2001-439FILE REFERENCE FORM I 2001-439 I
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Ordinance No. 2002-126 - Change Order Number 1 05/14/02 )1~
Ordinance No. 2003-172 - Change Order Number 2 06/17/03 J ~
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION
PLANT EXPANSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2734 - PECAN CREEK WATER RECLAMATION
PLANT EXPANSION AWARDED TO ARCHER WESTERN CONTRACTORS, LTD, 1N THE
AMOUNT OF $16,930,000)
WHEREAS, the City has solicited, received and tabulated competmve bids for the
construction of pubhc works or improvements in accordance with the procedures of STATE law and
City or&nantes, 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 competitive bids for the construction ofpubhc works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purohasmg Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2734 Archer Western Contractors, Ltd $16,930,000
St~CTION II That the acceptance and approval of the above competitive bids shall not
constltuto a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders mclu&ng the timely execution ora written contract
and furmshmg of performance and payment bonds, and insurance certificate after notfficatlon 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 pubhc works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above competltave bads and the
execution of contracts for the public works and improvements as authorized herean, the City Council
hereby aulhonzes the expendature of funds an the manner and an the amount as specified in such
approved bads and authorized contracts executed pursuant thereto
SECTION V That thas ordinance shall become effective immediately upon ats passage and
approval
PASSED AND APPROVED this the ~,~ 7~ day of ~~/~.~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2734 - CONTRACTUAL ORDINANCE
2
Attachment 1
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY, OF DENTON §
THIS AGREEMENT, made and entered into this 27 day of November A D,
2001,
by and between City of Denton of the County of Denton and
State of Texas, acting through Mmhael A. Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Archer Wgstern Contraetor~q: I.TD.
2121 Avenue J Suite 103
Arlington! TX 76006
of the City of p, rl,ngtan , County of___Iarrant__ and State of Texas ,
hereinafter termed "CONTRACTOR"
WlTNESSETH That for and m conslderataon of the payments and agreements
heremafte~ mentioned, to be made and performed by OWNER, and under the condatlons
expressed, m the bonds attached hereto, CONTRACTOR hereby agrees wath OWNER to
commence and complete performance of the work specified below
B~d 2734. Pecan Creek Water Re¢lamatmn Plant Expan~qmn
m the amount of $16:930:000 and all extra work m counecnon therewith, under the
terms as stated m the General Cond~taons of the agreement, and at h~s (or their) own proper
cost and expense to furmsh all materials, supphes, machinery, eqmpment, tools,
supermteadence, labor, insurance, and other accessories and servaces necessary to complete the
work specafled above, m accordance w~th the condatlons and prices stated m the Proposal and
the Performance and Payment Bonds, attached hereto, and m accordance wath all the General
Cond~taous of the Agreement, the Spemal CondltaOnS, the Notace to Badders (Advertasement for
Bds), arid Instructions to Bidders, as referenced hereto and on file m the office of the
Purchas~rlg Agent, and m accordance with the plans, whmh includes all maps, plats, blueprints,
and other, drawings and printed or written explanatory matter thereof,
CA- 1
S \prch\Conlracts Documents~B~d 2734 Pecan Cre~k doc 12/5/01
and the Specifications therefore, as prepared by
C,~ nfDentnn ~tnFf'
~nmp. F)re~er. nncl/~l'nKee. ]'nc ,
all of which are referenced herein and made a part hereof and collectively evidence and
constitute the entire contract
Independent Status
It is mutually understood and agreed by and between Oty and Contractor that Contractor
is an independent contractor and shall not be deemed to be or considered an employee of the
City of Denton, Texas, for the purposes of raceme tax, vnthholdmg, socml security taxes,
vacatmn or sick leave benefits, worker's compensauon, or any other City employee benefit City
shall not have suporwsmn and control of Contractor or any employee of Contractor, and it is
expressly understood that Contractor shall perform the servzces hereunder accordang to the
attached spec~cataons at the general du~ctmn of the City Manager of the City of Denton, Texas,
or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to lndenmify and hold harmless the City of
Denton from any and all damOgeS, IOSS, Or hahihty of any kind whatsoever, by reason of injury to
property or third persons occasioned by any error, omission or negligent act of Contractor, its
officers, agents, employees, mvltees, and other persons for whom ~t is legally liable, w~th regard
to the performance of tins Agreement, and Contractor veil, at its cost and expense, defend and
protect the City of Denton against any and all such clatms 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 lle in 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 in written notice to commence work and complete all work
Wlthln the tune stated m the Proposal, subject to such extensions of time as are provided by the
G~neral and Special Condmons
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 Special Conchtions of the Contract
CA - 2
C ~,/y Do~uw, e~sRvIS Offwo\Wmwold~B~d 2734- l%con Creok,do~ 12/4/01
IN WITNESS WHEREOF, the parties of these presents have executed ttus agreemem
the year and day first above written,
BY, ,
(s~)
ATTE~ '~~ ,, Archer ~,/eetern Contract,o[,s, Ltd.
s%re~ iI~T~ CONTRACTOR
John [~[atter~ 2121 Avenue "J", Suite 103,,
Arlin§ton, TX 76006
MAILING ADDRESS
817/66,0-3898
PHONE NUMBER
817/640-8734
l~al;the~ ~/al~h
~PaOVm AS TO FORM PRn~O
CITY ATtORnEY
CA
C ~Vty Dooum~t~vl$ Ofl~co\Wmw~d 27~4- P~ C~ ~ 1 ~4~ 1
City of Denton, Texas
Pecan Creek Water Reclamation Plant IZxpaamon
SEC~ON 00300
BID FORM
PROJECT IDENTIFICATION City of Denton
Pecan Creek Water Reclamatton Plant Expanmon
Project Bid No 2734
THIS B~ IS SUBN~TTED TO Purohasmg Depar~nent
Cl~ of Denton
901-B Texas Street
Denton, Texas 76209
T~IS B~J IS SDBN~TTED BY Archer Western Contractors, Ltd.
2121 Avenue "J", Suite 103
Arlington, TX 76006
ARTICLE 1 The undermgned Bidder proposes and agrees, if thru Bad m accepted, to enter mae an agreement
wtth OWNER m the form included m the Contract Documents to perform and fumtsh all Work as specified or
mdmated m the Contract Documents for the Contract Puce and w~thm the Contract Tune mdmated m the
Agreement and m accordance with the other terms and condmons of the Contract Documents
ARTICLE 2 Btdder accepts all of the terms and condlttons of the Advertasement or Invltatmn to Bad and
Instructtons to B~ddors, mcludmg wIthout hm~tation those dealing wtth the dmpomtton of Bad security Th~s Bad
will remain subject to acceptance for ninety days after the day of Bid opening Bidder will mgn and submtt the
Agreement with the Bonds and other documents reqmred by the Contract Documents within fifteen days after the
date of OWNER's Not,ce of Award
ARTICLE 3 In submitting thru Bad, Bidder represents, as more fully set forth m the Agreement, that
3 1 B~dder has examined copies of all the Contract Documents and of the following Addenda (recmpt of ail
which m hereby acknowledged)
Date Number Auth,.qr~ j.~l 2S{gnature
m/~o!o] 2
10/22/01. 3
1.0/22/01. 4
3 2 Btdder has vimted the mae and become famthar~zed wtth the nature and extent of the Contract Documents,
Work, rote, locality, and all local condmons and Laws and Regulataons that m any manner may affect cost, progress,
performance or fummhmg of the Work
AddNo 3 00300 doe 00300-1 October 2001
· Cit~ of Denton, Tex~s
Pecan Creek W~er Kcclamatlon ?lint Bxpansion
3 3 Bidder has obtamed and carefully studied (or assumes responslblhty for obtammg and carefully studying) all
such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder
considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Tune
and m accordance with the other terms and conditions of the Contract Documents, mcludmg specifically the
provisions of paragraphs 4 02 and 4 03 of the General Conditions, and no additional examinations investigations,
explorationl, tests, reports or Similar information or data are or will be required by
Bidder for such purposes
3 4 Bidder has reviewed and checked all reformation and data shown or indicated on the Contract Documents
with respect to erustmg Underground Facilities at or contiguous to the site and assumes responsibility for the
accurate looatlon of said Underground Facilities No additional exammatlons, investigations, explorations, tests,
reports or similar information or data in respect of smd Underground Facilities are or will be required by
BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Tune and in
accordance lwith the other terms and conditions of the Contract Documents, including specifically the provisions
of paragraph 4 04 of the General Conditmns
3 5 Bidder has correlated the results of all such observations, exammatmns, investigations, explorations, tests,
reports and studies w~th the terms and condltaons of the Contract Documents
3 6 Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered
in the Cont~ant Documents and the written resolutmn thereof by ENGINEER is acceptable to Bidder
3 7 This Bid is genume and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted m conformity with any agreement or rules of any group, associatmn,
organization or corporation, Bidder has not directly or indirectly reduced or solicited any other Bidder to submit
a false or sham Bid, Bidder has not solicited or reduced any person, fmu or corporatmn to refrain from bidding,
and Bidder has not sought by collusion to obtam for itself any advantage over any other Bidder or over OWNER
ARTICLE ~ Bidder will complete the Work m accordance with the Contract Documents for the following
lump sum price(s), as specified m text form, and numerically
4 1 BIDDERS BID AMOUNT
A Base Bid
Item,A- This lump sum item consists of furnishing all supervision, labor, materials, tools, equipment,
lnClc~entals and related items reqmred for construction of the Pecan Creek Water Reclamation Plant
Exp~nsion as shown m the Plans and stated in the Specifications This bid item includes all nnprovemants
and any other item not specifically covered by another bid item
Lump Sum Bid
AddNo 3-00300 doc 00300-2 Ootober 2001
C~t~ of Donton~ Tex~
Pecan Creek Water Reolamatlon Plant Expmlslon
Item B - Proprietary Equipment Purchase
LumpSum Bid This lump sum item consists of furmshmg four Sludge Collection lhngs, for Secondary
Clan~ers No 1, 2, 3 and 8 as stated m Specification Section 11350 and identified in the letter of guarantee
appearmg m the Appendix
Lump Sum Bid Thirty seven thousand and seven hundred and s~xty eight dollars
($37,768 00)
Item C - Propnetery Equipment Purchase
Lump Sum Bid This lump sum item consists of furmshmg two double d~sc sludge pumps as stated m
Speelficatmn Sectton 11218 and identified m the letter of guarantee appearing m the Appendm
Lump Sum Bid Twenty thousand and six hundred and fifty dollars and zero cents
($20,650 00)
Item,D - Proprietary Equipment Purchase
Lump Sum Bid This lump sum item consists of furnishing Ultraviolet (UV) D~smfection Equipment as
stated m the Appendnc
Lump Sum Bid Sm hundred and seventy-nme thousand and eight hundred dollars
($679,800 00)
Item E - Raw Sewage Pump Station No 1 Wet Well Mo/hficatlons
Unit Pnee Bid This unit price ltetn consists of fummhmg all supervision, labor, materials, tools,
equipment, mcidentals and related items required to remove deteriorated concrete and repair concrete
surfaces atthe interior of the mfluent wet well for Raw Sewage Pumps Stat~onNo 1 This item includes
placement of repatr materials up to 2 mches thick on the walls, floors and overhead surfaces
Umt' c Bld dollars per square foot ofrepa area
($ ~.~C:~ ) per square foot of repair area
Estmaated Quantity 400 square feet
Total Cost for Estimated Quantity (Unit price x 400 square feet) --
($
kddNo 3 00300 doc 003 00-3 October 2001
C~ty of D~nton, Tex~
Pccan Crock Wl~tcr l~[amation P ant Bxpans on
B Bid Alternatives
Item F -Roadway Construction
Lump Sum Bid This lump sum bid item consists of furnishing all supervision, labor, materials, tools,
equipment, incidentals and related items required for modifications to Roads A, Al, A2, C and G,
including paving and grading as shown m the Plans and stated in the Specifications
dollars
Item G- RAS/WAS Pump Station No 2 Motor Replacement to VFDs
Lump Sum Bid This lump sum items consists of removing the four (4) existing motors on tho PAS and
WAS pumps m pump station and all associated electrical appurtenances and fumlstung and mstallmg,
complete and ready for operation two (2) variable frequency drives on the PAS pumps and two (2) variable
frequency drives on the WAS pumps
~ dollars
'
Item H1 - Proprietary Equipment Purchase
Lump Sum Bid This lump sum item consists of furmshmg one Smglo Stage Centrifugal Air Blower as
stated m Specification Section 11371 and identified in thc letter of guarantee appearing m the Appendix
Lump Sum Bid Three hundred and twenty-sm thousand and s~x hundred and SlX ,ty-five dollars
($326,665 00)
Item 1-12 - Installation of Proprietary Equipment Purchase
Lump Sum Bid Thls lump sum ltom couslsts of fumishmg all supervision, labor, matermls, tools,
equipment, incidentals and related gems required for installation of one Single Stage Centrifugal Air
Blower, complete and ready for operation, as shown on the Plans and as stated m Specification Section
11371
dollars
Adc~lo 3 00300 doe 00300-4 October 2001
City of Denton~ Tcxa~
Pecan Cr~k Water Redamatlon Plant Expanlion
The Pecan Creek Water Reclamation Plant Expansion Project vall be awarded to the lowest bidder for the
Work ~o be included The Work to be included will consist of the Total Base Bid and any Bid Alternatives
that the City chooses to include based on the Project budget
4 2 MANUFACTURERS
This Bid is based upon furnishing and mstalhng major items of Equipment by the following manufacturers
No Item Speelficahon Section Manufacturer
1 Vertical Turbine Pumps 11215 Faxrbanks ~yiorse
F~--~wserve (IDP)~)
Patterson
2 Dissolved Air Flotation Umt 11239
I-la-Teeh vEn~nmental
Walker Process Equipment
3 Filament Wound Fiberglass Tanks 11244
Ershmgs
4 Slmce Gates 11281 ~'~dney Hunt Co~
Waterman Industries
5 Shde Gates, We~r Gates and Stop Plates 11282 ~Ro-dney H~Co.~'D
Waterman Industries
Whlpps
6 Dry P~t Submerstble Pumps 11312 Flowserve (IDP)
Model 12MSX21A
ASS Model AFP 3002
~ Fiygt Model CT330_6~
7 Chopper Pumps 11314 Vaughan Company, Inc
~a~-ward Oordon~
8 Combination Boiler/Heat Exchanger 11315 U~flter Enwr~e
Walker Process Equipment
9 Submersxble Pumps 11319 ,,,~,~o~,wt, ~'~DP)
~ [~c, *
10 Bar Screens 11331 H~.~dworks
U~_.~Fllter Envlre~
AddI'lo 3-00300 doo 00300-5 October 2001
Oty of D~nton~ T~x~s
Pecan Creek Water R~claraation Pl~cut Expansion
11 Screening Press 11332 ~chnology He~
HeadworkS, Inc
Waste-Tech, Inc ~SM
12 Chemical Metering Pumps 11345 US Filter Envirex
~llice and T~
Milton-Key
Prominent Fluid Controls
Pulsafeeder
13 Clarlfier Eqmpment 11350
~)orr-OliveL~
US Filter Enwrex
Enwroqmp, Inc
Walker Process
H~-Tech Environmental
14 Digester ML~a n g System 11370 Vau~han Company,
~md Dynamics Co~
15 Aeration Eqmpment 11376 &11377 uo ..,,,~, ~nvtrex
16 Sh~less Screw Conveyor 14551 ~ ~Inc
Waste-Tach, ~c ~otoSmve
* Indicates ~ "or aqua" m~ufac~er ~s accep~ble for ~te-m
4 3 PROPOSED S~CO~CTORS
~e following relocation gives ~e n~e, business ad.ess, and po~mn of work (descnptmn ~d doil~
~o~t of work to be done) for each subcon~actor ~at will be used m ~e work m ~e B~dder is aw~ded
~o Con~act No subcon~actor doing work m excess of 3 percent of~e tot~ ~o~t of~e B~d who ~s not
hsted below sh~l be used ~out ~e ~en approv~ of~e O~R
Addi~onal suppo~g ~ta may bo a~ched to ~s page Each page shall be sequenta~ly n~bered ~d
hea~ed "Proposed Subcon~aetors," ~d s~il be s~ed L~st of proposed Subcon~aetors ~d supposing
~,must bo subm~ed no later ~ 2 15 p m on October 30, 2001
F~ Name Business Ad.ess Desenptmn of Work Doll~ ~ount
AddNo 3-00300 doe 00300-6 O~ber 2001
City of Denton, Texas
Pccan Creek W~t~r P, eclamation PI/mt Bxpan$ion
4 4 PROCESS INSTRUMENTATION & CONTROL SYSTEM SUBCONTRACTOR (PICSS)
The list of approved subcontractors for the Process Instrumentation and Control System ~s included m
Sect~On 13300 The Bidder shall Identify the subcontractor which Bidder expects to perform the work
Only~approved subcontractors will be allowed to perform the specified work, therefore, Bidder shall not
write, in or add unapproved subcontractors
ARTICLE ~ Bidder agrees that tho Work will be completed within the following time(s)
5 1 Bidder agrees to be Substantially Completed with all contracted Work w~thm 730 calendar days from the
date when the Notice to Proceed is issued, and completed and Ready for Final Payment with 30 calendar
days after Substantial Completion In accordance with Article 14 of the General Condltmns The ?reJect
shall be completed and ready for final payment within 760 calendar days al~er the date when the Contract
Time commenoas to run
5 2 Bidder accepts the provmmns of tho Agreement as to Llqmdated Damages m the event of failure to
complet~ tho Work wthln tho times specified m the Agreement
ARTICLE ~ The following documents are attached to and made a con&tlon of this B~d
6 1 Required Bid Security in the form of a certified check or a Bid Bond in the amount of 5% of the total Btd
pnce
6 2 Noncollusion Affidavit
ARTICLE 7 Communications concerning flus Bid shall be addressed to the following address
Ms Dawn 1L Anderson
Camp Dresser & MeKee, Inc
8140 Walnut Hill Lane, State 1000
Dall~, TX 75231
Phone (214) 346-2800
Fax ~(214) 987-2017
ARTICLE 8 Tho terms used tn this Bid whtch are defined m the General Con&tlons or Instructions to
Bidders will have the meanings assigned to them
AddNo 3-00300 doe 00300-7 October 2001
City of Dcflton, Texa~
Pecan Crock W~tcr Reclamation Plant I/xpansion
SUBM~TTt~D on October 30 ,2001
Archer Western Contractors. Ltd.
(Name of Bidder)
Approved By By President
(Auth6nzed S~ (Title)
~ ~ 2121 Avenue "J"~ Suite 103
Attested By ~'A~uthonzed Signature) ~ (Address)
John P. Slattery
Seal Arlington, TX 76006
~fa Corporation) (Cl~ and
(817) 640-3898
(Telephone Number)
(817) 640-8734
State Of Inco~poration: Tllinois (FacanmleNumber)
Corporate Address: 1.500 ~ 62nd St.
Ft. Lauderdale, FL 33309
Note If the Bidder is a corporation, mchcate state of incorporation under signature and affix corporate seal, ifa
partnership give full name and resldenttal addresses if different from business address
AddNo 3 00300 doo 00300-8 October 200!
PERFORMANCE BOND
STATE OF TEXAS § Bond No 8 SB 103698366 BCM
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Archar Western Contrae, t~; [,TV)
whose address ]s 2121 Avenue .1 ,qmte 103 Arhn_~rtun: TSC 762011; hereinafter called Pnnolpal,
and Tx .... i1~,.o Casualt;v alld 8urel:v Gomoany of Ame3:l-c~ COrpOllttlOll orgamzed and
eydstmg under the laws of the State of ~ cgnn.ect i.cCt . , and fully anthortzad to transact
business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
murat]pal ¢orporataon orgamzed and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of ,~o. en MiIhnn 'hhne 14undred Thirty Thtnn~ancl and
DOLLARS ($ 16f~3O.fl00 ) plus ten percent of the stated penal sum as an addmonal sum of
money regresentmg adcht~onal court expenses, attorneys' fees, and hqmdated damages arising
out of or connected w~th the below ~dentffled Contract, m lawful money of the Umted States, to
be pard re'Denton County, Texas, for the payment of winch sum well and truly to be made, we
hereby brad ourselves, our he]rs, executors, admtmstrators, successors, and assigns, jointly and
severally, firmly by these presents Tins Bond shall automatmally be increased by the amount of
any Change Order or Supplemental Agreement winch increases the Contract pnce, but m no
event shall a Change Order or Supplemental Agreement winch reduces the Contract price
decrease the penal sum of tim Bond
THE OBLIOATION TO PAY SAME ]s conchUoned as follows Whereas, the Pnnc]pal
entered rote a certain Contract, ~dentlfied by Ordinance Number 2001-439, wtth tho C~ty of
Denton, theOwner, datedthe 27. dayof_hlav, ambgr-AD 2flol:acopyofwinohisbereto
attached and made a part hereof, for lt~d ~ 2734- poe. an Ch'o~ek Water R~elamat~t~n Plant
NOW, THE~O~, if the Pnnc]pal shul! well, truly and fmthfully perform and fulfill
all of th~ un,d, erm~mgs, covenants, terms, condmons and agreements of smd Contract m
accordance with the Plans, Speclficatmns and Conm~ct Documents dunng the original term
thereof and any extension thereof winch may be granted by the Owner, voth or w~thout nonce to
the Surety, and during the hfe of any guaranty or warranty reqmred under thru Contract, and shall
also well land truly perform and ful~ll all the undert-I~.gs, covenants, terms, concht~ons and
agreements of any and all duly authorized mo&ficatmns of said Contract that may hereafter be
made. notme of winch modfficatmns to the Surety being hereby wmved, and, rf the
sail repair and/or replace all defects due to faulty materials and workmansinp that appear votlun
a penod ~f one (~) year from the date of final complet~un and final acceptance of the Work by
the Ownor, and, if the Pnnc~pal sha]] fully indemmf7 and save harmless the Owner from all costs
a~t damagas winch Owner may suffer by reason of fazlure to so perform hereur and shall fully
reunburs~ and repay Owner all outlay and expense which the Owner may incur ]n making good
any default or deficiency, theo flus obhgaUon shall be vmd, otherwise. ~t shall remain m full
force andleffect
PB - l
C k,My Documenls~/~ Ofltce\Wmword~d 2734- Pecen Greek doc 12/4~t
PROVIDED FURTHER, that If any legal action be filed upon flus Bond, exclusive venue
shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby sUpulates
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 in anywise affect its obligation on this Bond, and It does hereby
waive notice of any such change, extension of time, alteration or adchtlon to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawngs,
etc
This Bond Is g~van pursuant to the provmmns 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 demgnated by the Surety herein as the
Resident Agent m Denton County to whom any requisite not~ces may be delivered and on whom
service of process may bo had in matters arising out of such suretyship, as provided by Article
7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, flus mstrument ~s executed in 4. copies, each one of
which shall be deemed an onguml, this the ~7 day of..Nav, e, mher_~ _2DD_L_
BY vREs n, r
TraYeler~ Ca~ualtZ,a,nd 8uret¥,C~pany of Amer±ca
A~Tb~-FA~
Gzna M Damato, Attorney-In-Fact
The Res,dent Agent of the Surly in D~nton County, Texas for dehve~ of noaee and s~rvlce of
the process is
NAIve{ Chria~opher H, ~obl,~ .......
STREETADDRESS 7~a ~ ~.~=~ ~: n~==~ ~w 7~.~a
(NOTE Date of Performance Bond must be date of Contract If Restdent Jgent is not a
corporatton, gtve a per$0tt's name}
PB - 2
C Rdy Do~un~ Offl~Wmw~d~d ~7~- ~m ~d~ 12/4~D 1
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURgTY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELER~ CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly orgamz~d under the laws of the State of Connecticut, and hawng their pnncipal offices In the City of Hartford,
Coun~ of Haflford, State of Connecticut, (hereinafter the "compames") hath made, constituted and appointed, and do by these
presents make, constituti and appoint Dwight F. Miller, David C Banks, Janice B Kaplan, Kevin P Nagel, Lorraine
Pozezinskl~ Eilecu Lucitt, Carol F. Tasclotti, Evonne Brown, Adele M Korczai~ Grace Villarreal, Gaff Schroeder, Craig
Goesel, Rebecca i. Bauparas, Barbara J, Bailey, Chad Berberich, Cindy Genslmger, Gina M, Damatu, Meredith C, Coveth,
Thomas A. Pictor, Erik Janssens, Jane Bronsen, Carrie M. Roder, Michael Damewood, Ginny RockeR, Jam~s L. Forshey,
Rosemary Mullerc~ Kathleen M. Anderson, Vannessa Sims, Luisa Catalano, Robert W Spoor, David Do~ovsn-Schager, of
Naperville~ Illinois, thalr tree =_nd lawful Attomey(s)-m-Fact, w~th full power and authonty hereby conferred to sl~n, execute and
acknowledge, at any pla~ wt~h!n the Umt~;l States, the foHovan8 instrument(s) by his/hat sole m~naturc and act, any and all
bonds, mco~tT~nces, cof~tracts of indemmty, and other vattin~s obh~atm7 m the nntum of a bond, recolp'flzance, or conditional
tmde~nki~ and any and all ~msants inddent ~ and to bind the Compames, thereby as fully and to the same extent as tf the
same we~ sidled by tha~duly anthmtzed officem of tha Companies, and all the acts of said Attomey(s)-m-Fa~, pursuant to the
anthoflW b. ereln ~ are hereby ratified and confirmed
Tins appointment is mad~ under and b~ authority of th~ fullovan~ Standms Re, sohiUons of said Compames, which ResohiUoas are
now in full force and effect
STATI~ OF ICLIJt( IS ~ SS l, EIL£EN LUCITT a Nota~ Public m and for said ConnW and
S~ate, do hcreby certify that Residcnt~,
Restdant A,sstgant '\,
COUNTY OF C00i .) Vwe Prcstdcnt, and
Secretary, GIlqA Iq DAi, iAT0 Attorney-m-Fact, of
TRAVELERS CASUALTY AND SURETY C~MPANY OF AMERICA,
sEAL* ,, ~ who t s . personally known to me to be the some person __ whose
name ts subscribed to thc foregoing instrument, appeared before me this
I-
'OFFICIAL
~ Notar~ Publ~q, 8tare o~ llllrtolo [ day tn person, and acknowledged that hc signed, sealed and
~ E LEEr Luowr ~ deltvered said instrument, for and on b~half of TRAVELERS CASUALTY
therein set forth Given under my hand and notanal seal, flus ? ? I-h day
2001
_
NOtal~' Public
S-1429 (07
COMPANY, which Resolution is now in full force snd effect.
VOTED 'l'hat ~be m~natu~ of each of Ibe followm8 officers Premdant, any Executive Vice Presalant, an~ Semor Vice Presldant, any Vice
Prea~lent, any ASslst~t VI~ lh~ldmt, any Seoretsry, any Assistant _~_. ,.and .the ~ of .the..Company _may be affixed. ~ facs~u~e~.~,tota~oYr
pow~ or ,ttom~ or to any ~ficato re¼tm8 thereto ,ppomims R~. idant
perpce~ only of exesutin8 ~ att~tmS bonds and underiaki~s aaa o~t~r
cefllfied by such facsmule/dsnature and faosmule seal shall be valid and bmdm
undieS, mS to winch it is atiad~i
(ll-OOStaadard)
[00: .([uf ,TO ,qep qlf,~: s~l paxt.~e olaJaq oq ol spras altuodJoo J~oqT pue luaplfu~[ aalA .~OlUaS zxaql/,q pau~[s
· q ol luoummm s~l p~sueo ~xeq AlqVdlalO:) A,LqVflSVD NO~DNISCaV& pws XiqVdilalOD AL:IH/IS C[IqV A~L'IVflSVD
PAYMENT BOND
STATE OE TEXAS § Bond No 8 SB 103698366 BCH
COUNTY OF DENTON §
KNOW Al,I, MEN BY THESE PRESENTS That Archer Weatern Cantmetc~r~;
whose add~ess is 9~1 ~ 1 Avnnna .! ~mto~ 103. Arhn~otnn T~ 76006 ; heremai~er called Principal,
and Trav~lar~ eaa,,.ley and ~,,.-e.y Company of Ame.rt~ corporation orgamzed and
erasRng under the laws of tho State of O,p~nn"¢t i, ,cRfld fully authorized to transact business m the
State of Texas, ns Surety, are held and firmly bound unto the City of Denton, a mumelpel
corpomtmn or~._,7~d and ex;stag under the laws of the State of Texas, heremaffer called
Owner, and unto all persons, firms, and corporat,ons who may furmsh materials for, or perform
labor upon, the buildmg or improvements heremafter referred to, ;n the penal sum o~
M, ll,on Nme I-h,ndred Th,try Thn, m.nd ]')nllmr~ .nd 0/100 DOLLARS ($16,930,000) in lawful
money of the Umted Stat~s, to be pad m Denton, County, Texas, for the payment of winch sum
well and truly to he made, we hereby bind ourselves, our heirs, exocutors, ad~mmstmtors,
suc~ssors~ and assigns, jointly and severally, firmly by these presents Tins Bond shall
autorrmQcally be increased by the amoimt of any Change Order or Supplemental Agreement
winch cereuses the Contract price, but in no event sh.~! a Change Order or Supplemanml
Agreement winch reduces the Contact price decrease the penal sum of tins Bond
THE OBLIOATION TO PAY gAME m eondtt~oned as follows, Whereas, file Prmclpal
entered into a gertam Contract, ;danttfied by Orchnance Number ~_oO].4~c~ ~ v~th the City of
Denton, the Owner, c~ted the _2/-- d~y of ~ A D _2DD. L, a copy of winch is berne
att~hed and made a pa~ hereof, for iq,ti T;g~g- .poe~,. Creek Water Reel.ma. ri. Plant
NOW, THEREFORE, if the Principal shall well, truly and falthf~ly perform its d~t~es
and make prompt lmyment to all persons, firms, subcontractors, corpomt;ons and clmmants
supplying labor and/or matenal m the prosecuuon of the Work prowc~d for In said Contract and
any and al~ duly author/zed modifications of smd Contract that may hereafter be made, notice of
which mo~lifieatlorm to the Surly bemg hereby expressly waived, then this obhgatlon slmil be
void, othetvase ;t shall remam m full forc~ and effect
PROVIDED FURTHER, that if any legal action be filed on tins Bond, exclusive venue
shall he m Denton County, Texas
~ PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates
and agrees that no change, extension of tune. al,~tation or addition to the terms of the Contract,
or to the !Work to be performed thereunder, or to the Plans, Speclficat;ons. Drawees, et¢,
aecompanymg the same. shall in anywise affect its obhgatlon on th~s Bond, and It does hereby
waive not,ce of any such change, extension of time, alteraUon or addmon to file tares of the
Contract, or to the Work to be performed thereunder, or to the Plans, Speelficat, ons. Drawees,
PB-3
C 9v'ff Dooum~gv~S Oflt~\Wmworfl~B~d 2734- l%m~a Ct~k(k,o 12/4/01
This Bond m given pursuant to the provimons of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
Tho undersigned and designated agent is hereby demgnated by the Surety herein as the
Remdent ~nt In Denton County to whom any reqmmte noUces may be delivered and on whom
service of process may be had in matters ansmg out of such suretyship, as prowded by Article
7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, this mstnlment is executed m 4 copies, each one of which
shall be deemed an orions!, this the 27 day of~, 2001
ATTEST 0~ PRI~CmAL
~ PRESIDF, NT- I/aCthew Walsh
,Witness SURETY
ulna M Damato, Attorney-In-Fact
215 Shuman Blvd , Naperville, IL 60563
The Remd~nt Agent of the Surety ,n Dunmn County, Texas for dehvery of noUce and s~mace of
thc process Is
NAM~ Christoph,er H Noble
STREET ADDRESS 7920, Be,,l~ ~in, e Rpad, Da,!!as, %x 7~42Q
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve a person's name j
PB - 4
C ~9/D~um~,~S Offi~Wmword'd~d 27~4- P~ C~d~ 12/4/01
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELleRS CASUALTY AND SUP~TY COMPANY
FARMINOTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY.
cotporaUons duly orgnmzed under the laws of the State of Connecucut, and hawng their pnnc~pal offices ~n the Cfly of Hartford,
County of Haflford, State of Connecticut, (hereinafter the "Compemes") hath made. consUtuted and appointed, and do by these
presents make, constitut~ and appoint Dwight F. Miller, Dawd C. Banks, Janice B. Kaplan, Kewn P Nngel, Lorraine
Pozezinski, Eileen Lucitt, Carol F. Tasclotfl, Evonne Brown, Adele M Korczak, Grace Villnrreal, Gall Schroeder, Craig
Goesel, Rebecca L. Dauparas, Barbara J. Bailey, Chad Berbench, Cindy Genshnger, Gina M. Damato, Meredith C Covelh,
Thomas A. Pictor, Erik,Janssens, Jane Bronson, Carrie M Roder, Michael Damewood, Ginny Rocket~, James I~ Forshey,
Rosemary Mnllero, Kathleen I~L Anderson, Vaenessa Sims, L~isa Catalano, Rober~ W Spent, David Donovan-Schager, of
Naporville, Illinois, their tree and lawful Attomoy(s)-m-Fact, ruth full power and authority her~oy conferred to sign, execute and
ackanwlodge, at any pla~ mthin the Umted Sta~s, tho follomng mstnunent(s) by Ins/her sole signature and ~ any and all
bonds, r~, contracts of imismmty, and other wrltm§s obhgatory m the nature of a bond, recug~lTnnce, or condlttmlal
under~n~d~g and any and Jail consonis inddent thereto and to bind tho Compames, thereby as fully and to the same e~tem as ff the
same w~m mgned by the~duly an~hortzed officers of the Companies, and all the acts of smd Attomey(s)=m-Fact, puraumt to the
anthonty hereto given, are hereby ratified and confirmed
This appointm~ut is ~0 umier and by autbonty of the following Stanchng RasoluUons of smd Compames, winch ResoluUnas
now m full force and effect
~ATE OF ILLII IS ~SS l,state,EILEENdo hcrebyLUClTTcemfY thata N°ta~T Pubhc m ~md f°r said C°untY andResldent
CO ..U~OF C001 ) Vice Prcs~deflt, and Resident Assistant
S~eretal'y, ~TI~A ~ n~q'n Attorney-m-Fact, of
TRAVELERS CASUALTY AND SURETY CoMPANY OF AMERICA,
i "OFFIC AL SEAL" [ who t s . personally known to me to be the same person whose
[ EILEEII LUOITI' [ name is subsonbed to the foregoing instrument, appeared before me this
~ Notary Public, State o! Illinois [ day m person, and acknowledged that he signed, sealed and
~MY c.~om_m_~i~ior ixplrea 7/1~'2004~ delivered smd msLrument, for and on behalf of TRAVELFALS CASUALTY
AND SURETY COMPANY OF AMERICA, for the uses and pm'penes
therein set forth Given under my hand and notarial seal, tlus 27 t h day
of lqovember ~001
S-2429 (07 97) ~ Notary Public
VO'~D That the mgnatl~e of each of the following officers lh'e~ldent, any ExecuUve Vice Preaulent, any Semor Vice President, any Vice
Prellid~tt, any Azmtant Vine President, a~y ~ta~y, rely AzmK~ant 8eereta,'y, and the ~ of the Company may be affixed by fac.~mulc to any
power of attorney o~ to any eefafieate mlatm8 ~.ereto appemtin8 Resident Vtoe P~estdents, Resident Assistant Se~retatle~ or Attorneys-m-Fact for
~rtifi---~-suoh fa~lndletsisuature a~d facsmule seal shall be vahd and binding upon the Company m the future vath respeot to any bond or
unde~akmg to which it ~s attaohed
(114)0 ~mdsrd)
~} llneeJle.L 0
~] Ollqnd/de~oN 900~ 'Oe eunr seJldxe UOlSSRUtaoo Xrl
Travelers
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT.
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmmgton Casualty Company for ~nformatlon or to make a complmnt at
Travelers Bond
Attn Claims
1500 Market Street
West Tower, State 2900
Phdadelphm, PA 19102
(267) 675-3130
(267) 675-3102 Fax
You may contact the Texas Department of Insurance to obtmn the lnformaUon on
compames, coverages, rights or eomplmnts at
Texas Department of Insurance
P O Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND This notme is for ~nformatton only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53 202, Property Code, effective
September 1, 2001
~an-~m-uz 03:16P P.02
~ACORD,. CERTIFICATE OF LIABILITY INSURANCE p.~.
07'~-94; ~33a THIS CERTIFICATE IS ISSUED AS A M~T~ OF INFOR~TION
3, ~.~t~ s~ve ~LTEfl THE COVE~GE AFFORDED BY THE POLIC ES B~LOW
~aa~v[lZ. ~ 31~3~z9[ INSURERSAFFORDINGCOVERAGE
aan-l~-02 O3:17P P.03
CERTIFICATE OF LIABILITY INSURANCE Pag
TH C RTIFICATE IS ISSUED AS A MATTER OF NFORMATION
HOLDE~ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
RI[t~a sa£vtea CanLeT ALTER THE COVERAGE AFFORDED BY THE PoUqlEE BELOW
e o Box 3o51s~ iNSURERSAFFORDINGCOVERAGE
The City O~ De~bon, ........ ~;~- ~{~ili~v with ~eepe=t to limb~lic7 n~sing ou~ o~ the Named
:his in~uranc~ will he pri~arF and no~-=ontr~butory £nmuranoe w£~h ras~eo~ to any o~her avail&hie
anoo~ed non=e~ewmd oN ~a~e=ially change without ~0 d~e advanced
Jan-16-02 03:17P P.04
IMPORTANT
It Ih~ c,~r~lflomJg holder iQ an AnDiTIONAL INSURED, the polJcy(le~) mu~' be endorsed A emtemer~t
on this cerl~flcete does m3t can[er rlghls to the cerbhcam holder In lieu o[ such e~dorsement(s)
If SUBROGATION IS W~AIVED Subjec[ to the term~ end cnndltlons of the policy, co,lain poll(,iu~ i~lay
require ,'~n st~¢lorsem~nt A statement On this cel'[ifica~.e does not confer rlghls [o ~he certiflca[e
hoklsr in lieu at ouch erldnrssment(s}
DIe'CLAIMER
The Certificate of Insurance on [ho reverse side of th~'~ form daos not cons[l~um ~ ~[b.~[ b~w~en
the ~*~nino ~naurer(,~) euih~3rlzed represen[atlve or producer ~nd the r, ertlflcate holder, nor does
affirmatively ar negailvoly emend exiend or alter [l~e coverage allnr(~ee oy [he poll[l=~ hsisd thereon
CITY OF DENTON
INSUIRANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It ls highly recommended
that bidders confer with their respective Insurance carriers or brokers to determine In advance
of Bid submission the availability of Insurance certificates and endorsements as prescribed
and provided herein, if an apparent law bidder falls to comply strictly with the Insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
Insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of tMs contract.
STANDARD PROVISIONS:
l, Vtthout hmltmg any of the other obhgattons or habdtttes of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the Ctty of
Denton, Chener, the mtmmum insurance coverage as indtcated hereinafter
As soon as practicable after not,carton of btd award, Contractor shall file wtth the Purchastng
Department sattsfactory certificates of insurance, contamtng the btd number amt tttle of the
proJeCt Contractor ma)/, upon written request to the t~urchasmgDepartment, ask for
clar~ficatton of any insurance requirements at any time, however, Contractors are strongly
advtsed to make such requests prlor to bid opentng, since the msurance requtrements may not be
modt. fled or watved after bM opening unless a written exception has been submttted wtth the btd.
Contractor shall not commence any work or deliver any material until he or she receives
notOelcatlon that the contract has been accepted, approved, and signed by the City of Denton.
All tnsurance poltctes proposed or obtained m satisfaction of these requirements shall comply
with the followtng general specifications, and shall be matntamed tn comphance wtth these
general specificatwns throughout the duration of the Contract, or longer, tf so noted
· Each policy shall be issued by a company authonznd to do business in the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or self. insured retentions shall be declared m the bid proposal If
requested by the City, the insurer shall reduce or elunmate such deductibles or
self-insured retentions voth respect to the City, its offimals, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related investigations, olatm administration and defense expenses
· Liability policies shall be eadorsed to provide the follovang
** Name as adchtional insured the City of Denton, its Offimals, Agents,
Employees and volunteers
C kMy Do~nmlOnts~M$ ~Wmword~ld 2734- Pman Cr~k doe 12/4/01
· , That such insurance is primary to any other insurance avsalable to the
addmonal msurod w~th respect to claims covered under the policy and that this
insurance applies separately to each insured against whom clam ~s made or
stat is brought The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability
· Ail policies shall be endorsed to
'~$AID POLICY $1t.4f.!~ NOT BE CANCELLED, NONRENEI~'ED OR
MA~RIALLF CHANf~E ~TFHOUT $0 DAI~ ADI~ANCED ~.IITEN
NOTICE BEING GIVEN TO THE OP/NER (Cf'IT) EXCEPT I~IEN TItE
POI, ICF IS BEIN~ CANCEI. I~EI) FOR NONPAYMENT OF PREMIUM IN
~7t~IClf CASE I O DA FS ADVANCE I~JITEN NOTICE IS REO. UIRED':
· Should any of the reqmred insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, w~thout lapse, for a penod of three years beyond the coniract
explraUon, such that occurrences arising dunng the contract term which g~ve rise to
' claims made after expiration of the contract shall be covered
· Should any of the reqmred insurance be provided under a form of coverage that
includes a genital annual aggregate himt prov~chng for clatms mvesUgat~on or legal
defense costs to be included m the general annual aggregate hm~t, the Contractor
shall either double the occurrence hrmts or obtain Owners and Contractors
Prote~Uve Liability Insurance
· I Should any reqtured insurance lapse during the contract term, requests for payments
onlgnaung after such lapse shall not be processed until the City p~ceives satisfactory
evidence of reinstated coverage as reqmred by this contract, effective as of the lapse
date If insurance is not l~mstated, City may, at ~ts sole option, terminate this
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
~4ll insurance Policies proposed or obtained m satl~Cactlo~ of this Contract shall addftlonally
comply wlth the following marked st~¢~fieations, and shall be maintained
these additional specifications throughout the duration of the Contract, or longer, ~f so noted
A, General Liability Insurance:
General Liability insurance vath combined single lumts of not less than $ ~ shall be
prowded and maintained by the Contractor The policy shall be written on an
occurrence basis either m a single policy or m a combination of underllang and
umbrella or excess policies
C kMy Doom~ts~M80ffioe\W'mword/B~d 2734~ P~an C'l~doo 12/4t~1
If the Commercial General Lmbfi~ty form (ISO Form CG 0001 current edmon) ~s
used
· Covemga A shall include premises, operations, products, and completed
operations, independent contractors, contractual hablhty covenn§ th~s
contract and broad form property damage coverage
· Coverage B shall include personal inJury
· Coverage C, medical payments, is not reqmred
If the Comprehensive ~oneral Luibthty form (ISO Form GL 0002 Current Echtion
and ISO Form eL 0404) Is used, it shall Include at least
· Bo&ly injury and Property Damage Lmbfllty for prermses, operations,
products and completed operations, independent contractors and property
damage resulting from explostun, collapse or underground (XCU)
exposures
· Broad form contractual liability (ta'oferably by endorsement) covering this
contract, personal injury hablhty and broad form property damage habfllty
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance wqth Combined
Smile Lmuts (CSL) of not less than $ either m a smile policy or in a combination of
basic and umbrella or excess policies The policy yell include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction voth this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement for
* arty auto, or
· all owned, hued and non-owned autos
[X] Workers Compen~tion Insurance
Contractor shall purchase and mmntam Worker's Compensation insurance which, in
addmon to me~ting the mimmum statutory requirements for issuance of such insurance,
has Employer's Liablhty limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational chsease The City need not bo
named as an "Adchtional Insured" but 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 by the Named Insured For building or construction projects, the
Contractor shall comply w~th the prosnslons of Attachment 1 in accordance w~th
§406096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
C ~My Dooumon~vlS Oltt~Wmword~ut 2734- P~ Cro~k doc 12/4/01
Compensation Commission (TWCC)
Owner*s and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintmn at all times dunng the prosecution of
thet work under flus contract, an OwoeFs and Contractor's Protective Llabihty ~nsurance
policy naming the City as insured for property damage and bodily injury wluch may arise
m the prosecuUon of the work or Contractors operaUons under flus contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's habihty insurance Policy limits will be at least
combined bodily injury and property damage per occurrence with a
aggregate
Fire Damage Legal Liability Insurance
Coverage is reqmred ff Broad form Cmneral Liability Is not provided or is unavmlable to
the contractor or ifa contractor leases or rents a portion ora City hmldmg Limits of not
less than each occurrence are reqmred
[ ] Professional Liability Insurance
Professional liability insurance with lmuts not less than per clann with
respect to negligent acts, errors or omissions in connection with professional serwces is
reqmred under flus Agreement.
[ ] Builders* Risk Insurance
Builders' l~sk Insurance, on an All-Risk form for 100% of the completed value shall be
prowded Such policy shall include as '~Narned Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
spec~c senace agreements If such additional insurance is re, qua'ed for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications
C ~vly Do~unmllz~v~ Offioo~Wmword~ld 2734- Peoan Creek.doe 12/4/01
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Defim~aonS
Cemficate of coverage ('*ocm~lcate")-A copy of a eertificate of insurance, a
certificate of authority to self. insure ~ssued by the conumss~on, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entitys employees
providing services on a project, for the duration of the project
Duration of the project - includes the time from the begmmng of the work on the
project until the contractors/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 wath the contractor and regardless of whether that person has employees
This includes, without hm.~tation, independent contractors, subcontractors, leasing
compames, motor c~Wners, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or dehvenng equipment or
materials, or provadmg labor, transportation, or other serwce related to a project
"Services" does not include actiwtles unrelated to the project, such as food/beverage
vendors, office supply dehvenes, and dehvery of portable toilets
B The contractor shall provide coverage, based on proper 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
prxor to being awarded the contract
D If thc coverage period shown on the contractor's current certificate of coverage ends
during the duration 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
C ~My D~umentshMS Oflloe\Wmw~cd~Bld 2734- Perm Creekdo~ 12/4/01
E The contractor shall obtmn from each person provithng services on a project, and
pro, nde to the governmental entity
(I) a cemficate of coverage, prior to that person beginning work on the project, so
the governmental entity veil have on file certificates of coverage showing
coverage for all persons prov~ding services on the project, and
(2) no later than seven days after recellX by thc contractor, a new cemficate of
coverage showing extension of coverage, If the coverage period shown on the
current certificate of coverage ends dunng the duration of the project
F The contractor shall retain all reqmred cemficates of coverage for the duration of the
project and for one year thereafter
G, The conm~ctor shall notl~ the governmental entity m venting by cemfied nmi or
personal delivery, v~.hm. 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, m the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
prowdlng serwces on the project that they are reqmred to be covered, and stating
how a person may verify coverage and report lack of coverage
! The contractor shall contractually require each person w~th whom it contracts to
prowde sennces on a project, to'
(1) provide coverage, based on proper repomng 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 pwvidmg serwces on the project, for the duration of the pwJect,
(2) prowde to the contractor, prior to that person begmmng work on the project, a
cer~ficate of coverage show~ng that coverage is being prowded for all
employees of the person prowdmg serwces on the project, for the duration of
the project,
(3) prowde the contractor, prior to the end of the coverage period, a new
cert~cate of coverage showng extension of coverage, if the coverage period
shown on the current cemficate of coverage ends dunng the duration of the
project,
C '~y Daou~e~z~b/I$ Offi~W'mwor&B~d 27~4- ~ C'tm~doo 12/4/01
(4) obtain from each other person w~th whom ~t contracts, and provide to the
contractor
(a) a cemficate of coverage, prmr to the other person beginning work on the
project, and
(b) a new cemficate of coverage show~ng extension of coverage, prmr 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,
(S) retmn all reqmred certificates of coverage on file for the duration of the project
and for one year thereafter,
(6) notify the governmental entity m writing by certified mail or personal delivery,
vathm 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person proving serwces
on the project, and
(7) contractually reqmre each person vath whom a contracts, to perform as
reqmred by paragraphs (1) - (7), w~th the certificates of coverage to be
promded to the person for whom they are prowdmg serwces
J By sigmng this contract or providing or causing to be provided a cemficate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide sermces on the project will be covered by
workers' compensation coverage for the duration of the project, that tim coverage
will be based on proper repomng of classification codes and payroll mounts, and
that all coverage agreements vail be filed w~th the appropriate insurance career or,
in the case of a self-insured, with the comnnssion's Division of Self-Insuranee
Regulation Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, clv~l penalties, or other civil actions
K The contractor's fmlure to comply vath any of these provisions is a breach of
contract by the contractor which entities the governmental entity to declare the
contract void if the contractor does not remedy the breach w~thm ten days after
receipt of notice of breach from the governmental entity
C ~vly Dooum~nt~vffi Offi~WmwordkB~d 2734~ Pman Cr~k. doo 12/4/01
· . That such insurance is primary to any other insurance available to the
addmonal insured w~th respect to clauns covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
stat is brought The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability
· All policies shall be endorsed to ~
"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 DA YS AD VANCE WRITTEN NO TI CE IS RE Q UIRED ".
· Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of fins
contract and, w~thout lapse, for a period of three years beyond the contract expiration,
such that occurrences arising dunng the contract term wtuch give nsc to claims made
after expiration of the contract shall be covered
· Should any of the required insurance be prowded under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence hrmts or obtain Owners and Contractors Protective
Lmblhty Insurance
· Should any required insurance lapse dunng the contract term, requests for payments
, ongmatang after such lapse shall not be processed until the City receives satisfactory
' evidence of reinstated coverage as required by this contract, effective as of the lapse
date If Insurance is not reinstated, City may, at its sole option, terminate flus
agreement effective on the date of the lapse
SPECII~IC ADDITIONAL INSURANCE REQUIREMENTS:
All msurahce pohctes proposed or obtained tn satzsfactwn of thts Contract shall ad&t~onally
comply wt~h the following marked spec~ficatwns, and shall be maintained m comphance with
these additional spec~ficatwns throughout the duratwn of the Contract, or longer, ~f so noted
[X] A General Liability Insurance:
, General Liability insurance wath combined single hmlts of not less than `i
.shall be provided and maintained by the Contractor The policy shall be written on
an occurrence basis either m a single policy or In a combination of underlying and
umbrella or excess policies
S \prch\Contracts Decuraant~Bld 2734 Pecan Creek dec 12/5/01
If the Connnercml General Lmbfl~ty form (ISO Form CG 0001 current edition) ~s
used
· Coverage A shall anclude premases, operatmns, products, and completed
operatmns, independent contractors, contractual habfl~ty covering flus
contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, mcchcal payments, as not required
If the Comprehensive General L~ablhty form (ISO Form GL 0002 Current Edatlon
and ISO Form GL 0404) as used, at shall include at least
· Bodily injury and Property Damage L~abflaty for premases, operatmns,
products and completed operations, independent contractors and property
damage resulting from explosaon, collapse or underground (XCU)
exposures
· Broad form contractual habflaty (preferably by endorsement) covenng th~s
contract, personal injury habflaty and broad form property damage habfl~ty
[X] At~tomobile Lmbdaty Insurance.
Contractor shall provide Commercial Automobile L~abahty insurance wath Cominned
Single Lmnts (CSL) of not less than g, 500~O00 eather m a sangle pohcy or an a
combmatton of basra and umbrella or excess pohcaes The pohcy will include bodily
injury and property damage hablhty arising out of the operation, mmntenance and use of
all automobiles and mobile eqmpment used an conjunctaon wath this contract
Sat~sfactaon of the above reqmrement shall be an the form of a pohcy endorsement for
· any auto, or
· all owned, hared and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and mmntmn Worker's Compensataon ansurance winch, ~n
addataon to meeting the mammum statutory reqmrements for ~ssuance of such ~nsurance,
has Employer's Laabflaty Inmts of at least $100,000 for each accadent, $100,000 per each
employee, and a $500,000 pohcy hrmt for occupatmnal d~sease The C~ty need not be
named as an "Add~tmnal Insured" but the ~nsurer shall agree to wmve all rights of
subrogataon against the C~ty, ~ts officaals, agents, employees and volunteers for any work
per£orrned for the C~ty by the Named Insured For bmldang or construction projects, the
Contractor shall comply wath the prov~smns of Attachment 1 an accordance wath
§406 096 of the Texas Labor Code and role 28TAC 110 110 of the Texas Worker's
S \prch\Contract~ DocumentskBld 2734- Pecan Creek doc 12/5/01
Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obUun, pay for and maintain at all times dunng the prosecution of
the work under tbs contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury wluch may arise
in ,the prosecution of the work or Contractor's operations under this contract Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
eo~npany that carnes the Contractor's liability insurance Policy limits will be at least
Sl ~0~0;000 combined bodily injury and property damage per occurrence with a
, aggregate
[ ] Fire Damage Legal Lmbility Insurance
Coverage is reqmred if Broad form General Liability is not provided or is unavmlable to
the contractor or ifa contractor leases or rents a portion cfa City bmldlng Limits of not
le~s than each occurrence are reqmred
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to neghgent acts, errors or omissions m connection with professional services is
reqmred under this Agreement
[ x] Builders' Risk Insurance
Builders' Pdsk Insurance, on an All-Pdsk form for 100% of the completed value shall be
prowded Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be reqmred on an individual basis for extra hazardous contracts and
specific service agreements If such additional insurance is reqmred for a specific
contract, that requirement will be described m the "Specific Conditions" of the contract
specifications
$ \prch\Contracts Documents\Bid 2734 Pecan Creek doc 12/5/01