1997-077 ORDINANCE NO
AN ORDINANCE ACCEP FING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS [HEREFOR, AND PROVIDINO FOR AN EFFECTIVE DATE
WHEREAS the City has sohmted, received and tabulated competitive bids for the
construction of pubhc woiks oi improvements in accordance with the procedures of STATE law
and City ordinances and
WHEREAS, the C~ty Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described tn the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THF COUNCIL OF FHE CITY OF DENTON HEREBY ORDAINS
SEC I'iON i i hat the tollowing competitive bids for the construction of public works or
improvements, as described tn the "Bid Inv,tatlons", "Bid Proposals" or plans and specifications on
file in the Office ol the City's Ptu chasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2021 H AND J CONSTRUCTION $ 65,000 00
SECTION I1 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 m lmplovements herein accepted and approved, until such person shall comply with
all requnements specified in the Notice to Bidders including the timely execution of a written
contract and Immshing ot pcltmmance and payment bonds, and insurance certfficate after
notification ol the award of the bid
SECTION Ili 1 hat the City Manager is hereby authorized to execute all necessary written
contracts fo~ the pe~ Immance ol the construction of the public works or improvements ~n accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Ploposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standaids, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above competitive b~ds and the
executton of cont~ acts ~Ol the pubhc works and improvements as authorized here~n, the C~ty Council
hereby authorizes the expenditure of funds tn the manner and ~n the amount as spemfied m such
approved btds and authottzed contracts executed pursuant thereto
SECTION V That th~s ordinance shall become effective immediately upon its passage and
approval
PASSED AN[) APPROVED thts the /O(T/~ day of ~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY~ CITY ATTORNEY
2
DATE MARCH 18, 1997
~ REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID #2021 - EVERS PARK RESTROOM/CONCESSION BUILDING
RI~D3~IDAI[O~: We recommend this bid be awarded to the lowest responsible bidder,
H & J Construction, in the amount of $65,000 00 with completion in 100 calendar days
SUMMARY. This bid is for the construction of a restroom and concession building located in
Evers Park at 3300 Evers Parkway It is an approximate 864 sq fl masonry and concrete block
bmld~ng w~th composition roofing Included in the design are men's and women's mstrooms,
concession stand and storage fatalities, parks department storage, as well as storage for athletm
eqmpment
PROGRAMS; DEPARTME_N~ECTEDJ Parks Department, Evers Park
Athletic Activities, and Parks Mmntenance Division
~ Thxs is a CDBG funded project The budget for this construction was $70,000
set aside in account number 219-05A-CDA9-8502
Attachments Tabulation Sheet
Respectfully submitted
Kath~t~e
Executive Director of Finance
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
852 DOC
3
BID # 2021
BID NAME EVERS PARK RESTROOMI H & J DBR
CONCESSION BUILDING CONSTRUCTION CONSTRUCTION
OPEN DATE MARCH 11, 1997
~ C~UANTITY DESCRIPTION ~' VENDOR- VENDOR VENDOR
1 BASE BID ($) $65,000 00 $93,989 00
DAYS TO PERFORM WORK UPON 100 DAYS 110 DAYS
NOTICE TO PROCEED
BOND YES YES
4
CONTI CT AGI EEMENT
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 18 day of
MARCH A.D., 19 97 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENA~IDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
H & J CONSTRUCTION
151 SO~T~ MAIN STREET
KELLER. TEXAS 76248
of the City of ~T~R , County of TA~mA~T
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 2021 - EVERS PARKI~ESTROOM/CONCESSION BLDG.
in the amount of $65~000.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance w~th all the General
Conditions of the Agreement, the Speclal Conditions, the Notice to
Bidders (Advertlsement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
DENTON PARE~ AND REClamATION DEPARTMENT
all of which are made a part hereof and collectively evldence and
constitute the entire contract.
Independent Stat~
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Contractor shell and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invltees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of th~s
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
~ H & J CONSTRUCTION
CONTRACTOR
Rashaan Tinker 151 South main Street
Keller, Texas 76248
MAILING ADDRESS
817-379-5549
PHONE NUMBER
817-379-5534
FAX NUMBER
BY ~//~ President
Henry J Tinker
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
City Attorney ~
AAA0184D
Rev 04/05/96
CA - 3
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ,~T.?~ MEN BY THESE PRESENTS. That m & J CONS~UCTION
, of t/la City of
County of T~ , and State of '~'~
aB PRINCIP~, and ~,,~ Tn~.~nc~ ~nmpanv
, &B S~ETY, au~orized under the laws of
~e Sta~e of Texas to act aB sure~y on bonds for principals, are
held and fi~ly bound ~o the .r~ ci~ OF g~
as O~, in the penal s~ of s~ F~ ~ou~ ~ no/lO0 ....
Dollars ($ 65,000.00 ) for
paten2 whereof, the said Principal and Surety b~nd themselves, and
their belts, a~Lnistrators, executors, successors and assigns,
Jointly and severally, by these presen~s:
WHEREAS, ~he Principal has entered into a certain written
contract with the OWNER, dated ~he lS day of MARC~ ,
19 97, for the construction of BID & 202~ -- ~V~P~/~KR~STROOM /
~N~SSI~B~
which contract ia hereby referred to and made a part hereof as
fully and to the same extent as if cop~ed at length herein.
NOW, THEREFORE, the condition of this obligation Is such, that
if the said prlnoLpal shall faithfully perform sald Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, end according to the true in=ant and meaning of said
Contract and the Plans and Specifications hereto annexed, then th~s
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond ls executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all 1labilities on this bond shall be
determined in accordance wLth said provisIons to the same extent as
· f they were copLed at length herein.
PB - i
PROVIDED FURTH~, that if any legal action be filled upon this
bond, venue shall lie in Denton County, stats of Texas.
Sure=y, for value received, stipulates and agrees that no
change, extension ef time, alteration or addition to the terms of
the contract, or ~o ~ha work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its oblAgaticn on this bond, and it does hereby waive notlce
of any such change, extension of time, alteration or addition to
the ter~e of the uontrect, or to the work to be performed
=hereunder.
IN WI~ESS WHEREOF, the said Principal and Surety have s~gned
and sealed this instrument this ]4th day of ^pr1] ,
19 97 .
H & J C00structl00 Su]f Iusurauce Company
Principal //~ Surety
Title President Title Attornev-]n-Fact
Address: 151 South Main Street Address: ~gn ~,; Tm,by a,,e_ Su!te 400
.... Keller, Texas 76248 ~]e. Il!. ~9977
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
B0]ey-Featherston Iu$ Co
70] lamer W~ch]ta Fa]]$~ Ix. 7630]
NOTE: Date of Bond must not be prior to date of Contract.
~.%AO184D
04/05/96
PB - 2
PAY'IVIENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That H & j CONSTRUCTION
of the City of
County cf W~ANT , and the State of T~S ,
SS principal, end Gulf Insurance Company
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and f~rmly bound unto
~ ciT~ oF DENTON , OWNER, In the penal sum of
sl~-~.x F~v~T~OUSaNDand no/100 ................ Dollars ($.6§,000.00 )
for the payment whereof, the said Principal end Surety bind
themselves and their heirs, administrators, executors,
and assigns, Jointly and severally, by these presents
WHEREAS, the Principal has entered into a certain written
contract with the OWner, dated the 18 day of
19 97
BID 9 2021 -- ~ PA/~ l~S~ ~ ~3~(I~SSION B~J~G
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW~ THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claImants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided Eor in said contract, then this obligation shall be
void, othe=wise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond Is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), end all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
AO~ NOIJ~O[IHJ.~NOO I H l~ 6Ag Al9 YYH 9~ ~0 L6
Surety~ for value reoeaved, stapulates and agrees ~haC no
change, ak'tanaLon of tame, alteration or addition to t~he terms of
the contract, or to the work performed thereunder, or t. he plans,
epecificat~ons, or drawings accompanying the same, shall in any way
affec~ its obligat~on on this bond, end at does hereby weave no=ice
of any such change, ax~ension of ~ime, alters=aCh or adda=agn to
the terms of the contract, or to the work to be performed
~hareundmr.
IN WI~ESS ~EOF, ~e said Principal and Surety have
signed and sealed this inst~en= ~is 14th day of April
19 97
H & J Construction Gulf Insurance Company
Pr~ncipal /~ Surety
Title President Title Attorney-1 n-Fact
Address: 151 South Main Street Address:
Keller, Texas 76248
5559 W.leuhy Suite 409
.Skokle, Ill 60077
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is.
Boley-Featherston Ins Co
701 Lamar Wlchlta Falls, Tx 76301
AAAO184D
aev
PB - 4
GULF INSURANCE COMPANY BOND 5919673
KANSAS CITY, MISSOURI NUMBER AE
POWER OF ATTORNEY
NAME, ADDRESS
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE PRINCIPAL CITY STATE ZIP
SAFETY PAPER WITH T~AL INK DUPLICATES SHALL HAVE THE
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITIt THE ORIGINAL
KNOWN ALL MEN BY THESE PRESENTS That the Gulf Insurance Corn H & ,J Corlstructlon
~any, a corporation duly orgaolzed under the laws of the State of Missouri havre ] 51 Sou t h Ma 1 n
s principal office tn the city of Irving Texas pursuant to the fofiowmg resolutm~g
adoptedbytheFmance&ExceutlveComnatteeoftbeBoardofDlrectorsofthesad Keller, TX 76248
Company on the 10~h day of August 1993, to w~t
' RESOLVED that the Prosldent Executive %ce PresIdent or any Semor
President of the Company shah have authority to make execute and deliver a Power
of Attorney/consututtnS as Attorney m Fact such persons, firms or corporations as
may be sezected from time to time and any such Attorney m fact may~ removed
and the authority granted Mm revoked by the President or any Executive Vice EFFECTIVE DATE
PresMent or any Senior Vmce President or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors 4-] 4-97
RESOLVED that notlung In th~s Power of Attorney shall be construed as a grant
of authority to ~e attorney(s) mn fact to sign execute acknowledge de var or olher CONTRACT AMOUNT
w~se issue a pehcy or pehmes of insurance on behalf of Gulf Insurance Company
RESOLVED that the S~ghature of the President Executive %c¢ PresMem or
any Semor Vice PresMent and the Seal of the Company may be affixed to any st~h 6 5 ~ 0 00
Power of Attorney or any certificate relating thereto by facsimile and any such
powers so executed and certified by facsimile signature and facslmde seal shall be BOND AMOUNT
valid and bmthng upon the Company m the future w~th respect to any bond and
documents relating to such boods to whmch they are attached
Gulf Insurance Company does hereby make constmtute and appoint
Laura Esplnoza
~ts tree and lawful attorney(s) In fact wtth full power and authoray hereby conferred n s name p ace and stead to sign execute acknowledge and dehv~r in ns
behalf as surety any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company ihereby as fully and to the same extent as if any bonds
undertakings and documents relating to such bonds and/or undertakings were s gned by the du y autbonzed officer of he Gu f Insurance Company and all the acls ut
smd attorney(s) m fact pursuant to the authority berem given are hereby ratified and confirmed
The obhgatton of the Company shall not exceed one mllhon ($1,000 000 00) dollars
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto afflned
GULF INSURANCE C()MPAN~/f~
STATE OF NEW YORK ) Christopher E Watson
) SS Presmdent
COUNTY OF KINGS )
On this 1st day of June, 1996 A D, before me came Christopher E Watson, known Fo me personally who being by me duly sworn, did depose and say
that he resides th the County of Westcbester, State of New York, that he is the President of the Gulf Insurance Company, the corporation described m and
which executed the above Instrument, that he knows the seal of said corporation, that the seal affixed to the said instruments is such corporate seal that
it was so affixed by order of the Board of Directors of said corporation and that he s~gned his oame, thereto by like order
~ v SPIRO K BANTIS ~
,~ Notary Public, State of New York
STATE OF NEW YORK ) No 24 4861345
) SS Qualified in Kings
COUNTY OF NEW YORK ) Commission Expires May 12, 1998
1, the undersigned, Executive Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBy CERTIFY that the foregoing and
attached POWER OFA~FORNEY remains in full force
Datedthe 14th dayof April ,19 97
Lawrence P Mlnlter
Executive Vice President
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the Insurance requirements below It .s highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine m advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein If an apparent Iow b~dder falls to
comply strictly with the insurance requirements, that bidder may be disqualified from
award of the contract. Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract
STANDARD PROVISIONS:
W~thout hmlt~ng any of the other obhgatlons or hab~htms of the Contractor, the
Contractor shall prowde and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the m~mmum insurance coverage as
,nd~cated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of ~nsurance, conta~mng the b~d
number and title of the project Contractor may, upon wntten request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
time, however, Contractors are strongly adwsed to make such requests prior to b~d
opening, since the Insurance requirements may not be modified or waived after
opening unless a written exception has been submitted w~th the bid Contractor shall
not commence any work or dehver any material until he or she receives notification
that the contract has been accepted, approved, and s~gned by the C,ty of Denton
All ~nsurance pohc~es proposed or obtained m satisfaction of these requirements shall
comply w~th the following general specifications, and shall be maintained
comphance w~th these general specifications throughout the duration of the Contract,
or longer, if so noted
· Each pohcy shall be ~ssued by a company authonzed to do bus,ness ~n the
State of Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-~nsured retentmns shall be declared m the b~d
proposal If requested by the C~ty, the ~nsurer shall reduce or ehm~nate
such deductibles or self-insured retentions w~th respect to the C~ty, ~ts
AAAO0350
REVISED 10112/94 C~ - I
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses
· L~ab~l~ty policies shall be endorsed to prowde the following
®® Name as additional insured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers.
· · That such insurance ~s primary to any other insurance available to the
additional insured w~th respect to claims covered under the policy and
that this ~nsurance applies separately to each ~nsured against whom
claim is made or suit is brought The ~nclus~on of more than one
insured shall not operate to ~ncrease the ~nsurer's limit of liability
· All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non-renewal or reduction ~n coverage
· Should any of the required insurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, w~thout lapse, for a per~od 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 prowded under a form of coverage
that includes a general annual aggregate I~m~t prowdmg for claims
investigation or legal defense costs to be ~ncluded ~n the general annual
aggregate I~mlt, the contractor shall either double the occurrence I~m~ts or
obtain Owners and Contractors Protective Llab~hty Insurance
· Should any required ~nsurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the C~ty
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
AAA00350
2
REVISED 10/12/04
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ,nsursnce pohcles proposed or obtained ~n satisfaction of this Contract shall
add~t,onally comply w~th the fo~low,ng marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
Ix] A. General L,abzlity Insurance:
General Liability ~nsurance with combined single hmlts of not [ess than
5oofooo shall be prowded and maintained by the contractor The policy
shall be written on an occurrence basis either ~n a single pohcy or m a
combination of underlying and umbrella or excess pol~mes
If the Commerc;al General L~ab~hty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall include premises, operations, products, and
completed operations, ~ndependent contractors, contractual hab~l~ty
covering this contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General L~ab;l~ty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall include at least
· Bodily injury and Property Damage Llabd~ty for premises,
operations, products and completed operations, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual hab;l~ty (preferably by endorsement)
covering th~s contract, personal ~njury hab~l~ty and broad form
property damage I~ab~tlty
AAAO0350
CI
REVISED 10/12/~4 ' ,.1
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Lmb~hty insurance w~th
Combined Single Limits (CSL) of not less than ~5o0,0o0 either ~n a s~ngle
policy or in a combination of basic and umbrella or excess pohmes The pohcy
will ~nclude bodily ~njury and property damage liablhty arising out of the
operation, maintenance and use of all automobiles and mob;le equipment used
in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a pohcy
endorsement for
· any auto, or
· all owned, hired and non-owned autos
Ix] Workers Compensat,on Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which, ~n addition to meeting the m~nlmum statutory requirements for issuance
of such Insurance, has Employer's L~ab~hty limits of at least $100,000 for each
accident, $100,000 per each employee, and a 8500,000 policy limit for
occupational disease. The City need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all rights of subrogation against the City,
its officials, agents, employees and volunteers for any work performed for the
C~ty by the Named Insured For building or construction projects, the
Contractor shall comply with the prowslons of Attachment 1 ~n 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 Lmbillty Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Llabd~ty 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
AAA00350
4
.~V~SED ~o,=~4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance Policy lim,ts w~ll be
at least combined bodily ~njury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Llab;lity Insurance
Coverage is required ~f Broad form General Liab~lity ~s not provided or ~s
unavailable to the contractor or if 8 contractor leases or rents a port,on of a
City building Limits of not less than each occurrence are required
[ ] Professional L,ab,lity Insurance
Professional liability insurance w~th hm~ts not less than per claim
with respect to neghgent acts, errors or omissions in connection with
professional services ~s required under this Agreement
[ ! Bu,lders' R;sk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided Such policy shall include as "Named Insured" the C~t¥ of
Denton and all subcontractors as their interests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an individual basis for extra hazardous
contracts and specific serwce agreements If such additional ~nsurance ~s
required for a specific contract, that requirement will be descnbed ~n the
"Specific Conditions" of the contract specifications
AAA00350
REVISED 10/12/~4 CI - 5
Insurance Requirements
Page 6
ATTACHMENT I
[x] Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Entities
A. Definitions'
Certificate of coverage ("certiflcate")-A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entlty's employees prowdlng services on a project, for the
duration of the project
Duration of the project - includes the time from the beg;nnmg of the work.
on the project until the contractor's/person's work on the prolect has been
completed and accepted by the governmental entity
Persons prowd~ng services on the prolect ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly w,th the contractor and regardless of
whether that person has employees. Th,s ,ncludes, w,thout hm~tat~on,
independent contractors, subcontractors, leasing companies, motor
careers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde services on the project
"Services" include, without limitation, providing, hauling, or dehvenng
equipment or materials, or providing labor, transportation, or other service
related to a project. "Serwces" does not include act;wiles unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
delivery of portable toilets.
B The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor providing serwces
on the project, for the duration of the project
AAA00360
REVISED 10/12/94 CI - 6
Insurance Requirements
Page 7
C The Contractor must prov,de a cert,ficate of coverage to the governmental
entity prior to being awarded the contract
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage w~th
the governmental entity show,ng that coverage has been extended
E The contractor shall obtain from each person providing serwces on a
project, and provide to the governmental entity
(1) a certificate of coverage, pnor to that person beg~nmng work on the
project, so the governmental entity will 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 during the
duration of the project
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G The contractor shall notify the governmental entity ~n wnt~ng by certified
mini or personal delivery, w~thm 10 days after the contractor knew or
should have known, of any change that materially affects the prowslon of
coverage of any person providing serwces on the prolect
H The contractor shall post on each project s~te a notice, ~n the text, form and
manner prescnbed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may venfy coverage and
report lack of coverage
AAAO0350
P, EV~SEO ~o/~=~4 CI -
7
Insurance Requirements
Page 8
The contractor shall contractually requ,re each person with whom ~t
contracts to provide services on a proJect, to,
(1) prov,de coverage, based on proper reporting of classification codes
and payroll amounts and f,l,ng of any coverage agreements, whmh
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of Its employees prov,dlng services on the project,
for the duration of the project,
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage ,s being
prov,ded for all employees of the person providing services on the
proJect, for the duration of the proJect,
(3) prowde the contractor, prior to the end of the coverage period, a new
cemflcate of coverage showing extension of coverage, If the coverage
period shown on the current certificate of coverage ends dunng the
duration of the proJect;
{4) obtain from each other person with whom ~t contracts, and prowde to
the contractor
{a) a cert~fmate of coverage, prior to the other person begmmng
work on the project, and
(b) a new cert,flcate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage penod
shown on the current certificate of coverage ends during the
duration of the prolect,
(5) retain all required certlhcates of coverage on file for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n wnt~ng by certified mall or personal
dehvery, w~thm 10 days after the person knew or should have known,
of any change that matenally affects the provision of coverage of any
person prov,dlng servmes on the project, and
AAAO0360
~ISED 10/12/~4 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to p;erform
8s requ,red by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing serv;ces
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who w~ll prowde serwces on the project w,ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carr,er or, in the case of a self-insured, with
the commission's Divls,on of Self-lnsurence Regulation Providing false or
mislead,ng information may subject the contractor to adm,mstrative
penalties, criminal penalties, civil penalties, or other c~vll actions .
K. The contractor's fadure to comply with any of these provisions Is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AAA00360
~V*SED ~o~4 CI - 9