2001-288 O =ANCENO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR PUBLIC WORKS FOR MISCELLANEOUS AND/OR ONE TIME
CONSTRUCTION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2693 - INDEFINITE QUANTITY CONTRACT
(TERM) GENERAL CONSTRUCTION AWARDED TO PATTON CONTRACTORS, INC,
DALLAS, TX FOR AN ESTIMATED ANNUAL EXPENDITURE UP TO $750,000)
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 orchnances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competative bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
~ER CONTRACTOR AMOUNT
2693 Patton Contractors, Inc $750,000
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person subrmttlng the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notlce to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and ~mprovements as authorized here~n, the City Councd
hereby authorizes the expenchtum of funds m the manner and ~n the amount as specified ~n such
approved b~ds and authorized contracts executed pursuant thereto
SECTION V That th~s orchnance shall become effecnve ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED th~s the c-~/~-~" day of ~u~, ~I~
EULINE BROCK, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L, ~ROLrrY, CITY ATTORNEY
2693 - CO [AL ORDINANCE
ATTACHMENT 1
TABULATION SHEET
BID # 2693 Date 7/31/01
INDEFINITE QUANTITY (TERM) CONTRACT GENERAL CONSTRUCTION
No QtyI oi~SCR!PT!ON VENDOR VENDOR VENDOR VENDOR
OWEN
PA'I-TON VAUGHAN AVALON GENERAL COMMERCIAL
~ CONTRACTORS CONSTRUCTION CONTRACTORS CONSTRUCTION
: INC INC INC
Principle Place of Business DALLAS, TX DALLAS, TX CARROLLTON, TX DALLAS, TX
BASE BID - NORMAL
-17% +20% -10 5% +1%
1 WORKING HOURS
BASE BID - AFTER
-17% +45% +25% +3%
2 HOURS
OPTION YEAR 1 -
NORMAL WORKING -17% +25% -10 5% +3%
3 HOURS
OPTION YEAR 1 - .17% +50% +25% +$%
4 AFTER HOURS
OPTION YEAR 2 -
NORMAL WORKING -17% +30% -10 5% +2%
5 HOURS
OPTION YEAR 2 - -17% +55% +25% +3%
6 AFTER HOURS
ADDENDUM 1 & 2 YES YES YES YES
7
BID BOND YES YES YES YES
8
3
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT $UNE 29, 2001
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21~t day of August
A D, 2000, by and between City of Denton of the County of Denton
and State of Texas, actmg through Michael A Conduff thereunto duly authorized
so to do, heremafter termed "OWNER," and
Patton Contractors, Inc
1200 Mmn Street, Suite 710
Dallas, TX 75202
of the City of Dallas., County of .Dallas and State of Texas , hereinafter termed
"CONTRACTOR"
Bid 2693- Indefimte Quantity (Term) Contract- General Construction
WITNESSETH That for and ~n cons~derauon of the payments and agreements
heremafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified m each delivery order and all extra
work m 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,
machmery, equipment, tools, superintendence, labor, msurance, and other accessories and
services necessary to complete the work specified above, m accordance with the conditions and
prices stated m the Proposal and the Performance and Payment Bonds, attached hereto, and m
accordance with all the General Condmons of the Agreement, the Special Conthnons, the
Nonce to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herem
and on file in the office of the Purchasing Agent, and ~n accordance w~th 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
City of Denton Staff
all of which are referenced hereto and made a part hereof and collecnvely evidence and
constitute the entire contract
CA-1
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT JUNE 29, 2001
INDEPENDENT STATUS
It as mutually understood and agreed by and between City and Contractor that
Contractor as an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of ,ncome tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have superwslon and control of Contractor or any employee
of Contractor, and at as expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general d~recUon of the City Manager
of the City of Denton, Texas, or his designee under th~s agreement
INDEMNIFICATION
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or habthty of any kand whatsoever, by reason of injury
to property or ttnrd persons occasaoncd by any error, omission or negligent act of Contractor,
its officers, agents, employees, anvltees, and other persons for whom it as legally hable, with
regard to the performance of thas Agreement, and Contractor wall, at its cost and expense,
defend and protect the Caty 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 he m 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 m written notice to commence work and complete all work
wathm the tune stated m 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 m the Proposal, which forms a part of this contract, such payments to be subject to the
General and Specml Condataons of the Contract
CA - 2
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT JUNE 29, 2001
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written
(SEAL)
ATTEST
CONTRACTOR
Dallas, Texas 75202
MAILING ADDRESS
(214) 752-2539
PHONE NUMBER
(214) 752-0574
FAX NUMBER
/// ~ TITLE
APP~ a,=ff N,-ql 1: pr~qdant
PRINTED NAME
(SEAL)
CIT~~T~EY CA - 3
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTBakCT JUNE 29, 2001
PERFORMANCE BOND
BOND#266148
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Poi;ton Contractors. Inc
whose address lS, 1200 Main Street. Ste. 710. Dallas,
hereinafter called Principal, and, imnlnwr~ Miit*lal f:.aquall'v ('r~rnr~anw
a corporataon orgamzed and exlstm~ ufider the laws of the Stake-o-fr i fia , and
fully authorized to transact busmess m the State of Texas, as Surety, are held and firmly bound
unto the City of Denton, a mumclpal corporat~nn organized and existing under the laws of the
State of Texas, hereinafter called Owner, in the penal sum of On~ 14~mrl~'~d Thru!sand P~ nn/~ 00
DOLLARS ($ 100,000 00 ) plus ten percent of the stated penal sum as
an additional sum of money representing additional court expenses, attorneys' fees, and
hqudated damages ansmg out of or connected with the below identified Contract, m lawful
money of the United States, to be paid m Denton County, Texas, for the payment of which
sum well and truly to be made, we hereby b~nd ourselves, our heirs, executors, admlmstrators,
successors, and assigns, jomtly and severally, firmly by these presents Th~s Bond shall
automat~cally 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 this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2001-288, with the
City of Denton, the Owner, dated the 21~t day of August A D 2001, a copy of
which is hereto attached and made a part hereof, for Bid//2693 City of Denton, Indefimte
Quantity (Term) Contract General ConstmcUon
NOW, THEREFORE, ff the Principal shall well, truly and faithfully perform and fulfill all of
the undertakmgs, covenants, terms, conditions and agreements of sa~d Contract in accordance
with the Plans, Specifications and Contract Documents dunng 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 bemg hereby waived, and, if the Principal
shall repair and/or replace all defects due to faulty materials and workmanship that appear
w~thm a period of one (1) year from the date of final compleUon and final acceptance of the
PB-1
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT JUNE 29,2001
Work by the Owner, and, if the Prlnmpal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
here~n and shall fully reimburse and repay Owner all outlay and expense whmh the Owner may
incur ~n malong good any default or deficiency, then this obligation shall be void, otherwise,
shall remmn in full force and effect
PROVIDED FURTHER, that if any legal action be filed upon tfus Bond, exclusive
venue shall lie 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 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 ~ts obligation on this Bond,
and ~t does hereby waive not,ce of any such change, extension of time, alteration or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~hcat~ons, Drawings, etc
Tfus Bond is g~ven pursuant to the prowsmns 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 is hereby designated by the Surety hereto as the
Resident Agent in Denton County to whom any reqms~te nottces may be dehvered and on
whom service of process may be had m matters arising out of such suretysfup, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed ~n 4 copies, each one of
which shall be deemed an original, this the 11th day of September ,
ATTEST PRINCIPAL
SECRETARY 0 BY
~ifR~ii~NTu
MAIY JA~tE I~TEN
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT J1JNE 29, 2001
The Resident Agent of the Surety an Denton County, Texas for dehvery of notice and servtce
of the process m
NAME Lucien Wright Insurance Agency
STREET ADDRESS 1200 W Freeway, Suite 200, Fort Worth, Texas 76102
(NOTE DateofPerformanceBondmustbedateofContract IfReslflentAgentlsnotacorporatlon, glvea
person*s name )
PB - 2
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT XUNE 29, 2001
BOND#S266148 PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That, patton Contractors, Inc
whose address is, 12_n0 M~,n ~t-~-~t'.: ,qt'.~. 710. Dallas. Texas 75202
hereinafter called Principal, and Fmployer. s Mutual Casualty Company ,
a corporation organized and exmtmg under the laws of the State of Iowa , and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mumopal 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 Thousand & 00/100 ................... DOLLARS
($ 100.nnn_no ) ~n lawful money of the United States, to be paid in Denton,
County, Texas, for the payment of wtuch sum well and truly to be made, we hereby b,nd
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents This Bond shall automatmally be mcreased by the amount of any
Change Order or Supplemental Agreement wfuch increases the Contract price, but m 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 ~s conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2001-288 , with
the C~ty of Denton, the Owner, dated the 21st day of August A D 2001 , a copy
of which m hereto attached and made a part hereof, for Bid g2693 City of Denton, Indefinite
Quantity (Term) Contract General Constructaon
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and clatmants
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 wmved, then this obhgat~on
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the sa~d Surety, for value received, hereby
st, pulates and agrees that no change, extension of tune, alteration or addmon 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 m anywise affect its obligation on this Bond,
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT JUNE 29, 2001
and ~t does hereby wmve nouce of any such change, extenston of t~me, alteration or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficaUons, Drawings, etc
Thru Bond is gxven 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 desxgnated by the Surety hereto as the
Resxdent Agent m Denton County to whom any reqms~te notices may be delivered and on
whom serwce of process may be had m matters arising out of such suretyship, as provided by
Amcle 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, this mstrument is executed ~n 4 copies, each one of
which shall be deemed an original, this the 1 lth day of September 2001,
ATTEST PRINCIPAL
BY
SECRETARY BY ~~
ATTEST SURETY
· 24;O /J-IN*ACT
MARY dANE WOOTEN
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and serwce
of the process is
NAME LUCIEN WRIGHT IN~IIRANO.~ AflFN£Y
STREETADDRESS 1200 W Freeway. Suite 200. Fort Worth, Te×a~ 76102
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent rs not a
corporatton, gtve a person's name)
EMC Insurance Compames No,453390
P O Box 712 · Des Moines, lo~va 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
(NOW ALL MEN BY THESE PRESENTS, that
Employers Mutual Casualty Company, an iowa Corporation 5 Dakota Rte Insurance Company, a North Dakota Corporation
2 EMCASCO insurance Company, an Iowa Corporation 6 EMC Property & Casualty Company, an lows Corporstion
3 Umon Insurance Company of Providence, an Iowa Corporation 7 The Ham~tton Mutual insurance Company, an Ohio Corporatmn
4 IlI~no~s EMCASCO Insurance Company, an Illinois Corporation
hereinafter refen'ed to severally as"Company" and collectively as "Companies" each does by these presents make consbtute and appoint
.ISA L SMITH, CARROLLW COLLINS, MARY JANE WOOTEN, SHIRLEY CARPENTER, TAMMY MILLER, INDIVIDUALLY,
FORT WORTH, TEXAS
Its true and lawfui attorney m fact w~th full power and authonty conferred to sign seal and execute ~ts lawful bonds unde¢(aklngs and other obhgatory instruments of a
s~mllar nature as follows
IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS ($10,000 000 00)
and to brad each Company thereby as fully and to the same extent as ~f such instruments were s~gned by the duly authonzed officers of each such Company and alt of
the acts of sa~d attorney pursuant to the authon[y hereby g~ven are hereby ratified and confirmed
The authority hereby granted shall expire April 1,2002 unless sooner revoked
AUTHORITY FOR POWER OF ATTORNEY
Th~s Power of Attorney is made and executed pursuant to and by the authonty of the follow, ng resolubon of the Boards of D~rectors of each of the Companies at a
regularly scheduled meeting of each company duly called and held ~n 1999
RESOLVED The President and Chief Executive Officer any V~ce President the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authonty to (1) app0~nt attorneys ~n fact and authonze them to execute on behalf of each Company and attach the seai of the Company thereto bonds and
undertakings recognizances contracts of ~ndemndy and other wntlngs obhgatory m the nature thereof and (2) to remove any such attorney m fact at any bme and revoke
the power and authority given to htm or her Attorneys ~n fact shall have power and authordy subject to the terms and [~mltat]ons of the power of attorney ~ssued to them
to execute and deliver on behalf of the Company and to attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and
other wnbngs obligatory ~n the nature thereof and any such instrument executed by any such attorney ~n fact shall be fully and ~n all respects b~ndmg upon the Company
Certd~cabon as to the validity of any power of attorney authorized here~n made by an officer of Employers Mutual Casualty Company shall be fully and m all respects
binding upon this Company The facsimile or mechanically reproduced signature of such officer whether made heretofore or hereafter wherever appeanng upon a
certdied copy of any power of attorney of the Company shall be valid and b~nd~ng upon the Company w~th the same force and affect as though manually affixed
IN '~I.J]'NESS WHEREOF, ~he CemDames have caused these oresents to be signed for each by their officers as shown and the Corporate seals to be hereto affixed th~s
Seals Donald L Coughe~wer
~¢~Coern~aKn~s ~ 3 4 5&6 ~Presldent
........ ~.¢ co o ~,~ ~ % Assistant Secretary
~ .¢,0,% ¢ ff ~>,*o,% % ~~ ¢-¢' ofCompany 1 V~ce Chairman and
~ ' G - - ~ ~ = ¢ ~ CEO of Company 7
~ $ 1863 ~ ~ ]953
SEAL o..¢ %,
On th~s ~ day of _ Ma~h AD 19~ before me a
,.s~"?c% "~su~c ¢~ u~ No ary Pubhc ~n and for the State of Iowa persoqally appeared Bru~ G Kelley and Donald
.~ ...... , ¢ ~ ~,, ~ c~% L Coughennower who being by me du~y sworn d~d say ha they are a~d are known to me
~ ~ ¢ ~ 5 * ' ~ ~ ~ ¢ ~ to be the Chairman President V~ce Chairman and CEO and/or Asststant Secreta~
~ SEAL ~ ~ SEAL ~ ~ SEAL ~ res~cbvety of each of The Companes above that the seals affixed to th~s ~nstrument are
~ ~ ~ ~ ¢¢ ~ the seals of said corporations that said ~nstrume~t w~ s~gned and sealed on behalf o[ each
~,ow~ ~ ~ ~ ~ ~o~s,~ of the Companies by authority of their respectwe Boards of D~rectors and that the satd
' , ' '"'" ' '"""' Bruce G Kelley and Donald L Coughennower as such officers acknowledge the exec¢on
~~ !~I I°f sa'd 'nstrument t° be the v°lunta~ act and deed °f each °f the c°mpan'es
~ ~ My Commission Expires November 1 2002
< ~ ELI~BETH A SCAVO
MY COMMISSION EXPIRES
November 1 2002 Notary Pubhc in and for ,n~ State of I~a
CERTIFICATE
I Dawd L H~xenbaugh Vtce President of the Compames do hereby ced~ that the foregoing resolut~on of the Boards of D~rectors by each of the
March 9, 1999
Companies ~od tb s~ow~r o~AttorDey ~uedpur~uant the e qp~
LtSaL ~mttn,uarro~W Uofl ns, Ma~ Jane women, Shirley Carpenter, I ammy Miller
on behalf of
are true and correct and are st~i[ in ~fi force and effect
In Teskmony Whereof I have subscnbed mY name and affixed the facsimile seal °f each C°mpany th~s/~ dayof
ACORD. CERTIFICATE OF LIABILITY INSURANCE
09/11/2001
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Luclen Wrzght Ins Agency HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1200 West Freeway # 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
Fort Worth, TX 76102-5973 __
~NSURED Patton Contractors, Inc INSURERA BITUMINOUS CASUALTY __
1200 MAIN STREET ~NSURERB TEXAS WORKERS COMP INS FUND __
SUITE #710 ,NSURER C
DALLAS, TX 75202 INSURER[3
1214--752~2539 INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS
pOLICYEFFECTIVE I DATEIMMIOD/YY) 1 LIMITS
~T~
GENERAL LIABILITY [ ' EACH OCCURRENCE $ I t 0 0 0 , 0 0 0
~ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 5 0 f 0 0 0
A CLP3103252H 01/20/01 01/20/02 PERSONAL&ADV,NJUR¥ S1~000,000
-- GENERALAGGREGATE S2~ 000,000
GEN L AGGREGATE LIMIT APPLIES PER PR~O__DUCT$ COMP/DP Aaa $ 2,0 0~0, 0 0 0
'~ POUCY ~] .)P~RQOT ~-] LOC
~ OCCUR ~ CI.AIM$ MADE
EMPLOYERS LIADlUTY TSFl101156 10/27/00 10/27/01 E L EACH ACCIDENT $500,000
BI WC-ONLY COVERS TX EMPLOYEE E~O,SE^SE__~_AEMPLOYEE $500,~000
~ ~ ~IS~S~ POLICY U~T ; S 500, 000
' I
OESCmPTIO. O~ O,E~TIO.S/LOCAX~O.SNaH~CLaSaXCLUS~O"S AD~D aY ENOO~SamE~T/SPaC=AL ,~OWS,O.S
NAME AS ADDITIONAL INSURED THE CITY OF DENTON, ITS OFFICIALS, AGENTS,
EMPLOYEES AND VOLUNTEERS 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 OF THE NAMED INSURED
"SEE ADDEDUM" BID 92693
CERTIFICATE HOLDER I I AOOlTIO~AL INSU.aO INSURS~ L~TTaR ~ CANCELATION
CITY OF DENTON OA*E THe~aO~ THEISSUINe~.SU.E. roLL E.OEAVO~ TO M~,L 30 DAYS
MATERIALS MANAGEMENT DIVISION
ATTN CHRI STY A SKI RCHAK ,MPOSE .o OaUGAT~O. OR UAmL.~ O~ ~.Y ~.D MPG. TH~ ~.SU.E. ~TS AG~.TS
90lB TEXAS STREET REPRESENTATIVES
~ ~' ' ' - ' -'" O ACORD CORPORATION 1988
ACORD 25 S (7197)
ADDEDUM TO CERTIFICATE OF INSURANCE IN FAVOR OF
"CITY DENTON"
TO INCLUDE THE FOLLOWING UNDER "DESCRIPTION OF OPERATIONS/
LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPEPClAL PROVISION" TO
READ AS FOLLOWS
"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"
~FP-14-2[R¢11 1;3 ~1 F'~,nr,,1 TR ~4R '34ci ?~RP p
N~ ~ P~ ~
Name ired AddFess of Cert~cato Hold~ Name o~d Addreos of Aae~t
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINIT~ QUANTITY CONTRACT JUNE 29, 2001
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidders 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
avallabthty of insurance certificates and endorsements as prescribed and provided herein If an apparent
low bidder falls to comply strictly with the insurance requirements, that bidder may be dlsquahfied from
award of the contract Upon bid award, all insurance requirements shall become contractual obhgatlons,
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 hablllties 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 mlmmum 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 m satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained la 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 m 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
· Liability pohcles 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 pohcy 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
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINIT]~ QUANTITY CONTRACT JUNE 29, 2001
All pohmes 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
NONPA~ENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED"
Should any of the required insurance be prowded under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of th~s contract and, w~thout
lapse, for a period of three years beyond the contract expiration, such that occurrences
arising during the contract term which give rise to clmms made after expiration of the
contract shall be covered
Should any of the required insurance be prowded under a form of coverage that ~ncludes a
general annual aggregate hm~t prowd~ng for claims investigation or legal defense costs to be
included m the general annual aggregate hm~t, the Contractor shall e~ther double the
occurrence hmtts or obtain Owners and Contractors Protective Lmbihty Insurance
Should any reqmred insurance lapse dunng the contract term, requests for payments
ongtnatmg after such lapse shall not be processed until the Ctty reeetves satisfactory
ewdenee of reinstated coverage as required by th~s contract, effective as of the lapse date If
insurance ~s not reinstated, City may, at its sole option, terminate th~s agreement effective on
the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance pohetes proposed or obtained an sattsfaetton of thts Contract shall addmonally
comply with the following marked speeffieations, and shall be maintained m eomphanee wtth these
addmonal specifications throughout the duration of the Contract, or longer, If so noted
IX] A General Llablhty Insurance'
General Ltabthty insurance with combined single bmtts 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 m a stngle policy or m a comblnatton of underlying and umbrella or excess
pohmes
If the Commercial General Liability form (ISO Form CG 0001 current etht~on) is used
Coverage A shall include premises, operatmns, products, and completed
operations, independent contractors, contractual liability covenng this contract and
broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Ethtlon and ISO
Form GL 0404) is used, It shall include at least
GENERAL QONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT JUNE 29, 2001
· Bodily ~njury and Property Damage Lmblhty for premises, operations, products
and completed operations, independent contractors and property damage resultxng
from explosion, collapse or underground (XCU) exposures
Broad form contractual habflxty (preferably by endorsement) covering th~s
contract, personal injury habfllty and broad form property damage liability
IX] Automobile Llablhty Insurance
Contractor shall provide Commercial Automobile L~abfl~ty insurance w~th Combined Single
L~mlts (CSL) of not less than $500,000 either m a single pohcy or tn a comb~natmn ofbas~c and
umbrella or excess policies The pohcy will include bodily m3ury and property damage liability
ansmg out of the operation, maintenance and use of all automobiles and mobile equipment used
in conjunction Wl~h this contract
Satisfaction of the above requirement shall be tn 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 ~nsurance which, m addmon to
meeting the mlmmum statutory requirements for ~ssuance of such ~nsurance, has Employer's
Liability hmlts of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 pohcy hm~t for occupational disease The City need not be named as an "Additional
Insured" but the ~nsurer shall agree to wmve all rights of subrogatmn agmnst the City, ~ts 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 prowmons of
Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of
the Texas Worker's Compansatmn Comm~ssion (TWCC)
[ ] Owner's and Contractor's Protective Llablhty Insurance
The Contractor shall obtain, pay for and mamtmn at all t~mes dunng the prosecution of the work
under this contract, an Owner's and Contractor's Proteettve Lmbflity tnsurance pohcy naming the
C~ty as msured for property damage and bodily injury whmh may artse m the prosecutmn of the
work or Contractor's operations under this contract Coverage shall be on an "occurrence"
bas~s, and the policy shall be ~ssued by the same insurance company that carries the Contractor's
hablhty insurance Policy limits will be at least combined bodily injury and property
damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ts 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 C~ty braiding Limits of not less than
each occurrence are required
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT JUNE 29,2001
[ ] Professional Liability Insurance
Professional habfllty insurance with hmlts not less than per claim with respect to
negligent acts, errors or omissions In connectmn w~th professional serwces is required under th~s
Agreement
[ ] Builders' Rask Insurance
Bmlders' R~sk Insurance, on an All-Risk form for 100% of the completed value shall be provtded
Such pohcy shall include as "Named Insured" the C~ty of Denton and all subcontractors as their
mterests may appear
[ ] Addltmnai Insurance
Other ~nsurance may be required on an Individual bas~s for extra hazardous contracts and spemfic
service agreements If such additional insurance ~s reqmred for a specffic contract, that
requirement wall be described in the "Specffic Condtt~ons" of the contract specfficat~ons
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT JUNE 29, 2001
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for Governmental
Enflt~es
A Definitions
Certificate of coverage ("cert~ficate")-A copy of a certificate of insurance, a certificate of
authority to self-insure ~ssued by the commtsston, or a coverage agreement (TWCC-S1,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensatton tnsurance
coverage for the person's or ent~ty's employees providing servtces on a project, for the
duration of the project
Duratton of the project - includes the time from the beginning of the work on the project
until the contractors/person's work on the project has been completed and accepted by the
governmental enttty
Persons prowdtng serwces on the project ("subcontractor" tn §406 096) - includes all
persons or ent~t~es performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted d~reetly w~th the
contractor and regardless of whether that person has employees This mcludes, without
lumtatlon, ~ndependent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such enttty, or employees of any enttty whtch furntshes
persons to provide services on the project "Services" include, without hm~tatton, prowding,
hanhng, or dehvermg eqmpment or materials, or providing labor, transportation, or other
service related to a project "Serwces" does not tnclude activities unrelated to the project,
such as food/beverage vendors, office supply dehvertes, and dehvery of portable toilets
B The contractor shall provtde coverage, based on proper reporting of classification codes and
payroll mounts and fihng of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor
provtdmg services on the project, for the duratton of the project
C The Contractor must prowde a certificate of coverage to the governmental entity prior to
being awarded the contract
D If the coverage period shown on the contractors current certtflcate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certtficate of coverage w~th the governmental entity showtng that coverage has been
extended
E The contractor shall obtain from each person prowdmg servtces on a project, and provtde to
the governmental enttty
(1) a certificate of coverage, prior to that person begtnmng work on the project, so the
governmental enttty will have on file certtficates of coverage showing coverage for all
persons prowd~ng services on the project, and
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFINITE QUANTITY CONTRACT JUNE 29,2001
(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
F The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mall or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the prowslon of coverage of any person providing services on the project
H The contractor shall post on each project site a not,ce, m the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing serwces on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage
I The contractor shall contractually reqmre each person with whom it contracts to provide
services on a project, to
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing 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 beginmng 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) prowde the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extanslon of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project,
(4) obtum 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 project,
(5) retain all reqmred 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 mall or personal dehvery, w~thln
10 days after the person knew or should have known, of any change that materially
affects the prowsion of coverage of any person providing services on the project, and
GENERAL CONSTRUCTION BID #2693 CITY OF DENTON
INDEFiNITE QUANTITY CONTRACT JUNE 29, 2001
(7) contractually require each person with whom ~t contracts, to perform as reqmred by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services
J By s~gnmg this contract or providing or causing to be prowded 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 filed with
the appropriate insurance earner or, in the case of a self-msured, with the commission's
Division of Self-Insurance Regulation Providing false or mlsleadmg information may
subJect the contractor to administrative penalties, criminal penalties, civil penalties, or other
C~vll actions
K The contractor's failure to comply w~th any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void ~f the
contractor does not remedy the breach w~thln ten days after receipt of notice of breach from
the governmental entity
Bid 2693 - City of Denton, Indefinite Quantity (Term) Contract General Construction