2008-084FILE REFERENCE FORM 2008-084
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Change Order Number One -Ordinance No. 2008-185 08/19/08 J R
ORDINANCE NO. DOS-' ~~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE RECONSTRUCTION OF WEST OAK STREET; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3994-WEST OAK STREET RECONSTRUCTION AWARDED TO THE LOWEST
RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC COMPANY, IN THE
AMOUNT OF $729,865.75).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3994 Jagoe-Public Company $729,865.75
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
t
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~J`~-~ day of ~ ,2008.
V~ ~ .I~i~
PE R. McNEILL, MAYOR
ATTEST:
.IENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BYi/~~~~ L/~ ~E~
3-ORD 4
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15th day of April A.D., 2008, by
and between City of Denton of the County of Denton and State of Texas, acting through
George C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Jagoe-Public Company
Denton. TX 76202
of the City of Denton, County of Denton 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 3994- West Oak Street Reconstruction
in the amount of $729,865.75 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 and the Performance and Payment Bonds,
attached hereto, and in accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local,
state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
Teague Nall and Perkins
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the 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.
Indemnification
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether .or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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
Speciaf Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this contract, such payments to be subject to the General and
Special Conditions of the Contract.
CA-2
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five yeazs 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 aze completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the
CONTRACTOR 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 CONTRACTOR
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 thereof 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 prepaze a final printed document.
CA-3
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATTEST:
~. Q~
City of Denton
OWNc R~
BY: /~ / > ~_
(A ~~, fit ,ev
(SEAL)
ATTEST:
NTRACTOR
DENTON. TX 76202
MAILING ADDRESS
VD 38Z 7_SS
PHONE NUMBER
APPROVED AS TO FORM:
Y ATTORNEY l ~ ~
quo 3F~2 ~173Z
UMBER
P.
BY:
TITLE
~~ll C~2~-~v.
PRINTED NAME
(SEAL)
CA-4
PERFORMANCE BOND
Bond No. 4367053
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That JaQOe-Public Company /whose
address is PO Box 250 Benton, TX 76202 hereinafter called Principal, and
SureTec Insurance Company,/ a corporation organized and existing under the
laws of the State of Texas ,and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, in the
penal sum of Seven Hundred. Twenty Nine Thousand Eight Hundred Sixty Five and- 75/100/
DOLLARS ($729,865.75~~us ten percent of the stated penal sum as an additional sum of
money representing additional court expenses, attorneys' fees, and liquidated damages arising out
of or connected with the below identified Contract, in lawful money of the United States, to be
paid in Denton County, Texas, for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents. This Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement, which increases the Contract price, but in no
event shall a Change Order or Supplemental Agreement, which reduces the Contract price,
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2008-084, with the City of
Denton, the Owner, dated the 15th day of April A.D. 2008, a copy of which is hereto attached
and made a part hereof, for Bid 3994- West Oak Street Reconstruction.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice to
the Surety, and during the life of any guaranty or warranty required under this Contract, and shall
also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; and, if the Principal
shall repair and/or replace all defects due to faulty materials and workmanship that appear within
a period of two (2) years from the date of final completion and fmal acceptance of the Work by
the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs
and damages which Owner may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Owner all outlay and expense which the Owner may incur in making good
any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full
force and effect.
PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the teens of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article
7.19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instnunent is executed in four copjes, each one of which
shall be deemed an original, this the ISth day of April 2008 `~
ATTEST:
PRINCIPAL
~~ Jagoe-Public Company ~ /
SECRETARY B1~rY:
V (G~ PRESIDENT
ATTEST:
SURETY
' ~ SureTec Insurance Company
BY:
Cindy Fowles, Witness BY;- -
ATTO -IN-F~~ . ~ - - ~ - -
Connie Sean Kregel ~~ `--
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and seil-see of~~ ;'~
the process is:
Jeffrey Todd McIntosh
NAME: Allied North America Insurance Brokerage of Texas, LLC
STREET ADDRESS: 12770 Coit Rd Ste 7 0 Dallac TX 75757
(NOTE: Date of Performance Bond must be date of Contract. IjResident Agent is not a corporation,
give a person's name.)
PB-2
lU~\0~
ti ~.
PAYMENT BOND
STATE OF TEXAS § Bond No. 4367053 _
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Ja~oe-Public Company ~ ,
whose address is PO Box 250 Denton, TX 76202, hereinafter called Principal, and
SureTec Insurance Company / , a corporation organized and existing under the laws
of the State of Texas ,and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto
all persons, firms, and corporations who may furnish materials for, or perform labor upon, the
building or improvements hereinafter referred to, in the penal sum of Seven Hundred Twenty
Nine Thousand Eight Hundred Sixty Five and 75/100,DOLLARS ($729,865.75) in lawful money
of the United States, to be paid in Denton, County, Texas, for the payment of which sum well
and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement which increases the
Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces
the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2008-084. ,with the City of
Denton, the Owner, dated the 15 day of Anril A.D. 2008 a copy of which
is hereto attached and made a part hereof, for Bid 3994-West Oak Street Reconstruction.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract and
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modifications to the Surety being hereby expressly waived, then this obligation shall be
void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
etc.
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such surety, as provided by Article 7.19-1
of the Insurarice Code, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which
shall be deemed an original, this the 15th day of April 2008/
ATTEST:
BY: lam.
SECRETARY
ATTEST:
BY:
in y Fowler, Witness
PRINCIPAL
,Tager-Pnh l i r -f~nm~an ~~
BY: ~ ~!~t~2e~
V~c~ PRESIDENT
SURETY
SureTec Tnsuranca ('nmi an~~
1~
BY: ~ ,l A ,n~Qld/~~Q ~
~t
ATTORNE -IN-FAC~
Connie Jean Kregel ~ ~' -
"The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of ; .
the process is:
Jeffrey Todd McIntosh
NAME: nll' d Nn rh America Insurance Brokerage of Texas, LLC
STREET ADDRESS: 12770 Coit Rd., Ste. 750, Dallas, T% 75251
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB-4
~~`6b
roA a: 4221003
Sure'I'ec Insurance Company
LTMTTED POWER OF ATTORNEY
Kemv Af[ Afee by These Preserrfs, Tha[ SURETEC INSURANCE COMPANY re "Company"), a corporation duly organized and
existing under the laws of the Stale of Texas, and having its principal office in Iloustoq Harris County, Texas, does by these presents
make, constitute and appoint ~~
L. Ray Pitts, Jr., Beverly M. Trimble, Richard M. Ahbolt, Connie Jean Kregel;?effrey Todd McIntosh, Cynthia Watson Fowler
of Dallas, Texas its rote and lawfid Attorney(s)-in-fact, with fidl power and authority hereby confened in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty doffs not exceed
five Million sort no/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and co~~~~mg all [ha[ the said Attorney(s)-in-Pact may do in [he
premises. Said appointment shall continue in force until 12/31/09/ and is made ender and by authority of the following
resolutions of the Board of Directors of the SureTec insurance Company:
Re it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Ntomey(s)-in-Fact to represent and ac[ for and on
behalf of the Company subject to the following provisions:
Attorney-in-Feet may he given full power and authority (or and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documenis canceling or terminating the Company's liability thereunder, and any such instmments so execued by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Re it Resolved, that the siymature of any authorized officer and scat of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate hearing facsimile si6mature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopter! at a nreering held nn 2d° of Aprif,
/999)
In IVihress Wbereof, SURETEC INSURANCE. COMPANY has caused these presents to he signed by its President, and its corporate seal
to be hereto affixed this 201h day of June, A.P. 2005.
dPAN IRETEC INS[i ~ CF, COMPANY
n
s ~s
w~, , x ~ poZ By.
w~w~;al Bill King, re t nt
State of Texas ss: 7~•.,'",l ~J ,ttY
,...Y*p
County of Barris ~ ~ ^'
On this 20th day of June, A.D. 2005 before me personally came Dill King, to me known, who, being by me duly sworn; did depose and say, that he
resides in Flous[on, Texas, that he is President of S[P2ETF.C INSURANCE COMPANY, the company described in and which executed the shove
instrument; That he knows the seal of said Company; that the seal affixed to said instmmcnt is such corporate seal; that it was so affixed by order of the
board of Directors of said Company; and that he signed his name thereto by like order.
Michelle Denny
SIOIBOITexOt Ut'L[/in.C/ ~r"rr"n
9~ MyCOtnmis51o0ExpheS Michelle Denny, Notary Pub m
`~ August 27, 2008 My commission expires August 27, 2008
I, M. Drent Deaty, Assistant Secretary of SURGTEC INSURANCE. COMPANY, do hereby certify that the above and foregoing is a tine and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthernmre, the resolutions of the Board of Directors, set
out in the Power of Anomey are in full force and effect
Given tinder my hand and the seal of said Company a[ TJouston, Texas this' ~ ~"~- day of ~ ~` ~ ~ , 20 ~LS , A.D. /
/ ////
. ~ M. i3rent Beaty, Assistant Sc re ry
Any instrument Issued In excess of the penalty staled~a%iove is totally void and without any validity.
For verification of the authority of this power you ma; call (7i J) 81:: OOr!0 any business day between 8:00 am and 5:00 pm CST
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Ste. 320
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#:512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof,
nor the consequences of their occurrence, existence, or appearance.
Triple Rider with Mold Excl.doc rev. 11_03
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 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 speciftcations, 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 declazed 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 guazanteeing 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.
CI-9
• 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: The 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 aclaims-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 occunences 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.
CI - 10
i,
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
A[1 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 Insurauce:
General Liability insurance with combined single limits of not less than
$1,000,00O.OOshall 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 fomt (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.
[XJ 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.
[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.
[ ] 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.
CI - 13
ATTACHMENTI
[XJ 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 govermnental 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:
CI - 14
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 afer 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.
I. 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) certificate of coverage, prior to the other person beginning work on the project;
and
b) anew certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
CI - 15
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
pazagraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they aze 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 tamer 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 goverrunental entity.
CI-16
ONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental entit
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 doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government 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 violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
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 fling 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 defned by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO 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?
Y
~ 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?
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
aaop~aa o-v2snom
ACORD
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
,M 4 18 2008
PRODUCER phone: 9'12-955-1400 Fax: 972-38T-8837 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Allied North America Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Brokerage of Texas, LLC HOLDER. THIS CERTIFICATE DOES NO7 AMEND, EXTEND OR
12770 C
it R
d
S
it
750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
o
oa
,
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e
Dallas TX 75251
INSURERS AFFORDING COVERAGE NAIC#
INSURED ~ INSURER q:Travelers Llo ds of TX Insuran 1564
Jagoe-Public Company
Hi
k
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C
l
C ~ INSURERe:phoenix Insurance Com an 5623
c
ory
ree
au
ers, LL \
3020 Fort Worth ~n
S INSURERc
Everest Indemnity Insurance C
10851
Denton TX 76201 / INSURER D:Charter Oak Fire Insurance Co 5615
INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OA CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE NAY BE ISSUED OR NAY PERTAIN, THE INSURANCE AFFORDED HY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN NAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DO'
POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATION
LT OA M T MM LIMITS
A GENERAL LIABILITY C0492D37190 1Q~1~2QQ7 1Q~1~2QQ$ EACH OCCURRENCE $ 1 QQQ QQQ
~
X COMMERCIAL GENERAL LIABILITY DAMAG T N E
PREMISES Ea occurence ~
$3QQ QQQ
CLAIMS MADE a OCCUR MED EXP(Any one person) $ 5 OQQ
' PERSONAL SADV INJURY $ 1 QQQ QQQ
GENERALAGGREGATE $2 QQQ QQQ
GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPIOP AGG $ 2 OOO OOO
POLICY X PRO LOC
$ AUT OMOBILE LIABILITY / BA492D3730707~ 1Q~1~2QQ7 1Q~1~2QQ$
/ COMBINED SINGLE LIMIT
(Ea accident(
$ 1 , QQQ
Q Q Q
X ANV AUTO L ,
ALL OWNEDAUTOS
BODILY INJURY
$
BCHEOULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
PR
OPERTY DAMAGE $
(Per accitlenq
GARAGE LIABILITY AUTOONLY-EA ACCIDENT $
ANV AUTO EA ACC
OTHER THAN $
AUTO ONLY: qGG $
(.' X EXCESS/UMBRELLA LIABILITY 71000QQQQ6Q71 1Q~1~2QQ7 1Q~1~2QQ8 EACH OCCURRENCE $ 8 QQQ QQQ
X OCCUR ~ CLAIMS MADE AGGREGATE $ 8 p Q ~~ Q Q Q
DEDUCTIBLE g
RETENTION $ g
D WORKERS COMPENSATION AND
' UP492D373207 10/1/2007 10/1/2008 or:vT'IAMI~ E_R
EMPLOYERS
LIABILITY
ANV PROPRIETOR/PARTNERIEXECUTIVE
EL EACH ACCIDENT
$ 1 QQQ QQQ
OFFICER/MEMBER EXCLUDED?
EL DISEASE-EA EMPLOYEE
$1 QQQ QQQ^
If yes, tlescribe under
SPECIAL PROVISIONS below
E.L. DISEASE-POLICY LIMIT
$ 1 QQQ QQQ
OTHER
DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BV ENDORSEMENT/ SPECIAL PROVISIONS
e: west Oak Street Reconstruction/
ertif irate Holder and its Officials, Agents Employees & Volunteers are recognized as Add't' al Insured on a primary,
oncontrr utory basis under all policies certified above except workers' Compensation, which inclu es a Waiver of
'
ubr n
n favor of same, as required by written contract signed by the N d
g Tn;>>r=a.L-Such policies shall not be
~
ancelled, nonrenewed or materially changed without 30 days advance written notice being given to the certificate
older, except when the_pErl icy is being cancelled for nonpayment of premium, in which case 10 days advance written
of ice is required.
City of Denton
901B Texas Street
Denton TX 76209
ACORD 25
I IVIV
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL NAIL 301BA'f5'V7RITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT,
AUTHORIZED REPRESENTATIVE
TION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affrmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25