1998-174AN 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 A_MOUNT OF $87,150 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
constructl0n of pubhc works or improvements m 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 hereto described bids are the lowest responsible bads for the construction of the public works or
improvements dascnbed m the bid mvltatton, bid proposals and plans and specifications therean,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competmve bids for the construction ofpubhc works or
~mprovements, as dascnbed m the "Bid Inwtat~ons", "Bad Proposals" or plans and specfficat~ons on
file in the Office of the City's Purchasing Agent filed accorchng to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bads
BID
NEIMBER ~ AMOUNT
2204 ETTL ENGINEERS & $ 87,150.00
CONSULTANTS INC.
~ That the acceptance and approval of the above competltave bids shall not
constitutel a contract betwecn the City and the person submitting the bid for construction of such
public works or ~mprovements hereto accepted and approved, until such person shall comply w~th
all reqmrements specified in the Notice to Bidders including the timely execution of a written
contract and furmshmg of performance and payment bonds, and insurance certificate after
notification of the award of the bad
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts ~or the performance of the construction of the public works or improvements an accordance
with the bids accepted and approved herein, promded that such contracts are made in accordance
with the Notace to Bidders and Bid Proposals, and documents relating thereto spemfy~ng the terms,
con&tlong, plans and specffieataons, standards, quantmes and specafied sums contmned therein
~ 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 anthonzes the expenditure of funds in the manner and in the mount as specified m such
approved bids and authorized contracts executed pursuant thereto
~ That this ordinance shall become effective unmedlately upon its passage and
approval
PASSED AND APPROVED this the /~¥'/-/day of~,1998
JAC~,~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
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 ENGIN~RING & CONSULTANTS INC.
17~7 E. ]~RWrN
TYLER, TX 75702
of the City of TYLER County of SMITH and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m conslderatmn 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 with OWNER to
commence and complete performance of the work specified below
BID # 2204 - GROUNDWATER MONITORING WELLS
m the amount of $87,150.00 and all extra work in connection therewith, under the terms
as stated m the General Conditions of the agreement, and at bas (or thetr) own proper cost and
expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, m accordance with the conditions and prices stated m the Proposal at~ached hereto, and
m 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 m
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 ewdence and consUtute the enUre 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 C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, social
security taxes, vacation or s~ck 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 speelficauons at the general d~recUon of the City Manager
of the C~ty of Denton, Texas, or lus designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the C~ty of
Denton from any and all damages, loss, or hablhty of any kind whatsoever, by reason of mjury
to property or thucd persons occasioned by any error, onnss~on or negligent act of Contractor,
its officers, agents, employees, mwtees, and other persons for whom it ~s legally hable, with
regard to the performance of this Agreement, and Contractor wall, at ~ts cost and expense,
defend and protect the City of Denton against any and all such clanns 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 m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written not~ce to commence work and complete all work
w~thm the tune stated m the Proposal, subject to such extensions of tune as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the
General and Specnd Cond~Uons of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
m the year and day first above wrRten
ATTEST ,
(SEAL) O
ATTEST
MAILING ADDRESS
PHONE NUMBER
Ax NUM
APPROVED AS TO FO~ P~NTED NAME
C
CA - 3
PERFORMANCE BOND ~o~v NO ~0~
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 PARKEL INSURANCE COMPANY , a corporation org~n,~ed and
existing under the laws of the State of TEXAS, and fully authorized to transact bnsmess m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal
corporation orgnn,zed and existing under the laws of the State of Texas, hereinafter called
Owner, m 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
addmonal sum of money representing additional court expenses, attorneys' fees, and liquidated
damages ar~mg out of or connected with the below identified Contract, m lawful money of the
Umted States, to be paid m Denton County, Texas, for the payment of wluch s-m well and
truly to be made, we hereby brad ourselves, our heirs, executors, ~dmlmstrators, 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 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 m
accordance with the Plans, Specifications and Contract Documents durmg 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 requtred under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, condlUons
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 workmansl~lp that
appear w~thm a period of one (1) year from the date of final completton and final acceptance of
the Work by the Owner, and, if the Principal shall fully mdemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
hereto and shall fully reimburse and repay Owner all outlay and expense which the Owner may
recur m making good any default or deficiency, then this obligation shall be vmd, otherwise, it
shall remain m full force and effect
PB - 1
PROVIDED FURTHER, that If any legal acUon be filed upon thru Bond, exclumve
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the satd Surety, for value recmved, hereby
supulates and agrees that no change, exteas~on of tune, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, SpemficaUons,
Drawings, etc, accompanying the same, shall m anywme affect its obhgaUon on tins Bond,
and ~t does hereby w/ave notxce of any such change, extension of tune, alteraUon or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
Thru Bond is given pursuant to the provisions of Chapter 22.53 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 hereto as the
Resident Agent m Denton County to whom any reqmmte nouces may be dehvered and on
whom service of process may be had m matters arming out of such suretyship, as prowded by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~vll Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument m executed in 4 cop~es, each one of which
shall be deemed an original, thru the 16 day of JUNE 1998.
ATTEST PRINCIPAL
PRESIDENT
MARKEL INSURANCE COMPANY
The Remdent Agent of the Surety m Denton County, Texas for dehvery of nouce and service
of the process m
NAME HIBBS-HALLMARK & COMPANY
STREET ADDRESS 501 SHELLEY DRIVE, TYLER, TEXAS 75711
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 2
BOND NO 101576
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That ETTL ENGINEERS &
CONSULTANTS INC., whose address rs 1717 E. ERWIN, TYLER, TX 75702. hereinafter
called Principal, and MARKEL INSURANCE COMPANY , a corporation organ,Ted and
exrstmg under the laws of the State of TEXAS, and fully authomzed to transact bnsmess m the
State of Texas, as Surety, are held and firmly bound unto the Ctty of Denton, a mummpal
corporation orgnm~.ed and extstmg under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporauons who may furmsh maternds for, or
perform labor upon, the budding or improvements hereinafter referred to, tn the penal sum of
EIGHTY SEVEN THOUSAND AND ONE HUNDRED AND FIFTY and no/100
DOLLARS ($ 87,150.00) m lawful money of the Umted States, to be pard m Denton, County,
Texas, for the payment of winch sum well and truly to be made, we hereby brad ourselves, our
he,rs, executors, adtmmstrators, successors, and asmgns, jointly and severally, firmly by these
presents This Bond shall automatacally be increased by the amount of any Change Order or
Supplemental Agreement winch mcreases the Contract pmce, but m no event shall a Change
Order or Supplemental Agreement which reduces the Contract pmce decrease the penal sum of
tins Bond
THE OBLIGATION TO PAY SAME ts condttioned as follows Whereas, the Principal
entered rote a certnm Contract, ~dentlfied by Ordinance N-tuber 98-174, with the City of
Denton, the Owner, dated the 16 day of JUNE A.D. 1998, a copy of winch rs hereto attached
and made a part hereof, for BID # 2204 - GROUNDWATER MONITORING WELLS.
NOW, THEREFORE, tf the Prmmpal shall well, truly and fatthfully perform tts dutaes
and make prompt payment to all persons, firms, subcontractors, corporaUons and clau~nants
supplying labor and/or maternal m the prosecutaon of the Work provided for m smd Contract
and any and all duly author~zad modlficattons of satd Contract that may hereafter be made,
notice of winch modtficatlons to the Surety being hereby expressly watved, then tins obhgatton
shall be vmd, otherwrse tt shall remam m full force and effect
PROVIDED FURTHER, that if any legal actton be filed on thts Bond, exclumve venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
supulates and agrees that no change, extenston of tune, alteratton or addttlon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spectficataons,
Drawmgs, etc, aecompanymg the same, shall m anywise affect tts obhgat~on on this Bond,
and tt does hereby wzave notace 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,
Spemficataons, Drawings, etc
PB - 3
Thru Bond is given pursuant to the provmons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any reqmmte notices may be delivered and on
whom service of process may be had m matters arising out of such suretysinp, as provided by
Article ? 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, tins instrument m executed m 4 copies, each one of winch
shall be deemed an original, this the 16 day of JUNE, 1998.
ATTEST PRINCIPAL
SECRETARY B ~
PRESIDENT- ' ' -
ATTEST /./~ ~/~ SURETY
ATTORNEY-IbI-FACT0
LINDA SPRING
The Remdem Agem of the Surety m Denton County, Texas for delivery of notice and service
of the process is
NAME HIBBS-~4.~L;.MARK & COMPANY
STREET ADDRESS 501 SHELLEY DRIVE, TYLER, TEXAS 75711
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
2204 CONTRALti' & BONDS
PB - 4
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SMN-FACT
KNOW ALL MEN BY THESE PRESENTS
That Markel Insurance Company ("Corporation"), a corporation organized and existing under the laws of the State of Ilhnms, w~th
its mare office at Shand Morahan Plaza m the City &Evanston, Illinois, and the administrative office at Pdchmond, Vlrgttna, does
hereby nominate, constitute and appomt, for the purpose stated herein, Hlbbs-Hallmark & Company, Tyler, Texas, acting through
its staff, Billy E Hthbs, Gary Howell, Billy Hlbbs, Jr, Robert Monaghan or Lmda Spring, its true and lawful attorney(s)-~n-fact,
with fullpower and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, m Ilhno~s and
States where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of
suretyship or other wnttan obligations reqmred pursuant to the payment, bid, performance, license, permit and m~scellaneous bond
program developed by the Corporation with a hmlt of liability not to exceed $5,000,000 per writing, and the execution of such
bonds tn pursuance &these presents shall be as binding upon said Markel Insurance Company to all Intents and purposes as ~f
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 vahd if evldenmng original or facsimile signatures and only If
the raised seal of the Corporation Is affixed hereto This Power of Attorney and Certfficate 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 Chmrman, 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, tn Illinois and States where theCorporatlon 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 appoint tnthviduals as its attorney-tn-fact, with full power
and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, tn Illtnms
and States where the Corporation Is qualified as an admitted insurer, all bonds, recognizances, undertakings,
contracts of suretyship or other written obligations reqmred pursuant to the payment, bid, performance, license,
permit and miscellaneous bond program developed by the Corporatmn, provided further, that the habthty of
the Corporation on any such wnttng executed under this authority shall not exceed $5,000,000, also to execute
such instruments as may be necessary or proper m connection with the settlement of claims or the recovery of
rmnsurance 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 .19 98
MARKEL INSURANCE COMPANY
By~ (.ti, ~
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 Q~rlw W, Black. Vice President. Markel Insurance Company
Cynthia C Vayo, Notary Public
My Commission Expires June 30, 2000
CERTIFICATE
I, the undersigned, Assistant Secretary of MARKEL INSURANCE COMPANY, a stock corporation of the State of Illinois,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains tn full rome
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 m force
S~gned and Sealed at the Home Office of the Company, in the City of Evanston, State of Illinois, Dated this
16111 day of Jlllgg ,19 08
By Myra I Hey, Assistant Secretary
WORK DAYS 25
BID NO 2204
BID TABULATION SHEET
IT/~M I D~SCRIIrI'ION QUANTITY' UNIT UNIT PRICE TOTAL
TP-1 ] MomtorWell 20 EA $ 1775/EA $ 35,500 oo
Omt Price m Words
TP-2 PlozometerWell 3I EA l$ 1775/FA I$ 5,325 oo
Umt Price m Words
TP-3 I GasProbe 15 I EA 15 99dEA I$ 14,850 o(
Umt Prme m Words
Umt Price m Words
TP-5 Abandon Mon,torWell 51 I$ 47'5/F-'J~ I$ 2,375 0(
Umt Ace m Words
TP-6 [ Mon,torWell Equ,pment 1 ILS I$ ~9,800.00 I$ ~9,800 o(
Umt Price m Words
TP-7 Mob,l,zat,on 1 ILS 155600/ 15 5,600 o(
Omt Price m Words
Umt Ace m Words
Umt Prme m Words
Umt Price m Words
Umt Ar]ce 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 undermgned, the undermgned will fun-ash a
performance bond and a payment bond for the full amount of the contract, to secure proper
comphance w~th the terms and provmmns of the contract, to insure and guarantee the work
until final completmn and acceptance, and to guarantee payment for all lawful clanns for labor
performed and materials furmshed m the fulfillment of the contract
It m understood that the work proposed to be done shall be accepted, when fully completed and
fuushed m accordance w~th the plans and specifications, to the sausfact~on of the Engineer
The undermgned certifies that the bid pncos contained tn tlus proposal have been carefully
checked and are subnutted as correct and final
Umt and lump-sum prices as shown for each ~tem hsted m tlus proposal, shall control over
extensions
CONTRACTOR
BY ETTL E~ineers. & Con_sulta~nts Inc
1717 E Erwin
Street Address
Tyler, Texas 75702
City and State
Seal & Authorizauon
(Ifa CorporaUon) 903-595-4421
Telephone
B-1
STATE OF TEXAS §
COUNTY OF SlVIITH §
Darrell E Flstt, President ofETTL En~neers & Consultants Inc appeared personally
before me, the undersigned authority, and, upon oath, deposed and stated
My name is Darrell E Flatt, President ofETTL En~mcers & Consultants Inc and ~ts
business address is 1717 East Ervan Street, Tyler, Texas 75702-6398 I have personal
knowledse of the fi~cts set forth below and am competent and anthonzed to make th~s at~dawt
All field personnel have recewed OSHA 40-hour trmnmg (29 CFR 1910 120), updated
8-hour refl'esher courses and they all participate m a medical momtorm~ prol;ram
ETTL Ensmeers & Consultants Inc has never had any penalties, notices ofv~olat~on,
fines or atat;ons for any type of safety vtolaUons It has never had any form of serious, repeat
or w~llful safety wolatlons m its 30 plus year history
ETTL maintains an excellent safety record through continual employee safety tranun~
and education, random site safety audits and "tml~ate" safety meetmg~s
ETTL ENGINEERS & CONSULTANTS INC
By _
Darrell E Fiatt I
Authorized Representative of
ETTL En~neers ~ Consultants Inc
Subscribed and sworn to before me on tlus the vi / day of May 1998
Nota~ ~u~l~o ~ Notary Pubh¢, ~tate of Texas
STATE OF TEXAS ~
.TUL 13 'gEl 1~9 10 FR HIBBS H~ CO 9~ 5BJ. SgE]~ TO 91941~34~6 P 01/~1
~Y ~D ~r~ ~ ~ ~N ~
H~-~ ~ CO~ ~ ~ ~ ~ N~ AM~, ~ O~
~R ~B ~ A~RD~ BY ~ ~UOI~ B~OW
BOX 8357 ~MPA~ ~e ~v~
~R ~ 75722 ~P~
A ~LOYSRS ~ ~U~ CO
E T T L ~GI~ a S
CONS~T~S, ~C
1717 E- ~RWIN C
~LER ~ 75702
~18 18 TO ~ ~T ~E POU~8 OF I~ ~ B~ ~VE BE~ ~U~ TO ~E J~U~ ~ A~ FOB ~E ~UQY
D~FI~ MAY BE ~8~D OR ~Y P~ ~E ~E A~ 8Y ~ POU~ ~1~ H~N ~5 8~E~ ~ A~ ~ ~,
6X~U81O~ AND~ OP ~ PO~ UM~ S~ ~Y ~VE S~N nSDU~ BY PAID ~IM& . __
~ a~ ilD5070199 .... 06130/98 06/30/99[~~m:~ i2,000,000
I~.~m ~u. ~N~A~ SI, 000,000
~ i~~ 4 5r000
~ ~M~ i~5070~99 106/30/98 06/30/991 41,000,000
' ooo, oeo
~~ .. ~ 000
VOL~'r~g~
CITY 0F D~TON ~ ~ ~ ~ ~ ~ ~ ~.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B,dder's attention ,8 d,rected to the insurance requirements below It ,s highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submlas,on the availability of ,naurance certlf, cates
and endorsements as prescribed and provided herein If an apparent Iow bidder
fails to oomply 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:
W~thout I,mlt,ng any of the other obl,gat,ons or I,abd~tms of the Contractor, the
Contractor shall provide and mmnta,n untd the contracted work has been completed
and accepted by the Caty of Denton, Owner, the mmamum insurance coverage as
~nd,cated hereanafter
As soon as practicable after notification of b,d award, Contractor shall fda wath the
Purchasing Department satmfactory certaf,cstes of ansurance, contmmng the b,d
number and title of the prolect Contractor may, upon written request to the
Purchasing Department, ask for clarification of any ansurance requirements at any
time, however, Contractors are strongly adv,sed to make such requests prior to bad
open,ng, since the ,nsurance requirements may not be modafled or wa,ved after bad
opemng unless a written exception has been subm,tted wath the bid Contractor
shall not oommence any work or deliver any material until he or she recmves
notification that the contract has been accepted, approved, and signed by the City
of Denton.
All ,nsurance pohcms proposed or obtmned in satlsfact;on of these requirements
shall comply with the following general specaflcataons, and shall be mmnta,ned ~n
compliance w,th these general spacaf,catlons throughout the duration of the
Contract, or longer, ,f so noted'
Cl- 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 Jn the
bid proposal If requested by the C~ty, the insurer shall reduce or
eliminate such deductibles or self-~nsured retentions w~th respect to the
City, Its officials, agents, employees and volunteers, or, the contractor
shall procure a bond guaranteeing payment of losses and related
~nvestlgat~ons, claim administration and defense expenses
L~abll~ty policies shall be endorsed to prowde the following
Name as additional insured the City of Denton, ~ts
Officials, Agents, Employees and volunteers
That such insurance ~s primary to any other ~nsurance
available to the additional insured w~th respect to claims covered
under the policy and that this ~nsurance apphes separately to each
insured against whom claim is made or su~t ,s 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 prov,ded under a claims-made
form, Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a per~od of three years
beyond the contract expiration, such that occurrences arising dur,ng the
contract term which give rise to claims made after expiration of the
contract shall be covered
Should any of the required insurance be prowded under a form of
coverage that includes a general annual aggregate hm~t prowdlng for
claims investigation or legal defense costs to be included ~n the general
annual aggregate limit, the contractor shall either double the occurrence
I~mlts or obtain Owners and Contractors Protective Llab~hty Insurance
CI- 2
Should any required insurance lapse dunng the contract term,
requests for payments ongmat~ng after such lapse shall not be processed
until the City receives satisfactory evidence of reinstated coverage as
required by th~s contract, effective as of the lapse date If insurance ~s
not reinstated, C~ty may, at ~ts sole option, terminate th~s agreement
effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance pohmes proposed or obtained ~n satisfaction of th~s
Contract shall additionally comply w~th the following marked
spemflcat~ons, and shall be maintained m compl,ance w,th these
add;t~onal specJflcat,ons throughout the durst,on of the Contract, or
longer, ~f so noted
[ X] A General Liability Insurance
General LmbJhty ~nsurance w~th combined single hm~ts of not less than
~1 Milhon ¢$1.000.000) shall be prowded and maintained by the
contractor The pohcy shall be written on an occurrence bas,s e,ther ,n a
s~ngle pohcy or ~n a combination of underlying and umbrella or excess
pohcms
If the Commercial General Lmb~hty form (ISO Form CG 0001 current
edition) ~s used
Coverage A shall include premises, operations,
products, and completed operat,ons, independent contractors,
contractual hab~hty covenng th~s contract and broad form
property damage coverage
Coverage B shall ~nclude personal ~nlury
Coverage C, medical payments, ~s not required
CI- 3
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall ~nclude at least
Bodily ~njury and Property Damage L~ab~hty for
premises, operations, products and completed operations,
independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures
Broad form contractual hab~llty (preferably by
endorsement) covering this contract, personal injury I,ab~hty and
broad form property damage hablhty
IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile L~ab;l~ty insurance w~th
Combined Single Limits (CSL) of not less than $1 M~ll,on ($1.000.000))
either In a single policy or in a combination of bamc and umbrella or excess
policies The policy will include bodily ~njury and property damage hab~l,ty
arising out of the operation, maintenance and use of all automobiles and
mobile equipment used ~n conJunction with this contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
endorsement for'
any auto, or
all owned, hired 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 acmdent, $100,000 per each employee, and a $500,000
policy limit for occupational disease The City need not be named as an
CI - 4
"Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its off,clals, agents, employees and volunteers
for any work performed for the City by the Named Insured For bu~ld,ng or
construction projects, the Contractor shall comply w~th 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)
[ ] Owner's end Contractor's Protective L,ablhty Insurance
The Contractor shall obtain, pay for and ma,ntaln at all t~mes dunng the prosecution
of the work under this contract, an Owner's and Contractor's Protective L,ablhty
insurance policy naming the City as insured for property damage and bodily injury
which may ar~se in the prosecution of the work or contractor's operations under
th~s contract Coverage shall be on an "occurrence" basis, and the policy shall be
issued by the same ~nsurance company that carries the contractor's habll,ty
,nsurance Pohcy hmlts will be at least combined bodily ~njury and
property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ~s required if Broad form General Liability is not provided or is
unsvallable to the contractor or If a contractor leases or rents a port~on of a
City budding Limits of not less than each occurrence are
required
[ ] Professional Lmbility Insurance
Professional Imblhty Insurance w~th limits not less than per
claim with respect to negligent acts, errors or omissions in connection with
professional services is required under th~s Agreement
[ ] Builders' Risk Insurance
CI- 5
Builders' Risk Insurance, on an Ail-Risk form for 100% of the completed
value shall be prowded Such policy shall ~nclude as "Named Insured" the
City of Denton and all subcontractors as their interests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an ;nd~wdual bas~s for extra hazardous
contracts and specific service agreements If such additional insurance ~s
required for a specific contract, that requirement w~ll be described ~n the
"Specific Conditions" of the contract spemflcat~ons
ATTACHMENT I
[X ] Worker's Compensation Coverage for Bu,lding or Construct,on Projects for
Governmental Entities
A Deflmt,ons
Cert,f,cate of coverage ("cert~flcate")-A copy of a certificate of
insurance, a certificate of authority to self-,nsure ~ssued by the
comm;ss~on, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83,
or TWCC-84), show,ng statutory workers' compensation ~nsurance
coverage for the person's or entlty'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 prowdlng services on the project ("subcontractor" m
§406.096) - ~ncludes all persons or ent~t~es performing all or part of the
services the contractor has undertaken to perform on the project,
CI - 6
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 limitation, ~ndependent contractors, subcontractors, leasing
compames, motor carriers, owner-operators, employees of any such
entity, or employees of any entity which furmshes persons to provide
serwces on the project "Services" ~nclude, w~thout I~m~tat~on, providing,
hauling, or del~venng equipment or matenals, or prowd~ng labor,
transportation, or other service related to a project "Services" does not
~nclude act~wt~es unrelated to the project, such as food/beverage
vendors, office supply del~venes, and delivery of portable tmlets
B The contractor shall prowde 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 prowd~ng
services on the project, for the duration of the project
C The Contractor must prowde a certificate of coverage to the
governmental entity prior to being awarded the contract
D If the coverage per~od shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must,
pnor to the end of the coverage penod, file a new certificate of coverage
w~th the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person prowd~ng serwces on a
project, and prowde to the governmental entity
(1) a certificate of coverage, prior to that person beg~nn,ng work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons providing serwces 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 penod shown on the current certificate of coverage ends
CI- 7
dunng the duratton 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 nottfy the governmental enttty ~n wnt~ng by certified
ma~l or personal dehvery, w~thin ~ ~ days after the contractor knew or
should have known, of any change that materially affects the prows~on
of coverage of any person prowdlng services on the project
H The contractor shall post on each project s~te a not,ce, ~n the text, form
and manner prescribed by the Texas Workers' Compensatton
Commission, ~nform~ng all persons prowd~ng serwces on the project that
they are requtred to be covered, and stating how a person may verify
coverage and report lack of coverage
The contractor shall contractually require each person w~th whom ~t
contracts to prowde services on a project, to
(1) prowde coverage, based on proper reporttng of classification codes
and payroll amounts and flhng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of tts employees prowd~ng services on the
project, for the duration of the project,
(2) prowde to the contractor, pnor to that person beg~nmng work on
the project, a certificate of coverage showtng that coverage ~s being
prowded for all employees of the person prowd~ng services on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage penod, a
new certtflcate of coverage showing extension of coverage, ~f the
coverage period shown on the current certificate of coverage ends
dunng the duration of the project,
CI - 8
(4) obtain from each other person with whom ~t 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 end of the coverage per~od, ~f 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 an writing by certified ma~l or
personal dehvery, within 10 days after the person knew or should
have known, of any change that mater~ally affects the provision of
coverage of any person providing services on the project, and
(7) contractually require each person w~th whom at 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 ~s representing to the
governmental entity that all employees of the contractor who wall provide
services on the project wall be covered by workers' compensation
coverage for the duration of the project, that the coverage wall be based
on proper reporting of classification codes and payroll amounts, and that
all coverage agreements wall be filed w~th the appropriate insurance
carr,er or, In the case of a self-insured, w,th the commlsmon's Division of
Self-Insurance Regulation Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, cavil
penalties, or other cavil actions
CI- 9
K. The contractor's failure to comply w~th any of these prows~ons ~s a
breach of contract by the contractor wh,ch ent~tles the governmental
entity to declare the contract vmd ~f the contractor does not remedy the
breach within ten days after receipt of notice of breach from the
governmental ent,ty
Cl- lO