2002-178ORDINANCE NO. ~,~0~:,~_/,"/~
AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS 1N PHASE 2 OF THE CITY
OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 2859- CONSTRUCTION OF LANDFILL
CELLS IN PHASE 2 AWARDED TO L.D. KEMP CONSTRUCTION IN THE AMOUNT OF
$878,497.50).
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. That 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
2859
CONTRACTOR
L.D. KempConstruction
AMOUNT
$878,497.50
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 pubhc 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 AND APPROVED this the
-- day of ~ ,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FOR~:
3~O5- BID 2859 Consf l~on o ~LLa~n~dfill Cells
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
and between City of Denton
and State of Texas, acting through
hereinafter termed "OWNER," and
of the County of
Michael A. Conduff
L D Kemp Excavating
5409 Denton Hwy
Fort Worth, TX 76148
18~ day of. June A.D.,2002, by
Denton
thereunto duly authorized so to do,
of the City of Fort Worth ., County of
termed "CONTRACTOR."
Tarrant
and State of Texas., hereinafter
WlTNESSETH: 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 2859 - Construction of Landfill Ceils in Phase 2
in the amo~t of $ 878,497.50 and all extra work in connection therewith, under the terms as
stated in tti~ 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 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:
Emcon/OWT Solid Waste Services
all of which ~re 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 ail 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.
ATTEST:
BY:
(SE~J~)
CONTRACTOR ' -
APPROVED AS TO FORM:
MAILING ADDRESS
.¢y-?o
PHONE NUMBER
TIT[
pRINTED NAME'
(SEA~)
CA- 3
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
·
1 Mobilization and Demobilization I LS $ ~'75'~/LS
2 Clearing and Grabbing 1 LS $
3 Environmental Controls, complete I LS $/~.~"~,.~S $
including all erosion controls,
establishment of protection of
monitoring probes, wells, and other
landfill appurtenances, seeding of
perimeter channel, and seeding of
access road sideslopes.
4 Landfill Excavation of all materials 103,000 CY $
to grade, complete including
staking, survey control, and
stockpiling of excavated soils.
Further information regarding types
I of materials typically to be
excavated is presented in '
Appendix D.
5 West side under-drain system 450 LF $ ~:~/.)/LF $
installation, complete including
staking, survey control; drainage ~
geocomposite, furnished end
installed (including anchor trench);
gravel filled trench Wrapped with
geotextile separator, 8-inch
diameter Perf. ADS N-12 Pipe,
drainage aggregate, and bedding
sand.
6 Compacted Clay Liner complete 550,000 SF $
including staking, survey control,
berm construction, tie-in
construction, and moisture/density
control,
7 Geomembrane liner, smooth, 465,150 SF
installed complete including
shipping and testing.
8 Geomembrane liner, textured, 84,850 SF $ , ~ /SF $ ~'~
installed complete including
shipping and testing.
NAPRO.~ECTS~DENTON~Spe~ 3B & 3OFina~bid-tabA 2,doc\713-Ol\jw:l
P-4
EMCON
10/30/01
· ' BID No
BID TABULATION SI-~ET
82,000 SF $ .ud~ /SF $'3~)~0'0~-
9 Double-Sided Drainage
Geocomposite, Installed ~omplete
including shipping and testing.
SF $ ,"~'~ /SF $
10
Single-Sided
Drainage
470,000
Geocomposite, installed complete
including testing and shipping·
11 Leachate Collection Trench 1 LS i $,~7~ $
complete, including 6-inch line,
aggregate, geotextile, and tie-in to
existing trenches.
-
12 =rotective Cover, installed 579,000 SE $ ,/.5 /SE ,
complete including staking, survey
control, and berms.
13 lO-foot.wide sacrificial Geotextile . 980 LF $ ~,~ D/LF $
installed complete.
14 Perimeter channel excavation, 870 LF $ ~,~ 0/LF $ Z~*7/~'~
compacted fill, and final grading
complete including survey COntrol.
15 Interim channel excavation, fill, and 950 LF $11,5'0 ILF $
final grading complete including
survey control and greding.
16 Pedmeteraccess road, complete 980 LF $ /~.~//LF $16. bll
including staking, testing,
excavation, fill, subgrade prep·;
compaction, and 12-inch-thick
gravel surface.
Bid Total Price (Base Bid):
.I
Price written in words:
\~'TWOFP 1 ~COMM OIq~PR OJECTS~DBNTON'~Specs 3B & 3C~P'mal~bid-t~bA 2.doc\?13-01\jw: 1
P-5
EMCON
10/29/01
· · "' ' ". BID No.
BID TABULATION SHEET
Alternate A: Add Slurry Wall Cap
Slurry Wall Cap, including
excavation along existing slurry
wall and furnishing and installing
reinforcing geotextile, and bedding
sand.
Note: Alternate A, Slurry Wall Cap
will only be used if the slurry wall is
exposed in the cell excavation.
9OO
ILF [ $ /LF
$
~womxco~o~Romcrsu)E~o~ 3B ~ 3c~i~-,~^ ~.~o~w]3-o~w:~ EMCON
P-6 10/29/01
BID SUMMARY
In the event of the awa/d of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to i~ure and guarantee the work until
final completion and acceptance, and to gua~ntee payment for all lawful claims for labor
peffonned and materials furnished in the fulfillment of the contract.
It is undersWod that the work proposed to be done shall be accepted, when fully completed and
finished in accordance with the plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final.
Unit and lump sum prices as shown for each item listed in this proposal, shs1! control over
extensions.
Seal & Authorization
(If a Corporation)
Telephone
B- 1 7/13/01
PROJECT CALENDAR BID
DAYS
1. Construction of Landfill Cells in Phase 2 120
(Items 1 Through 22)
Award of the bid will be based on the to{al. The projects are being separated for bookkeeping
purposes only.
B- 2 7/13/01
Tm'~q FORM MUST BE RE~ WFI'H YOUR BID.
CONTRACTOR COMPLIANCE TO TEXAS SAI~S TAX CODE
Comply with all requirements of the Texas Sales Tax Code.
certifies that the Contract Amount is divided as follows:
Materials incorporated into the Project
(resold to the Owner as defined in Tax Code)
All other charges and costs
Total
The total must equal the total amount of the Conlract.
The Contractor hereby
CONTRACTOPc
COMPANY_
Street Address
City and State
THI,q FORM SHAI L BE EXE~ AT THE, TIME OF EXECUTION OF THE,
CONTRACT AND ~qHALL BE MADE A PART OF ~ CONTRACT.
B -3
Bond 0MC-0010599
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That L D Kemp Excavating, Inc.,
whose address is 409 Denton Hwy, Fort Worth, TX 76148 hereinafter
called Principal, and ~ c,,~,~,,,~,,~ c~,,~r,, , a corporation organized and'
existing under the laws of the State of. Oklahoma , 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 stun of Eight Hundred & Seventy Eight Thousand, Four Hundred & Ninety Seven
DOLLARS and Fifty Cents ($ 878,497.50) plus 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 counected 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 2002-178, with the City of Denton,
the Owner, dated the 18m day of June A.D. 2002 ., a copy of which is hereto attached
and made a part hereof, for Bid 2859 - Construction of Landfill Cells in Phase 2.
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 fulfilI ali 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 ali
defects due to faulty materials and workmanship that appear within a period of one (1) year from
the date of final completion and final 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 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.
1N WITNESS WHEREOF, this instrument is executed in 4
shall be deemed an original, this the 25th day of June ., ~002
__copies, each one of which
ATTEST: .
PRINCIPAL
BY: ~xc ava~Q~
PRESIDENT
ATTEST:
BY:
SURETY
Mid Continent Casualty
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: Monroe & Monroe Insurance
STREETADDRESS: 2n,'. R'~ll~ng.q #110 Arlington, TX 76010
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
Bond # OMC-0010599
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That L D Kemp Excavating, Inc. , whose
address is 5409 Denton Hwy. Fort Worth, TX 76148 , hereinafter called
Principal, and Mid Continent Casualty ., a corporation organized and existing'
under the laws of the State of oki ahoma , and fully authorized to transact business in the
State of Texas, as Surety, axe 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 ail persons, firms, and corporations who may furnish materials for, or perfoim labor upon,
the building or improvements hereinafter referred to, in the penal sum of Eight Hundred &
Seventy Eight Thousand, Four Hundred & Ninety Seven DOLLARS and Fifty Cents
($ 878, 497.50) 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 2002- 178, with the City of
Denton, the Owner, dated the 18th day of June A.D. 2002 , a copy of which is hereto
attached and made a part hereof, for Bid 2859 - Construction of Landfill Ceils in Phase 2.
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 materiai 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 shail 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 Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in copies, each one of which
shall be deemed an original, this the .25th day of June ., 2002 ·
ATTEST: PRINCIPAL
PRESIDENT
BY:
SURETY
M±d Continent Casualty
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Demon County, Texas for delivery of notice and service of the
process is:
Monroe & Monroe Insurance
STREET ADDRESS: 204 Billings #110 Arlington, TX 76010
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB - 4
MID-CONTINENT,CASUALTY COMPANY
Tulsa, Oklahoma
Kngw all:M~n by these presents: That the MID-CON'IIN~ CASUALTY COMPS, .a:corporafion 0fthe State of Oklah0ma~ having !iS.
principal office/n the cit~ of Tulsa, Oklahoma; pursuant to the. following By-Law, which was adopted by the St0ckliolders of the Said Company
'on March 13th, 1947, to-wit: . .
"A~ele ~,.8~c~ion'7. :3- .Tha Executive OffiCers of the C0mpany vliall !~ve p~w~' an~i ai~ority .tqapp0int; fot purpose~ :o~y of:eX~csti~g
and a~esting b°nds and'uhd~is/md o. the~ writings obligatory in the nature therenf; 9n¢ more Resident Vice P.r~sident Resident'Assistant
Seeretaties and Aff0mey~in~Fant aid fit an,) tim~ to rea!ore any such Residani Vice Prasid~n{j Resident Assistant 8ecretary~ or Attomey-in:Fgct:
and zevoke ~te power and au~ofity.:giyan him.: None of}nmb aPPointees need I~ Direetgrs of the ~ompany;~:
'. )'he Cbm~pany. does he?eby,~ii~t~'and ai~point. Ba~bai~ Edefi,'Rfi0n~ta Hoopi~garner,· r~bd Monroe
and M. A: Monroe~ individual!y of ARlflNGTON, TX
its trna and lawful attomey(s):ifi-fact, to'i~xecUtc, seal nad delivor for and on its behalf as Surety, mid as its.act and deed, Any arid all.bonds and undertsldugs~gf Sui-etyship.
And:the e~e~u~ion.6f such~indmmnat(s).in ~ee of the~e p~eSents; shal~ be a~ ib~g upon the said IV~D~OKI'INE1
COMPANY,'as fitlly and alnply, to all.intan/s and purposes, aS if flie' same had been duly executed and aclmgwledged by its regularly elect_ed.
officers at its prmcipal'office in Tulsa, Oklahoma.
wrr ss c^su zYCOMp exenat and'eUchred
l~esents this 21 dayof :NoVember , 2001
SARA'ANDERSON "ASSISTAN~SECRETARY: T D VICE PRESIDENT
:on'this 21 day of November 2001 beforeme; a Notary Public 0fthe State ofOklahomh;in ahd
,,.'. f?; ~e County of. Tuls~ ca~ne:flte.'individ'fi~l,, t0.~e.~nall~ kfiowh/6'be th~ off~cer'deg~ibed i~/;:'and whb e~i~t~l the lffecedingiiistnffa~nt~
aid.~ ackno~vledgid the ~ut/pn of the sam~,'fiad ,be. lng.by me duly s~/om3 s~id thai he' is th~therein described nad:!anth~ 9ffleer
.'.' -MID'CONTINENT CASUALTY COMPANY: af0resald,.and that thi Seal affixed to the [~ereding instrument i$ thee Corp6rate of S/id Compahy,
~' and the said,corporate seal and his signatureas such officer were duly affixed to the said instrument by the authofity,m!_d d/feet/on of,the said
V;.S~ion 7, of the By-Laws Of. said Company~ referred to in the prec,§ ~Olt, is now in force
o set my &md m~d affixed my offi~i/l seal at tho City of Tuba; tho day and year first aboge written. .
My commission ~Xp~S' 1'1-114-04
I_:: FAY SCOT'r N0tszy,Public
?' '~, Assist~,t ~?~etm3/.0f?.MlD~o~ GASUf~LTY C0 ~M~.,ANY ~9 h~rel3y ~:that the'foregoing:
eXtracts of the Byr Laws and of a Resolgfion.0f th~ Board of l~hT~tor$ ~f ,~f.s c0rpgqifion; an~l 9f a power of Attom~ issued P/a'snan!.~here~o,
frae aid: ~orrect,.and that.both tl/e By-Laws,,the Resoinfion and tl/e Power of Attorney are still in:fiill force nad efl'&t: i:;' :.
·"[his ceflifie~ that an~, facsimile or m~ehanieally-pro~u~ed signat/~m of any'officer of the Company and Company seal, wherever appearing upoffa power of attorney issued
,'ay the Company, shall be,valid and bindiggvp6n th~ ~o3~pa~y.~ ~..~n~,e force and effect as though m~ually
:, IN wn2qESS WHEREOF, I have hereunto set, mY hand and.affixed the fucsnmle seal of,said ~Orporati~n
'.:..:: .... - · · x~~.: ,,, ~'~ ' .... ' :- · 2002
· .' =:; .... · · ..~.,{S//~ q4' '. :..: m~ 25th a~r aune .
· · ..... <" ~-x~.' · ~ ' d
· ' : . :. : -~- z ' - ' Assistantgeereta~
~, · C~3'~ '~-,,,, -.-~- SARA ANDERSON
.' ' '~','<.x:, .' "'~',",,'X'E" .' ::: ~ '
· ...... 5.; ,-,.' ........ ,.; .~ .-
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
projecL 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
shah 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:
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 claims-made form, Conttactor
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.
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:
IX] 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 CISO Form CG 0001 cun'ent 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 f~om 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.
IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500~000 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.
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the mirtimum 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).
[]
[1
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 Owners and Contractors 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 Contractors 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.
[1
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 Demon 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.
[1
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.
ATTACHMENT1
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 fi:om 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
famishes 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.
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 show'mg 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 reta'm 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 provid'mg
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 report'mg of classification codes and payroll
mounts 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 dew certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends'during the duration of the proj eot;
(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
,4.
Co)
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 govemmentai 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 filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commissioffs 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 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.
Q