HomeMy WebLinkAbout1998-174ORDINANCE NO q6' 1 %
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
GROUND WATER MONITORING WELLS, PROVIDING FOR THE EXPENDITURES OF
FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2204 — GROUND
WATER MONITORING WELLS AWARDED TO ETTL ENGINEERS & CONSULTANTS INC
IN THE AMOUNT OF $87,150 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances, 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 of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2204 ETTL ENGINEERS & $ 87J50.00
CONSULTANTSINC.
SACTION II That the acceptance and approval of the above competitive bids 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 in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
$FCTION IV That upon acceptance and approval of the above competitive 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
approved bids and authorized contracts executed pursuant thereto
SUCTION V That tlus ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 16* day of ,1998
JAC LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
TAN! 74 MR ���
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2204 CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 16 day of JUNE A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
ETTL ENGINEERING & CONSULTANTS INC.
1717 E. ERWIN
TYLER, TX 75702
of the City of TYLER County of SMITH and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2;04 — GROUNDWATER MONITORING WELLS
in the amount of $879150.00 and all extra work in connection therewith, under the terms
as stated in the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal attached hereto, and
in accordance with all the General Conditions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in
CA - 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
WATER ENGINEERING DEPARTMENT
all of which are 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 Contractor shall perform the services
hereunder according to the attached specifications 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 indemnify 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 occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it 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 against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall 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 in 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 this agreement
in the year and day first above written
1I i .�.
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ATTEST
41....
APPROVED AS
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OWNER
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MAILING ADDRESS
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17a r' f e-1 t E , F tat"C
PRINTED NAME
(SEAL)
PERFORMANCE BOND BOND NO 101576
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That ETTL ENGINEERS &
CONSULTANTS INC., whose address is 1717 E. ERWIN, TYLER, TX 75702, hereinafter
called Principal, and MARKEL INSURANCE COMPANY , a corporation organized and
existing under the laws of the State of TEXAS, 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 organized and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of EIGHTY SEVEN THOUSAND ONE HUNDRED AND AND
FIFTY and no/100 DOLLARS ($87,150.00) 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, administrators, 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 winch
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 98-174, with the
City of Denton, the Owner, dated the 16 day of JUNE A.D. 1998, a copy of winch is hereto
attached and made a part hereof, for BID # 2204 — GROUNDWATER MONITORING
WELLS.
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
hereafter 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 workmanslup 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 winch Owner may suffer by reason of failure to so perform
herein and shall fully reimburse 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 remain in full force and effect
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PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of tune, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , 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 addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herem as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 16 day of JUNE 1998.
ATTEST PRINCIPAL
aw!
BY
PRESIDENT
SURETY
MARKEL INSURANCE COMPANY
BY p J
AT' 9RffiTAN- ACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME HIBBS-HALLMARK & COMPANY
STREET ADDRESS
501 SHELLEY DRIVE, TYLER, TEXAS 75711
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PAYMENT BOND BOND NO 101576
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That ETTL ENGINEERS &
CONSULTANTS INC., whose address is 1717 E. ERWIN, TYLER, TX 75702, hereinafter
called Principal, and MARKEL INSURANCE COMPANY , a corporation organized and
existing under the laws of the State of TEXAS, 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 organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or unprovements hereinafter referred to, in the penal sum of
EIGHTY SEVEN THOUSAND AND ONE HUNDRED AND FIFTY and no/100
DOLLARS ($ 87,150.00) 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, administrators, 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 98-174, with the City of
Denton, the Owner, dated the 16 day of .TUNE A.D. 1998, a copy of which is hereto attached
and made a part hereof, for BID # 2204 — GROUNDWATER MONITORING WELLS.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of winch modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herem as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 16 day of JUNE, 1998.
ATTEST PRINCIPAL
AINIff Y"i f-�-d ✓15%J ktNEsT
B����
PR SIDEN
SURETY
••
LINDA SPRING
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME HIBBS-HALLMARK & COMPANY
STREET ADDRESS
501 SHELLEY DRIVE, TYLER, TEXAS 75711
(NOTE Date of Payment Bond must be date of Contract
corporation, give a person's name)
2204 CONTRACT & BONDS
If Resident Agent is not a
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS
That Markel Insurance Company ("Corporation"), a corporation organized and existing under the laws of the State of Illinois, with
its mam office at Shand Morahan Plaza in the City of Evanston, Illinois, and the administrative office at Richmond, Virginia, does
hereby nominate, constitute and appoint, for the purpose stated herein, Hibbs -Hallmark & Company, Tyler, Texas, acting through
its staff, Billy E Hibbs, Gary Howell, Billy Hibbs, Jr, Robert Monaghan or Linda Spring, its true and lawful attomey(s)-in-fact,
with full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and
States where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of
suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond
program developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing, and the execution of such
bands in pursuance of these presents shall be as binding upon said Markel Insurance Company to all intents and purposes as if
duly executed by its Chairman, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice
President, sealed with its corporate seal, and attested by its Secretary or Assistant Secretary
This Power of Attorney and Certificate of Authority shall only be valid if evidencing original or facsimile signatures and only if
the raised seal of the Corporation is affixed hereto This Power of Attorney and Certificate of Authority is made and executed
by authority of a resolution adopted by the Board of Directors, of which the following is a true and exact copy
"RESOLVED
That, pursuant to Section 8 6 of the Corporation's Bylaws, the Chairman, Vice Chairman, President and Chief
Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary
are hereby authorized and empowered as the Corporation's attorney -in -fact, to make and execute on behalf of
the Corporation, in Illinois and States where the Corporation is qualified to act as an admitted insurer, bonds,
recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the
payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation and
are further authorized and empowered to select and appomt individuals as its attorney-m-fact, with full power
and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois
and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, undertakings,
contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license,
permit and miscellaneous bond program developed by the Corporation, provided further, that the liability of
the Corporation on any such writing executed under this authority shall not exceed $5,000,000, also to execute
such msmiments as may be necessary or proper in connection with the settlement of claims or the recovery of
reinsurance or salvage
IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and
the Corporate Seal to be hereunto affixed this 7th day of January , 1998
MARKEL INSURANCE COMPANY
By (), &mod
Garry W Black, Vice President
COUNTY OF HENRICO )
COMMONWEALTH OF VIRGINIA )
The foregoing instrument was acknowledged before me this 7th day of January 19 98 by
Ga,= W. Black Vice President Markel Insurance Company
i�� 2���a P ✓ny�
�E Cynthia C Vayo, Notary Public
�w POP.My Commission Expires June 30, 2000
CERTIFICATE
I, the undersigned, Assistant Secretary of MARKEL INSURANCE COMPANY, a stock corporation of the State of Illmots,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force
and has not been revoked, and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the
Certificate of Authority, are now in force
Signed and Sealed at the Home Office of the Company, in the City of Evanston, State of Illinois, Dated this
16TH day of JUNS , 19gg_
By Myra I Hey, Assistant Secretary
WORK DAYS 25
BID NO 2204
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
TP-1
Monitor Well
20
EA
$ 1775/EA
$ 35,500 00
Umt Price m Words
TP-2
I Piezometer Well
3
EA
$ 1775/EA
$ 5,325 0
Umt Price m Words
TP-3
I Gas Probe
15
EA $ 99dEA
$ 14,850 0
Umt Price m Words
TP-4 I
Utility Vent
4 1
EA 1
$ 925fEA
$ 3,700 0
Umt Price in Words
TP-5
I Abandon Monitor Well
5
EA
$ 4751EA
$ 2,375 0
Umt Price m Words
TP-6
Monitor Well Equipment
1
LS
$ 19,800.00
$ 19,800 0
Umt Price m Words
7
Mobilization
1
LS
$ 5600 / mmmmmT$
5,600 0
Umt Price m Words
$ /
$
Umt Price m Words
$ /
$
Umt Price m Words
$ /
$
Umt Price m Words
$ /
$
Umt Price m Words
P - 3
BID SUMMARY
TOTAL BID PRICE IN WORDS Eighty seven thousand and one hundred and fifty dollars
and no cents
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
compliance with the terms and provisions of the contract, to insure and guarantee the work
until final completion and acceptance, and to guarantee payment for all lawful claims for labor
performed and materials furnished in the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
finished in accordance with the plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final
Unit and lump -sum prices as shown for each item listed in this proposal, shall control over
extensions
CONTRACTOR
BY ETTL E ineers & Consultants Inc
1
1717 E Erwin
Street Address
Tyler, Texas 75702
City and State
Seal & Authorization
(If a Corporation) 903-595-4421
Telephone
MW
SAFETY AFFIDAVIT
STATE OF TEXAS §
COUNTY OF SMITH §
Darrell E F14 President of ETTL Engineers & Consultants Inc appeared personally
before me, the undersigned authority, and, upon oath, deposed and stated
My name is Darrell E Flatt, President of ETTL Engineers & Consultants Inc and its
business address is 1717 East Erwin Street, Tyler, Texas 75702-6398 I have personal
knowledge of the facts set forth below and am competent and authorized to make this affidavit
Ali field personnel have received OSHA 40-hour training (29 CFR 1910 120), updated
8-hour refresher courses and they all participate in a medical monitoring program
ETTL Engineers & Consultants Inc has never had any penalties, notices of violation,
fines or citations for any type of safety violations It has never had any form of serious, repeat
or willfid safety violations in its 30 plus year history
ETTL maintains an excellent safety record through continual employee safety training
and education, random site safety audits and "tailgate" safety meetings
ETTL ENGINEERS & CONSULTANTS INC
I
By /'— if —
DarrellE Fiatt
Authorized Representative of
ETTL Engineers & Consultants Inc
14-t1
Subscribed and sworn to before me on this the day of May 1998
:.,Y. r , :.:..
,. � . P� Notary Public,
JUL 13 '98 09 10 FR HIBBS HRLLMRRK CO 903 58159M TO 919403497302556 P 01/01
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BOX 8357
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VOLUNTEERS
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** TOTAL PAGE 01 **
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates
and endorsements as prescribed and provided herein If an apparent low bidder
fads 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 this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid Contractor
shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City
of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements
shall comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the
Contract, or longer, if so noted•
CI-1
Each policy shall be issued by a company authorized to do business
in the State of Texas with an A M Best Company rating of at least A
Any deductibles or self -insured retentions shall be declared in the
bid proposal If requested by the City, the insurer shall reduce or
eliminate such deductibles or self -insured retentions with respect to the
City, its officials, agents, employees and volunteers, or, the contractor
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses
Liability policies shall be endorsed to provide the following
Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers
That such insurance is primary to any other insurance
available to the additional insured with respect to claims covered
under the policy and that this insurance applies separately to each
insured against whom claim is made or suit is brought The
inclusion of more than one insured shall not operate to increase the
insurer's limit of liability
All policies shall be endorsed to provide thirty(30) days prior
written notice of cancellation, non -renewal or reduction in coverage
Should any of the required insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of three years
beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the
contract shall be covered
Should any of the required insurance be provided 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
limits or obtain Owners and Contractors Protective Liability Insurance
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Should any required insurance lapse during the contract term,
requests for payments originating 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 this agreement
effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this
Contract shall additionally comply with the following marked
specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or
longer, if so noted
[ XI A General Liability Insurance
General Liability insurance with combined single limits of not less than
$1 Million ($1,000,000) shall be provided and maintained by the
contractor The policy shall be written on an occurrence basis either in a
single policy or in a combination of underlying and umbrella or excess
policies
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used
Coverage A shall include premises, operations,
products, and completed operations, independent contractors,
contractual liability covering this contract and broad form
property damage coverage
Coverage B shall include personal injury
Coverage C, medical payments, is not required
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If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least
Bodily injury and Property Damage Liability for
premises, operations, products and completed operations,
independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures
Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury liability and
broad form property damage liability
[XI Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $1 Million ($1,000,000))
either in a single policy or in a combination of basic and umbrella or excess
policies The policy will include bodily injury and property damage liability
arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy
endorsement for -
any auto, or
all owned, hued and non -owned autos
[X ] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for
issuance of such insurance, has Employer's Liability limits of at least
$100,000 for each accident, $100,000 per each employee, and a $500,000
policy limit for occupational disease The City need not be named as an
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"Additional 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 with the provisions of
Attachment 1 in accordance with §406 096 of the Texas Labor Code and
rule 28TAC 110 110 of the Texas Worker's Compensation Commission
(TWCC)
[ 1 Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution
of the 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 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 company that carries the contractor's liability
insurance Policy limits will be at least combined bodily injury and
property damage per occurrence with a aggregate
[ I 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
required
[ 1 Professional Liability Insurance
Professional liability insurance with limits not less than per
claim with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement
[ 1 Builders' Risk Insurance
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Builders' Risk Insurance, on an All -Risk form for 100% of the completed
value shall be provided Such policy shall include as "Named Insured" the
City of Denton and all subcontractors as their interests may appear
[ 1 Additional Insurance
Other insurance may be required 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 the
"Specific Conditions" of the contract specifications
ATTACHMENT1
[X 1 Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate") -A copy of a certificate of
insurance, a certificate of authority to self -insure issued by the
commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83,
or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a
project, for the duration of the project
Duration of the project - includes the time from the beginning of the
work on the project until the contractor's/person's work on the project
has been completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in
§406.096) - includes all persons or entities performing all or part of the
services the contractor has undertaken to perform on the project,
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regardless of whether that person contracted directly with the contractor
and regardless of whether that person has employees This includes,
without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such
entity, or employees of any entity which furnishes persons to provide
services on the project "Services" include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project "Services" does not
include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor
Code, Section 401 011(44) for all employees of the contractor providing
services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the
governmental entity prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of
coverage ends during the 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
E The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends
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during the duration of the project
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified
mail or personal delivery, within i v days after the contractor knew or
should have known, of any change that materially affects the provision
of coverage of any person providing services on the project
H The contractor shall post on each project site a notice, in the text, form
and manner prescribed by the Texas Workers' Compensation
Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify
coverage and report lack of coverage
The contractor shall contractually require each person with whom it
contracts to provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of its employees providing services on the
project, for the duration of the project,
(2) provide to the contractor, prior to that person beginning work on
the project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
project, for the duration of the project,
(3) provide the contractor, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends
during the duration of the project,
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(4) obtain from each other person with whom it contracts, and provide
to the contractor
(a) a certificate of coverage, prior to the other person beginning
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the and of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project,
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mad or
personal delivery, within 10 days after the person knew or should
have known, of any change that materially affects the provision of
coverage of any person providing services on the project, and
(7) contractually require each person with whom it contracts, to
perform as required by paragraphs (1) - (7), with the certificates of
coverage to be provided to the person for whom they are providing
services
J By signing this contract or providing or causing to be provided a
certificate of coverage, the contractor is representing to the
governmental entity that all employees of the contractor who will provide
services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that
all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of
Self -Insurance Regulation Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions
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K. The contractor's failure to comply with any of these provisions is a
breach of contract by the contractor which entitles the governmental
entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the
governmental entity
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