1999-282ORDINANCE NO q~'c~O ~~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A FUEL FACILITY, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2392 - LANDFILL FUEL
FACILITY AWARDED TO EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,
INC IN THE AMOUNT OF $60,537)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction ofpubhc 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 Nds for the construction of the public works or
improvements described m the Nd mwtat~on, bid proposals and plans and specfficat~ons therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competlUve bids for the construction of public works or
improvements, as described in the "B~d Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasmg Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2392
Eagle Construction and Environmental Services, Inc $ 60,537
SECTION 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 reqmrements specified m the Notice to Bidders including the timely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certificate after
notfficatlon of the award of the bid
SECTION III That the Clty Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or ~mprovements ~n accordance
with the bids accepted and approved herem, provided that such contracts are made in accordance
with the Notme to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specfficatlons, standards, quantities and spemfied sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized heroin, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified ~n such
approved bids and authorized contracts executed pursuant thereto
SECTION V That tbas ordinance shall become effective lmmedmtely upon its passage and
approval
of 1999
PASSED AND APPROVED th~s the day
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2392 - CONTRACTUAL ORD
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
7 SEPTEMBER
THIS AGREEMENT, made and entered into this 'S'Ehn~ day of
A D , 19 99, by and between CITY OF DENTON
of the County of DENTON and State of Texas, acting through MICHAEL W 3EZ
thereunto duly authorized so to do, hereinafter termed "OWNER," and
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES INC
PO BOX 872
EASTLAND, TX 76448
of the City of EASTLAND
and State of TEXAS
, County of EASTLAND
, hereinafter termed "CONTRACTOR"
WITNESSETH That for and m 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 2392 - LANDFILL FUEL FACILITY
in the amount of $60,537 and all extra work in connection therewith, under the terms
as stated m the General Con&tlons of the agreement, and at his (or their) own proper cost and
expense to furmsh all materials, supphes, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and serwces necessary to complete the work specified
above, in accordance w~th the cond~Uons and prices stated m the Proposal attached hereto, and
in accordance with all the General Conditions of the Agreement, the Special Condlt~ons, the
Notice to B~dders (Advertisement for BMs), Instructions m B~dders, 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 drawmgs and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON STAFF
all of which are made a part hereof and collectively evidence and constitute the entxre 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, w~thhold~ng, 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 accordmg to the attached specifications at the general threctlon of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemmficatlon
Contractor shall and does hereby agree to mderamfy and hold harmless the C~ty 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,
~ts officers, agents, employees, mvitees, and other persons for whom It IS legally liable, with
regard to the performance of this Agreement, and Contractor will, at ~ts 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 ~ts
construction and enforcement shall lie m 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 m the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR m 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 part~es of these presents have executed th~s agreement
the year and day first above written
ATTEST
CITY OF DENTON
(SEAL)
Bobby C /i~ur~:y f ' /
Secretary/Treasurer
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, INC
CONTRACTOR
P 0 Box 872
Eastland, Texas 76448
MAILING ADDRESS
(254) 629-1718
PHONE NUMBER
(254) 629-8625
CA - 3
FAX NUMBER ~ _
~TATL"E - President
Joe L Walraven ~
' SEAL
~_ 1985
PRINTED NAME
BOND NO. NSU 1721644
STATE OF TEXAS
PERFORMANCE BOND
§
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That EAGLE CONSTRUCTION
AND ENVIRONMENTAL SERVICES, INC whose address is PO BOX 872,
EASTLAND, TX 76448 , hereinafter called Prmmpal, and ~LIASCE NATIONAL INDEMNITY ,COMPANY
a corporation organ,zed and existing under the laws of the State of TEXAS , and fully
authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and exmtmg under the laws of the State
of Texas, hereinafter called Owner, m the penal sum of SIXTY THOUSAND FIVE
HUNDRED THIRTY SEVEN and no/100 DOLLARS ($ 60,537) 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 m Denton County, Texas, for the
payment of Much sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, adm,mstrators, 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 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 is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 99-282 , with the
City of Denton, the Owner, dated the 7 day of SEPTEMBER A D 1999, a
copy of which is hereto attached and made a part hereof, for BID 2392-LANDFILL FUEL
FACILITY
NOW, THEREFORE, if the Principal shall well, truly and fmthfully 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, condnlons
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 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 mdenmify 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 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
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie m Denton County, State of 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 Comract, 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 tune, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawmgs, 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 herein as the
Resident Agent in Denton County to whom any requisite 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, tins mstrument is executed in 4 copies, each one of
which shall be deemed an ortgmal, this the 7 day of SEPTEMBER 1999
ATTEST
SECRETARY - Bol{~by C Jlurry
PRINCIPAL
~ ~ICES, INC
EAGLE CONSTRUCTION AiqD
ATTEST S
BY
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and serwce
of the process is
NAME DERRELL C. DODSON
STREET ADDRESS 835o MEADOW ROAD, SUITE 181, DALLAS, TX 75231
(NOTE Date of Performance Bond must be date of Contract
corporation, give a person ts name )
PB - 2
If Resident Agent ts not a
fl signt~J bnd ~heir ~o~f~te seals to be hsreto afl]xed, this Febn~ery 8
authorized offlosr
iI
II i iI
tl~e ;aais of smd Companiss this
a~d
purpose therein
iI I
Notary Pubh0 in and~f~r ~he State of Pennsylvaflm
~ PACIFIG INSU~NCE COMPANY, and
oo~reet ~py of the Power of A~orney
1999
IiI
i II
BOND NO NSU 1721644
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, INC , whose address ~s PO BOX 872, EASTLAND, TX
76448 , hereinafter called Principal, and RELIANCE NATIONAL INDEMNITY t:ON,e~%%rporat~on
orgamzed and exmtang under the laws of the State of TEXAS , and fully
anthorlzed to transact business m the State of Texas, as Surety, are held and firmly bound unto
the C~ty of Denton, a mumc~pal corporation orgamzed and exmtmg under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furmsh matemals for, or perform labor upon, the building or ~mprovements hereinafter referred
to, in the penal sum of SIXTY THOUSAND FIVE HUNDRED THIRTY SEVEN and
no/100 DOLLARS ($ 60,537 ) m lawful money of the Umted States, to be prod in Denton,
County, Texas, for the payment of wfuch sum well and truly to be made, we hereby brad
ourselves, our he,rs, executors, admlmstrators, successors, and assigns, iomtly and severally,
firmly by these presents This Bond shall automatically be increased by the amount of any
Change Order or Supplemental Agreement which ~ncreases the Contract pmce, but ~n no event
shall a Change Order or Supplemental Agreement which reduces the Contract pmce decrease
the penal sum of thru Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, ~dentlfied by Ordinance Number 99-282, with the
C~ty of Denton, the Owner, dated the 7 day of SEPTEMBER A D 1999 , a
copy of which is hereto attached and made a part hereof, for BID 2392-LANDFILL FUEL
FACILITY
NOW, THEREFORE, ff the Pmnclpal shall well, truly and fmthfully perform ~ts duties
and make prompt payment to all persons, firms, subcontractors, corporations and claunants
supplying labor and/or material m the prosecution of the Work provided for ~n smd Contract
and any and all duly authorized modtficatxons of said Contract that may hereafter be made,
notxce of which modifications to the Surety being hereby expressly wmved, then thru obhgat~on
shall be vmd, otherwme it shall remmn ~n full force and effect
PROVIDED FURTHER, that ff any legal action be filed on th~s Bond, exclumve venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
stipulates and agrees that no change, extenmon of t~me, 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 ~n anywise affect ~ts obhgat~on on th~s Bond,
and ~t does hereby wmve notice of any such change, extension of t~me, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB - 3
This Bond Is given pursuant to the prowmons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and demgnated agent m hereby demgnated by the Surety here~n as the
Remdent Agent m Denton County to whom any reqmmte nonces may be dehvered and on
whom service of process may be had m matters arising out of such suretyship, as prowded by
Article 7 19-1 of the Insurance Code, Vemon's Annotated C~vd Statutes of the State of Texas
IN WITNESS WHEREOF, thru instrument ~s executed in 4 copies, each one of
which shall be deemed an original, this the 7 day of SEPTEMBER 1999
ATTEST
PRINCIPAL
BY
SECRETAR){ --Bo~blT~ C
ATTEST
BY
SURETY
EAGLE CONSTRUCTION AND ENVI ~ICES, II
~/TREn3ID~NTz Joel ~~
COMPANY
The Remdent Agent of the Surety in Denton County, Texas for dehvery of not~ce and serwce
of the process is
NAME DERRELL C DODSON
STREET ADDRESS 8350 MEADOW ROAD, SUITE 181, DALLAS, TX 75231
(NOTE Date of Payment Bond must be date of Contract
corporatton, gtve a person ts name )
BID 2392 PERFORMANCE & PAYMENT BONDS (ONLY)
If Restdent Agent ts not a
PB - 4
iI
,PENNSYLVANIA
Article Vtl of the
and
iiI
the laws
the laws of
hereby make,
seal and
an I.=xeo utive
their said
,,~,~'le to be h~retO af~xe~', this Febru,. 8
i of said ¢ompaniea this :__
~Of Pennavlven,a
:OMPANY and
L999
BID NUMBER 2392 BID PROPOSALS PAGE 2 OF 4
C~ty of D~nton, Texas 901-B Texas St
Pm'chime Department Denton, Texas 76201
1 10,000 Gallon above ground tank with dispensers I $53,124 $53,124
1 $ 7,413 $ 7,413
2 Electromc Fuel Management System with modem and software
TOTAL BID AWARD $60,537
NOTE
A Pre-b~d conference will be held at 9 30 AM on July 23, 1999 at the
Denton Mumcipal Landfill, 5166 Foster Road, Denton, TX 76207 for the
purpose of reviewing the stte locations and clarifying the bid
spe¢ffications, terms and condtuons An addendum wdl be msued if
determined to be necessary
We quote the above f o b delivered to Denton, Texas Slupment can be made tn 120 days from receipt of order Terms net/30 unless otherwise indicated
In submmmg the above b~d the vendor agrees that acceptance of any or all bid itams by the C~ty of Denton Texas within a reasonable period of ume consmatas a contract
The complete Btd Proposal must be prol~rly priced mgned and returned
EAGLE CONSTRUCTION AND
P O Box 872 ENVIRONMENTAL SERVICES, INC
Mailing Address Bidder/Company
Eastland Texas 76448 ~~~'~
C~ty State Z~p Signature
(254) 629-1718 (254) 629-8625 Mare W Walraven
Telephone Fax Number Prm~/Type Name
Vxce President
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attention ts dtrected to the tnsurance reqmrements below It ts htghly recommended
that bidders confer wtth thetr respective tnsurance carriers or brokers to determme tn
advance of Btd submtsston the avadabd~ty of insurance certificates and endorsements as
prescribed and provtded hereto If an apparent low btdder fads to comply strictly with the
insurance reqmrements, that btdder may be dtsquahfied from award of the contract Upon
btd award, all msurance reqmrements shall become contractual obhgattons, whtch the
successful btdder shall have a duty to maintain throughout the course of this contract
STANDARD PROVISIONS'
Wtthout hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor
shall provtde and matntam untd the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtmmum tnsurance coverage as tndtcated heretnafler
As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the Purchastng
Department sattsfactory certtficates of tnsurance, contatmng 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 opemng, stnce the tnsurance requtrements may not
be modtfied or watved after btd opemng unless a wrttten exceptton has been submttted wtth the
bid Contractor shall not commence any work or dehver any material until he or she
recetves nottftcatton that the contract has been accepted, approved, and stgned by the City of
Denton
All tnsurance pohctes proposed or obtatned tn sattsfacuon of these reqmrements shall comply
wtth the followtng general spectficattons, and shall be matntatned tn compltance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
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 m the b~d proposal If
requested by the City, the insurer shall reduce or ehmlnate such deductibles or
selfqnsured retentions with respect to the City, ~ts
officmls, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related mvemgat~ons, claim admm~stratton and
defense expenses
CI- 1
Ltabfllty 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 prunary 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 llnnt of hablhty
All pohcles shall be endorsed to read
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
Should any of the 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 exptratlon 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 hnnt providing for clmms ~nvesugat~on or legal
defense costs to be included in the general annual aggregate lima, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance
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
CI - 2
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance pohctes proposed or obtatned tn sansfactton of this Contract shall ad&tionally
comply wtth the followtng marked spectficattons, and shall be maintained tn compliance with
these additional spectficattons throughout the duration of the Contract, or longer, tf so noted
[X ] A General Liability Insurance.
General Llablhty insurance with combined single hmlts of not less than $500,000
shall be provided and mamtamed by the Contractor The policy shall be written on
an occurrence bas~s exther m a smgle pohcy or ~n a combmaUon of underly:ng and
umbrella or excess pohmes
If the Commercml General Llabflxty form (ISO Form CG 0001 current edmon) ts
used
Coverage A shall ~nclude premises, operaUons, products, and completed
operations, mdependent contractors, contractual habfl~ty covermg th~s
contract and broad form property damage coverage
· Coverage B shall ~nclude personal mjury
· Coverage C, medical payments, is not reqmred
If the Comprehensive General L~abthty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
Bodily mjury and Property Damage Lmbfl~ty for premises, operaUons,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
Broad form contractual llablhty (preferably by endorsement) covenng th~s
contract, personal injury babfllty and broad form property damage
liability
[X] Automobile Lmb~hty Insurance:
Contractor shall prowde Commercml Automobile Lmbfl~ty ~nsurance w;th Combined
Single Lwmts (CSL) of not less than $500,000 etther ~n a single pohcy or ~n a
combmaUon of basic and umbrella or excess pobc~es The pobcy wall include boddy
mjury and property damage bablhty arising out of the operation, maintenance and use
of all automobiles and mobile eqmpment used m conjunction w~th th~s contract
CI - 3
ix]
Satisfaction of the above reqmrement shall be an the form of a pohcy endorsement for
· any auto, or
· all owned, hired and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and mmntain Worker's Compensation ansurance whach, an
additaon to meeting the minanum statutory reqmrements for assuance of such insurance,
has Employer's Liability hmtts of at least $100,000 for each accident, $100,000 per
each employee, and a $500,000 pohcy lnmt for occupatmnal thsease The Caty need
not be named as an "Additional Insured" but the insurer shall agree to wmve all rights
of subrogataon against the Caty, as officials, agents, employees and volunteers for any
work performed for the Cxty by the Named Insured For building or construction
projects, the Contractor shall comply with the provasaons of Attachment 1 tn accordance
with §406096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Comm~ssaon (TWCC)
[1
Owner's and Contractor's Protective Lmbfl~ty Insurance
The Contractor shall obtam, pay for and mmntam at all tames during the prosecution of
the work under this contract, an Owner's and Contractor's Protective L~abthty
insurance pohcy nanung the Cay as insured for property damage and bodily ~njury
which may arise m the prosecution of the work or Contractor's operaUons under this
contract Coverage shall be on an "occurrence" basas, and the pohcy shall be issued by
the same insurance company that carries the Contractor's habthty insurance Pohcy
lma~ts wall be at least combined bodily injury and property damage per
occurrence w~th a aggregate
[1
Ftre Damage Legal L:abihty Insurance
Coverage ~s reqmred ff Broad form General L~abthty is not provaded or is unavailable
to the contractor or ~f a contractor leases or rents a portion of a C~ty building Lamlts
of not less than each occurrence are reqmred
[]
Professmnal L~ability Insurance
Professaonal hablhty insurance wath llmats not less than per clmm wath
respect to neghgent acts, errors or om~ss~ons in connection wath professaonal services is
reqmred under this Agreement
CI - 4
[]
[]
IX]
Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100 % of the completed value shall be
provided Such pohcy shall include as "Named Insured" the C~ty of Denton and all
subcontractors as their interests may appear
Additional Insurance
Other insurance may be required on an md~wdual basis for extra hazardous contracts
and specific service agreements If such additional insurance is reqmred for a specific
contract, that requirement wall be described in the "Specific Condit~ons" of the contract
specifications
ATTACHMENT 1
Worker's Compensat,on Coverage for Bu,ld~ng or Construct,on Projects for
GovernmentaJ Ent~tms
A Deflmt~ons
Certificate of coverage ("cert~f~cate")-A copy of a certd~cate of
insurance, a certificate of authority to self-insure ~ssued by the
commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83,
or TWCC-84), showing statutory workers' compensation ~nsurance
coverage for the person's or ent~ty's employees prowd~ng serwces 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 contractor's/person's work on the project
has been completed and accepted by the governmental entity
Persons providing serwces on the project ("subcontractor" ~n §406 096)
- includes all persons or ent~t~es performing all or part of the serwces 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 Th~s ~ncludes, w~thout
hm~tat~on, ~ndependent contractors, subcontractors, leasing compames,
motor carriers, owner-operators, employees of any such entity, or
employees of any entity whmh furmshes persons to prowde serwces on
the proJect "Serwces" include, w~thout hm~tat~on, prowd~ng, hauhng, or
delivering equipment or materials, or providing labor, transportation, or
other serwce 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 todets
C1-5
B
C
D
F
G
H
The contractor shall prowde coverage, based on proper reporting of
class~hcat~on codes and payroll amounts and hhng 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
The Contractor must provide a cert~hcate of coverage to the
governmental entity prior to being awarded the contract
If the coverage period shown on the contractor's current cert~hcate of
coverage ends dunng the duration of the project, the contractor must,
prior to the end of the coverage period, hie a new cert~hcate of coverage
w~th the governmental entity show~ng that coverage has been extended
The contractor shall obtain from each person prowd~ng serwces on a
project, and prowde to the governmental entity
(1)
a cert~hcate of coverage, prior to that person beg~nmng work on the
project, so the governmental entity wdl have on hie cert~hcates of
coverage showing coverage for all persons prowd~ng serwces on the
project, and
(2)
no later than seven days after receipt by the contractor, a new
cert~hcate of coverage showing extension of coverage, ~f the
coverage period shown on the current cert~hcate of coverage ends
during the duration of the project
The contractor shall retain all required cert~hcates of coverage for the
duration of the project and for one year thereafter
The contractor shall not~fy the governmental entity ~n wr~ung by ceruhed
ma~l or personal dehvery, w~th~n 10 days after the contractor knew or
should have known, of any change that mater~ally affects the provision
of coverage of any person prowd~ng serwces on the project
The contractor shall post on each project s~te a not~ce, ~n the text, form
and manner prescribed by the Texas Workers' Compensation
Commission, informing all persons prowd~ng serwces on the project that
they are required to be covered, and stating how a person may verify
coverage and report lack of coverage
CI - 6
The contractor shall contractually require each person w~th whom ~t
contracts to prowde serwces on a project, to
(1) prowde coverage, based on proper reporting of class~hcat~on codes
and payroll amounts and hhng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of ~ts employees prowd~ng serwces on the
project, for the duration of the project,
(2) prowde to the contractor, prior to that person beginning work on
the project, a cert~hcate of coverage showing that coverage ~s being
prowded for all employees of the person prowd~ng serwces on the
project, for the duration of the project,
(3)
prowde the contractor, prior to the end of the coverage per~od, a
new cert~hcate of coverage showing extension of coverage, ~f the
coverage period shown on the current cert~hcate of coverage ends
during the duration of the project,
(4) obtmn from each other person w~th whom ~t contracts, and prowde
to the contractor
(a) a certlhcate of coverage, prior to the other person beg~nmng
work on the project, and
(b)
a new cert~hcate of coverage showing extension of coverage,
prior to the end of the coverage per~od, ~f the coverage per~od
shown on the current cert~hcate of coverage ends during the
duration of the project,
(5) retain all required certificates of coverage on hie for the duration of
the project and for one year thereafter,
(6)
not~fy the governmental entity m writing by cert~hed ma~l or
personal dehvery, w~thm 10 days after the person knew or should
have known, of any change that materially affects the prows~on of
coverage of any person providing serwces on the project, and
(7)
contractually require each person w~th whom ~t contracts, to
perform as required by paragraphs (1) - (7), w~th the cert~hcates of
coverage to be prowded to the person for whom they are prowd~ng
services
C1-7
By s~gmng th~s contract or prowd~ng or causing to be provided a
certificate of coverage, the contractor ~s representing to the governmental
entity that all employees of the contractor who w~ll prowde serwces on
the project w~ll be covered by workers' compensation coverage for the
duration of the project, that the coverage wdl be based on proper
reporting of classification codes and payroll amounts, and that all
coverage agreements wdl be filed w~th the appropriate ~nsurance carrier
or, ~n the case of a self-~nsured, w~th the commission's D~ws~on of Self-
Insurance Regulation Prowd~ng false or m~sleadmg ~nformat~on may
subject the contractor to admlmstrat~ve penalties, criminal penalties, c~wl
penalties, or other c~wl actions
K
The contractor's fadure to comply w~th any of these prows~ons ~s a
breach of contract by the contractor which ent~tles the governmental
entity to declare the contract void ~f the contractor does not remedy the
breach w~th~n ten days after receipt of not~ce of breach from the
governmental entity
CI- 8
~nnalrd Rossander & Perry
N Lamar
Box 351
~stland TX 76448
ACoRD. OF UA;EiIU i NSURANCE
--- ~ TH~"CE~IF~6A+~"~S' 'I"~UE6 AS'A MA~ER OF INFORMATION
~ucaR ONLY AND CONFERS NO RIG.S UPON THE CE~IFICATE
HOLDER THIS CE~IFICATE DOES NOT AMEND, ~END OR
ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW
COMPANIE~ AFFORDING COVERAGE _
~MPANY
A RELI~CE NATIONAL INDE~ITY
EAGLE CONSTR~;C~ION AND ENVIRONMENTAL SERVICES
INC
EO
M~ANY GREAT ~34ERICAN
SURED
BOX 872
EASTLAND T~ ~6448
'(~t~J~[S CERTIFY TH~:~THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THiS IS TO
INDICATED NOTW~THO?ANDINGI ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE I~UED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDiTIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OFINSURANCE
ANY AUTO
ALL OWNED AUTOS
DILDERS RISK
EXCE~S LIABILITY
UMBRELLA FORM
:l THAN UMBRELLA FORM
WORKERS COMPEHSATIO# AHS
4KA169000004
02/28/99 02/28/00
Y INJURY
~ROPERTY OAMAGE
EA ACCIDENT
THAN AUTO ONLY
EACH ACCIDENT
743 780
BINDER 09/09/99 05/30/00
AGGREGATE
5 000 OOC
5 000 00£
1071202 02/28/99 02/28/00 --
NWA2518274 03/12/99 03/12/00
NTF251268403 02/28/99 02/28/00
DESCRIPTION OF OPERATiONS~QCA~OSS~EHICLES~PECIALITEMB
CITE OF DENTON ITS OFFICIALS AGENTS EMPLOYEES & VOLUNTRBRS SF~L SE NAMED
AS ADDL INS ON ALL ~OLICIES EXCEPT W COMP AMD WITS A WAIVER OF SUBROGATION
ALL POLICIES TNIS INS WILL BS PRIMARY TO AMY OTSER INS AVAII~LE
1000000/2000000
SAID POLICY SHALL NOT BE CANCELLED
NONRENEWED OR MATERIALLY CHANGED
WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER
EXCEPT WHEN THE POLICY IS BEING
CANCELLED FOR NONPAYMENT OF PREMIb~
IN WHICH CASE l0 DAYS ADVANCE
WRITTEN NOTILE IS REQUIRED
I ~ -- - ~ ~ORD COnPORA~ION
~OOnO 2.~S
:y