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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