2009-029ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF UNDERGROUND LINE LOCATION SERVICES FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (BID 4178-UNDERGROUND LINE LOCATION
AWARDED TO SM&P UTILITY RESOURCES, INC. IN THE ANNUAL ESTIMATED
AMOUNT OF $265,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
4178 SM&P Utility Resources, Inc. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2009.
MARK A-BLLRl3~~(HS~ MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 11
APPR( VED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
l/
BY:
3-ORD 78
BID # 4178 Exhibit A
DATE: 1/6/09
ANNUAL CONTRACT FOR
ITEM DESCRIPTION
VENDOR
SM&P UTILITY
RESOURCES
Principle Place of Business:
Carmel, IN
Total Charge per Digg
Tess Ticket during
1
normal business hours
$10.95
(Monday - Friday 8 till
5 pm)
Total Charge per Digg
Tess Ticket for
2
emergency or after
$13.69
normal business hours.
Project Rate (Locates
3
over 8 hours)
$45.00 /HR
$ per locates
Site Surveillance Fee
4
$ per hour
$45.00
ADDENDUM 9 1
YES
Master Agreement
For the
Underground Location and Marking Services
By and Between
Denton Municipal Electric
(Hereinafter called "DME")
And
SM&P Utility Resources, Inc.
(Hereinafter called "Contractor")
THIS AGREEMENT, made this the 3rd day of February A.D. 2009, by and between
SM&P Utility Resources, Inc. (hereinafter called the "CONTRACTOR") and The City of Denton and
DME.
WITNESSETH
The CONTRACTOR and DME, for an in consideration of their respective agreements contained
herein hereby agree as follows:
1. The CONTRACTOR, at his own expense, shall do all work and furnish all materials not
furnished by the DME, equipment, tools, labor, and traffic control personnel to complete in a good and
workmanlike manner the following:
Locating and Marking of Underground Electric Facilities (hereinafter sometimes called the
"Work"). The Work shall be done in accordance with this Contract and in accordance with the
following documents (all of which, including this Agreement, are hereinafter sometimes referred to as
the "Contract Documents"):
Instructions to Bidders, Specifications,
Request for Proposal Introduction,
Scope of Work for Underground Facility Locating and Marking Services
and
All other documents and drawings as attached to or referenced therein
for the Locating and Marking of Underground Electric Facilities, FY 2008-2009
In the event of a conflict between the documents, which together comprise the Contract Documents, the
one requiring the highest level of quality of work shall control. The Contract Documents represent the
entire Contract between the parties and supersede all prior representations, negotiations, and
agreements, whether written or oral. The Work performed by the CONTRACTOR shall be subject to
inspection by DME, and in the discretion of DME, a reasonable amount of monies requested by the
CONTRACTOR will be withheld for the percentage of the Work not complying with the Contract
Documents until defects are corrected. DME will provide 5 copies of all contract documents, and an
electronic copy or hard copy (to be determined with contractor before contract is signed) of the
underground electric facilities in the DME service area.
2. Unless otherwise expressly provided in the Contract Documents, the CONTRACTOR shall
begin Work for DME on , 2009, and continue the same with due diligence until
February 3, 2010. At which time DME may at its sole option utilize the one additional renewal year
discussed in 1.1 of the Request for Proposal.
3. CONTRACTOR and DME agree to notify each other of all damages to DME,s facilities within
twenty-four (24) hours, excluding weekends, as specified in paragraph four (4) of the Scope of Work.
CONTRACTOR and DME will take such steps to reconcile all damages as specified in said document.
4. Within thirty (30) days following the completion and acceptance of the Work (unless some other
time of payment is expressly provided in the Contract Documents), and as payment for the Work, DME
shall pay or cause to be paid to the CONTRACTOR the Contract Price of:
See Attached Schedule A
The contract Price being the total amount derived from the sum of the lump sum amounts for each
individual locate ticket, which DME has awarded to the CONTRACTOR (subject to any discount or
discounts expressly allowed by the terms of the Contract Documents).
5. Payment terms for this contract will be NET 30 DAYS from the date of receipt and acceptance
of the Application for Payment, no exceptions. CONTRACTOR shall notify DME Electric Operations
Line Supervisor upon completion of each month's tickets. No invoice shall be submitted for the month
until the month's work is complete. DME shall make random inspections of the work within five (5)
business days to determine if the requirements of the Contract Documents have been satisfactorily met.
The CONTRACTOR shall immediately remedy any part of the work, which does not meet the
requirements of the Contract. If the CONTRACTOR is unable to correct the problem, DME shall at its
discretion have the work completed to bring the work into compliance with the Contract. All costs
associated to bring the work into compliance with the Contract will be deducted from the Bid price
involved upon a satisfactory inspection by DME; the Contractor shall submit an invoice for the work
completed to City of Denton Accounts Payable, 215 E. McKinney, Denton, Texas 76201
6. The CONTRACTOR shall comply with all state, federal and local laws (including but not
limited to the Occupational Health and Safety Act) and all applicable codes and standards which govern
the Work. The CONTRACTOR shall specifically comply with OSHA 1910.269 concerning Locating
and Marking of Underground Lines. The CONTRACTOR shall have and maintain in force at all times
and upon request shall furnish to DME proof that it has all licenses that are required to do the Work. It
shall be the CONTRACTOR's responsibility to obtain city, county and state permits and schedule road
closures and other items necessary to complete the work. The CONTRACTOR shall have and maintain
in force at all times and upon request shall furnish to DME proof of a drug and alcohol-testing program
for all employees performing the Work under this Agreement and shall replace any such employee who
refuses testing or fails a test immediately at the CONTRACTOR's expense without impeding the
progress of the Work.
2
7. Neither CONTRACTOR nor any Subcontractor shall commence work under this Agreement
until the insurance described in the Contract Documents is in force and a certificate showing proof of
such insurance has been delivered to the City of Denton Purchasing Office, 901-B Texas St. Denton,
Texas 76209
Should the CONTRACTOR:
(a) Fail or refuse to begin or, once begun, to diligently proceed with the Work after receipt
of the Notice to Proceed; or
(b) Assign or sublet this Agreement or any part thereof without prior written consent of
DME; or
(c) Violate any provision of this Agreement.
Then, in any of such events, DME may immediately take one or more of the following actions: (I)
cancel this Agreement; (II) require the CONTRACTOR to discontinue the Work immediately; (III) sue
the CONTRACTOR for damages suffered by DME, including consequential damages, and (IV) seek
and obtain whatever equitable relief by way of injunction or specific performance that may be available.
Seeking any one or more of the above remedies will not be a waiver of any other remedy available to
DME. The CONTRACTOR shall pay the cost and expense of DME's enforcement of its rights
hereunder, including but not limited to reasonable attorney's fees and costs of Court.
9. The CONTRACTOR shall be solely responsible for and shall have control over the means,
methods, techniques, and procedures for doing the Work. The CONTRACTOR is an independent
contractor and neither CONTRACTOR nor any of its employees shall be deemed to be agents or
employees of DME. The CONTRACTOR agrees to maintain a professional workforce at all times.
The CONTRACTOR shall enforce good order and discipline among their employees and any other
persons performing the Work. CONTRACTOR employees performing the Work shall present a neat
appearance and shall treat DME employees and customers in a polite manner. The CONTRACTOR
shall not employ unfit persons or persons not skilled in the specific tasks of the Work. The
CONTRACTOR, at his expense, shall promptly and without delay replace employees or Subcontractors
who do not meet these minimum requirements without impeding the progress of the Work.
10. All vehicles to be used by the CONTRACTOR shall bear a Denton Municipal Electric Contractor
decal to be furnished by DME; decals will only be displayed while working for DME.
11. Contractor shall exercise extreme care and caution when using frequency equipment in and
around electric utilities.
12. Unless otherwise directed, Contractor shall comply with DME's standards of operations as they
apply to the locating of underground electric lines in effect as of the date work is performed. If any
DME directive conflicts with these standards, the directive shall prevail. If any DME directive conflicts
with this Contract, the Contract shall prevail.
3
13. Contractor hereby assumes entire responsibility and liability in and for any and all damage or
injury whether its employees or otherwise, and all property growing out of or resulting, from the
execution of the work provided for in this Contract or occurring in connection therewith. Contractor
agrees to defend, indemnify, and save harmless DME and/or the City of Denton, Texas, their agents,
officials, officers, servants, attorneys, employees and insurers from and against any and all losses and
expense, including court costs and attorney's fees, damages or injury growing out of or resulting from or
occurring in connection with the execution of the work herein provided for; provided, however, that
Contractor will not be held liable for loss of life or injury or damage to person or property due to the
sole negligence of DME, its agents, officers, servants, or employees. This provision shall survive the
termination or expiration of this Contract.
14. Contractor shall procure and maintain for the duration of the contract insurance coverage as set
forth in the Insurance Requirements marked Exhibit "B" attached hereto and incorporated herein by
reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the
required insurance coverage prior to the effective date of this Contract.
15. Prior to beginning work under this Contract, Contractor shall submit to City of Denton
certificates and, upon request, policies, evidencing the insurance coverage's required under this Contract
and showing City of Denton to be an additional insured under such coverage. The certificates of
insurance shall provide that the insurance coverage shall not be canceled or materially altered except
upon thirty (30) days written notice to City of Denton.
16. In the settlement or compromise by Contractor or its insurer of any claims arising out of
Contractor's performance under this Contract, Contractor shall obtain and provide to DME properly
executed written releases, in form satisfactory to DME, releasing DME from any and all liability..
17. THIS SECTION IS DELETED.
18. The CONTRACTOR is responsible for any and all tax liabilities, which may be imposed upon
the Work, or any materials used therein under the sales or use tax laws of the State of Texas. It shall be
the CONTRACTOR's responsibility to determine if taxes are due on the Work or materials installed
under this Agreement. The CONTRACTOR, solely on his behalf, shall apply to the Texas
Comptroller's Office for any applicable exemptions to sales and/or use taxes.
19. The CONTRACTOR has thoroughly examined and carefully studied the Scope of Work and the
Contract Documents and has identified any and all conflicts, errors, ambiguities, and discrepancies to
DME in writing and the written resolution thereof by DME is acceptable to the CONTRACTOR, and
the CONTRACTOR has determined that it can deliver the work for the Contract Price and within the
contract Time specified in the Contract Documents and this Agreement.
20. Contractor shall immediately notify DME of any irregular situations observed on DME's system,
including, without limitation, equipment or facility malfunctions, accidents, actual or potential safety
problems, incorrect maps or any other incorrect information provided to or observed by Contractor.
CONTRACTOR, its employees and agents understand that it has a duty to safeguard, protect and
4
prevent any public disclosure of materials that are provided to it by DME that are confidential and
proprietary. CONTRACTOR will know whether a material or a communication, or a map, or other
communication is confidential and/or proprietary by a marking on that particular document made by
DME. CONTRACTOR will take all necessary steps to safeguard the confidential and proprietary
information provided to it by DME. Such information is important to Homeland Security interests of
DME and is sensitive information. CONTRACTOR realizes that DME would not otherwise furnish such
confidential and proprietary information, to it, and is doing so solely because of this Contract. This
information is important to DME for it to maintain confidentiality under the Public Power Exception
under Texas law. CONTRACTOR agrees to notify DME promptly, within 24 hours, if it detects or
knows of any violation of this duty. CONTRACTOR shall use all commercially reasonable methods
possible to safeguard the confidential and proprietary information. If CONTRACTOR fails to do so,
DME may treat that failure as a default of this Contract, at its sole option.
21. This Agreement shall be binding upon and shall inure to the benefit of DME and the
CONTRACTOR and each of their respective heirs, successors, partners, and assigns. The
CONTRACTOR may not assign this Agreement or Subcontract any part of the Work without the prior
written consent of DME. No amendment, modification or interpretation of this Agreement by DME
shall be effective unless the same is in writing and signed by a duly authorized representative of DME.
22. The CONTRACTOR agrees that it is his financial responsibility to repair all damages to public
and private property, which result from the performance of the Work. Repairs to inhabited buildings
and structures will be performed within 24 hours of notification from DME or the property of DME.
The CONTRACTOR shall initiate repair of all other property damaged during the performance of the
Work within two working days from the time of notification of such damage and shall complete such
repairs within five working days. The CONTRACTOR shall resolve all customer-related complaints,
which are solely due to the inadequate or negligent performance of his Work within five working days.
If the CONTRACTOR fails to perform repairs in a timely manner as determined by DME; DME will
complete said repairs and subtract the cost of the repairs from the Contract Price.
23. This Contract shall be governed by and interpreted and enforced under the laws of the State of
Texas.
24. Any notice required to be provided hereunder shall be provided in writing, unless verbal
communication is expressly permitted or verbal communication is appropriate because of exigencies of
time, in which case such verbal communication shall be confirmed in writing at the earliest possible
time. All notices shall be delivered or mailed to the addresses set forth below or to such other address
as the parties may from time to time designate in writing:
IF TO DME: Denton Municipal Electric
ATTENTION: Operations Line Superintendent
Copy to: Operations Line Supervisor
Copy to: Division Manager
1701 C Spencer Rd.
Denton, Texas 76205
Hand Delivery: 1701 C Spencer Rd.
Denton, Texas 76205
5
IF TO CONTRACTOR:
25. This Contract constitutes the final, complete, and entire written agreement of the parties and
supersedes all previous communications, representations, agreements, promises, statements, proposals,
past practice and specifications, whether written or oral, by or between the parties. This Contract may
be amended only in writing and signed by each of the parties to this Contract.
26. No delay or failure of DME in exercising any right or power under this Contract shall operate as
a waiver of such right or power or prevent the future exercise of such right or power.
27. Nothing contained in this Contract shall be construed as creating rights in third parties, and the
parties hereby express their intent that this Contract is not intended to benefit in any manner third
parties.
28. Nothing contained in this Contract or in bond or in any certificate or policy of insurance or in
any provision of indemnity shall be construed to constitute a wavier by DME of any provision,
substantive or procedural, as amended, or of any other provision of federal, state, or local law affording
DME protection from or limitation of tort or other liability.
29. Neither Contractor nor its employees shall offer any gifts, trips, gratuities, or any other item of
substantive value to any employee of DME.
6
IN WITNESS WHEREOF, the parties have affixed their signature and seal, by their duly
authorized officials and officers, on the day of a , 2009.
"CONTRACTOR"
SM&P Utility Resources, Inc.
13085 Hamilton Crossing Blvd.
Carmel, IN 46032
By: C-,-
ATTEST:
By: ~
APPROVED AS TO LEGAL FORM:
By:
"DME"
CITY OF DENTON, TEXAS
A Municipal Corporation
By: 4
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
AP 9 VED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
7
CITY OF DENTON
ANNUAL CONTRACT FOR UNDERGROUND LINE LOCATION SERVICE
SCHEDULE A
SCHEDULE OF FEES AND CHARGES
{,z .=tick
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Total Charge per Digg Tess Ticket
during normal business hours (Monday
957
through Friday 8:00 a.m. to 5-00 p.m.)
2
Total Charge per Digg Tess Ticket
69
$
for emergency or after normal
business hours
3
Project. Rate (Locates over 8 hours)
eo !--o,,
$ S per lesate
4
Site Surveillance Fee
$ per hour
Per ticket charges will apply for each ticket transmitted to CONTRACTOR by Digg Tess on
behalf of CITY OF DENTON, which can be completed by CONTRACTOR in eight (8) hours or less
of time spent at the locate site. The per ticket charge shall also apply to the first eight (8) hours
worked on a project Thereafter, the project rate shall apply.
The Project rate shall apply for any ticket which requires more than eight (8) hours at the
locate site to complete. Project charges begin only after the eighth (8th) hour has been worked.
Project charges will be billed for each % hour increment, or portion thereof, only after eight (8)
hours of locate time have been spent CITY OF DENTON's approval is required prior to the
accumulation of project time.
The Site Surveillance rate shall only be charged when CITY OF DENTON requests a locator
to remain present at an excavation site to monitor the excavator and protect facilities within the
area. This scope of work does not include time spent locating and marking facilities.
The indicated rates include all the labor, equipment, and materials necessary to provide
location and marking services except for the maps and records which will be provided by CITY OF
DENTON the indicated rates include expenses related to a local office within CITY OF DENTON's
service territory, which is mandatory during this Agreement Any reproduction of maps and records
due to damage or misplacement may be charged to CONTRACTOR at CITY OF DENTOWs costs.
The indicated rates include receiving transmittals directly from Digg Tess. The indicated rates
include the costs to produce a summary report of all previous day locate requests. The summary
report will contain information specified by CITY OF DENTON Compliance with this provision will
be achieved by making this report available to CITY OF DENTON by 8:00 a.m. each workday. The
report will be e-mailed to addresses specified by CITY OF DENTON the indicated rates should
include incident investigations and all related written reports.
PAGE 1 OF BID #4178
CITY OF DENTON
ANNUAL CONTRACT FOR UNDERGROUND LINE LOCATION SERVICE
The undersigned agrees this bid becomes the property of the City of Denton after the official
opening.
The undersigned affirms he has familiarized himself with the local conditions underwhich the work
is to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters that may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be one hundred twenty (120)
calendar days unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract,. that this bid has
not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and
that the contents of this bid have not been communicated to any other bidder or to any employee
of the City of Denton prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seg., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code,
Section 15.01, et seq.
The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.
NAME AND ADDRESS OF COMPANY: AUTHORIZED RE RESENTATIVE:
S ov AceS ±i C. Signature
Date 2 0 4
Name
Tide ow',-,csl
Fax No. 0708
Email. ® vsIernc. eom
Tel. No. ~/oZ . ~1fS. ~ZZ7
COMPANY IS:
Business included in a Corporate Income Tax Return? YES X NO
Corporation organized & existing under the laws of the State of
Partnership consisting of
Individual trading as
Principal offices are in the city of
PAGE 2 OF BID #4178 Bidder's Initials
EXHIBIT B
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 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 Contractorshall
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 A.M. Best Company rating of at least A.
• 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.
8
• 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 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 or materially changed 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.
9
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
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.
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 $300,000 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.
10
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such
insurance, has Employer's Liability limits of at least $100,000 for each 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.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of
not less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $ 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.
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[ J 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
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-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 entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning 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 entities performing all or part of the services the 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 entity 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 include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
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.
C. The Contractor must provide a certificate 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 with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
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1. a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services 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 period 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 in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed 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 verify coverage and report lack of coverage.
The contractor shall contractually require each person with whom it 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, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing 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 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 new certificate
of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the end
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of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6. notify the governmental entity in 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 providing services on
the project, and
7. contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project 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 filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject
the contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
K. The contractor's failure 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.
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CITY OF DENTON
ANNUAL CONTRACT FOR UNDERGROUND LINE LOCATION SERVICE
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person who has a business relationship as defined by Section 176.001(1-a) with a local governmental
entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity
not later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
I I Name of person who has a business relationship with local governmental entity.
2
F] Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'" business day after
the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income
other than investment income
from the
,
,
filer of the questionnaire?
0 Y
0 N
es
o
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
Q Yes = No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
0 Y
= N
es
o
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted 06/292807
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