2015-288ORDINANCE NO. 2015-288
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT FOR PHYSICAL ASSESSMENT SERVICES FOR THE CITY OF DENTON FIRE
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 5292—AWARDED TO HUGULEY ASSESSMENT
CENTER 1N THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $347,040).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Huguley Assessment Center to provide annual physicals for civil service Fire
Department personnel for the City of Denton, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTIONm3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 5292 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PAS SED AND APPROVED this the ,�� day of ,.. �� m� �� �" �...r,� ,R 2015.
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY.�. ��'� � � , � .�
APP�� � ��L� ,�w:�� 1'�:� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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DocuSign Envelope ID: 79F58820-2E2B-48D7-9EF0-FD4A710787E8
PROFESSIONAL SERVICES AGREEMENT
FOR DENTON FIREFIGHTERS ANNUAL PHYSICAL ASSESSMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
September 15th, 2015
THIS AGREEMENT is made and entered into on , by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at
215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER"
and Huguley Assessment Center, with its corporate office at 11801 South Freeway, Suite 128,
Fort Worth, Texas 76115, hereinafter called "CONSLTLTANT," acting herein, by and through
their duly authorized representatives.
WTTNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSLTLTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the highest
professional standards customarily obtained for such services in the State of Texas. The
professional services set out herein are in connection with the following described project:
The Project shall include, without limitation, annual physical assessments for the Denton
Fire Department's firefighters.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER's Scope of Services, which is attached hereto and made a part hereof as Exhibit
"A" as if written word for word herein.
B. To perform all those services set forth in CONSULTANT's proposal including unit
prices for various health assessments and screenings, which proposal is attached hereto
and made a part hereof as Exhibit "B" as if written word for word herein.
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C. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSLJLTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, are described as
follows:
A. Assisting OWNER or contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, shall be furnished by CONSLJLTANT on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
B. Sampling testing or analysis beyond that specifically included in Basic Services.
C. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties, including the preparation of engineering data and reports for assistance to
the OWNER.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSLJLTANT and upon issue of a notice to proceed by the OWNER, and
shall remain in force for the period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the
OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof.
Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts
to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services in the nature of firefighters
physical assessments.
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
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travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSLTLTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit "B" which is attached hereto and made
a part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $347,040 for the three-year
term.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSLJLTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSLJLTANT shall not proceed to perform the services listed
in Article III "Additional Services," without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSLTLTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit `B." Payments for additional services shall
be due and payable upon submission by the CONSULTANT, and shall be in accordance
with subsection B hereo£ Statements shall not be submitted more frequently than
monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSLTLTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSLJLTANT will be increased by
the rate of one percent (1%) per month from the said thirtieth (30m) day, and, in addition,
the CONSLJLTANT may, after giving seven (7) days' written notice to the OWNER,
suspend services under this Agreement until the CONSLJLTANT has been paid in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1%) set forth herein if the
OWNER reasonably determines that the work is unsatisfactory, in accordance with this
Article V, "Compensation."
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ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSLJLTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSLJLTANT and CONSULTANT's
subcontractors or subconsultants pursuant to this Agreement are instruments of service, and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSLJLTANT are intended only to be applicable to these services, and
OWNER's use of these documents in other services shall be at OWNER's sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another task order or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that task order.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSLJLTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and reasonable attorney fees
incurred by the OWNER, and including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
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ARTICLE X
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A or better:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
limits of not less than $100,000 for each accident.
C. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
D. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The General Liability and Auto Liability
insurance policies shall name the OWNER as an additional insured. CONSLJLTANT
shall endeavor to provide OWNER with any cancellation or modification to its insurance
policies.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving
one party's disagreement, may include the other party to the disagreement without the other's
approval.
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
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failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSLJLTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V"Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSLJLTANT shall cooperate in providing information. The CONSLJLTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSLJLTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSLJLTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT:
Dayne Berkner
To OWNER:
City of Denton
George C. Campbell, City Manager
Texas Health Huguley Assessment center 215 EastMcKinney
ZZS46 Med Park �r. Denton, Texas 76201
Burleson, TX 76028
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
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ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of fifteen (15) pages and two (2) exhibits, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, and agreements
which may have been made in connection with the subject matter hereof.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSLJLTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A. The CONSLJLTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSLTLTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSLJLTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
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ARTICLE XX
ASSIGNABILITY
The CONSLTLTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the OWNER.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement: OWNER's
Scope of Services (Exhibit "A") and CONSULTANT's Proposal (Exhibit "B").
B. The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONSLTLTANT shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract
period and five years thereafter, except if an audit is in progress or audit findings are yet
unresolved, in which case records shall be kept until all audit tasks are completed and
resolved. These books, records, documents and other evidence shall be available, within
10 business days of written request. Further, the CONSLJLTANT shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to this agreement, and to allow the OWNER
similar access to those documents. All books and records will be made available within a
50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER
unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or
greater occurs, the reasonable cost of the audit, including any travel costs, must be borne
by the CONSLTLTANT which must be payable within five business days of receipt of an
invoice. Failure to comply with the provisions of this section shall be a material breach of
this contract and shall constitute, in the OWNER' S sole discretion, grounds for
termination thereo£ Each of the terms "books", "records", "documents" and "other
evidence", as used above, shall be construed to include drafts and electronic files, even if
such drafts or electronic files are subsequently used to generate or prepare a final printed
document.
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C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be �ayne Berkner, shannon Becerra, Brandon Hargrave�o��e�� Rose, �aime
nothing herein shall limit CONSLJLTANT from using other qualified and competent
members of its firm to perform the services required herein.
E. CONSULTANT shall commence, carry on, and complete any and all proj ects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSLJLTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
F. The OWNER shall assist the CONSLJLTANT by placing at the CONSLJLTANT's
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSLJLTANT to enter in or upon public and private property as
required for the CONSLJLTANT to perform services under this Agreement.
G. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSLJLTANT has executed this Agreement
through its duly authorized undersigned officer on this the 15 th day of september ,
2015.
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CITY OF DENTON, TEXAS
DocuSigned by:
Q�Y�,e. C��i
4884E925FOE6480...
GEORGE C. CAlVIl'BELL, CITY MANAGER
ATTEST:
7ENNIFER WALTERS, CITY SECRETARY
DocuSigned by:
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By• rsaFaFr.�a��caaFn
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
DocuSigned by:
John Knight
BY:
WITNES S :
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CONSULTANT
DocuSigned by:
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AUTHORIZED SIGNATURE, TITLE
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CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contracz tlpon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contrac�
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification 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 in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an AM Best Company rating of at least A or better.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
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insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
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SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
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 liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include 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 injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury 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 in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non-owned autos.
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[ ] 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 accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the 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 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 insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
Page 14
DocuSign Envelope ID: 79F58820-2E2B-48D7-9EF0-FD4A710787E8
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
Page 15
DocuSign Envelope ID: 79F58820-2E2B-48D7-9EF0-FD4A710787E8
EXHIBIT "A"
PHYSICAL ASSESSMENT FOR CITY OF DENTON FIRE DEPARTMENT FIREFIGHTERS
SCOPE OF SERVICES
Professional medical services are needed to conduct physical assessments of the Denton Fire
Department (DFD) firefighters.
A comprehensive medical assessment includes:
� Complete bloodwork panel
� Cardiac stress test
� Vision exam
Hearing exam
Respiratory function test
Heavy metals bloodwork panel for Hazardous Materials (HazMat) Technicians
Chest x-rays for HazMat Technicians
Additional services include:
Physical fitness assessments
� Body mass index
� Flexibility test
� Muscle strength test
� Core endurance test
Aerobic endurance test (cardiac stress test)
Upon request, provide records to Texas Task Force 1 for participating firefighters.
The City of Denton's (City's) intentions and expectations include the provision of an individual
release form for each firefighter, signed by a physician, confirming that the individual is
"medically cleared for duty," or if "additional medical information is needed." This release
should be provided to the City within sixty (60) days after the assessments.
The consultant shall invoice the City within 30 days of the completion of service.
The consultant will provide all personnel, equipment, and supplies as needed for the assessments.
The City will provide the facility to conduct the assessments.
PSA #5292 September 2015
DocuSign Envelope ID: 79F58820-2E2B-48D7-9EF0-FD4A710787E8
EXHIBIT `B"
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The Huguley Assessment Center agrees to perform the following physical assessments for the Denton Fire
Department for the year 2015 at the quoted price, with the option for two 1-year periods. The assessments
will include:
1) Physician Examination
2) Graded Exercise Treadmill Test
3) Blood Analysis
* Chemistry
* CBC with Differential
* HIV
* Hepatitis B Titer
4) Pulmonary Function Test
5) Audiometric Screening
6) Vision Screening
7) Fitness Testing
8) PA and Lateral Chest X-ray
9) TRAVEL
BLOOD WORK +CXR
PHYSICAL/TREADMILL
Total Assessment Cost
Additional Testing as needed:
1) Fecal/Occult
2) Hepatitis C titer
3) MMR titer
4) Varacella titer
5) Tetanus shot
6) PSA (males 45 or older)
7) Hazmat Screening
$425.00
$145.00
$280.00
$10.00
$50.00
$30.00
$30.00
$40.00
$35.00
$225.00
All assessments will be done on-site in the city of Denton at a location and dates to be determined.
All fitness testing will be scored using the Huguley Assessment Center fitness standards. Personnel who
score Superior or Excellent on their fitness assessment will receive a complimentary t-shirt.
All stress tests and EKG's will be reviewed and interpreted by the Huguley Assessment Center physicians.
All personnel who are found to have an abnormal stress test will be referred to the appropriate specialist.
TexasHealthHuguley.org
DocuSign Envelope ID: 79F58820-2E2B-48D7-9EF0-FD4A710787E8
The individual will be notified of the results in writing and have 60 days from that point to address the
specified need.
Upon completion of the assessment, all fire personnel will be given a medical category rating based on the
results of the testing. These tests will be reported to the appropriate Denton Fire personnel in writing and
signed by the physician who performed the physical examination.
The Huguley Assessment Center will maintain all charts, evaluations, and other related documents. The
Assessment Center will comply with all applicable federal and state laws and local ordinances regarding
confidentiality of inedical information. The Huguley Assessment Center will provide the City of Denton
related hardcopies, records, and computer files upon request if the employee signs a Release of Information
form due to the HIPA law.
Dayne Berkner is the Manager of the Assessment Center. He can be reached at 817-551-2560
Envelope Number:79F588202E2B48D79EFOFD4A710787E8
Subject: Please DocuSign: Contract Documents
Source Envelope:
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AutoNav: Enabled
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Status: Original
9/4/201 5 1 2:48:46 PM PT
Cindy Alonzo, City of Denton
cynthia.alonzo@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Dayne Berkner
Dayne. Berkner@ahss.org
Manager
Texas Health Huguley Assessment Center
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Electronic Record and Signature Disclosure:
Accepted: 9/8/2015 6:4632 AM PT
I D: 77a2f18e-1 c90-4f6d-9f4f-Oc720b2e3e4e
John Knight
john.knight@cityofdenton.com
Deputy City Attorney
City of Denton
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Julia Klinck
julia. klinck@cityofdenton.com
Contracts Administration Supervisor
City of Denton
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Holder: Cindy Alonzo
Cynthia.Alonzo@cityofdenton.com
Completed
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CDocuSignetl by:
nsaoss Eao� s �r
Using IP Address: 204.139.85.158
CD 5"gnetl by:
ohn Knight
C821996C2A2B439...
Using IP Address: 129.120.6.150
Completed
Using IP Address: 129.120.6.150
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Status: Completed
Envelope Originator:
Cindy Alonzo
Cynthia.Alonzo@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Sent: 9/4/2015 12421 PM PT
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Signed: 9/1 6/201 5 9:5920 AM PT
George Campbell
george.campbell@cityofdenton.com
City Manager
City of Denton
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Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
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CDocuSignetl by:
Q���,Q C,��►
4884E925FOE6480...
Using IP Address: 129.120.6.150
o s�q�ea by:
C�5g�8w46�
Using IP Address: 129.120.6.150
Charleta Gilbreath �� pI E D
charleta.gilbreath@cityofdenton.com
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
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ID:
Julia Klinck
julia. klinck@cityofdenton.com
Contracts Administration Supervisor
City of Denton
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Electronic Record and Signature Disclosure:
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��PIED
Robin Fox �� pI E D
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Sent: 9/16/2015 9:59:24 AM PT
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Jennifer Bridges �� �I E� Sent: 9/17/2015 7:16:10 AM PT
jennifer. bridges@cityofdenton.com
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Electronic Record and Signature Disclosure:
Not Offered
ID:
Allison Carlwicz �� pI E �
Allison.Carlwicz@cityofdenton.com
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Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM
Parties agreed to: Dayne Berkner
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