1998-066 OaDINANCE NO
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR
THE PURCHASE OF EARLY STORM WARNING SYSTEM EQUIPMENT, PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
(RFSP # 2150 - EARLY STORM WARNING SYSTEM EQUIPMENT TO A-TEK IN THE
AMOUNT OF $100,750 00)
WHEREAS, the City has solicited, received and tabulated competitive sealed proposals for
the purchase of necessary materials, equipment, supplies or services m accordance with the
procedures of STATE law and City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the heroin described proposals are the best responsible proposals for the materials, equipment,
supplies or services as shown in the "Proposals" submitted therefor, and
WHEREAS, the City Council has provided m the City Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted
hereto, NOW, THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the numbered items in the following numbered proposals for materials,
equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and
approved as being the best responsible proposal for such items
RESP ITEM
NUMBER NO CONTRACTOR AMOUNT
2150 ALL A-TEK $100,750 00
~ That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons subrmttmg the proposals for such items
and agrees to purchase the materials, eqmpment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contmned in the Invitations,
Proposals, and related documents
~ That should the City and persons submitting approved and accepted items
and of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposal, the City Manager or his designated
representative is hereby authorized to execute the written contract which shall be attached hereto,
provided ~that the written contract is In accordance with the terms, con&tlons, specifications,
standards, quantities and specified sums contmned in the Proposal and related documents herein
approved and accepted
~ That by the acceptance and approval of the above numbered items of the
submlttedlproposals, the City Council hereby authorizes the expenditure of funds therefor in the
amount and m accordance with the approved proposal or pursuant to a written contract made
pursuant thereto as anthonzed herein
~ That this ordinance shall become effective ~mmedlately upon its passage and
approval
PASSED AND APPROVED this the I Q~t~ day of~72~;~1~,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2150 HIGH TECH CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered rote ttus 17 .day of MARCH A D,
19 98 , by and between .CITY OF DENTON of the County of DENTON and
State of Texas, acting through TED BENAVIDES the reunto duly authorized so to do,
hereinafter termed "OWNER," and
A-TEK
4~2 E LA.MAR BLVD ~ SUITE 200
ARLINGTON, TX 76011
of the City of ARLINGTON , County of TARRANT
and State of TEXAS , hereinafter termed "CONTRACTOR"
WITNESSETH That for and ~n consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commenee end complete performance of the work specified below
RFSP# 2150-EARLY STORM WARNING SYSTEM EQUIPMENT
~n the amount of $100~750 00 and all extra work m counecUon therewith, under the terms
as stated m the General ConchUons of the agreement, and at bas (or their) own proper cost and
expense to furmsh all materials, supplies, macbanery, eqmpment, tools, supenntendence, labor,
insurance, and other accessories and services necessary to complete the work specified above, ~n
accordance with the conditions and pncas stated in the Proposal attached hereto, and m
accordance with all the General Conchtlons 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 m accordance with the plans, which includes all maps, plats,
CA-1
bluepnnts, and other drawings and printed or written explanatory matter thereof, and the
Speclficataons therefore, as prepared by
CITY OF DENTON DRAINAGE ENGINEERING DEPARTMENT
all ofwbach are made a part hereof and collectavely evadence and constatute the entare contract
Independent Status
It as mutually understood and agreed by and between C~ty and Contractor that Contractor
as an andependent contractor and shall not be deemed to be or consadered an employee of the C~ty
of Denton, Texas, for the purposes of income tax, wathhold~ng, socml security taxes, vacataon or
sack leave benefits, worker's compensataon, or any other CRy employee benefit C~ty shall not
have superv~swn and control of Contractor or any employee of Contractor, and at is expressly
understood that Contractor shall pca'forrn the servaces hereunder accordang to the attached
specaficatlons at the general d~rectaon of the City Manager of the City of Denton, Texas, or bas
desagnee under tbas agreement
Indemniflcataon
Contractor shall and does hereby agree to andemmfy and hold harmless the C~ty of
Denton from any and all damages, loss, or habthty of any land whatsoever, by reason of anjury to
property or tbard persons occasaoned by any error, omassaon or neghgent act of Contractor, ats
officers, agents, employees, anwtees, and other persons for whom ~t ~s legally hable, w~th regard
to the performance of th~s Agreement, and Contractor wdl, at ~ts cost and expense, defend and
protect the C~ty of Denton against any and all such clmms and demands
Chmce of Law and Venue
Ttus agreement shall be governed by the law of the State of Texas and venue for ats
constructaon and enforcement shall he in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or afier the date estabhshed
for the start of work as set forth m written notace to commence work and complete all work
watban the tame stated an the Proposal, subject to such extensaons of t~me as are provaded by the
General and Special Cunaht~ons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, wbach forms a part of tins contract, such payments to be subject to the
General and Special Conchtaons of the Contract
CA - 2
IN WITNESS WHEREOF, the pames of these presents have executed this agreement
the year and day fucst above written
ATTEST
d~ :~d~}// CITY OF DENTON
ATTEST
,:~d~.rA...,. ~'~...L.e.O,_., ~ A-TEK
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER/7
APPROVED AS T /] ~ PRINTED NAME
2150 CONTRACT & BONDS
CA
3
PERFORMANCE BOND
STATE OFTEXAS § Bond Number 603284
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That A-TEK
whose address ~s 422 E LAMAR BLVD~ SUITE 200~ ARLINGTON~ TX 76011 ,
heremaiter called Pnnc~pal, and Insurors Indemnity Company ,
a corpora~on o£gamzad and ~xls'tmg under ~he taws of the Statc of TEXAS , and
fully anthonzed to ~ansact business in thc Statc of Texas, as Surety. a~c held and firmly bound
unto the CiD/of Denton. a munlctp,d corporaaon orgamzed and cxlsung under the laws of thc
S~e of Texas, he.,nailer cMled Owner, ,n the penal sum of ONE HUNDRED THOUSAND
SEVE~ HUNDRED F~TY and no/100--- DOLLARS ($ 100,750 00) plus ten percent of the
stated pen~,l sum as an add,t~ena! sum of money representing addlUun~] court expenses,
a~omcys' fees. and hqmdated damages arising out of or connected vath thc below identified
Con~act, ,n lawful money of the Umted States, to be paid m Den*on Count, Texas, for the
payment of which sum well and ~uly W be made, we hereby b,nd oursclvcs, our heirs, executors.
adm~mstrators, successors, and assigns, jointly and scvcrslly, firmly by these presents Th~s
Bond shall automatically be increased by ~e amount of any Change Order or Supplemental
Agreement which increases the Conuact pnce, but m no evem shall a Change Order or
Supplemental A~rccmcnt whch reduces the ConWact price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME ~s cond~oned as follows Whereas, the Pnnctpal
entered mW a ce~am Con~act. identified by Ordinance Number 98-066 ,wtth thc City of
Denton, the Owner, dated thc !7 day of MARCH A D 199~ , a copy of which Is
hereto attached and made a pa~t hcrcof, for RFSP# 21~0 - EARLY STORM WARNING
SysTE Equn, ,mwr
NOW, TH]EREFORB, ~f thc Pnnc~p/d shall well, truly and faithfully perform and fulfill
all of fllc unde~ahngs, covenants, terms, condmons and a~reements of sa,d Contract tn
accordancc with the Plans, Specifications and Con~act Documents dunng thc original term
thereof and any exterm,un thereof w~ch may bc granted by ~he Owner, with or without notice to
the Sure~y, and dunng the life of any ~uaranty or warran~ reqmred under th~s Contract, and shall
also well and ~'uly perform and fulfill .~l thc undc~akmgs, covenants, terms, condmons and
agreements of any and all duly anthonzed modifications of smd Contract that may hereafter bc
made, not,ce of w~ch modlficat,ons to the Surly bcmg hereby w~,,ved, and, if thc Principal
shall re,mr and/or rcplacc all defects due to faulty materials and workmanship tha~ appcar within
a penod of one (l) ycar from the d~e of final complctwn and ftnal acceptance of the Work by
thc Owner, and, ~f the Pnnclpal shall fully mdemmfy and save harmlcss ~he Owner from all cosls
and damages which Owner may suffer by reason of fadure to so perform harem and shall fully
re,mburse and repay Owner ~1 outlay and cxpcnsc which the Owner may tncur m making good
any default or deficiency, thcn th~s ohhgatmn sh~Jl be void, otherwise, ,t shall remain m full
force and effect
PB- I
PROVIDED FURTHER, that if any legal action be filed upon Gus Bond, exclusive venue
shall lie In Denton Count)', State of Texas
A~D PROVIDED FUR.TIlER, that the said Surety, for value r~cewed, hereby supulatcs
and agrees that no change, ~xtenaion of time, alteration or ad&lion to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, I~awmgs, cu:,
accompanlang thc sa. mc, shall m anywise affect its obligation on this Bond, and it does hereby
wmve notice of any such change, extension of ttrnc, alteration or addition to the terms of thc
Conlract, or to thc Work to bc performed thereunder, or to the Plans, Specifications, Drawings,
etc
This Bond is given pursuanl to thc provisions of Chapter 2253 of thc Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
The tmdersign~d and deslgllat~t agent is hereby demgnatcd by the Surety hcrcm as thc
Resident Agent In Denton County to whom any requisite notices may be delivered alld on whom
service of process may be had in matters ansmg out of such surcrysbap, as provided by Amclc
7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
l~l t~IT!NrE$S 'vVHER.~OF, this instrument ms executed in 4_. copies, each one of wluch
shallbcd¢cmcdanongmal, thisthe 17 ,dayof MARCH , 1995
ATTEST PRINCIPAL
B~R~TARY
Linda W Sinku
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is
NAME The Brants Company
S%~,]~T ADDI~SS 1600 W. Seventh St , Ft Worth, TX 76102
(NOTE Date of Performance Bond must be date of Contract If iestdem Agent ts not a
corporatton, gtve a person's no. me )
~:~o co~ c'r a ,so,cvs
PB 2
PAYMENT BOND
STATE OFTEXAS § Bond Number 603284
COUNTY OF DENTON §
I~L,'qOW ALL MEN BY THESE PRESENTS That A-TEK
whose afl&ess is 422 E LAM. AR BLVD~ SUITE 200~ ARLINGTON~ TX 76011 ,
hcremal~r called Pnncipal, and Insurors Indemnity Company
a corporation organized and existing under the laws of the State of TEXAS , and
fully authon~,ed to ~ansact brininess in the State of Texas, as Surety, are held and firmly bound
unto the CIP/of Denton, a mum¢lpal eorporat,on organized and existing under the laws of thc
State of Texas, herelna~er called Owner, and unto all persons, firms, and eorpotmtions who may
furmsh materials for, or perform labor upon, the btuldmg or improvements hereinafter referred
to, m the penal sum of ONE HUNDRED THOUSAND SEVEN HUNDRED FIFTY and
no/100--- DOLLARS ($100~750 00) in lawful money of the Umted States, to be p-,d in Denton,
Count/, Texa~, for the payment of wMch sum well and ~uly to be made, we hereby brad
ourselves, our heirs, executors, administrators, suecessom, and asmgns, jointly and severally,
firmly by these presents T~ Bond shall automatically be increased by the amount of any
Change Order or Supplementa! Agreement wbach increases thc Cun~'act price, but m no event
shall a Change Order or Supplemental Agre~nent which reduces thc Contract price decrease the
penal sum of tbas Bond
THE OBLIGATION TO PAY SAM~ Is eond,tioned as follows Whereas, the Pnncipal
entered into a certain Contract, identified by OTdmance Number 9g-066 , w~th the Ciu/of
Denton, the Owner, dated the 17 day of MARCH A D 1995 , a copy ofwhach is hereto
a~aehed and made a pa~ hereof, for RFSP# 2150 - EARLY STORM WARNING SYSTEM
EQUmM NT
NOW, TI-IEREFORE, ~f the Principal shall well, truly and fmthfully perform Its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or maternal m the prosecution of the Work provided for in smd Contract and
any and all duly anthonzed modifications of sa~d Contract that may hereafter be made, not,ce of
which modifications to ~he Surep/being hereby expressly wmved, then th~s obligation shall be
void, othm-wise It shall remain m full force and effect
PROVIDED FURTHER, that If any legal action be filed on th~s Bond, exclusive venue
shall lie m Denton Count, Texas
AND PROVIDED FURTHER, that the smd SLtrety, for value received, hereby stlpLflates
and a~rees that no change, extension of time, alteratmn or addmon to the ten'ns of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, otc,
a-'companymg the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extenmon 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,
ere
PB - 3
This Bond is given pursuant to the provtslons of Chapter 2253 of the Texas C~vernmcnt
Code, as amended~ and a.ny other applicable statutes of the State of Texas
The undermgned and designated agent m hereby designated by thc Surety hereto as the
Remdent Agent ut Denton County to whom any requisite notmes may bc delivered and. on whom
aervtce ot' process may be had tn matters arising out of such suretyship, as provtded by Article
? 19-1 ot' the Insurance Code, Vemon's Annotated C~val Statutes of the State of Texas
IN wrI'NESS WHI~REOF, this instrument Is executed m ~ copies, e,,'h one of which
ahall be deemed an ongutal, thtsthe I? dayof M.M~CH . 1998
ATTEST PRINCIPAL
~ SURETY
WITNE8~... ~
ATTORNEY-IN-FACT L:I. nda W Sinku
The Remdcnt Agent of the Surety m Denton County, Tcxa.s for delivery of notmc and service of
the process ts
N~Vf~ The Brants Company
STREET ADDRESS 1600 W Seventh St , Ft Worth, TX 76102
(NOTE Date of Payment Bond must be date o]~ Contract I.f' Restdent Agent ts not a
corporatton, gtve a person's name )
21 $0 CONTRACT & [~ON DS
PB - 4
Insurors
Indemnity
C o m p any POWER OF ATTORNEY
PA NO 6o32~4
KNOW ALL MEN BY THESE PRESENTS That 1NSURORS INDEMNITY COMPANY of Waco Texas does hereby make constRu~e and appoint
Robert A Ferguson, Gary B McElroy, C. om-Re McMullen, Lmda W Smku of the City of Fort Worth, State of Texas
~ts true and lawful Attorney-m Fact to sign execute acknowledge and dehver for and on its behalf as Surety one of the following bonds
An ORIGINAL bOnd required by Statute, Decree of Court or Ordinance for Maximum Authority Limit
(A) F~duc~ary
Admlmstrater Personal Representatwe, Executor Guardian (Conservator) Guarthan (Incompetent Adult) $25 000
Guardian or Conservator of M~nor $10 000
(S) Court
Plambff s Bond (except restra~mng order mjuncbon and ba~l bonds) $20
000
(For Banks) $50 000
Defendants bond No Authority
(C) L~cense and Permit
County C~ty, Town, Village or other Mumc~pahty as Obhgee $25 000
State as ObHgee (Except the following bonds) No Authordy
Special Fue~ User Bond $ 5 000
Outdoor Adverhser Bond $10 000
Superheavy Annual Oversize/Overweight $10 000
Motor Vehmle Cerhftoate of T~tle Bond $ 3 300
Umted States of Amenca or Branch of the Umted States Government as Obhgee No Authonty
(D) Contract or Performance or Labor and Muterlal or Sub Division or S~te Improvement or Mmntenance or Construchon B~d Bonds No Authority
(E) Pubhc Official Any Pubhc Official and Depuhes & Notary $50 000
(F) Any Bond of Indemnity, provided there ~s attached to th~s Power of Attorney wntten authorRy m the form of an original or facsimile endorse
ment or letter signed by the President Semor Vice President Vice President or Secretary of Insurors Indemmty Company spec~hcally
authonzlng it s execution As Determined By Insurors Indemmty Company
For confirmation of the written authority, please contact Insurors Indemmty Company at 1 800 933 7444
Note A~thorRy L~mit refers to the aggregate amount for any single obhgahon, regardless of the number of ~nstruments ~ssued for that obhgat~on THIS POWER
OF ATTORNEY does not authorize any OPEN PENALTY BONDS OR UTILITY BONDS
StateofTexas I Sec~tary ~/ (~ INSURORSI EMNIT OMPANY
County of McLennan } Attest ti ' LI4~A~O'~t By V'Thomas G Chase Jr Pl~ldent
On this 3rd day of March 1997 personally came before me Thomas G Chase Jr known to me to be the person who executed the above instrument and
acknowledged the execution of the same and being by me duly sworn thd depose and say that he is the President lndemnuy Company
of
the
Insurors
that
the
affixed to the above ms~nlment is the seal of the corporation, and that said corporate seal and ihs signature as Presalent was duly affixed and ascribed to the saal
My commls~don expires Auguqt 31 2000
Th~s Power of Auomey ~s granted under and by authority of the following Compm~y adopted by
Board
30
1993
RESOLVED that all bonds undertakings contracts or other obhganons may be executed m the name of the Company by persons appointed as Attorney m Fact
pursuant to a Power of Aaomey issued m accordance wuh these Resolutions Smd Power of Altorney shall be executed in the name and on behalf of the Company
eUher by the President or Executive Vice Presalent under then' respective des~gnanon The mgnature of such officer and the seal of the company may be affixed by
facslmde to any Power of Attorney and unless subsequently n~'voked and subject to any hrnltauon set forth thereto any such Power of Attorney or certificate bearing
such tacslmlle s~gnatom and seal shall be valid and binding upon the Company and any such power so executed and cerufled by facsimile sxgnature and seal shall be
vabd and b~nd~ng upon the Company wuh respect to any bond or undertaking to which a ~s vabdly attached
RESOLVFD that Attorneys m Fact shall have the power and authomy subject to the terms and hmuatlons of the Power of Attorney issued to them to execute
and dehver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings and any such instrument executed by such
AItomeys m Foci shall be as bmthng upon the Company as ff s~gned by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the
Company
I Tammy T~eperman, Secretary of lnsurors lndemmty Company do hereby cerhfy that the foregmng ~s a true excerpl from the Resolutions of the smd Company
as adopted by as Board of Directors on July 30 1993 and that this Resolutmn ~s in full force and effect I cerhfy that the foregoing Power of Attorney ~s m full force
and effect and has not been revoked
In Testimony Whereof I have set my hand and the seal of the INSURORS INDEMNITY COMPANY on this 17 th day of March 1~8
PAAI 2/97 Tammy T~epe~an'
Secret~ary
NOTE lb YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY (JR WORDING Ol~ THIS POWER OF ATTORNI~ Y CALL 800 933 7444 OR
WRITE TO US AT PO BOX 2683, WAC(), TX 76702 2683
M~Y 4 1990 1 15PM INSURORS OF TE×~S MO 504 P
Insurors Indemnity Company
FAX AUTHORIZATION
TO: Ms. Linda Sinku FAX: 1-817-336-8257
AGENCY' The Brant~ Company
FROM' Ten'y W Williams
DATE: Monday, May 04, 1998
SUB~[ECT: A-TEK- Bond # 603284
Number of Pages Including Cover Memo - 01
Messai~e,
Y~u may execute a Performance and a Payment Bond m fl~c
amount of One Hundred Fourteen Thousand Nm~ Hundred Seventy E~ght
and No /100 dollars ($114,978 00) for Early Storm Warning System
Equipment m which The City of Denton, State of Texas, ~S Obhgee, by
attaching to the Bond your Power of Attorney and tius Fax Authorization
as set forth m Sectton F of your Power of Attorney
,,o
-$o}~,....~... ?
P O Box 23004 · 3701 W Waeo Drive · Waco, Texas 76702-3004
Phone (817) 750-8128 · Fax (817) 756-1231
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS'
Biddar'e attention IS directed to the Insurance raquiremant~ below. It is highly
.r_ec~o_~mme.nde.d th?t biddera confer with their respective Insurance cartiere or brokers
~ ~arermtne. m savants _of ~d eubmfnlon the availability of Insurance ca,fiestas and
anaoraemenu as presided end provided herein. If an apparent Iow bidder fails ~
comply 8~fy with the Ineureflco requframenu, that bidder may be disqualified from
award of me contract. Upon bid award, afl Insurance requframenu shall become
contractual obligations whioh the au.oas.fei bidder shall have · duty to maintain
throughout tho course of this ~ontract.
STANDARD PROVISIONS:
~Voitnht.o_uL/l_m_?n..g any.? th.e ct.her.cbligstions or Iiabllftla's of the Contractor. the
· rumor SHall provlce anc maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum Insurance coverage as
indlcatad hereinafter.
As soon as precticablo after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory eortiflcatas of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarfflcctfon 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 ~ommenco any work or deliver any material until he or she re.elves notification
that the con~rect has been accepted, approved, and signed by the ~ty of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specfflcstlona,
compllanoowiththes.e and shall be maintained in
or longer, if 80 noted, general specifications throughoutthe duration of the Contract,
· 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 .~_..
· Any deductibles or ceil-insured retentions shall be declared in tho bid
proposal. If requested by the City, tho insurer shall reduce or eliminate
Such deductibles or saff-insurad retentions wath respect to the City, its
.~.~003U0
~v=~ ~o;~4 Cl - 1
Insurance Requirements
Page 3
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 ma,n~a,ned
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if aa noted:
A. General Uablllty Insurance:
General Liability insurance with combined single limits of not less than
,,nn~ n,~. nn shall bo provided end main~ained by the con~ractor. The policy
shall be written on an occurrence basis either In a single pollcy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (leo Form CG 0001 current
edition) ia used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contract~Jal liability
covering this contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, Is not required.
If the Comprehensive General Liability form (leo Form GL 0002 Currant
Edition and ISO Form GL 0404) ia used, it shall Include at least:
· Bodlly Injury and Property Damage Uablllty for premises,
operations, products and completed operations, Independent
contractors and property damage resulting from explos,on, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal ~njury liability and broad form
property damage liability.
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related invesl~gaflons, claim
administration and defense expenses.
· Uabillty policzes shall be endorsed to provide the following:
ee Name as additional insured the CITY of Denton, its Officials, Agents,
Employees and volunteers.
ee 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 Insurenca applies separately to each insured against whom
claim is made or suit is brought. Th~ 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 ~anoellaflon, non-renewal or reduction in coverage.
· Should any of the required Insurance be provided under a claims-made
form, Contractor shall maintain such coverage oorrtlnuouslythroughoutthe
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 · general annual aggregate limit providlng 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 Mobility 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 reinstatad coverage as required by this
contract, effective as of the lapse date. If insurance ~s not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
lBO
Insurance Requ,rements
Page 4
[ ] Automobile Uability Insurance:
Contractor shall provide Commercial Automob,le Liab,lity insurance w~th
Combined S~ngle Limits (CSL) of not less than e,ther m a single
pohcy or in a combination of basic and umbrella or excess policies. The pohcy
will include bodily injury and property damage liability ar,sing 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 ,n the form of a pohcy
endorsement for'
· any auto, or
· all owned, h,red and non-owned autos.
Workers Compensation Insurance
Contractor shall purchase and mainta,n Worker's Compensation insurance
which, ,n addition to meeting the minimum statutory requirements for issuance
of such ,nsurance, has Employer's Uabihty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an "Additional insured"
but the insurer shall agree to waive all rights of subrogation against the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named insured. For building or construction projects, the
Contractor shall comply with the prowsions of Attachment I in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Proteotive Liability Insurance
The Contractor shall obtain, pay for and main,am at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liab,lity insurance policy nam,ng the C,ty as ,nsured for property
damage and bodily injury which may arise tn the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
~'VlSED ~0,2~4 CI ' 4
A(, illtll. CERTIFICATE OF INSURANCE
04/[6/ 8
~ODUCER THIS CERTIFICATE IS ISSUED A~ A MATTER OF INFORMATION
HIGGINBOTI{AM & ASSOC , INC ONLY AND CONFERS NO RIGHTS UI~)N THE C~RTIFICATE
P O BOX 908 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Fort Worth, TX 76101 COMPANIES AFFORDING COVERAGE
COMPANY
AZENITH INSURANCE COMPANY
A- TEK a
422 E Lamar Blvd, Suite 200
Arlington, TX 76011 C
~ D
COVERAGES
~%11~ I~ TO CE~Y THAT THE POLICIES OF INSURANCE LI~FED BELOW HAVE BEEN I~UED TO THE INSURED N~MEDABOVE FORTHEFOMCY PERIOD
' I
IOLAIMS MACE f--I DDCUR pEFIIBONAL & ACV INJURy
a WOFIKI~I~DOOMI~N~ATION&ND T~37~SS~00 07/28/~7 10'7/28/9~ iSTATUTOFIYLIMIT$
THE "RD"FIIE,OI~/ ~--~ INOL I EACH ACCIDENT ,SOO,
000
PARTNERS/EXECUTIVE
~ DISEASE POLICYLIMIT $500 t 000
o~^sE E^CHEM~O~; $500 ~ 000
I
Attn Tom Shaw, P%trchaslng D[~z ,~0 DAYOWRIT~ENNOTIDETOTHEDBRTIFIOA~EHDLDERNAMEDTOTHELEF~
901-B Texas Street BUTFAILURETOMAILEUOHNOTIOESHALLIMPO~ENOOBLIDAT1ONORLIAEIiLITY
Denton, TX 76201 oP ANY KIND UPON THE OOMPANYf
ACORD~S-S(3/9311 of 1 ~S18244/M1694~ ~!~ eACORDCORPORATIONI~3
05/28/~998 08s48 FR01~ TOOTER COSPER ]NS REEHC¥ TO t9403497'~82 P 9t
~m ~ ~OA~ ~ ~U~ ~ A ~ ~ ~ ~A~
~ FIN~CI~ SERVICES INC. ~ ~E CO~GE A~O~ ~ ~ ~U~ B~OW.
10131 C~KS BL~ ~ S~ ~-4 ~M.~~.
~T'aUQ~RQUE, ~ 87114
(50~} ~98-5700(505) 898-5701 A F~RS INS~C$
A-TEK ~C~IL~IES INC
909 VI~GIN~ S~ 213
~BU0~, ~ 87108
~CLU~NB ~O CONU ~Ne OF ~CH ~UC(~ ~ ~ ~Y ~ ~ ~ ~ P~D ~
~~ ~500r 000
~ ~c~.~ 60169 09 ~4 11/ol/97 11/01/98 ~~
.... ~t~.~ .50~000
.~Y
,
CI~ OF D~ON 3~
901 B T~B
= ~T~= TOM ~