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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