2000-463 ORDINANCE NO ~0-~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE RELOCATION OF NORTH COUNTY LINE ROAD BRIDGE,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (BID 2601 - NORTH LAKES PARK PEDESTRIAN BRIDGE AWARDED
TO SENECA CONTRACTING IN THE AMOUNT OF $131,000 00)
WHEREAS, the City has sohclted, and received competitive sealed b~ds for the construction
of public works or improvements m accordance with the procedures of STATE law and City
ordmances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest respondent for the construction of the public works or
lmprovenlents described in the bid invitation, and plans and specifications therein, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction ofpubhc works
or improvements, as described m the "Sealed Bid Invitations", or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are
hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2601 Seneca Contracting $131,000 00
SECTION II That the acceptance and approval ofthe above competitive sealed bid shall not
constitute 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 m the Notice to Bidders including the t~mely execution of a written contract
and furm~hmg of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SECTION III That the City Manager ~s hereby authorized to execute all necessary written
contracts t'or the performance of the construction of the public works or improvements in accordance
with the b~ds accepted and approved hereto, provided that such contracts are made ~n accordance
with the Notme to Bidders and Request for Sealed B~ds, and documents relating thereto spemfymg
the terms, conditions, plans and specifications, standards, quantities and spemfied sums contmned
therein
SI~CTION W That upon acceptance and approval ofthe above competitive sealed bids and
the execution of contracts for the public works and improvements as authorized herein, the City
Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in
such apprm ed bids and authorized contracts executed pursuant thereto
SE£ TION V That thru ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the/4¢ dayof ~~ 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
A'I-rACHMENT 1
TABULATION SHEET
B~d # 2601 Date 11/28/00
NORTH LAKES PARK PEDESTRIAN BRIDGE
No I DESCRIPTION VENDOR VENDOR VENDOR VENDOR
SENECA GIBSON &
ASHLAR ORVAL HALL
CONTRACTING ASSOCIATES
Principle Place of Bus, ness DENTON LEWlSVILLE BALCH SPRINGS FORT WORTH
TOTAL BASE BID $131,000 00 $147,800 00 $133,370 00 $160,180 00
1
BID BOND YES YES YES YES
2
ATTACHMENT 2
I
I
I
JOHN I
I
BAUER i
WIN R
~ I- ~1, PROPOSED BRIDGE LOCATION
TING PEDESTRIAN BRIDGE
~ NORTH LAKES PARK
UNIVERSITY
I
I o. EME
I
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 19 day of December A D, 2000,
by and between City of Denton of the County of Denton and
State of Texas, acting through ~ereunto duly authorized so to do,
hereinafter termed "OWNER," and
Seneca Cnntraetln_~ Cor.nnratmn
PO Box !470
Denton, TX 76202
of the C~ty of Denton , County of Denton and
State of Texas , hereanafter termed "CONTRACTOR"
WITNESSETH That for and in consaderaUon of the payments and agreements
heretnafter mentmned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees wath OWNER to
commence and complete performance of the work specffied below
B~d 2601 - North l.akes Park Pedestrian Br~d_~e
in the amount of .5;131,000 and all extra work ~n connectaon therewith, under the terms
as stated, m the General Condmons of the agreement, and at h~s (or thear) own proper cost and
expense i to furmsh all materials, supphes, machinery, eqmpment, tools, superintendence,
labor, insurance, and other accessories and servaces necessary to complete the work specafled
above, m accordance w~th the condmons and prices stated m the Proposal and the Performance
and Payment Bonds, attached hereto, and m accordance w~th all the General Condmons of the
Agreement, the Specml Condataons, the Not,ce to B~dders (AdverUsement for Bads), and
Instrucuons to Badders, as referenced here~n and on file an the office of the Purchasing Agent,
and ~n accordance w~th the plans, which includes all maps, plats, bluepnnts, and other
drawings and pnnted or written explanatory matter thereof,
CA- 1
and the Specffieations therefore, as prepared by
Tea?e Nail and Perkins: Inc.
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 City 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 income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Comractor shall perform the services
hereunder according to the attached specfficatlons at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to lndemmfy and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasmned by any error, omission or negligent act of Contractor,
as officers, agents, employees, mvltees, and other persons for whom a is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton agmnst any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
constructmn and enforcement shall lie 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 m written notice to commence work and complete all work
within the time stated in the Proposal, subJeCt to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subJeCt to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed th~s agreement
m the year and day first above written ~
tT-'"F~- - - O'WNER /
(SEAL)
ATTEST
CONTRACTOR
P, O, ~o~ 14-'n 0
MAILING ADDRESS
PHONE NUMBER
q~0 -- 3~L- 0'95 o
FAX NUMBER
TITLE p ~C~ ~ D ~ ~T
IJA~ ~ Lv~N~06~
APPROVED AS TO FOR ~ P~NTED NAME
CA - 3
Bond # SA3836
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Seneca Contracting whose
address lb PO Box 1~.70 Denton: TX 76202 , hereinafter called Principal, and
lln~ ~rl .q~'~ato~ F~ d~l ~ ey ~. O.,,~r~nty C~mp~ny , a corporation organized and
existing t~nder the laws of the State of Maryland , 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 corporation orgamzed and existing under the laws of the State of Texas, hereinafter
called Owner, m the penal sum of One l-hmdred Thirty One Thon~and and no/100
DOLLARS ($ 131:000 ) 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, in lawful money of the United States,
to be paid in Denton County, Texas, for the payment of which sum well and truly to be made,
we hereby bind ourselves, our heirs, executors, admmmtrators, 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 2000-463, with the
City of Denton, the Owner, dated the 19 day of December A D 2000, a copy of which
Is hereto attached and made a part hereof, for Ft~d # 2601 - North l.akes Park Pedestrian
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereaftel be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period 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 reunburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remam in full force and effect
PB - 1
PROVIDED FURTHER, that ff any legal action be filed upon this Bond, exclumve
venue shall he tn Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulatesI and agrees that no change, extension of nme, alteranon or add,non to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficattons,
Drawings, etc, accompanying the same, shall m anywme affect its obhgatton on thru Bond,
and it does hereby waive notice of any such change, extension of ume, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficatmns, Drawings, etc
Thru Bond ts given pursuant to the provmtons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and demgnated agent m hereby demgnated by the Surety herein as the
Remdent Agent tn Denton County to whom any reqmslte notices may be delivered and on
whom service of process may be had m 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, this instrument ts executed in 4 copies, each one of
which shall be deemed an original, this the 19 day of December ,
ATTEST PRINCIPAL
Seneca Contractzng Corporatzon
BY
SECRETARY BY
PRESIDENT
ATTEST SURETY
/~ Unlte/d~<~ates Fzdelzty & Guaranty Company
ATTORNEY-IN-FACT Stack. Gross
The Resident Agent of the Surety tn Denton County, Texas for dehvery of notice and sermce
of the process ts
NAME Bole¥ Featherston Insurance Agency
STREET ADDRESS 701 Lamar, Wzch~ta Falls, IX 76301
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a
corporation, give a person's name )
PB - 2
Bond # SA3836
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That ~a~x~, whose
address tS PO Box 1470 Denton. TX 76202 , hereinafter called Principal, and
Unxted States Fxdel~t¥ & Guaranty Company , a corporanon organ~ed and
extstmg under the laws of the State of ~ , and fully authorized to transact bumness in the
State of Texas, as Surety, are held and firmly bound unto the Cay of Denton, a mumc~pal
corporatmn orgamzed and exmtlng under the laws of the State of Texas, heremafter called
Owner, and unto all persons, firms, and corporations who may furmsh materials for, or
perform labor upon, the bmldmg or waprovements hereinafter referred to, m the penal sum of
One Hnpdred Thirty One Thousand and no/100 DOLLARS ($ 131.000 ) in lawful money of
the Umtad States, to be pard tn Denton, County, Texas, for the payment of which sum well
and truly to be made, we hereby bind ourselves, our he~rs, executors, admmmtrators,
successors, and asmgns, jointly and severally, firmly by these presents Thru Bond shall
automattcally be increased by the amount of any Change Order or Supplemental Agreemem
whtch increases the Contract price, but m no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the
Prlnctpal, entered into a certain Contract, tdentffied by Ordinance Number _2OOfl=_4fi3~-, w~th
the Ctty of Denton, the Owner, dated the 19 day of December A D ~0.0_, a copy of
which m hereto attached and made a part hereof, for B~d 2601 - North Lakes Park Pedestrmn
NOW, THEREFORE, ff the Principal shall well, truly and fatthfully perform its duttes
and make prompt payment to all persons, firms, subcontractors, corporauons and claimants
supplying labor and/or material m the prosecution of the Work prowded for m smd Contract
and any and all duly authorized modfficattons of smd Contract that may hereafter be made,
notme of whmh modfficattons to the Surety bemg hereby expressly watved, then thts obligation
shall be votd, otherwme it shall remain tn full force and effect
PROVIDED FURTHER, that ff any legal actxon be filed on th~s Bond, exclumve venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value recmved, hereby
stipulates and agrees that no change, extenmon of t~me, alteranon or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficattons,
Drawings, etc, accompanying the same, shall ~n anywise affect ~ts obhgat~on on thru Bond,
and tt does hereby watve nottce of any such change, extenmon of t~me, alterauon or add~tton to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specfficattons, Drawings, etc
PB - 3
This Bond ts given pursuant to the provisions of Chapter 2253 of the Texas
Governmgnt Code, as mended, and any other applicable statutes of the State of Texas
The undersigned and designated agent m hereby designated by the Surety herein as the
Resident IAgent m 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, Vemon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of
which sh~ll be deemed an original, this the 19 day of December, 2000
ATTEST PRINCIPAL
BY
SECRETARY BY
PRESIDENT
ATTEST SURETY
ATTORNEY-IN-FACT Stac~ Gross
The Resldent Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
NAME Boley Featherston Insurance Agency
STREET ADDRESS 701 Lamar, Wzchzta Falls, TX 76301
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 4
lillipUt, mi i1 POWER OF ATTORNEY
~l~l I U~ll
Seaboard Surety Company Umted States Fidebty and Cuaranty Company
St Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St Paul Guardian Insurance Company gldehty and Guaranty Insurance Underwr;ters, lm
St Paul Mercury Insurance Company
Power ol Attorney No 20290 (;ertllleate No G ( _~_ 5 3 7
KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is acm poralmn duly or~, m~zcd under the law~ ol the Mate of New York md th ~t
St Paul F~re and Mmme Insurance Company St Paul Guardian Insurance Company and St Pml Mercury In,m race Compmy a~c corporanun, duly org m~zud tmdc~
the laws ol the Stdte of Minnesota and that United States Ftdehty and Guaranty Company ~s a corpm moa duly org UuTed undcl th~. I iw~ of lbe State ol M uyl md tad
that F~dehty and Gualanty Insurance Company ts a corpmatton duly organized unde~ the laws ol tbe q~ae ol Iowa md tbll F~debty md Gu,u-amy Insutanuc
Donal Boley, Steve Deal and Stacl Gross
Wtcluta Falls Texas
IN WITNESS WHFREOF the Compamcq have c rased t ns tnqtrument lo be signed and sealed this 1st day ol DecembeI 1999
%aboard Suret~ Company Umted States Fidelity and Guaranty Company
St Paul Fire and Marine Insurelffll~¢Compan. y I~Mehty and Guaranty Insurance Company
St Paul Guardian lnsuranc~(~fn~any~ FMehty and Gnaranty Insnrancc Underwriters Inc
St Paul Mercury InsuranceQo~n~y
~ ~ O ~ ~ ~O ~ ~ JOl[N ~ PHINNFY Vice Ple~ldt nt
Stale ol M tryl uld ~LOg~-~ ~ ~~
On this 1st day of Deee~er 1999 bctore tne tbe undersigned oll~cc~ pcr~(mally appeared John ~ Phmnc3 and
In W,tness Whereof, I hereun~ set my hand and off, cml seal ~ ~~'r~
86203 Rev 7 2000 Pnnted m U S A
Fh~s Power et Attorney ts granted under md by the authority el the lollowmg re,elations adopted by the Boards el D~rectors of Seaboard Surety Company St Paul
Fire and Manne Insurance Company St P~ul Gnardlan Insurance £ompany St Paul Me~cmy Insurance Company Umted States Fldehty and Guaranty Company
F~debtyandGuarantyln~urmccCompany Ind F~dcblyandGuirqnty In~urmcc Underwriters Inc on September2 1998 whlchresolutlonsare now mlulllorceand
effect reading as followq
tccordance w~th these rcsolutmns q ud Power(~) el Attorney lot and on behalf of the Company may and shall be executed m the name and on behalf of the
which ~t ~s vahdly attached ~nd
and effect and has not been revoked
IN FESTIMONY WHFR~O~, I hereunto sci my hand th~ 19th day et December 2000
T~ ver~y the authentt~t~ ~J th~s P~wer ~f Att~rney~ call ~ 8~ 42~ ~88~ and~ ~he ~ ~f At~mey clerk Plea~e refer to the Power oJ Attorney number
the abo~e named mdtwduala and the detatl~' of the bond to whte~ the po~er ~ attaeh~ ~
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attentton ts directed to the insurance requtrements below. It ts htghly recommended
that btdders confer wtth thetr respective tnsurance carriers or brokers to determtne tn advance
of Bid submission the avadabdtty of msurance certificates and endorsements as prescribed
and provided herein. If an apparent low btdder fails to comply strtctly with the tnsurance
requtrements, that btdder may be disqualified from award of the contract Upon btd award, all
tnsurance requtrements shall become contractual obhgattons, whtch the successful btdder
shall have a duty to matntatn throughout the course of this contract.
STANDARD PROVISIONS:
Wtthout hmtttng any of the other obhgattons or habdtttes of the Contractor. the Contractor shall
provtde and matntatn unttl the contracted work has been completed and accepted by the City of
Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafler
As soon as practtcable after nottficatton of bid award, Contractor shall file wtth the Purchastng
Department sattsfactory certtficates of tnsurance, contamtng the btd number and tttle of the
project Contractor may, upon wrttten request to the Purchastng Department, ask for
clartficatton of any tnsurance requtrements at any trine, however, Contractors are strongly
advtsed to make such requests prtor to btd opentng, stnce the tnsurance requtrements may not be
modtfied or watved after btd opentng unless a wrttten exceptton has been submttted wtth the btd
Contractor shall not commence any work or dehver any material untd he or she recetves
notificatton that the contract has been accepted, approved, and stgned by the City of Denton.
All tnsurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply
wtth the following general spectficattons, and shall be rnatntatned tn compltance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be ~ssued by a company authorized to do bus~ness ~n the State of
Texas w~th an A M Best Company rattng of at least A
· Any deductibles or self-insured retentions shall be declared ~n the b~d proposal If
requested by the Ctty, the ~nsurer shall reduce or ehmtnate such deducttbles or
self-~nsured retentions w~th respect to the Ctty, ~ts officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related mvest~gat~ons, elatm admlmstrat~on and defense expenses
· L~abthty pohc~es shall be endorsed to provide the following
· . Name as additional ~nsured the C~ty of Denton, tts Offietals, Agents,
Employees and volunteers
** That such ~nsurance is primary to any other insurance avmlable to the
additional insured with respect to claims covered under the pohcy and that th~s
insurance applies separately to each ~nsured agmnst whom clmm ~s made or
suit ~s brought The ~ncluslon of more than one ~nsured shall not operate to
increase the insurer's llm~t of habthty
· All pohctes 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 NOTICE IS REQUIRED".
· Should any of the reqmred insurance be provided under a claims-made form,
Contractor shall mmntam such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract explratton,
such that occurrences arising dunng the contract term whmh give nsc to clmms made
after expiration of the contract shall be covered
· Should any of the reqmred ~nsurance be prowded under a form of coverage that
includes a general annual aggregate hmlt providing for clmms ~nvestlgat~on or legal
defense costs to be Included m the general annual aggregate hmlt, the Contractor
shall either double the occurrence hm~ts or obtmn Owners and Contractors Protective
Llabd~ty Insurance
· Should any required Insurance lapse dunng the contract term, requests for payments
originating after such lapse shall not be processed until the C~ty receives satisfactory
ewdence of reinstated coverage as required by thxs contract, effective as of the lapse
date If insurance is not reinstated, C~ty may, at ~ts sole option, terminate thru
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All tnsurance pohctes proposed or obtained tn sattsfactton of thts Contract shall addtttonally
comply Ivtth the followtng marked spectficattons, and shall be matntamed tn comphance with
these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
A General Liability Insurance'
General Liability insurance with combined s~ngle llmtts of not less than Sl
shall be provided and mamtalned by the Contractor The pohcy shall be written on
an occurrence bas~s either in a s~ngle pohcy or ~n a comb~natlon of underlytng and
umbrella or excess pohcles
If the Commercial General L~ablhty form (ISO Form CG 0001 current edition) ~s
used
· Coverage A shall ~nclude premises, operations, products, and completed
operations, independent contractors, contractual hab~hty covenng this
contract and broad form property damage coverage
· Coverage B shall include personal injury
· Coverage C, medical payments, ~s not reqmred
If the Comprehenstve General L~abthty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) m used, ~t shall include at least
· Bodily injury and Property Damage Llablhty for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual hab~hty (preferably by endorsement) covenng this
contract, personal injury habthty and broad form property damage hablhty
[X] Automobile Liability Insurance'
Contractor shall prowde Commercml Automobile Lmbd~ty ~nsurance w~th Combined
Single Limits (CSL) of not less than $1~ooo~ooo either m a single policy or m a
combination of basic and umbrella or excess pohcles The pohcy will include bodily
injury and property damage habfilty arising out of the operation, mmntenance and use of
all automobiles and mobile equipment used m conjunction with th~s contract
Satisfaction of the above reqmrement shall bc in the form of a pohcy endorsement for
· any auto, or
· all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall pumhase and mmntmn Worker's Compensation ~nsurance whmh, ~n
addition to meeting the minimum statutory reqmrements for issuance of such ~nsurance,
has Employer's L~abfllty hm~ts of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy hmlt for occupatmnal disease The City need not be
named as an "Additional Insured" but the insurer shall agree to wmve all rights of
subrogatxon agamst the C~ty, xts officials, agents, employees and volunteers for any work
performed for the Cxty by the Named Insured For bmldxng or constmctmn projects, the
Contractor shall comply wxth the provisions of Attachment 1 ~n accordance with
§406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtmn, pay for and maintain at all times during the prosecution of
tlxe work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may ansc
m 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
company that cames the Contractor's liability 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 required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building Limits of not
less than each occurrence are reqmred
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per clam with
respect to neghgent acts, errors or omissions in cormectlon with professional services is
required under this Agreement
[ ] Builders' Risk Insurance
Builders' Pdsk Insurance, on an All-Risk form for 100% of the completed value shall bc
provided Such policy shall include as "Named Insured" thc City of Denton and all
subcontractors as their interests may appear
[X] Additional Insurance
Other insurance may be reqmred on an individual basis for extra hazardous contracts and
specific service agreements If such additional insurance is required for a specific
contract, that requirement will be described in thc "Spccffic Conditions" of thc contract
specifications
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Constructson Projects for
Governmental Entit~es
A Defimt~ons
Certfficate of coverage ("certfficate")-A copy of a certfficate of ~nsurance, a
certtficate of authority to selfqnsure msued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or ent~ty's employees
prowdmg sennces on a project, for the duration of the project
Duration of the project - ~ncludes the t~me from the beg~nmng 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 prowrhng servmes on the project ("subcontractor" in §406 096) - includes all
persons or ent~t~es performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted d~rectly w~th
the contractor and regardless of whether that person has employees Thru includes,
without hmltatmn, independent contractors, subcontractors, leasing compames,
motor careers, owner-operators, employees of any such entity, or employees of any
entity which furmshes persons to provide services on the project "Services" include,
w~thout hm~tatmn, providing, hauling, or debvenng eqmpment or materials, or
providing labor, transportatmn, or other service related to a project "Serwces" does
not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office
supply dehvenes, and dehvery of portable toilets
B The contractor shall prowde coverage, based on proper repomng of classfficatlon
codes and payroll amounts and fihng of any overage agreements, which meets the
statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor providing servmes on the project, for the duration of the project
C The Contractor must prowde a certfficate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certfficate of coverage ends
dunng the duration of the project, the contractor must, prior to the end of the
coverage period, file a new cemficate of coverage w~th the governmental entity
showing that coverage has been extended
E The contractor shall obtmn from each person prow&ng services on a project, and
prowde to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work on the project, so
the governmental entity will have on file cemficates of coverage showing
coverage for all persons provldmg 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, ~f the coverage period shown on the
current certificate of coverage ends dunng the duration of the project
F The contractor shall retmn all reqmred certfficates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certffied mall or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person prowding
sermces on the project
H The contractor shall post on each project s~te a notice, ~n the text, form and manner
prescnbed by the Texas Workers' Compensation Commission, ~nformlng all persons
prowdlng services on the project that they are reqmred to be covered, and stating
how a person may verify coverage and report lack of coverage
I The contractor shall contractually reqmre each person with whom it contracts to
provide services on a project, to
(1) provide coverage, based on proper reporting of classfficat~on 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 1ts
employees prowdmg services on the project, for the duration of the project,
(2) prowde to the contractor, prior to that person beglnmng work on the project, a
certificate of coverage showing that coverage ~s being prowded for all
employees of the person providing servmes 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 showing extension of coverage, ~f the coverage period shown on
the current certificate of coverage ends dunng the duration of the project,
(4) obt~un from each other person w~th whom ~t contracts, and provide to the
contractor
(a) a cemfieate of coverage, prior to the other person beglnmng work on the
project, and
(b) a new certfficate of coverage showing extension of coverage, prior to the
end of the coverage period, ~f the coverage period shown on the current
certfficate of coverage ends dunng the duration of the project,
(5) retmn all reqmred certificates of coverage on file for the duration of the project
and for one year thereafter,
(6) not~fy the governmental entity m writing by certffied mml or personal dehvery,
w~th~n 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person prowd~ng servmes
on the project, and
(7) contractually reqmre each person with whom it contracts, to perform as
reqmred by paragraphs (1) - (7), with the certificates of coverage to be
prowded to the person for whom they are providing servmes
J By signing th~s contract or provtdmg or causing to be prowded a cemficate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who wall prowde services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage w~ll be
based on proper reporting of classfficatlon codes and payroll amounts, and that all
coverage agreements wall be filed w~th the appropriate ~nsurance earner or, m the
case of a selfqnsured, w~th the commission's D~vls~on of Self-Insurance Regulation
Prowchng false or m~slead~ng information may subject the contractor to
adm~mstrat~ve penalties, criminal penalties, c~wl penalties, or other civil actions
K The contractor's failure to comply with any of these provisions ~s a breach of contract
by the contractor winch entitles the governmental entity to declare the contract void
ff the contractor does not remedy the breach w~thln ten days after receipt of notme of
breach from the governmental entity
Bid 2601- North Lakes Park Pedestrian Bridge - CONTRACT, Bonds & INS 1-2001
BID NO 2601
PO NO
BID TABULATION SHEET
NORTH LAKES PARK PEDESTRIAN BRIDGE
ITEM !1 DESCRIPTION I QUANTITYI UNIT sUNIT PRICE I$ TOTAL
' Contractors Warrant~es and
1 , Understandmg
UnitPncemWords, ~'I~E. "rlJo(J&)~.~o
2 ' Br~lgeRem°ve and Relocate Existing Truss 1 LS $ 50~ o o o"°° $ '~OI ooo~o
UnltPrlce~nWords ~FTY 'TkloU
o0
3 [ Structural Steel Repairs 1
Unit Pnce m Words ~1'/. 'l'H ouSa ~-
UnltPricelnWords ..rHi~TEE~j 'Ti. ~(J3Akl~) {~oc{../~$ ._,---~-e~_
5 i ]Bndge Painting/Sandblasting I lES
Unit Pnce ~n Words -ri./i ~.~ E.E ~
Unit Pnca in Words 01dE. HUkiO~E£
i Concrete Abutments and Approach
7 Sabs 1 LS $
unit Pn-
8 ,IWooden Handrail 1 J LS
UqltPncalnWords ~i~E "TIJOuSA~.J,O
9 ! Mobilization I J LS
unit Price inWords ~ ~l ~ 'T H o u6 ~
10 Traffic Control Plan 1
UnltPnce~nWords ~)~/E. THou'SAgo
11 iISed,ment Control Plan 1
Unit Pnce ~n Words -r H ~. E ~--'-
TOTAL BID $ oo
151/oeo --
P-3
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure
proper c0mphance w~th the terms and prowslons of the contract, to ~nsure and
guarantee the work until final completion and acceptance, and to guarantee payment for
all lawful claims for labor performed and matenals furnished ~n the fulfillment of the
contract
It ~s understood that the work proposed to be done shall be accepted, when fully
completed and flnmhed ~n accordance w~th the plans and speclficabons, to the
sabsfacb0n of the Engineer
The undersigned certifies that the bid pnces contained in th~s proposal have been
carefully checked and are submitted as correct and final
Umt and lump-sum pnces as shown for each item hsted ~n th~s proposal, shall control
over extensions
CONTRACTOR Seal (If a Corporabon)
BY,(A,~thonza_t?~
City and St'ate
P-4
C/lent~ 36395 SENEC
ACDSD CERTIFICATE OF LIABILITY INSURANCE
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
FIlgglnbotham & Assoc , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DBA Denton Insurance Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P O Drawer C
Denton, TX 762 02 INSURERS AFFORDING COVERAGE
INBURED INSURERA BITUMINOUS INSUR3LNCE CO
Seneca Contracting Corporation INSURERB
P O Box 1470
INSURER C
Denton, TX 76202
INSURER D
J INSURER E
COVERAGES
THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS
INSR POIJCY EFFECTIVE 7POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YY~j PATI~ (M~P~NYY) LIMITS
A GENERALUAS,L,TY CLP3062013B 07/01/00'07/01/01 EACNOCCURRENCE '$1,000,000
X COMMERCIALGENERALLIABILITY FIREDAMAGE(Anyoneflre_) $ 100, 000
I CLAIMS MADE [] OCCUR MED EXP (Any one perso.) $ 5; 000
----- PERSONAL&ADVINJURY_ $1/ 000 / 000
GENERALAGGREG_ATE_ $2 z 0001000
GENLAGGREGATELIMITAPPLIESPER PRODUCTS COMP/OPAGG $2 / 00~ 000
-- PRO
A AUTOMOBILE LIABIklTY CAP3089181B 07/01/00 07/01/01 COMDINEC SINGLE LIMIT
-- ANYAUTO (Es accident) $1 i 000, 000
ALL OWNED AUTOS
-- BODILY INJURY
SCHEDULED AUTOS (Per pem0n)
BODILY INJURY
X NON OWNEDAUTOS I (Peracc~dent)
-- - - PROPERTY DAMAGE I $
(Per accident)
GARAGE LIABILITY AUTO ONLY EAACCIDENT $
ANY AUTO OTHER THAN EA A_CC $
AUTO ONLY AGG $
A EXCESELIABILITY CUP2527034B 07/01/00 07/01/01 EACH OCCURRENCE $1,000 L000
_~ OCCUR [~ CLAIMS MADE AGGREGATE --- - $_1_, 0 0 O, 0 0 0
A WORKERS OOMPENBATION AND WC3088662 07/01/00 07/01/01 ITORYLIMITS J r ER
E L EACH A_C~CIDENT $ 500 ~ 000
E L _DIS~EA_SE EA EMPLOYEE $ 5_00 · 000
EL DISEASE POLICYLIMIT $ 500 t 000
DESCRIPTION OF OPERATIONS/LOCATIONWVEHICLE~/EXOLUEIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE Bid 2601 North Lakes Park Pedestrian Bridge
Cancellation Clause is amended to Read Policies shall not be Cancelled,
Nonrenewed Or Materially Changed Without 30 Days Advanced Written Not~ce
Being Given TO The City of Denton, Texas Except When The Policy Is Being
(See Attached Descriptions)
CERTIFICATE HOLDER ADDITIONALINBURED INSURERLIETFER CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TN E EXPIRATION
C~ty of Dentonl Texas DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TOMAIL'~ (~ DAYSWRITTEN
901-B Texas Street NOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFTBUTFAJLURETODOSOBHALL
ACORD25'S(7/97)l of 3 #S53226/M48187 MYA OACORDCORPORATION1988
IMPORTANT
If the certihcate holder ~s an ADDITIONAL INSURED, the pohcy0es)must be endorsed A statement
on th~s cert~hcate does not confer rights to the cert#mate holder m heu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and condmons of the policy, certain pohmes may
require an endorsement A statement on th~s cerbhcate does not confer r~ghts to the cerhhcate
holder ~n heu of such endorsement(s)
DISCLAIMER
The Cerbflcate of Insurance on the reverse side of th~s form does not constitute a contract between
the Issuing insurer(s), authorized representabve or producer, and the cert~hcate holder, nor does ~t
affirmatively or negatively amend, extend or alter the coverage afforded by the pohc~es hsted thereon
ACORD25'S(7/97)2 of 3 #S53226/M48187
DESCRIPTIONS (Continued from Page 1)
Cancelled For Nonpayment of Premium In Which Case 10 Days Advance Written
~otlce Is Required
~11 Policies Except the Worker's Compensation are amended to include the
City of Denton, its Officials, Agents, Employees and Volunteers as
Additional Insured Insurance is primary to any other insurance
available to the City of Denton with respect to claims covered under the
policy and that this insurance applies separately to each insured against
whom claim is made or su~t is brought The inclusion of more than one
insured shall not operate to increase the insurer's limit of liability
The Workers' Compensation Policy included a Waiver of Subrogation ~n favor
of the City of Denton, its officials, agents, employees and volunteers
AM$ 25 3 (07/97) 3 of 3 #S53226/M48187