2001-307FILE REFERENCE FORM I 2001-307
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Order Number One - Ordinance No. 2002-211 07/16/02 -ff~
Change
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF A RESTROOM AND CONCESSION STAND
FACILITY AT NORTH LAKES PARK, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2690 - NORTH LAKES
SOCCER RESTROOMICONCESSION BLDG, AWARDED TO SENECA CONSTRUCTION,
INC, IN THE AMOUNT OF $339,275)
WHEREAS, the C~ty has sohc~ted, received and tabulated competitive b~ds for the
construction ofpubhe works or unprovements m accordance w~th the procedures of STATE law and
C~ty ordinances, and
WHEREAS, the C~ty Manager or a destgnated employee has recexved and recemmended that
the hereto described bids are the lowest responsible b~ds for the construction of the pubhc works or
unprovements described m the btd mwtat~on, b~d proposals and plans and specrfieat~ons thereto,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S_~ON 1 That the following compettt~ve b~ds for the construction ofpubhc works or
anprovements, as described m the "B~d Inwtat~ons", "B~d Proposals" or plans and specifications on
file m the Office of the C~ty's Purchasing Agent filed according to the b~d number assxgned hem~o, are
hereby accepted and approved as being the lowest responsible bxds
BID
NUMBER CONTRACTOR AMOUNT
2690 Seneca Construction, Inc $339,275
SC~ That the acceptance and approval of the above competmve b~ds shall not
constitute a contract between the C~ty and the person subrmttmg the b~d for construction of such
pubhc works or unprovements hereto accepted and approved, unttl such person shall comply w~th all
reqmrements specified m the Not,ce to B~dders including the tunely execution of a written contract
and furm~hmg of performance and payment bonds, and msurance certrfieate at, er notrficat~on of the
award of the b~d
SI~CTION 3 That the C~ty Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the construction of the pubhc works or unprovements m accordance
w~th the b~ds accepted and approved hereto, proxaded that such contracts are made m accordance
wxth the Not~ce to B~dders and B~d Proposals, and documents relating thereto specifying the terms,
conditions, plans and specflicattons, standards, quantities and specrfied sums contained thereto.
SECTION 4 That upon acceptance and approval of the above compet~tive bids and the
exeeuuon of contracts for the pubhc works and unprovements as authorized hereto, the City Council
hereby authorizes the expenditure of funds m the manner and m the amount as specified m such
approved bids and anthonzed contracts executed pursuant thereto
SECTION 5 That tins ordinance shall become effective wamedmtely upon its passage and
approval
PASSED ANDAPPROVEDtbasthe 4~-~ dayof~d~**2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
o
ATTACHMENT 1
TABULATION SHEET
BID # 2690 Date 8/2/01
NORTH LAKES PARK SOCCER RESTROOM/CONCESSION BUILDING PROJECT # 2
N° ] Qt¥ I DESCRIPTION VENDOR VENDOR VENDOR
SENECCA
DBR CONTRACTING, THATEN
i' CONSTRUCTION INC
Pnnc~ple Place of Bus~ness DENTON,TX DENTON, TX DENTON, TX
1 GRAND TOTAL BASE BID $387,586 $335,275 $369,339
ADDENDUM 1 YES YES YES
2
BID BOND YES YES
3 YES
4 BID ALTERNATE
1) POST TENSION
$5,000 $4,000 ($2,000)
FOUNDATION
2) STANDING SEAM ROOF $23,000 $7,500 $9,700
3) DESERT WILLOW- 10
EACH $4,009 $5,500 $4,010
4) DEDUCT SANITARY
SEWER LIFT STATION ($19,000) ($10,000) ($16,800)
5) DEDUCT SANITARY
SEWER LINE ($12,ooo) ($6,500) ($12,360)
3
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered ~nto this 4 day of September A D,
2001, by and between C~ty of Denton
of the County of Denton and State of Texas, acting through
thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Seneca Constructmn Inc.
PO Box 1470 / 2513 East Mcl(mney
Denton. TX 76202-1470
of the City of Denton , County of Denton
and State of Texas , hereinafter termed "CONTRACTOR"
WlTNESSETH That for and m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
B~d 2690 - North Lakes Soccer Restroom/Concessmn Bldg.
in the amount of __$339_2.Z5_ and all extra work ~n 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, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, m accordance with the contht~ons and prices stated in the Proposal attached hereto, and
~n accordance w~th all the General Conditions of the Agreement, the Special Conditions, the
Not~ce to Bidders (Advertisement for B~ds), Instructions to B~dders, and the Performance and
Payment Bonds, all attached hereto, and in
CA - 1
accordance wtth the plans, which includes all maps, plats, bluepnnts, and other drawtngs and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
Mesa Design Group
all of whmh are made a part hereof and collectavely evidence and constitute the entire contract
Independent Status
It as mutually understood and agreed by and between Caty and Contractor that
Contractor as an independent contractor and shall not be deemed to be or considered an
employee of the Caty of Denton, Texas, for the purposes of income tax, wathholdlng, socaal
security taxes, vacataon or sack leave benefits, worker's compensation, or any other Caty
employee benefit Caty shall not have supervasaon and control of Contractor or any employee
of Contractor, and it as expressly understood that Contractor shall perform the services
hereunder accordmg to the attached specaficatlons at the general dtrecUon of the Caty Manager
of the City of Denton, Texas, or has designee under this agreement
Indemmficatton
Contractor shall and does hereby agree to tndenmtfy and hold harmless the Ctty of
Denton from any and all damages, loss, or habdlty of any kmd whatsoever, by reason of injury
to property or third persons occasioned by any error, omasston or neghgent act of Contractor,
ats officers, agents, employees, mvatees, and other persons for whom at is legally hable, wath
regard to the performance of th~s Agreement, and Contractor wall, at its cost and expense,
defend and protect the Caty of Denton agamst any and all such claims and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for ats
construction and enforcement shall he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written notace to commence work and complete all work
within the tune stated m the Proposal, subject to such extensaons of tune as are provaded by the
General and Spemal Condataons
The OWNER agrees to pay the CONTRACTOR tn current funds the price or prices
shown in the Proposal, whmh forms a part of thas contract, such payments to be subject to the
General and Special Condtttons of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed th~s agreement
~n the year and day first above written
(SEAL)
ATTEST/j~
CONTRACTOR
MAILING ADDRESS
q4-o- S(~ S-t
PHONE NUMBER
q4~-Sgz -ooso
FAX NUMBER
BY
TITLE
APPROVED AS~ FO~ PmNTED NAME
C~~ (SEAL)
CA - 3
BASE BID
o0
Base Bad Item No 1 - Gradlng/Survey/Demohtlon Dollars ($
00
Base Bad Item No 2 - Concrete Site Work Dollars ($
Base Bid Item No 3 - L~dscape Dollars ($
o6
Base B~d Item No 4 - ~ch~tecture Dollars ($~ 6 00 ~ )
0o
Grand TotM Base Bid Dollars ($3~
Bid Alt Items ~G~ Doll.s (~ S
O0
Grand Total Base B~d w~ Alternates Dollars ($
UNIT COST
In thc event that greater or lesser amounts of work are rcqmred, thc unit prmcs will apply Unit prices cover
thc cost of work and materials in place, m¢luchng all materials, equipment, labor, taxes, maintenance, and
guarantee based on the enclosed plans and spemficatlons Unlt prices will hold for six months after final
acceptance
Officer's
Signature
~n~a,c~go ~. tg4-:7 0
Address Typed or Pnnted Name
City, State, Z~p Date
Telephone
BID IT~¥~ NO 3 - ~SCAPIg see skeet 1
No Ceamaato£
S~TOT~ am r L~ No ~ s >~oo~
BID ALT 1T~V~$
No ~13'actor Unit
~.. I._ ~t~=,~,Lm~,~ .. ~s ,.10~000/ '~10~000~
BID ITEM NO 1- GRADING / SURVEY / DEMOLITION see sheets DM-01, GR-01
Item
No Con~xactor's ~Total
Quantity Description Umt Umt
Cost~.~
1 Stockptle& grade native topsotl C Y J $
3 J~emontmn & re{n3~5~post and L S $
cabl ~~
4 / '~g~mfied Survey L 8 $
~g~BTOTAL BID ITEM NO 1 $
BID ITEM NO 2 - CONCRETE SITE WORK see sheets LA-01, LC-01
Item
No Con. actor's Unit~ta
Quaat~t7 Description Umt Cost .~ I
10' Concrete walk (6" thick), hght S F ~ $
1
br°°mfim~h ,~ .[ ~ I '~
SF $
broom fim~h [* ~
3 SpeWing S F $
~~OT~ BID ITEM NO 2 $
BID ITEM NO 3 - LANDSCAPE see sheet LA-01
Item ~
No Con~xactor's ~ [ ~
(~uant~ty Descnpt~o~n [ Un!.L~ .---"'~Uost Total
1 BermudaHydrom~/c' ~ ~"~F $
~S~ID ITEM NO 3 $
BID ITEM NO - ARCHITECTURE see sheet A-03
Item ][jaiL..... ~-
No Conlractor's
~ Total
Quant* Descnptmn ~,~t~ ~ Un
t r 72.:.~ ~L S $
1 Concession building /
I
i~NO 4 $
BID ALT ITEMS
Item
No Contractor's Unit
Quanttty Descnptton Unit Cost ~ Total
1 Post Tensxon Foundation for L S ~ $
Concession Building - all tesmag, ~ I ~.
design, specs, and installation tolb~ ~
provided by contractor a /L r~
2 Standing Seam Roof~,,~ L S $
3 De~.~Wnlow ~A $
ID ALT ITEMS $
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Seneca Construction: Inc.
whose address is po Box 1470 2513 East McKmney, Denton, TX 76202-1470 ,
hereinafter called Principal, and
a corporation orgamzed and existing under the laws of the State of Ymyl,ard , and
fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound
unto the City of Denton, a municipal corporatmn organized and existing under the laws of the
State of Texas, hereinafter called Owner, in the penal sum of Three Hundred Thirty Nine
Thousand Two Hundred Seventy. F~ve and no/100 DOLLARS ($~) plus ten percent of
the stated penal sum as an additional sum of money representing additional court expenses,
attorneys' fees, and liquidated damages arising out of or connected with the below Identified
Contract, m lawful money of the Umted States, to be paid in Denton County, Texas, for the
payment of whmh sum well and truly to be made, we hereby bind ourselves, our he~rs,
executors, admimstrators, successors, and assigns, jointly and severally, firmly by these
presents This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered Into a certain Contract, identified by Ordinance Number
with the City of Denton, the Owner, dated the 4 day of September A D
a copy of which is hereto attached and made a part hereof, for
Bid 2690 - North l.akes Soccer Restroom/Concesslon Bldg.
NOW, THEREFORE, If the Prmcipal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of sam Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof whxch may be granted by the Owner, with or without not~ce
to the Surety, and during the hfe of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conthtions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby wmved, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a permd of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully remaburse and repay Owner all outlay and expense which the Owner may
incur In makmg good any default or deficiency, then this obhgatmn shall be void, otherwise, it
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that ff any legal actton be filed upon th~s Bond, exclustve
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the satd Surety, for value recetved, hereby
sttpulates and agrees that no change, extenston of tune, alteranon or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spectficattons,
Drawings, etc, accompanying the same, shall m anywtse affect ~ts obhgatton on thts Bond,
and ~t does hereby watve nottce of any such change, extenston of t~me, alteratton or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spectficat~ons, Drawings, etc
Thts Bond ts gtven pursuant to the provts~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and destgnated agent ts hereby designated by the Surety herem as the
Restdent Agent m Denton Cotmty to whom any reqms~te nonces may be dehvered and on
whom servtce of process may be had m matters anstng out of such suretyshtp, as provtded by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Ctvd Statutes of the State of Texas
IN WITNESS WHEREOF, thts instrument ts executed tn 4 coptes, each one of
which shall be deemed an original, th~s the 4 day of September , 2001.
ATTEST PRINCIPAL
ATTEST SURETY
ATTORNEY-IN-FACT
S t;a¢~. Gross
The Resident Agent of the Surety m Denton County, Texas for dehvery of not,ce and serrate
of the process ts
NAME PCL Agency
STREET ADDRESS 206 Elm Str~ot Smta 105: Lew~_swlle~ TX 75067
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Seneca Construction Inc.
whose address is PO Box 1470 2513 Bast Mcl(mney, Denton, TX 76202-1470
hereinafter called Principal, and Umm:l Stat. es kSdel~W & OaarmW ca:hi:a3'
a corporation organized and existing under the laws of the State of Yarylarrl , and fully
authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or improvements hereinafter referred
to, in the penal sum of Three Hundred Thirty Nme Thousand Two Hundred Seventy Five and
no/100 DOLLARS ($~) in lawful money of the United States, to be prod in Denton,
County, Texas, for the payment of which sum well and truly to be made, we hereby bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents Th~s Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which 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 con&t~oned as follows Whereas, the
Prmmpal entered into a certain Contract, ldentffied by Ordinance Number 2001-307 ,
with the City of Denton, the Owner, dated the 4 day of September
A D 2001 a copy of which is hereto attached and made a part hereof, for
Bid 2690 - North Lakes Soccer Reatroom/Concesslon Bldg.
NOW, THEREFORE, ff the Prmmpal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material m the prosecution of the Work provided for ~n smd Contract
and any and all duly authorized modlficatlons of said Contract that may hereafter be made,
not~ce of which modifications to the Surety bemg hereby expressly waived, then this obhgatlon
shall be void, otherwise it shall remain m full force and effect
PROVIDED FURTHER, that ff any legal action be filed on this Bond, exclusive venue
shall he in Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
mpulates and agrees that no change, extensmn of tune, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficatmns,
Drawings, etc, accompanying the same, shall m anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of tune, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB - 3
This Bond is g~ven pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent In Denton County to whom any requisite notices may be dehvered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed m 4 copies, each one of
which shall be deemed an original, this the 4 day of September , 2001
ATTEST PRINCIPAL
SECRETARY I BY
PRESIDENT
ATTEST SURETY
~~ O~/z~12~ ttatecl S~s Fx~ekty & Oaarmty Can[x~
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for dehvery of notice and service
of the process is
NAME RL ,~mey
STREET ADDRESS 206 Elm Straet 8mta 105, Imamalle, ~X 75067
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporatton, give a person's name )
PB - 4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attention ts d~rected to the insurance requtrements below It ts htghly recommended
that bidders confer with thetr respective tnsurance carriers or brokers to determtne tn
advance of Btd submtsston the avatlabdtty of tnsurance certtftcates and endorsements as
prescribed and provided herem If an apparent low btdder fads to comply strictly wtth the
msurance requtrements, that bidder may be dtsqualtfied from award of the contract Upon
btd award, all tnsurance requtrements shall become contractual obhgattons which the
successful btdder shall have a duty to matntatn throughout the course of this contract
STANDARD PROVISIONS
Without hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor
shah provide and rnatntatn unttl the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtntmum insurance coverage as tnchcated heremafler
As soon as practtcable after nottficatton of bid award, Contractor shall file wtth the
Purchastng Department satisfactory certtficates of msurance, contatnmg the bid number and
title of the project Contractor may, upon wrttten request to the Purchastng Department, ask
for clanficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly
advtsed to make such requests prtor to btd openmg, since the msurance requtrements may not
be modified or watved after btd openmg unless a written exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any material untd he or she
recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of
Denton
All msurance pohctes proposed or obtamed tn sattsfactton of these requtrements shall comply
wtth the followtng general spectficattons, and shall be mamtamed tn comphance w~th these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be issued by a company authorized to do bus~ness ~n the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-msured retentions shall be declared ~n the b~d proposal If
requested by the City, the insurer shall reduce or ehmmate such deductibles or
self-msured retentions with respect to the C~ty, ~ts
officmls, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related mvemgatmns, clmm admm~stratmn and
defense expenses
· Liability pohcles shall be endorsed to provide the following
** Name as addmonal 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 clmms covered under the policy and that
this ~nsurance applies separately to each insured agmnst whom clann ~s made
or suit is brought The lnclusmn of more than one insured shall not operate
to increase the insurer's lm~lt of hab~hty
· All pohcles shall be endorsed to READ
· "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
· Should any of the reqmred ~nsurance be provided under a form of coverage that
includes a general annual aggregate hmlt providing for claans ~nvest~gatlon or legal
defense costs to be included m the general annual aggregate limit, the Contractor
shall exther double the occurrence hmlts or obtain Owners and Contractors
Protective Llablhty Insurance
· Should any reqmred ~nsurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the C~ty receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance ss not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall ad&ttonally
comply with the followtng marked spectficat~ons, and shall be mamtatned tn comphance wtth
these ad&ttonal spec~ficattons throughout the duratton of the Contract, or longer, tf so noted
IX] General Llabihty Insurance.
General L~ablhty insurance w~th combined single lurers of not less than $500:000
_shall be provided and maintained by the Contractor The policy shall be written
on an occurrence basis either m a single pohcy or m a combmatton of underlying
and umbrella or excess pohcles
If the Commercial General Liability form (ISO Form CG 0001 current edttlon) is
used
· Coverage A shall include premises, operations, products, and completed
operauons, independent contractors, contractual liability covering th~s
contract and broad form property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edmon
and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
· Bodily tnjury and Property Damage L~abfltty for premises, operattons,
products and completed operaUons, ~ndependent contractors and property
damage resulting from explosmn, collapse or underground (XCU)
exposures
· Broad form contractual habfl~ty (preferably by endorsement) covering th~s
contract, personal injury hab~hty and broad form property damage
habfl~ty
[Xl Automobde L,ab,hty Insurance
Contractor shall prowde Commercial Automobile L~abd~ty ~nsurance w~th Combined
S~ngle Lurers (CSL) of not less than $300,000 e~ther ~n a single pohcy or m a
combmatton of basic and umbrella or excess policies The pohcy w~ll include boddy
~njury and property damage habfi~ty arising out of the operation, maintenance and use
of all automobiles and mobile eqmpment used m conjuncUon with this contract
SaUsfactlon of the above reqmrement shall be m the form of a pohcy endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and matnta~n Worker's Compensation insurance which, in adthtlon to
meeting the minimum statutory requirements for ~ssuance of such insurance, has Employer's
Llabthty ltmlts of at least $100,000 for each acmdent, $100,000 per each employee, and a
$500,000 policy lima for occupational disease The C~ty need not be named as an "Addmonal
Insured" but the insurer shall agree to wmve all rights of subrogatmn agatnst the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured For building or constmct~on projects, the Contractor shall comply w~th the provisions
of Attachment 1 in accordance with §406 096 of the Texas Labor Code and role 28TAC
110 110 of the Texas Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Llabdlty Insurance
The Contractor shall obtain, pay for and mamtmn at all tames dunng the prosecution of the
work under thxs contract, an Owner's and Contractor's Protectave Lmbthty insurance pohcy
nammg the City as msured for property damage and bodily injury whmh may arise in the
prosecution of the work or Contractor's operations under thts contract Coverage shall be on an
"occurrence" bas~s, and the pohey shall be ~ssued by the same insurance company that carries
the Contractor's habthty insurance Pohcy hm~ts will be at least combined bodily tnjury
and property damage per occurrence w~th a aggregate
[ ] Fire Damage Legal Llablhty Insurance
Coverage is reqmred ff Broad form General L~ablhty ts not promded or ts unavadabte to the
contractor or ff a contractor leases or rents a portaon of a Ctty bmldtng L~m~ts of not less than
each occurrence are reqmred
[ ] Professional Llablhty Insurance
Professional hablhty insurance w~th hm~ts not less than per clmm w~th respect to
negligent acts, errors or omissions m connectaon w~th professional serwces ts reqmred under
th~s Agreement
[ ] Budders' R~sk Insurance
Budders' Risk Insurance, on an All-Rtsk form for 100% of the completed value shall be
prowded Such pohcy shall include as "Named Insured" the C~ty of Denton and all
subcontractors as thetr interests may appear
[ ] Addltaonal Insurance
Other ~nsurance may be required on an tnd~vldual basts for extra hazardous contracts and
specfftc sermce agreements If such addmonal tnsurance ~s reqmred for a specific contract,
that reqmrement will be described m the "Specific Condttmns" of the contract spec~hcataons
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction ProJects for
Governmental Entities
A Definitions
Certificate of coverage Ceertlficate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation msurance coverage for the person's or entlty's employees
providing services on a project, for the duration of the project
Duration of the project - includes the tune from the beginning 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" m §406 096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees
This includes, without lmutation, independent contractors, subcontractors, leasmg
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or dehvermg
equipment or materials, or providing labor, transportation, or other service related
to a project "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage
ends during the duraUon of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showmg
coverage for all persons providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certfficate of coverage ends during the duration of the project
F The contractor shall retain all required certificates of coverage for the duraUon of
the project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mall or
personal dehvery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
prowdmg services on the project
H The contractor shall post on each project site a notice, In the text, form and manner
prescribed by the Texas Workers' Compensation Commission, mformmg all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage
I The contractor shall contractually require each person with whom it contracts to
prowde services on a project, to
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filmg of any coverage agreements, which meets the
statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of
ItS employees providing services on the project, for the duration of the
project,
(2) provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person provtdmg services on the project, for the duration of
the project,
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showmg extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project,
(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a certfficate of coverage, prior to the other person beginning work on
the project, and
Co) a new certfficate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage permd shown on the
current cemficate of coverage ends during the durauon of the project,
(5) retmn all required certfficates of coverage on file for the duration of the
project and for one year thereafter,
(6) notify the governmental entity ~n writing by cernfled mall or personal
dehvery, wtthm 10 days after the person knew or should have known, of any
change that matermlly affects the provision of coverage of any person
prowdmg services on the project, and
(7) contractually reqmre each person with whom it contracts, to perform as
required by paragraphs (1) - (7), w~th the cemficates of coverage to be
prowded to the person for whom they are providing serwces
J By slgmng th~s contract or prowdmg or causing to be prowded a certfficate of
coverage, the contractor is representmg to the governmental entity that all
employees of the contractor who will provide serwces 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 classfficatxon codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance earner or, in the case of a self-insured, with the conumsslon's Division
of Self-Insurance Regulatmn Providing false or m~sleadmg mformat~on may
subject the contractor to adm~mstratxve penalties, criminal penalties, clwl penalties,
or other c~vfl actions
K The contractor's failure to comply with any of these prows~ons is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void ff the contractor does not remedy the breach w~th~n ten days after
receipt of notxce of breach from the governmental entity
Clzent~ 36395 SENEC
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE,M DD V,
lO/Ol/Ol
R,~ODUCER THIS (.;I=EI¥iFICATE IS ISSUED AS A MA'ri'ER OF INFORMATION
Iqlgglnbotham & Assoc , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND. EX'rEND OR
DBA Denton Insurance Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P O Drawer C INSURERS AFFORDING COVERAGE
Denton, TX 76202
INSURED ...... INSURERA BITUMINOUS INSURANCE CO
Seneca Contract[ngCorporation ~NSURERs-HARTFORD ~SURANCE GR~OUP
P O Box ]470 INSURERC
Denton, TX 76202 INSURER D
I INSURER E
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 RERE~N IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE MMITS SHOWN MAY HAVE BEEN REDUCED BY PA~D CLAIMS
CLP3115696B - POMOY EPPEGTIVE POLIO¥ EXPIRATION
LTR I TYPE OF INSURANDE POLICY NUMBER
A DENE.ALL'AB'L' " | 07/01/01 '07/01/02 IE^OHOOOU"" CE I l, 000, ooo
X DOMMERCIALGENERALLIAEILITY ~FIR[DAMAGE(Anyonehm) $ 100 , 000
CLAIMSMADE [~ OCCUR MEDEXP{_Anyonepe_rson) _$ 5, 000
PERSONAL R ADVINJURY SM000 · 000
I -- GENERAL AGGREGATE $2 ~000 LO 00
BEN L AGGREGATE LIMITAPPLIES PER PRODUCTS COMP/OR AGG~ ~ 000 I 000
A AUTOMOSILELIABILITY CAP3115687B 07/01/01 07/01/02 COMSINEDSINGLELIMIT $1,000 000
(Per pemon) $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS LIABILITY CUP2531302B 07/01/01 07/01/02 EACH OCCURRENCE ~ 00~000
A _ ] ccc.. [ ] C ,M ^OE AGGRSGATE ooo, ooo
~ DEDUCTIBLE
~ RETENTION $10000 $
WC STATU i
A ~ORKERSCOMPENSATIONAND WC3114752 07/01/01 07/01/02 ~O~yL,MITS
5MPLOYERS LIABILITY EL EACNACClDENT __ ~$~00! 000
EL DISEASE EAEMPLOYEE $500 ! 000
EL DISEASE POLICY LIMIT $500 f 000
B OTHSR Contractors 46MSCYQ4875 12/01/00 12/01/01 350,000
Leased or Rented
Equipment I I
)ESCRtPT[ON OF OPERATION S/LOCATION ~IVE HICLE~/EXC LU$1ONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Contract 2690 - North Lakes Soccer Restroom/Concess~on Bldg
City of Denton, its Offlc~als, Agents, Employees and volunteers
are named as Additional Insured "Said policy shall not be cancelled,
(See Attached Descrlptmons)
:ERTIFICATE HOLDER I I ADD[TIONALINGUREDt[NSURERLETTER -- ANCOt! ATION
SH OU LD ANYOF ~H E ABOVE D ESDRiBED POLICIES BE CANCELLED BEFORE TH E EXPIRATiON
CIty ct De,ton DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TOMA~L3~ DAYSWRITrEN
90! B Texas $~ree[;)TICETOTHE CSR'nFICATE HOLDERNAMED TOTHELSFT BUTFAJLURE TODOSOSHALL
Denton, TX 7620!,POSE NOOBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER ITS AGENTS OR
~EPRESENTATIVES
ACORD25-S(7/97)1 of 3 #S65246/M61082 EAD ® AOOR~CORPORAT~ONI~
IMPORTANT
If the certificate holder ~s an ADDITIONAL INSURED, the pol~cy(~es)must be endorsed A statement
on th~s cerhhcate does not confer r~ghts to the certificate holder ~n I~eu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and condlbons of the policy, certain policies may
requlrs an endorsement A statement on th~s certificate does not confer rights to the cert#lcate
holder in [leu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of th~s form does not constitute a contract between
the ~ssu~ng insurer(s), authorized representative or producer, and the cerbflcate holder, nor does ~t
afhrmatlvely or negatively amend, extend or alter the coverage afforded by the policies I~sted thereon
ACORD255(7/97)2 of 3 ~S65246/M61082
DESCRIPTIONS (Continued from Page 1)
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"
AMS253(07/97) 3 of 3 #S65246/M61082
.iheSi. Rlul ,ow..
Seaboard Surety Company Un]ted States Fidelity and Guaranty Company
St Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwrders, Inc
St Paul Mercury Insurance Company
Power of Attorney No 20290 Certificate No
KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company ~s a corporation duly orgamzed under the laws oi the State of New York and that
St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company and St Paul Mercury thsurance Company arc corporaBons duly orgamtcd under
the laws of the State ol Mmnesota and that United States F~dehty and Guaranty Company ~s a corporation duly orgam/ed under the laws of the State of Maryland and
that F~dehty and Guaranty Insurance Company is a corporation duly orgamzed under the laws oi the State of Iowa and thai Fldehty and Guaranty Insurance
Undel~vntcrs Ine ~ a corporation duly orgamzed under the laws of the State of Wisconsin (hert, m ~ollecttvelv (ailed the Compante~ ) and that the Compame~ do
hereby make constitute and appoint
Donal Boley, Steve Deal and Stac~ Gross
W~clata Falls Texas
of the C~ty ol State their true and lawful Attorney(s) m Fact
each m their separate capacity if more than one is named above to sign its name as surety to and to execute seal and acknowledge any and all bonds undertakmg~
contracts and other written instruments m the natm'e thereof on behalf of the Compmues ~n then bus~neqs of guaranteeing the fidehty of persons guaranteeing thc
performance of contract~ and executing or guaranteeing bonds and undertakings [ t actions or proceedings allowed by law
IN WITNESS WHEREOF of December 1999
Seaboard Surety Company ~(gL~nited States Fidelity and Guaranty Company
St Paul Fire ~ Fidelity and Guaranty Insurance Company
~ idelity and Guaranty Insurance Underwriters,
State ot Maryland
City of Bait]mom THOM 'aS [~ HUIBREGTSE Assistant Secretary
On tths l~lt day of D~e~mhm' 1909 belore me thc undersigned olBcer personally appeared John F Phmney and
Thomas E Hmbregtse who acknowledged themselves to be the Vice President and Assistant Secretary respectively of Seaboard Surety Company St Plul l~re and
Manne insurance Compar~y St Paul Guardian Insurance Company St Paul Mercury Insurance Company Un,ted States [~dchty and Gualanty Company F~dehty and
Guaranty Insurance Company and Fldebty and Guaranty Insurance Underwriters Inc and that the seals affLxed to the foregoing instrument are the corporate seals
smd CompanLes and (hat they as such being authorLzed so to do executed the foregoing ~nstrument thr the purposes thereto contained by signing the names ol the
corporations by themselves as duly authorized officers
In Witness Whereof, 1 hereunto set my hand and officml ~eal O
My Comlmsslon expnes the 13th day of July 2002 REBECCA EASI l~Y ONOKALA Not try Pubhc
86203 Rev 7 2000 Printed ~n U S A
Fire and Marine Inqurant~e ( ompany SI Paul Gu'~rd~an Insur race (omp my St P tttl Mercury Insurance Company United States Fldehty 'md Gu it mty Compqny
IN TE%TIMONY WHI, RI~O~, Ihc, eunto ,ct my h~nd tin, 4th day et September 2001
~ ~ X~5..~ ~ ~h~ ~ ~ Thom~sE Hmbregtsc AsslsllntSectetuy
To ver~y the authenttclty oJ tht~ l ower ~Attorney call l 800421 ~ and ~o~ the~ df At~ey tlerk Plea~e refer to the Power of Attorney number
the above named tndmdual, and the detad, oJ the bond to wat~ 8~e pa~ t~ attac~ ( ,
StPaul Surety
IMPORTANT NOTICE:
To obtain mformatmn or make a complaint
You may contact the Texas Department &Insurance to obtain mformat~on on compames,
coverages, rights or complaints at
1-800-252-3439
You may wrste the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
FAX # 1-512-475-1771
Your noUce of clmm a§amst the attached bond may be g~ven to the surety company that tssued
the bond by sending ~t to the fol|owmg address
Mmhn§ Address St Paul Surety Clmm
P O Box 4689
Federal Way, WA 98063-4689
Physical Address St Paul Surety Claim
31919 F~rst Avenue South
State 100
Federal Way, WA 98003
You may also contact the St Paul Surety Clmm office by telephone at
Telephone Number 1-253-945-1545
PREMIUM OR CLAIM DISPUTES
If you have a dtspute concerning a premmm, you should contact the agent first lfyou have a
d~spute concerning a clmm, you should contact the company first If the d~spute ~s not resolved,
you may contact the Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR BOND
Th~s not~ce ~s for mformat~on only and does not become a part or condition of the attached
document