2002-401O= CE NO. YO0 -4/O/
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE MIDDLE PECAN INFLOW AND
INFILTRATION REHABILITATION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BD 2906-MIDDLE PECAN
INFLOW AND INFILTRATION AWARDED TO TEXAS ELECTRIC UTILITY
CONSTRUCTION, INC. IN THE AMOUNT OF $1,481,770.96).
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
2906
CONTRACTOR
Texas ElecfficUtilityConstru~ion, Inc.
AMOUNT
$1,481,770.96
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
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. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements 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. That 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 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. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED ANDAPPROVEDthisthe /~ day of ~~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~~ORNEY
BY: ~ U
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 10th day of ~
A.D., 2002, by and between
City. of Denton
of the County of Denton and State of Texas, acting through Michael A. Conduff
thereunto duly authorized so to do, hereinafter termed "OWNER," and
· Texas Electric lltility Construction: Inc.
of the City of Sherman
County of Grayson
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 th~ work specified below:
Bid 2906 - Middle Pecan Creek Inflow and Infiltration Rehabilitation
in the amount of $1:481:770.96 and all extra work in connection
therewith, under the terms as stated in the General Conditions of the agreement; and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the work specified above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General Conditions of the Agreement,
the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
Texas Electric Utility Construction: Inc.
all of which are made a part hereof and collectively evidence and constitute the entire contract.
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 shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claim.q and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written.
APPROVED AS TO FORM:
O City of Denton
(SEAL)
T ,oc/2'
MAILING ADD.SS
PHONE ~BER
F~ NUMBER
TITLE
STARE OF TEXAS §
CdUNTY OF DENTON §
PERFORMANCE BOND
Bond No. 6193487
KNOW ALL MEN BY THESE PRESENTS: That Texas Electric Utility.
Contmc, tioxh_Jac~_whose address is 4613 Highway !417 North: Sherman: TX 75092
herebuafter called Prmclpal~ and Safeco Insurance Company of Amertca ,
a corporation organized and existing under the laws of the State of Washington , 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 One Million, Four Hundred
F_ggh:? One Thonsand, Seven Hundred Seventy. Dollars~ Nine .ty Six Cents DOLLARS
($~ :48l ~770.96) plus ten percent of the stated penal sum as an additional sum of money
rep.resenting additional court expenses, attorneys' fees, and liquidated damages arising out of
or ,?onnected 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
hexeby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, f'mnly by these presents, This Bond shall automatically be increased by the
anaount of any Change Order or Supplemental Agreement which increases the Contract price,
b,;t in no event shall a Change Order or Supplemental Agreement which reduces the Contract
~rice decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAIVlE is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2002-401
with the City of Denton, the Owner, dated the 10th day of December
A.D. ~, a copy of which is hereto attached and made a part hereof, for
Bid 2906 - Middle Pecan Creek Inflow and Infiltration Rehabilitation .
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 ail 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 one (1) year from the date of final completion and fmai acceptance of
the Work by the Owner; and, if the Principal shall fully indenmify and sfive 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 shail 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 terms 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, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in .
which shall be deemed an original, this the
ATTEST:
4 copies, each one of
10th day of December, 2002.
PRINCIPAL
BY: : .~ ,,'
PRESIDENT
ATTEST: SURETY
Attorney-in-Fact
Safeco Insurance Company of America
ATTORNEY-IN-FACT [
Krista M. Stromberg, Attorney-in-Fact ~
The Resident X37gX~t of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Sa£eco Insurance Company of America
STREET ADDRESS: 16oo N. Collins Blvd., Richardson, TX 75080
(NOTE: Date of Performance Bond must be date of Contract.
corporation, give a person's name.)
PB - 2
If Resident Agent is not a
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
Bond No. 6193487
KNOW ALL MEN BY THESE PRESENTS: That Texas' Electric Construction: loc,
whose address is 4613 Highway 1417 North, Sherman, TX 75092, hereinafter called
PfinciPal, and safeco Insurance company of America , a corporation organized and
existing under the laws of the State of Washington , 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
One Million, Four Hundred Eighty One Thousand: Seven Hundred Seventy and 96/100
DOLLARS ($ 1:481:770.96) 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 ~
with the City of Denton, the Owner, dated the 10th day of D_eaemb_~ A.D. 2002, a
copy of which is hereto attached and made a part hereof, for Bid 2906 Texas Electric Utility
Construction, Inc.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, fu'ms, 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 flied 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 Plan.q, 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.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as nmended, 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 instrument is executed in 4 copies, each one of
which shall be deemed an original, this the 10th day of December, 2002.
ATTEST:
ATTEST:
Tev~Lor, (A~orney-in-Fact
PRINCIPAL
· e×as Ele~ctr~e ukilit¥ Construction,
PRESIDENT
SURETY
Safeco Insurance Company of America
Krista M. Stromberg, Attorney-in-Fact
The Resident/kg~l~of the Surety in Denton County, Texas for delivery of notice and service
of the process is:
NAME: Safeco Insurance Company of America
STREET ADDRESS: ~600 N. Collins Blvd., Richardson~ TX 75083
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PB - 4
$ A F E C O' POWER SAFECOInstJranceCompally
PO BOX 34526
OF ATTORNEY Seattle. WA 98124-1526
No. 347
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
**PATRICK D, DINEEN; HEIDI BOCKUS; KRISTA M. STROMBERG; KATHIE L. WIEGERS; TEVY LOR; THOMAS J. JOCHUMS; JAY A. MILEY; SUZANNE HOLDEN;
APRIL L. CI-LMvIPAGNE; Seaale, *--************************************************************************************************************************
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 5th
R.A. PIERSON, SECRETARY
day of November , 2001
MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice president appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authorffy to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
ins[rument making or evidencing such appainlment, the signatures may be affixed by facsimile. On any instrument conferring such authotity or on any bend or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secrela~y or an assistant secretary of the Company setting out, ti) The provisions of Articte V, Section 13 of the By-Laws, and
(ii) A copy of the power-of.-attomey appaintment, executed pursuant thereto, and
(iii) CertEying that said pawer-of-attoreey appointment is in full force and effect,
the signature of the certifying officer may ha by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that beth the By-Laws, the Resolution and the power of Attorney are still in full rome and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 10th day of December 2002
R.A. PIERSON, SECRETARY
S-09741SAEF 2,'01 ® A registered trademark of SAFECO Corporation
~' SAFECO'
State of Texas Surety Bond Claim Notice
In accordance with Section 2253.021(0 of the Texas Government Code and
Section 53.202(6) of the Texas Property Code, any notice of claim to the named
surety under this bond(s) should be sent to:
SAFECO Surety
Adams Building
4634 154th PL NE
Redmond, WA 98052
Mailing Address:
SAFECO Surety
PO Box 34526
Seattle, WA 98124
Phone: (425) 376-6535
Fax: (425) 376-6533
www. SAFECO.com
S~ ! 28/SAEF 8/01 ® A regislered trademark of SAFECO Corporation
Ali-Purpose
Certificate of Acknowled~lment
State of Washington
County of King
On
December 10, 2002
DATE
personally appeared
[] personally known to me - OR
before me,
Suzanne E. Holden
NAME OF NOTARY PUBLIC
Krista M. Stromberg and Tevy Lor
NAME(S) OF SIGNER(S)
[] proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/ars subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(les), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
Though the data below is not required by law, it may prove valuable to persons relying on the document and
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[] Individual(s)
[] Corporate Officer:
[] Title(s)
[] Partner(s)
[] Attorney-in-Fact
[] Trustee(s)
[] Subscribing Witness
[] Guardian/Conservator
[] Other:
DESCRIPTION OF ATTACHED DOCUMENT(S)
Type of Document
Performance & Payment Bond
Number of Pages
Four (4)
Date of Document
December 10, 2002
Signer(s) Other Than Named Above
Texas Electric Utility Construction, Inc.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
Safeco Insurance Company of America
Document2
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 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.
· Liability policies shall be endorsed to provide the following:
oo 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.
· All policies shall be endorsed to READ:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
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.
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
$500,000 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.
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.
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.
[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, $I00,000 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 role 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 trines 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.
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.
ATTACHMENT 1
Ix]
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.
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.
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.
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(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.
The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
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.
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, ff 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
a new 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;
(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.
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 fried 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.
The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entities 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.
S EA.,O0060334.q-t 0
Atln: Andra Stubbo (206) 613-24t5) COMPANIES AFFORDING GOVERAGE
!83219-C-AW-TXEUC-03-04 MHD A TRAVELERS INDEMNITY CO. OF ILLINOIS
INFRASTRUX GROUP, INC. B TRAVELERS INDEMNITY CO OF CT
TEXA~ ELECTRIC UTILITY CONSTRUCTION, LTD.
4613 HWY. '1417 N. COMP .IINY
P.O. BOX 22t 1 O TRAVELERS INDEMNITY CO
SHERMAN, TX 75091
D
Lm DATE (MMIOD/~) DATE (IOMIDDI~Y)
A ~.ERAL U~K. rW RTR JCO-2'dg4A06.1 )1/01/03 rltlOt104 GENERAL ~GGREGATE $ 5,000,000
MEO ;~ (.~y me per~t $ 10,000_
C ~' A~Y ALJTO RTRJ-CAP2394A04-8 31/01/03 0t/0t/04
~-- N(~N-OWNED AuToa
G~R'I~E LI'MIILIT( .~JTO ONLY. E A ACC~OENT $
C WORKERS COaPEKSaTiaa
STOP GAP INCLUDE[: ;L EACH ACC~ DENT ___ 1~ 1,000,000
S OTHER ~TRE-CAP-2394A05-A n1/01/03 0t/0~I04
C Auto Physical Damage ;TRJ-CAP2394A04-8 Dll01/03 0t/01104 Comp - $5(X}/$t~000 Xtra Heovy
DE$CR~TIQH OF mERATIOH~LOCA'I'IOHS/1/EKICLE~/~pE~IN. I~'EMS
THE CITY OF DENTON ITS OFFICIALS AGENTS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS AS REQUIRED BY
VVR TTEN CONTRACT, AS REGARDS B D 2906 - M DOLE PECAN CREEK NFLOWAND NF LTRAT ON REHAS L TAT ON. WA VER OF
PURCHASING DEPAR'IMENT