1998-282 ORDINANCE NO %,0' ",~5
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
oF A P Lic wo s CONTRACT FOR A BORE AND INSTALLAT,ON OF 18" CASINO
AND CONDUIT ON UNIVERSITY DRIVE WEST OF GEESL1NG, PROVIDiNG FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #
2263 BORE AND INSTALLATION OF 18" CASiNG AND CONDUIT UNIVERSITY DRIVE
WEST OF GEESLING AWARDED TO DICKERSON CONSTRUCTION iN THE AMOUNT OF
$16,800 00)
WHEREAS, the City has sohclted, received and tabulated compet~tive bids for the
construction ofpubhc works or lmprovoments 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 herein described bids are the lowest responsible bids for the construction of the public works or
~mprovements described m the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SI~CTION I That the following competitive bids for the construction ofpubhc works or
improvements, as described in the "Bid Inmtat~ons", "Bid Proposals" or plans and specifications on
file m the Office of the City's Purchasing Agent filed according to the bid number asstgned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NIJMBER CONTRACTOR AMOUNT
2263 DICKERSON CONSTRUCTION $19,600.00
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 reqmrcments 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 bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements m accordance
with the bids accepted and approved herein, 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 specifications, standards, quantities and specified sums contained therein
~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and ~mpmvements as authorized hereto, the C~ty Cotmml
hereby authorizes the expendamre of funds in the manner and m the mount as spemfied ~n such
approved b~ds and anthonzed contracts executed pursuant thereto
SECTION V That tbas ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2263 BORE INSTALLATION OF 18" CASING & CONDUIT UNIVERSITY/GEESLING CONTRACT ORDINANCE
ATTACHMENT # 1
TABULATION SHEET
BID # 2263
BID NAME Bore & Installation of t8" Casing & Dlckerson Circle C Dural &
Conduit, Unlvemlty West Const Const Sons
of Geesllng
DATE
140' Bore & Installation of t8"
casing & conduit, University
Dr west of Geesllng $19,600 00 $42,000 00 $36,988 00
3
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15 day of SEPTEMBER A.D,
1998, by and between CITY OF DENTON of the County of DENTON and State of Texas,
acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do,
hereinafter termed "OWNER," and
DICKERSON CONSTRUCTION CO.
P,O. BOX 181
CELINA TX 75009
of the City of CELINA County of COLLIN and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m conslderauon of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the condtttons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID//2263 - BORE AND INSTALLATION OF 18" CASING AND CONDUIT
UNIVERSITY DRIVE WEST OF GEESLING
in the amount of $19,600.00 and all extra work m connection therewith, under the
terms as stated in the General Conditions of the agreement, and at his (or their) own proper
cost and expense to 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 condmons and prices stated ~n the Proposal
attached 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 in accordance with the
CA- 1
plans, winch includes all maps, plats, blueprmts, and other drawings and printed or wrmen
explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING AND TRANSPORTATION
all of whmh are made a part hereof and collectively evidence and constitute the enttre contract
Independent Status
It Is mutually understood and agreed by and between C:ty and Contractor that
Contractor is an mdependant contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of ~ncome tax, w~thholdlng, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other C~ty
employee benefit City shall not have supervls~on and control of Contractor or any employee
of Contractor, and it ~s expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Comractor shall and does hereby agree to mdemmfy 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 tMrd persons occasioned by any error, omission or neghgem act of Contractor,
its officers, agems, employees, mvltees, and other persons for whom ~t ~s legally liable, w~th
regard to the performance of this Agreement, and Contractor wdl, at ~ts cost and expense,
defend and protect the City of Denton against any and all such clanns and demands
Chmce of Law and Venue
This agreemem shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie m the courts of Demon 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 notice to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of tune as are prowded by the
General and Speeml Conditions
The OWNER agrees to pay the CONTRACTOR m currem funds the price or prices
shown m the Proposal, winch forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
~n the year and day first above written
C'ITV Og' DI~NTC~N
(SEALD
ATTEST
CONT~CTOR
MAILING ADDRESS
c/:/z. 3s:- 2tz.
PHONE NUMBER
97~. 3~Z-2o45
FAX NUMBER
~ITLE
APPROVED AS TO F~ ~ P~NTED NAME
CITY ATTO~EY
CA - 3
PERFORMANCE BOND
STATE OF TEXAS § ~ogo 1~o. 202685
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION,
whose address is P O. BOX 181, CELINA, TX 75009, hereinafter called Principal, and __
BARTF0~I) FIKE INSI~/~CE COM~AI~/ a corporation organ=ed and
existing under the laws of the State of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal
corporation organued and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of NINETEEN THOUSAND SIX HUNDRED and no/100
DOLLARS ($19,600.00) plus ten percent of the stated penal sum as an addnlonal sum of
money representing additional court expenses, attorneys' fees, and liquidated damages arising
out of or connected with the below identified Contract, an lawful money of the Umted States,
to be paid in Denton County, Texas, for the payment of which sum well and truly to be made,
we hereby bind ourselves, our hetrs, executors, admnnstrators, successors, and assagus, jointly
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 pr,ce,
but an no event shall a Change Order or Supplemental Agreement wh,ch reduces the Contract
price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnnclpal
entered into a certain Contract, identified by Ordinance Number 98-282, with the City of
Denton, the Owner, dated the 15 day of SEPTEMBER A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2263 - BORE INSTALLATION OF 18"
CASING & CONDUIT UNIVERSITY DRIVE WEST OF GEESLING
NOW, THEREFORE, if the Pranclpal shall well, truly and faithfully perform and fulfill
all of the undertal~ngs, covenants, terms, condluOns and agreements of said Contract m
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, wnh or without noUce
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, condmons
and agreements of any and all duly author=ed mo&ficauons of sa,d Contract that may
hereafter be made, notice of which mo&ficauons 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 (I) year fi.om the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense wh,ch the Owner may
incur in mal~ng good any default or deficiency, then this obligation shall be void, otherwise, it
shall remaan in full force and effect
PB - 1
PROVIDED FURTHER, that If any legal acUon be filed upon thru Bond, exclumve
venue shall lie m Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value recmved, hereby
supulatcs and agrees that no change, extension of tame, alteration or add,tlon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawmgs, etc, accompanymg the same, shall in anywme affect its obhgatlon on thru Bond,
and it does hereby waive not,ce of any such change, extension of tune, alterauon or addmon to
the terms of the Contract. or to the Work to be performed thereunder, or to the Plans,
SpecifieaUons, Drawmgs, etc
Thru Bond m 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 designated agent m 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 amsmg out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument m executed in 4 copies, each one of which
shall be,deemed an original, this the 15 day of SEPTEMBER 1998.
ATTEST PRINCIPAL
~_~,~ ~ DICKKP. SON CONSTRDCTION COMPANY~ INC.
PRESIDENT
ATTEST SURETY
BY ~C~.~, ~c~~ SAI~TrO.~I~ FZP,]i ~SfiOI~SC~ COl~Pal~
ATTORNEY-iN-FACT ROS~'lrtq D.
The Remdent Agent of the Surety m Denton County, Texas for delivery of noUce and serwce
of the process m
NAME r C L. Insurance Agency, Inc
STREET ADDRESS 206 Elm Street, Ste 105, Lewisville, Texas 75067
(NOTE Date of Performance Bond must be date of Contract If Res,dent Agent ts not a
corporatton, gtve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS § BON9 t~o. 202685
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DICKERSON CONSTRUCTION,
whose address is P.O. BOX 181, CELINA, TX, 75009, hereinafter called Principal, and
IiARTI~RD FIRE INSURANCg COI~PANY a corporation organ,zed and
existing under the laws of the State of TEXAS, and fully anthor~zed to transact business m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal
corporation organized and existing under the laws of the State of Texas, heremafter called
Owner, and unto all persons, frans, and corporations who may furnish materials for, or
perform labor upon, the bmldmg or unprovements hereinafter referred to, m the penal sum of
NINETEEN THOUSAND SIX HUNDRED no/100 DOLLARS ($19,600 00) m lawful
money of the Umted States, to be paid m Denton, County, Texas, for the payment of which
sum well and truly to be made, we hereby brad ourselves, our he~rs, executors, admunstrators,
successors, and assigns, jomtly and severally, firmly by these presents Th~s Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME ,s conditioned as follows Whereas, the Principal
entered into a certain Contract, ~dentlfied by Ordinance Number 98-282, with the City of
Denton, the Owner, dated the 15 day of SEPTEMBER A.D 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2263 - BORE INSTALLATION OF 18"
CASING & CONDUIT UNIVERSITY DRIVE WEST OF GEESLING.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform ~ts duties
and make prompt payment to all persons, firms, subcontractors, corporauons and claunants
supplying labor and/or material m the prosecution of the Work provided for m said Contract
and any and all duly authorized modifications of sa~d Contract that may hereafter be made,
notice of which mod~ficaUons to the Surety bemg hereby expressly waived, then th~s obhgatlon
shall be void, otherwise n shall remain in full force and effect
PROVIDED FURTHER, that ff any legal action be filed on this Bond, exclusive venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
supulates and agrees that no change, extension of tune, alterat,on or addmon 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 m anywise affect ~ts 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, 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 applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent m Denton County to whom any requmte notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as promded by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 15 day of SEPTEMBER, 1998
ATTEST PRINCIPAL
DICKERSON CONSTRUCTION COMPANY, INC.
' BY
ATTEST SURETY
~~ ATTO~EY-~-FACT ~S~ D. ~SSELL
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME ?.C.L. Insurance Aienc}r, Inc
STREET ADDRESS 206 Elm Street, Ste 105, Lewisville, Texas 75067
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporation, give a person's name )
2263 CONTRACT & BONDS
PB-4
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by thuae Pmeanfu~ That the HARTFORD FIRE INSURANCE COMPANY, a corpumtion duly organized
under th~ law~ of the 8thte of Conneoflcot and ndvlng its principal office In the City of Hartford County of Hartford State of CormeofJcut
does hofeby make. ~onofltufu and appoint
BRUCE ~ D~, ~D WARD £. ]VIOORE, REGIJqA M CARTF. R, ROSAL YN D HASSELL
and DA VID £ OROPPELL of HUIdBI~, TP~IAS
its true and lawful Attorney(n) in Fant with full power and authority to each of ~aid Aifomey(a)-In Fact In their separate capacity if more
than on~ ia named above to kign execute and a~knowladge any and all bonds and undertakings and other writings obligatory in the
nature tl~ereof on boheif of the Company in ~ business of guarentee[ng the tdelby of parsons holding places of public or private trust
guarentelell~ the pe;formance of centres other than Insurance pulloles guaranteeing the performance of insurance contracts where
surety b~nda are acoepted by states and municipatitle~ and executing or guerantethng bonds and undertakings required or permitted in
all a~thla or pro(thedlnga or by law allowed, and to bind the HARTFORD FIRE iNSURANCE COMPANY thereby aa fully and to the
same ~ an if such bonds and undertakings and other writings obllgato~ in the nature thereof were algrted by an Executive Officer of
the HARTFORD FIRE INSURANCE COMPANY and cealad and attested by one other of such Officers and hereby ratifies and confirms
all that ~ celd Attorney(a) ImFaof may do in pursuance hereof
Thiz power of atfumay ia granted by and under authority of the following provls~on$
(1) By-Laws adopted by the Stcokholdare of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly celled and held on
the 9th day of Mar=h, 1971
ARTICLE IV
9ECTION 8 The PreNdent or any Vind*Prelldefit, acting with any 8ec~ofa~/or A~kilthnt ~ecretory Bhall have power and authority to appoint for
pomoae~ ~on~ of exeeuflng and .tteltlr~g bmlda and undeltakirlgl end other wrffi~lgl obllgathry in the nlt~zre thereof om~ or mom Resident Vies
Preskisn~ Re~klant Al~kithnt Secretaries and Atthme~l.ln Fact and at any t~me to remove any such Resident V~e-Pre~lhent Re~kient A~kiathnt
Se~eth~y~ er Attorney-in-Fath and revoke the power and euthollty given to him
SECTION 11 Attomey~-ki4=a~t shall have power and authorYo/ subJeci to the term~ and limhetlons of the power of attorney ~ued to them to
execute a~l delNar on behalf of the Cor/~ny and to attheh the ~eel of the Company thereto any e~ld all bonds and undertakings and other writings
~l~gthmy In fie nature thereof and any au~h Indtmment er, e~cted by any such Attomny in-Fa~ shell he as binding ~Jpon the Company as if kigned by an
Attelt. HARTFORD FIRE IREURANCE COMPANY
8TATI~ OF CONNECTICUT J ~. Paul L Marabolla
coul~Y oF HARTFORDJ V/=e-Pm~nt
the Recolubona of the Beam of Dlrantom. eat furih in the Power of Attomey are now in forue
~lignedanduaatedattheCltyofHartfurd Datedtha ]..~'~]~ dayof~E~'[']~B'R~ 19 98
.4CORD. CERTiFiCATE OF LiABILiTY INSURANCE ,&,I .
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Elsey & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Surety/Insurance IAgency, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR
8820 Will Clayton Pkwy ALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW
~Hu.m.ble TX 7'7338 COMPANIESAFFORDINGCOVERAGE
Edward L Moore COMPANY
A National American Insurance
Phone NO 281-540-1555 E~N* 281-540-7419
INSURED COMPANY
B
Dickerson Construction Company COMPANY
Inc & Lewis Dickerson, Indiv C
P 0 Box 181 COMPANY
Celina TX 75009 D
COVERAGES
THiS IS TO CERTIFY THAT THE POECIES OF INSURANCE Mb'TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY SE ISEUBD OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
POUCY EFFECTIVE POLICY EXPIRATION
CC TYPE OF INSURANCE POLICY NUMBER LIMITS
LTR DATE {MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILI~U( GENERAL AGGREGATE
__ -- ] CLAIMS MADE [~ OCCUR PE~R$ONAL & ADV INJURY $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 · 0 0 0,
A X ANYAUTO AUl1764421 09/01/98 09/01/99
CITY OF DENTON. ITS OFFICIALS, AOENTS. EMPLOYEES AND VOLUNTEERS ARE
ADDITIONALLY INSUNED REs BID #2263 BORE AND INSTALLATION OF 18" CASING AND
CONDUIT UNIVERSITY DRIVE WEST OF OEESLING INSUP~kNCE IS PRIMAR
Y
CERTiFiCATE HOLDER CANCELLATION
Edw
ACORD 2~S (1/95) ~~ '~ r .... ACORD CORPORATION 1988
PRODUCER EMPLOyeRs eS~ INSU~.~C; O~OUP ~C THIS CERTIFICATE IS ISSUED AS A MA~ER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
[23 N C=ocke~L, aurae 600 HOLDER THIS CERTIFICATE DOES NOT AMEND, ~END OR
she=~n Tx 75090 ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVE~GE
~MP~Y OLD REP~LIC L~YDS OF TE~S
A
C
{. D
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention la directed to the insurance requirements below. It la h~ghly
recommended that bidders confer with their respective insurance carriers or brokers
to determine In advance of Bid submission the avmlab~lity of Insurance certificates eno
endorsements as prescribed and provided herein. If an apparent Iow bidder falls to
comply strictly with the Insurance requirements, that bidder may be dlsquailfled from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the ContracTor, the
Contractor shall provide and maintmn until the contracted work has been complete=
and accepted by the City of Denton, Owner, the mm~mum insurance coverage as
indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of insurance, containing the b~d
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requ,rements at any
time; however, Contractors are strongly adwsed to make such requests prior to bid
opening, since the Insurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted w~th the bid. Contractor shall
not oommance any work or deliver any material until he or she recmves notificat~on
that the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained ~n
compliance w~th these general specifications throughout the duration of the Contract,
or longer, ~f so noted:
· Each policy shall be issued by a company authorized to do business m the
State of Texas with an A.M. Best Company rating of at least A.
· Any deductibles or self-insured retentions shall be dectared ~n the bid
proposal. If requested by the City, the ~nsurer shall reduce or eliminate
such deductibles or self-insured retentions w~th respect to the C~ty0 ~ts
~'V~SED ~o/~2/e~ CI - I
Insurance RequJrements
Page 2
officials, agents, employees and volunteers; or, the contractor shal! procure
a bond guaranteeing payment of losses and related ,nvestlgatlons, c~a
administration end defense expenses.
a Liability policies shall be endorsed to provide the following:
e® Name as additional Insured the City of Denton, Its Officials, Agents.
Employees and volunteers.
e® That such insurance Is primary to any other Insurance available to the
additional Insured with respect to claJms covered under the policy
that this fnsurance applies separately to each insured against whom
clafm Is made or suit is brought. The ~ncluslon of more than one
Insured shall not operate to increase the ,nsurar's limit of Ilabll,ty.
· All policies shall be endorsed to prowde thirty(30} days pr,or written not,ca
of cancellation, non-renewal or reduction ,n coverage.
· Should any of the required insurance be prowded 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 contrac:
term which give rise to claims made after expfraflon of the contract shall
be covered.
· Should any of the required insurance be provided under a form cf coverage
that Includes a general annual aggregate limit providing for cta~ms
investigation or legal defense costs to be ~ncluded in the general annual
aggregate Iimtt, the contractor shall either double the occurrence limits or
obtmn Owners and Contractors Protective Uabllity 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 ewdence of reinstated coverage as required by
contract, effective es ofthe lapse date. If insurance ,s not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AAAO0~0
~,v~sE~ ~on~t C] - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance policies proposed or obtained ~n satisfaction of this Contract sha,l
additionally comply with the following marked specifications, and shall be mamtameo
in compliance with these additional specifications throughout the duration of ~he
Contract, or longer, if so noted:
IX] A. General Liability Insurance:
General Liability insurance w~th combined stogie limits of not less than
1,000,000 shall be provided and mamta,ned by the contractor The pohc,/
shall be written on an occurrence basis e~ther ~n a single policy or ~n a
combination of underlying and umbrella or excess pol~cms
If the Commercial General Liability form (ISO Form CG 0001 current
edition} is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual habd~
covering this contract and broad form proper~y damage coverage
· Coverage B shall ~nclude personal injury.
· Coverage C, rnedlcal payments, ~s not required
If the Comprehensive General Lability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, it shall ~nctude at least.
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement}
covering this contract, personal ~njury liability and broad form
property damage liability.
Insurance Requirements
Page 4
[×] Automobile Uabiilty Insurance:
Contractor shell provide Commercial Automob,le Liability ,nsurance w~h
Combined Single Emits (CSL} of not less than 1,000,000 either ~n a single
policy or in a combination of basic and umbrella or excess policies. The pohcy
w, II include bodily Injuw and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
Satisfaction of the above requirement shall be ~n the form of a policy
endorsement for:
a any auto, or
· ail owned, hired and non-owned autos.
IX] 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 ~nsurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $§00,000 policy IIm,t 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
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 Jn accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as ~nsured for property
damage and bodily injury which may arise ~n the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
A.~A00~80
AEYISED ~o/~2/e~ CI - ·
insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insuranc~
company that carries the contractor's lieblllty Insurance,
at least combined bodily ~njury and properw damage
occurrence with a aggregate,
[ ] Fire Damage Legal Uabillty Insurance
Coverage Is required If Broad form General Uablllty Is not provided or ~s
unavailable to the contractor or if a contractor leases or rents a portion of ~
City building. Limits of not less than each occurrence are requlrec
[ ] Professional Liability insurance
Professional liability insurance with limits not less than per clmm
with respect to negligent acts, errors or omissions In connection with
professional services is required under this Agreement.
[ ] Builders' Risk Insurance
Budders' Risk insurance, on an Ali-Risk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the City of
Denton and ell subcontractors as their Interests may appear
[ ] Additional Insurance
Other Insurance may be required on an ,ndlvldual basis for extra hazardous
contracts and specific service agreements. If such additional Insurance ~s
required for a specific contract, that requirement will be described ~n the
"Specific Conditions" of the contract specifications.
.~v,.= ~.n~.. CI - 5
Insurance Requirements
Page 6
ATI'ACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A, Definitions:
Certificate of coverage ("cartlflcate"}-A copy of a certificate 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-B,~),
showing statutory workers' compensation insurance coverage for ~e
person's or antlty's employees providing services on a project, for ~he
duration of the project.
Duration of the project - includes the time 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 services on the project ("subcontractor" in §406.096) -
includes all persons or entitles performing all or par; of the services ~e
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This includes, without limitation,
Independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any ent;ty which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not ~nclude activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable tmlets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor providing services
on the project, for the duration of the project.
AAAOO3SO
R~/IS~'n 10112J84 CI - 6
Insurance Requirements
Page 7
C. The Contractor must provJde a certificate of coverage to the governmen:=
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate
coverage ends during the duration of the project, the contractor must, prlc
to the end of the coverage period, file a new certificate of coverage
the governmental entity ehowJng that coverage has been extended.
E. The contractor shall obtain from each person providing servJces on a
project, and provide to the governmental entity:
¢11 a certificate of coverage, prior to that person beginning work on The
project, so the governmental entity wtlI have on file certificates of
coverage showing coverage for all persons prowdlng services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage show~ng extension of coverage, if the coverage
period shown on the current certificate of coverage ends durzng the
duration of the project.
F The contractor shall retain al/ required certificates of coverage for the
duration of the project and for one year thereafter
G. The contractor shall notify the governmental entity ;n wnflng by cemfied
ma~l or personal delivery, within 10 days after the contractor knew or
should have known, of any change that mater;ally affects the prows~on of
coverage of any person providing services on the prolect.
H. The contractor shall post on each project szte a notice, zn the text, form and
manner prescribed by the Texas Workers' Compensation Commiss~on,
Informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
L, tr,,~8~ ~on2~4 C! - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom ~t
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, wh;c.~
meets the statutory requirements of Texas Labor Code, Sect, ion
401.011(44) for all of its eml~loyees prowdlng services on the proiec:,
for the duration of the project;
(2) I~rowde to the contractor, prior to that person beginning work on ~a
project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a ne:v
certificate of coverage showing extension of coverage, If the coverage
I~er~od shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom ,t contracts, and provide :o
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 perzod, ~f the coverage per;od
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 zn writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person provldlng services on the project; and
Insurance Requirements
Page $
(7) contractually require each person with whom ct contracts, to perform
as required by paragraphs (1} - (7l, 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 ce~flcate
of coverage, the contractor la representing to the governmental entity that
all employees of the contractor who will provide services on the projec~ will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be ~ed
wsth the appropriate insurance carrier or, in the case of a self-Insured, w~th
the commission's Dlv~sion of Self-Insurance Regulation. Providing false ar
misleading Information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other clv,i actions.
K. The contractor's failure to comply with ,any of these provisions Is a breach
of contract by the contractor which ehtities the governmental entity to
declare the contract void if the contractor does not remedy the breach
w~thln ten days after receipt of notice of I~reach from the governmental
entity.
~'v,sw ~o;~ Cl - 9
PO ~0
BID TABULATION SHEET
TOTAL
BID
In the evant of the award of a contract to the und=mgned, the undemgned wfli furma:
peWormanco bond and a payment bond for the full amount of the contras, to ,secure
compliance with the terms and provuioas of the contract, to insure and gtmantee the work ~.--'
final compleiion and at. prance, Ired to guarantee payment for all lawful ~t=,m.~ for
performed and materiah fm'aished ia the fidrfllment of the contrac:.
It Is understood that the work proposed to be done shall be accepted, when fully comple,.~/
finished in accor~nc~ w~th the plans and spe~ifir, anons, to the samfacflon of the
The under~gned c~'afies that the bid prices contained m th~ proposal have been
ohecked and are subtracted as correct and final.
Unit and lump-sum tmc~ as shown for each item listed m tius proposal, shall ~ontrol
extensions.
CONTRACTOR
BY
~tz~t Addrr.~
City md State
Seal & Auto--on
T~hone
B-I