the C~ty of Denton, a mumc~pal corporauon orgamzed and exmtmg under the laws of the
State of ~?exas, hereinafter called Owner, m the penal sum of ~lghty Four Thou.~and P~ve
Hundred!Fifty Two and no/100 DOLLARS ($~) plus ten percem of the stated penal
sum as an addtt~onal sum of money representmg additional court expenses, attorneys' fees, and
hquxdate~t damages arming out of or connected w~th the below ~denufied Contract, m lawful
money o~ the Umted States, to be pa~d m Denton County, Texas, for the payment of winch
sum well and truly to be made, we hereby brad ourselves, our belts, executors, admnnstrators,
successors, and assigns, jointly and severally, firmly by these presents Thru Bond shall
automancally be mcreased by the amount of any Change Order or Supplemental Agreement
winch increases the Contract price, but m no event shall a Change Order or Supplemental
Agreement whmh reduces the Contract price decrease the penal sum of thru Bond
~HE OBLIGATION TO PAY SAME ~s condmoned as follows Whereas, the
Prmcmai entered into a certain Contract, ~denufied by Ordinance Number ~
w~th t~e[C~tv of Denton, the Owner, dated the :21 day of ~ A D 50ol, a
copy lof-- winch m hereto attached and made a part hereof, for
Bid 2691 - Pmnun~ of Servme Center and Vehmle Maintenance Bmldmg.
NOW, THEREFORE, ff the Pnnc~pal shall well, truly and fmthfully perform and fulfill
all of the undertakings, covenants, terms, condmons and agreements of smd Contract m
accordaace w~th the Plans, Specifications and Contract Documents dunng the original term
thereof and any extension thereof which may be granted by the Owner, w~th or w~thout nouce
to the S~rety, and dunng the hfe of any guaranty or warranty required under thru Contract, and
shall al~o well and truly perform and fulfill all the undertakings, covenants, terms, con&tmns
and agreements of any and all duly anthonzed mod~ficauons of smd Contract that may
hereafter be made, not~ce of winch mothficatmns to the Surety bemg hereby wmved, and, ff the
Principal shall repair and/or replace all defects due to faulty materials and workmansinp that
appear ~v~tinn a period of one (1) year from the date of final completmn and final acceptance of
the Work by the Owner, and, ~f the Principal shall fully mdenmffy and save harmless the
Owner fi:om all costs and damages winch Owner may suffer by reason of failure to so perform
hereto 4nd shall fully rennburse and repay Owner all outlay and expense winch the Owner may
recur m making good any default or deficmncy, then thru obhgat~on shall be void, otherwme, ~t
shall remmn m full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addlnOn 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 an anywise affect its obhgauon on this Bond,
and it does hereby waive notice of any such change, extension of tnne, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Speclflcataons, Drawings, etc
This Bond m g~ven pursuant to the prowslons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The tmders~gned and designated agem is hereby designated by the Surety herein as the
Resident Agent m Denton County to whom any reqmslte notices may be delivered and on
whom service of process may be had m matters arising out of such suretyship, as prowded by
Artmle 7 19-1 of the Insurance Code, Vernon's Annotated C~vll Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument m executed m 4 copies, each one of
which shall be deemed an ongmal, this the 21 day of August , ~
ATTEST PRINCIPAL
FRONTIER WATeRPROOFINg. INC.
SECRETARY BY
, Pi Sffil I{T"
ATTEST SURETY
ATTORNEY-IN-FA~T
M~cbele De§non
The Resident Agent of the Surety in Denton County, Texas for delivery of nonce and service
of the process is
NAME Tom P. Fll~: TIT r/n ~n,_!e.~y Uenry Bowles Trey. LLP
12700 Park Central Dr #1700
STREET ADDRESS Dallas~ TX 75251
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person ~s name )
PB - 2
Bond No 183 98 83
PAYME~ BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Frontmr Wate~roofmg: Inc.
whose address ~s 332 Ea.qt Oak Street: Denton, TX 76201
heretnafter calledPrlnclpal, and I)~surance Company of the Ilest ,
a corporatton orgamzed and extstmg under the laws of the State of Col i fornl a ., and fully
authorized to transact busmess tn the State of Texas, as Surety, are held and firmly bound umo
the City of Denton, a mumctpal corporatton orgamzed and exmtmg under the laws of the State
of Texas~ heretnafter called Owner, and unto all persons, firms, and corporations who may
furmsh matermls for, or perform labor upon, the bmldmg or nnprovements hereinafter referred
to, tn the penal sum of F.~hty Four Thousand Fwe Hundred F~fty Two and no/100
DOLLARS ($_K4J..SZ_) xn lawful money of the Umted States, to be pard ~n Demon, County,
Texas, for the payment of winch sum well and truly to be made, we hereby brad ourselves, our
heirs, executors, adnumstrators, successors, and asstgns, jointly and severally, firmly by these
presents Thru Bond shall automattcally be tncreased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but ~n no evem shall a Change
Order o~ Supplemental Agreement winch reduces the Contract price decrease the penal sum of
tins Bond
THE OBLIGATION TO PAY SAME is condzttoned as follows Whereas, the
Pnnmpal entered tnto a certain Contract, ldentffied by Ordtnance Number 2001-287 ,
wtth the City of Denton, the Owner, dated the 21 day of ~
A D 2001 , a copy of winch m hereto attached and made a part hereof, for
B~d 2~91 - pamtm~ of Serwce Center and Vehmle Mmntenance Bmldmg.
NOW, THEREFORE, tf the Prmctpal shall well, truly and fatthfully perform tts dunes
and make prompt payment to all persons, firms, subcontracto, rs, cor,por, a!tons and,c~t~, htS.
supplymg labor and/or materml tn the prosecution of the Wor~c provmen mr tn sam tzonrract
and any and all duly anthonzed modfficattons of smd Contract that may hereafter be made,
notme of winch modfficattons to the Surety being hereby expressly watved, then tins obhgatton
shall be votd, otherwtse tt shall remain tn full force and effect
PROVIDED FURTHER, that tf any legal actton be filed on thts Bond, exclustve venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value recetved, hereby
mpulates and agrees that no change, extenston of tune, alteratmn or addttmn to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficattons,
Drawings, ere, accompanying the same, shall m anywtse affect tts obhgaUon on thts Bond,
and ~t c[oes hereby wmve nonce of any such change, extenston of tune, alterauon or addtt~on to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specffiqat~ons, Drawings, etc
PB - 3
This Bond Is given pursuant to the prowslons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent m hereby designated by the Surety herein as the
Resident ,Agent m Denton County to whom any reqms~te notices may be dehvered and on
whom servme of process may be had m matters ansmg out of such suretystnp, as provided by
Article 7,19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WltEREOF, thru instrument is executed m 4 copies, each one of
which shall be deemed an original, tlus the 21 day of Augu,qt , _2003._
ATTEST PRINCIPAL
~'' 0~ FRONTIER WATI;iRPROOFING. IH£.
SECRETARY PR~SII~r
ATTEST SURETY
ATTORNEY-IN-FACT
){l chele Degnon
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process ~s
NAME Tom P. Ellis. III c/e McOuearv Henry Bowles Trey, LLP 12700 Park Central Dr #1700
STREET ADDRESS Dallas, TX 75251
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, give a person's name )
Bid 2691 - Painting of Servic~ Center and Vehicle Maxntenance Buxl
PB - 4
I ~ ICW ~R~UP
I IPower of Aflorney
~, ~ ImuFfince Company of the West
The F, xplorer Inmrsnee Compa~ Independence Casualty and Surety Company
Explorer Insmanoe Colt ~..~, ."'-" o Co'~""'~ion. v...., duty. w -- .,=:-T .-~,c'm~fl~°d m~br~ tbe,iaw~ of ti~ S~,, m Arizona,, ar~ mo~panoenoe ~asual~7 em3
dt4y or~.~.,.ed under ~laws oftbe 8~alzi o£ Texas,,{ooll~otiwly re fe/'~d to as the Compames '), do hereby appomt
,IOHN D 'IrL~IiERSON KAE(t, IBI{ONS~ BILL HENRY~ DOYL~ ltlX~ TOM P, ELLIS NL
t ,~ DONNI~OAN A.,WD,MICHELE I)EGNON
their w.m and hwihl At orn~y($).m.l~ao~ vath authority to date, exeoute, sl~n, seal, and del v~r on ha~l~ o~ th~ Compames, ~hw ~ ~ , undertelunss
.~ omar ~mular ~onta, ~s of ~u~,htp~and ~my r~lat~d dooumant~ J ....... ..
IN WITi~8 yCAitREOi~ tlie Certitude h~ve oaus~d tbese prosente to ha exeouted by ~ts dray em~ om~ars tms mm oaY o~ ~anuarY, '~uu~
,~ ~ /'~r,,~_A.~,~i[ ? , ~-~o~]~s~,~c~co~,:~v
( ) I1~ ~-~..~"~ ~ ~ ,~sC~.-/m~, ~ ~C~CASUA~VA~S~VCOMeA~
John H c,.,.. ' i i ohn L e. vo v,,.
-..- {--..~ ....... , {
CountyofSanI~ego SS , [ ~ ,
the pe~ons whose mm m v~re s~b~il~ to the w~thm ths~ ~nd,aolmowlad~eg to me that they ex~uted the same m thee aut~or~ed capamt~se, and that by
' ! ' ,~ ,~1L Wflness my hand and officml seal
~ ' Ii Norma PoRer, Notmy Public
' is eranted ~dlis ~ mealad and nota~uzed with faomrtule s~snato~es and meals under authonty of tha follo~,mg remoluflom adopted by
the lespec~ve Boards ¢
"RBSOLVt D That time Previdmnt, an Bxeoutive,or S~hior Vine President of the Company, mC w~ ? _~., ~, or any A~._s~stant
8~mtery, a w hereby a{~t~or~zed to ex~te,Power, of Ai~nn~' eplx)mtu~ the person(s) named as AttorneytsJnn l, eot to
seal, and de ive~ on ~a~f of the Core. ny. fidelity and~,~ety bonds, ~m'tePa~SS, and otha~ smular con. ets of anvetysl~? and any related
RESOLVI~ ~m~ ~1' th~~ooh~tntent.-m~¥ be fl~oskmla representations of those sisrlatores and the statue and seal of I ~' notary, and the
andseal c~n'entof the ~ ,;'~"~- [~;/,~ ~r[ [~,~ -~ ~ ~,. .. _..itmle" e ._~..sent~'~a ~ tkms~of~ose si~natlw~s__ and seals, and such faosmule represente~tons a all have the same
Y'~'~'/' ~~ ~ ' s 'sent~t~om l~ferred to berem may be affixed by stempel, I rm~n~, typm~ or
force and e~e~t em if msu~lly ~fflxed , The fao hu~ ~pre
~ i ~ CERT~ICA?E I
.~.,.~,.~.,.~g,~ ~n¢ Tnm~nce ~m~v ~f tbetWe~ The BxPlorer In.rice Coml~ny, ~1 Independence C~su~lty and Sure~ Company, do
hereby ceflffy that the ~m~ Power, of AlIomey is m full forselmd offeot, anti has not been revoked, and that the above rseoluU{~ns were duly adopted by the
respe~ve Boards of r ~o~ors of~th~ Companies aM ar~ now m~fill
I
, [ ' I ~ , John H Craig, Asmtant Secretary ,
u..,..f this F'~ve~ ~f Attom~v v~u may oell 1 *~800.877 1111 and ask for the Surety Dl.aston Please refer to th~ Power of Attorney Number,
theT° verifYabove thenamedaUthent~mdi, kigal(s)"; ~ ar~l 'dettds et' the bond'~ g ~o whi~lthe_ ~po ~ wet is atlaohed For mformauon or fihn~ clam-ts, pies, se coniao~ Surety Claims, ICW Oroup,
114~$ El C~auno Rea, 8~n Dieso?OA 02130 ~045 or omll (8~8) 3~0'2400
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attention ts dtrected to the insurance requtrements below It is htghly
recommended that btdders confer wtth thelr respective msurance carners or brokers to
determine tn advance of Bid submission the avatlabdtty of insurance certificates and
endorsements as prescribed and provtded herem If an apparent low bidder fails to
comply strictly with the insurance requirements, that btdder may be dtsqualtfied from
award of the contract. Upon bid award, all msurance requtrements shall become
contractual obllgattons, which the successful btdder shall have a duty to matntatn
throughout the course of this contract.
STANDARD PROVISIONS:
W~thout hmtttng any of the other obhgattons or habdtttes of the Contractor, the
Contractor shah provide and mamtatn until the contracted work has been completed and
accepted by the City of Denton, Owner, the minimum insurance coverage as mchcated
heretnafter
As soon as practtcable after nottficatton of btd award, Contractor shall file with the
Purchastng Department sattsfactory certtficates of tnsurance, contatntng the bid number
and tttle of the project Contractor may, upon wrttten request to the
Purchastng Department, ask for clartficatton of any msurance requtrements at any ttme,
however, Contractors are strongly advtsed to make such requests prior to btd opening,
smce the tnsurance reqmrements may not be modified or watved after btd opemng unless
a written exceptton has been submitted wtth the btd Contractor shall not commence
any work or deliver any material until he or she recetves nottficatton that the contract
has been accepted, approved, and signed by the Ctty of Denton
All insurance pohctes proposed or obtatned tn sattsfactton of these reqmrements shall
comply wtth the following general spectficattons, and shah be maintained tn comphance
wtth these general spectficattons throughout the duration of the Contract, or longer, tf so
noted
· Each pohcy shall be ~ssued by a company authonzed to do business ~n the
State of Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared m the b~d
proposal If requested by the C~ty, the ~nsurer shall reduce or ehmmate such
deductables or self-manred retentions w~th respect to the C~ty, ~ts officmls,
agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related mvestagatmns, clatm
admnustrat~on and defense expenses
· Llainhty pohcles shall be endorsed to provide the following
· . Name as adchUonal insured the City of Denton, its Officials, Agents,
Employees and volunteers
· . That such insurance 18 primary to any other insurance available to the
additional insured with respect to clatms covered under the pohcy and
that tins insurance applies separately to each insured against whom
clmm is made or suit is brought The mclus, on of more than one
insured shall not operate to increase the insurer's limit of habfl~ty
· All policies shall be endorsed to read.
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT $0 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 reqmred insurance be provided under a cloams-made form,
Contractor shall maintain such coverage continuously throughout the term of
tins contract and, without lapse, for a period of three years beyond the
contract expxrattun, such that occurrences arising dunng the contract term
winch give nsc 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 clatms
mvestagatlon or legal defense costs to be included in the general annual
aggregate hmlt, the Contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Llainhty Insurance
· Should any reqmred insurance lapse dunng the contract term, requests for
payments onganatang after such lapse shall not be processed untal the City
receives satisfactory ewdence of reinstated coverage as reqmred 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 pohctes proposed or obtatned tn sattsfactton of thts Contract shall
addtttonalIy comply wtth the followtng marked spectfcattons, and shall be matntatned tn
compliance with these addtt~onal spectfcattons throughout the duratton of the Contract,
or longer, tf 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 thc Contractor The policy
shall be written on an occurrence basis either in a single pohcy or ~n a
combination of underlying and umbrella or excess pohcles
If the Commercial General L~abillty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall include premises, operations, products, and
completed operations, mdependent contractors, contractual liability
covering ttus contract and broad form property damage coverage
· Coverage B shall include personal anjBry
· Coverage C, medical payments, IS not required
If the Comprehensive General Liabihty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, ~t shall ~nclude at least
· Bodily mjury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual habihty (preferably by endorsement)
eovenng flus contract, personal injury liability and broad form
property damage hablhty
[X] Automobile Liability Insurance:
Contractor shall prowde Commercial Automobile LiabIhty insurance with
Combined Single Linuts (CSL) of not less than $500,000 either m a single
pohey or m a combination of basle and umbrella or excess pohc~es The policy
will include bodily injury and property damage habihty ansmg out of the
operation, maintenance and use of all automobiles and mobile eqmpment used m
conjunction with this contract
Satasfactlon of the above reqmrement shall be ~n the form of a pohcy endorsement
for
· any auto, or
· all owned, lured and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maxnt/un Worker's Compensation ~nsurance winch,
in add~taon to meeting the munmum statutory reqmrcments for ~ssuance of such
insurance, has Employer's L~abahty hmlts of at least $100,000 for each accident,
$100,000 per each employee, and a $500,000 pohcy hm~t for occupational
chsease The City need not be named as an "Addlt~onal Insured" but the ~nsurer
shall agree to waive all nghts of subrogation agmnst the C~ty, ~ts officials, agents,
employees and volunteers for any work performed for the C~ty by the Named
Insured For building or construction projects, the Contractor shall comply with
the prows~ons of Attachment 1 m accordance w~th §406 096 of the Texas Labor
Code and rule 28TAC 110 110 of the Texas Worker% Compensation Commission
(TWCC)
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all t~mes dunng the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective Laaluhty insurance pohcy naming the C~ty as insured for property
damage and bodaly anjury wInch may arise m the prosecutaon of the work or
Contractors operataons under tins contract Coverage shall be on an
"occurrence" hasls, and the pohcy shall be ~ssued by the same insurance
company that cannes the Contractor's habahty insurance Pohcy hm~ts will be at
least combaned bodily injury and property damage per occurrence
w~th a aggregate
Fare Damage Legal Laabilaty Insurance
Coverage as reqmred ~f Broad form General Lmbfl~ty m not prowded or ~s
unavailable to the contractor or ff a contractor leases or rents a port,on of a C~ty
bualdmg Lnnats of not less than each occurrence are reqmred
[ ] Professional Ltabflity Insurance
Professional habfl~ty insurance with hmlts not less than per claim with
, respect to negligent acts, errors or omissions m connection with professional
serwces is reqmred under this Agreement
[ ] Builders' Risk Insurance
Builders' P, ask Insurance, on an All-Rtsk form for 100% of the completed value
shall be provided Such pohcy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ ] Commercial Crime
Provides coverage for the thef~ or disappearance of cash or checks, robbery
reside/outside the prenuses, burglary of the premises, and employee fidehty The
employee fidehty pomun of this coverage should be written on a "blanket' basis
to cover all employees, mcluchng new lures Tbas type insurance should be
reqmred if the contractor has access to City funds Limits of not less than
each occurrence are reqmred
[ ] Additional Insurance
Other insurance may be reqmred on an individual basis for extra hazardous
contracts and specffm servme agreements If such additional insurance is required
for a specific contract, that reqturement will be described in the "Specific
Conchtmns" of the contract specifications
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Defmmons
Cemficate of coverage ("certlficate")-A copy of a certificate of insurance, a
eemfieate of authority to selfqnsttre 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
entlty's employees provldmg services on a project, for the duration of the
project
Duration of the project - includes the time from the begmmng of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted chrectly with the contractor and regardless of whether
that person has employees Tins includes, without hnutataon, ,ndependent
contractors, subcontractors, leasing compames, motor earners, owner-
operators, employees of any such entity, or employees of any entity whmh
furmshes persons to prowde services on the project "Services" include,
without hm~tation, prowdlng, hauling, or dehvenng eqmpment or materials,
or providing labor, transportation, or other service related to a project
"Services" does not include acawtles unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and dehvery of portable
toilets
B The contractor shall provide coverage, based on proper repomng of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory reqmrements of Texas Labor Code,
SeeUon 401 011(44) for all employees of the Contractor providing services
on the project, for the duration of the project
C The Contractor must prowde a certaficate of coverage to the governmental
entity prior to being awarded the contract
D If the coverage period shown on the contractor's current certfficato of
coverage ends dunng the duration of the project, the contractor must, prior to
the end of the coverage period, file a new cemficate of coverage with the
governmental entaty showing that coverage has been extended
E The contractor shall obtain from each person provldang servaces on a project,
and provade to the governmental entaty
(1) a certificate of coverage, prior to that person begannmg work on the
project, so the governmental entity wall have on file certificates of
coverage showing coverage for all persons provadlng serrates on the
project, and
(2) no later than seven days after receipt by the contractor, a new certificate
of coverage showing extensaon of coverage, af the coverage period
shown on the current certificate of coverage ends dunng the duration of
the project
F The contractor shall retain all reqmred certfficates of coverage for the
durataon of the project and for one year thereafter
G The contractor shall notify the governmental entity an wntang by cemfied
marl or personal dehvery, w~thm 10 days after the contractor knew or should
have known, of any change that matenally affects the provasaon of coverage
of any person promdmg serrates on the project
H The contractor shall post on each project s~te a notme, m the text, form and
manner prescnbed by the Texas Workers' Compensataon Commassaon,
mformmg all persons provadmg serrates on the project that they are reqmred
to be covered, and stating how a person may verify coverage and report lack
of coverage
I The contractor shall contractually reqmre each person wath whom at contracts
to promde serrates on a project, to
(1) provade coverage, based on proper repomng of classfficatmn codes and
payroll mounts and filing of any coverage agreements, wluch meets
the statutory mqmrements of Texas Labor Code, Sectaon 401 011(44)
for all of ats employees promdmg servaces on the project, for the
duration of the project,
(2) provade to the contractor, pnor to that person beglrmmg work on the
project, a certtficate of coverage showing that coverage as being
provaded for all employees of the person provathng servaces on the
project, for the duratmn of the project,
(3) provide the contractor, prior to the end of the coverage period, a new
certfficate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends dunng the
duratmn of the project,
(4) obtmn 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
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the pro] ect,
(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 marl 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 provlchng 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
J By signing tlus contract or provlchng 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 mounts, and that all coverage agreements will be filed with the
appropriate insurance carnet or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation Provlchng false or
mlsleachng mformat~on may subject the contractor to admlmstratlve
penalties, erlnunal penalties, clml penalties, or other civil actions
K The contractor's fatlure to comply with any of these provisions Is a breach of
contract by the contractor wluch entitles the governmental entity to declare
the contract void if the contractor does not remedy the breach wltlun ten days
after receipt of notice of breach from the governmental entity
AC_ORD CERTIFICATE OF LIABILITY INSURANCE09/26/01OATE'MM/DD/YYI
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
McQueary Henry Bowles Troy LLP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12700 Park Central Drive ALTER THE COVERAGE APFORDED BY THE POLICIES BELOW
Suite 1700
Dallas, TX 75251 INSURERS AFFORDING COVERAGE
~,su,;o ~,SURER^ Employers Mutual Casualty Co.
Frontier Waterproofing Ins ~NSURsEsCommercial Union Ins. Co.
332 E. Oak ~NSURSEcEMCASCO Ins. Co.
Denton, TX 76201 ,NSUEE~ O
I INSURER E
COVERAGES
THE POUCIE80FINSURANCEiLI~IIED BELOW HAVE I)EEN ISSUED 70 THE INSURED NAMED ABOVE FORTHE POLICYPERIOO INDICATED NOI%NITHSTAND[NG
ANY REQUIREMENT TERM OR CONDITiON OF ANY CONTRACT Q~ OIHER DOCUMENT WITH RESPECT TO WHICH THIS CEFfflFICATE MAY BE I~UED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE pOLICIES DESCRIBED HEREIN 18 8UBJECIK TO ALL THE TI~RMS EXCLUSIONSAND CONDITIQNSOF SUCH
POUCHES AGGREGATE LIMITS ~HOWN MAY HAVE BEEN REDUCED BY PAID CLAIM8
~OLIS¥ EFF EOTIV S PO LI Cy EXPIRATION
LTI~ WPSOF INSURANCE POLICY SU#IB SS DAT~iM )41DD/YYI OATEIM MIS D/YYI
A ~ENERALLIASILITY 1D7803901 11/02/00 11/02/01 SAC.OCCURRENCE $1,000,000
~- COMMERCJALGENERALLIASILll¥ FIREDAMAGE(Any~etire) $100 ~ 000
I CLAIMS MADE[X--] OCCUR MED EXP(Nly O~1, per'O~l) $5 , 000
SESSO~^L &AOV ,~,UE~ $1, 000, 000
-- GENERAL AaGREaATE $2,000,000
SEN LASGRE~iATSLIMITAPPLIESRER 'RODUCTS COMP/O,^SS $2 ~ 000,000
~ R)UCYF~ ~T ~LO0
C AUTOMOSILELIABILIW 1E7803901 11/02/00 11/02/01 COMSINED$1NOLELIMiT $1 , 000 , 000
A aX~SSUAS~UW 1J7803901 11/02/00 11/02/01 EACROCCURRENCE $5,000,000
xm oo0uR [] OLA(MS ~RDE A6~IRi6ATE $5 , 000 , 000
$
R~S,TIO, S101000 $
A WOS~EaSCOaPS,SA,,O,^.O 1~7803901 11/02/00 11/02/01 X ITOaVUMI~SI
EMPLOYERS LIASlLIW EL EAOHACOIDENT $500 , 000
it DIS~^S~ ~VR~¥E~ $500, 000
EL DISEASE FOLICYLIMIT $500 ~ 000
B o..s. Contractors gRR621764 11/02/00 11/02/01 Leased/Rented $50,000
Equipment Deductible $1,000
DESCRIPTION OF OPERATIONS/LOSATION$/¥ ESICLES/EXCLUSIONS ADD ED BY EN DOSS EM ENT/SPECIAL PROVISIONS
Re: Painting of Service Center and vehicle Maintenance Building, B~d #2691
- The City of Denton, its Officials, Agents, Employees and volunteers are
n~ed as add[tonal [nsureds on the liability policies of the insured but
only with respect to and to the extent of the l~abll[t[es assumed by the
(See Attached Descriptions)
CERTIFICATE HOLDER I I ADOlllONAUNSU~EDIINsuRER LsTrER CANCELLATIQN
SHOULD ANYOFTH E ABOVE DESCRIBED retiClES S ECANSEL LED SEFORE T~IS EXPIRATION
C~ty of Denton DATETHEREDFTHEiSSUtN0ilNSURERWlLL~0,~I]i~g[MAiLQ.('J DAYSWRITEEN
901B Texas Street NOTICETOTHECERTIFISATEHOLDERNAMEDTOTHELEFT]II~I~9~;)[:~{;~L~X
Denton, TX 76201
ACOROZES(?/~)i of 3 #M35305 ' JMC eACORDCORPORATION1BE8
IMPORTANT
ff the cert~cate holder ~s an ADDmONAL INSURED, the po~lcy0es) must be endorsed Astatement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may
require an endorsement A statement on this certificate does not confer nghts to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
'l~e Certlflcate oflnsuranse on the reverse aide of thisferm doesnot constitute a contract between
the Iseuihg insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
ACORn2~ S(7/Sl)2 o'F 3 ~f1~35305
DESCRIPTIONS (Continued from Page 1)
~nsared under thzs contract. Thzs znsurance zs primary to any other
insurance available to the additional insured with respect to claims
covered under the pollcy and this insurance applies separately to each
insured against whom claim is made or suit is brought. Waiver of
subrogation zs applied in respects to Workers Compensation.
The followlng Cancellation Clause replaces the standard Accord
Cancellation Clause seen on page 1 of the Accord Certzfzcate of Insurance:
Said pollczes shall not be cancelled, nonrenewed or materzally changed
without 30 days advanced written notzce being gzven to the Owner (City)
except when the policy is being cancelled for nonpayment of premium zn
which case 10 days advance written notice is required.
AMS2~S(O?/ST) ............. 3 off 3 ~M~'5'~'0'5 .....................