2002-242ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE SPENCER SWITCH STATION
STRUCTURE AND EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2868-SPENCER SWITCH
STRUCTURE AND EQUIPMENT AWARDED TO ERNEST P. BREAUX, INC. IN AN
AMOUNT NOT TO EXCEED $134,000).
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
2868
CONTRACTOR
Ernest P. Breaux, Inc.
AMOUNT
$134,000
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 famishing 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 AND APPROVED this the
day of ~f ,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~~I~Y ATTORNEY
BY: ~
3-ORD- BID 2868 ~ ~EQUIPMENT
A~tachmen~ 1
Spencer Switch Station Steel Structure and Equipment Instollatio:n
Bid N~mher
Bidder~ ~> Red Simpsoa E.P. Bzeaax Ten3~s
'~ ~on ~d ~md!~ $72,~0.00 $28,000.00
~t ~ 114,~0.00 S3g,000.00 No bid~
B~wot ~fion $29,200.00 $~,~0.00
~d Bid ~ $136,400.00 S134,000.00
~ to ~Q~ No No
~ ~ Meet ~e for ~mC Y~
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6th day of 'August
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
Ernest P. Breaux Electrical
P.O. Box 11640
New Iberia, LA 70562-1640
of the City of New Iberia, Louisiana , County of Iberia Parish and State of Texas ,
hereinafter termed "CONTRACTOR."
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 2868 - Spencer Switch Structure and Equipment Installation Specification
in the amount of $134,000.00 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, toels, 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:
City of Denton
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 enfomement 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.
ATTEST:
/
APPROVED AS TO FORM:
Ci~, of Denton
.O
(SEAL)
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
TITLE
PRINTED NAME
(SE L)
CA- 3
BID PROPOSAL
To:
City of Dent0n, Texas
Purchasing Department
901-B Texas S~reet
Denton, Texas 76209
For Bid Number: 2868
Project Title: Spencer Switch Structure
and Equipment Instnllntion Specification
From: Company Name: ERNEST P. BREAUX ELECTRICAL, INC.
Mailing Address: P.O. BOX 11640
City, Sta~e, Zip: NEW IBERIA. LA 70562-1640
Telephone: 337-364-8183
Fax: 337-364-8231
We offer the bid price stated on the following page in accordance with the specification
for the above referenced project with materials to be delivered and work to be completed
on the Spencer Utility Site in Denton, Texas.
In subraitting the attached bids, ERNEST P. BREAUX ELECTRICAL, INC. (company
name) agrees that acceptance of any or all items by the City of Denton, Texas within 60
days constitutes a contract. The complete bid proposal must be properly priced, signed,
· and returned.
Bidder: ERNEST P. BREAUX ELECTRICAL, INC.
(,~ JOHN P. 'BYROIq, JR.
Title: VICE-PRESIDENT
Date: JULY 10, 2002
Pag~ 1 of 2
BID PROPOSAL
Spencer Switch Structure and Equipment Installation
City of Denton
Bid Number: 2868
Supplier: ERNEST P. BREAUX ELECTRICAL. INC.
Did Summary:
Item Price
Structure Installation and Groundin~ 28,000.00
Equipment Installation 38 ~ 000.00
Buswork hL~t~llmtion 24,000.00
Termination of Lines 51 ~ 000.00
Totalbidpficeinwords: ONE HLrNDRED THIRTY FOUR THOUSAND AND NO CENTS Dollars
Conslmction can be completed between October 1, 2002 and Novemb~ 22, 20027 X Yes No
Am t~m any exceptions to the specifications? ~
If tlm'e are exceptions to the specifications, explain all such exceptions (attach additional page ff necessary).
Page 2 of 2
Bond No. 81889109
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Ernest P. Breaux Electrical, Inc.
whose address is P.O. Box 11640, New Iberia, LA 70562-1640 hereinafter called Principal,
and Federal Insurance Company , a corporation organized and existing under the laws of
the State of Indiana , 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 Hundred & Thirty Four Thousand DOLLARS ($134,000.00) 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 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 2002- 242 , with the City of
Denton, the Owner, dated the 6th day of August A.D. 2002 ., a copy of which is hereto
attached and made a part hereof, for Bid 2868 Spencer Switch Structure and Equipment
Installation Specification.
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 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 ail 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, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4
shall be deemed an original, this the 6th day of August ~ 2002
__copies, each one of which
ATTEST: PRINCIPAL
ATTEST:
Ernest P. Brea~x Electrical, Inc.
BY: ~" /~'"~
~RESiD~s,.~ - ~
SURETY
Misty Wrigh[ ~ -- X BY:
ATTO~lgE~
Beverly(A. Iz
The Resident Agent of the Surety in Denton County, Texas for
process is:
m~¢k Co~l~ any ~
.IN-FACT
~land
of notice and service of the
STREET ADDRESS: Bryan Tower, 2002 Bryan St., Ste 3400, Dallas, Texas 75201
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Ernest P. Breaux Electrical, Inc.
whose address is P.O. Box 11640, New Iberia, LA 70562-1640 , hereinafter called
Principal, and Federal Insurance Company , a corporation organized and existing
under the laws of the State of Indiana ., 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, fn'ms, and corporations who may furnish materials for, or perform labor upon,
the building or improvements hereinafter referred to, in the penal sum of One Hundred & Thirty
Four Thousand DOLLARS ($ 134,000.00 ) in lawful money of the United States, to be paid in
Denton, County, Texas, for the payment of which sm 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- 242 , with the City Of
Denton, the Owner, dated the 6th day of August A.D. 2002 , a copy of which is hereto
attached and made a part hereof, for Bid 2868 - Spencer Switch Structure and Equipment
Installation Specification
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 Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
1N WITNESS WHEREOF, tkis instrument is executed in 4
shall be deemed an original, thisthe 6th dayof August , 200~2
copies, each one of which
ATTEST: PRINCIPAL
BY:
'PRESI EI E~ [
ATTEST: SURETY
AT~(
Bever
The Resident Agent of the Surety in Denton County, Texas for deliver,
process is:
,I~-F~'~CT
Ireland
of notice and service of the
STREET ADDRESS: Bryan Tower, 2002 Bryan St., Ste. 3400, Dallas, Texas 75201
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB -4
Chubb POWER
OF
Sursty A'I-rORN£Y
Federal Insurance Company
Vigilant Insurance Company
Pacific indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warran, NJ 07059
Know A]lbyThesa~asents, T hatFEDERALINS~E COMPANY, ~ IncFB~accqx3-~dcn, V',GILANTINSURANCE COMPANY, a New Yo~
~rpomtoa, andPAC]FiCIN[~'~NrrfcOMPANY, a Wisco~in ~rporation, do eschhem~ ~n~eandap~i~ Marc W. Boots,
Joy Hajovsky, Morris D. Plagens, Jr., Amy Sustaire, James R. Donnelly, Jr. and
Beverly A. Ireland of Houston, Texas--= ........................................
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and ts affix their coficorate seals to and delive~ for and
on their behalf as surety thereon or othenvias, bonds and undertakJflgs and other writings obligatory In the nature thereof (oth~ than bail bonds) given
or e~'ecuted in the course of business, and any instrumen~ amending or altering the asme, and consents to the modification or alterefien of any
iastrumenl referred to in said bonds or obflgstJons.
In W]tneas Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANI3E COMPANY, and PACIFIC INDEMNITY COMPANY have each
executedandattestodtheseprasentoandaffixedthetrcoq3orateasalsonthis 3rd dayo~' May, 2002
STATE OF NL~'W JERSEY
On~,~, 3rd da¥1~' MaT~ 2002 ,before ma.a Natalypublk=of NewJe~,pee~onallycame Kermelh C. Wend~,
~ ~ ~ ~L~ to ~e for~ol~ ~r ~m~ am ~ ~le ~b and ~re ~er~o a~ ~ a~had~ ~ the B~ ~ ~id Coming; and ~t he
~ t~B~2~ ~ FEDE~L INSU~NCE COMPAq. ~GI~NT INSU~NCE COMPAq, a~ PACIFIC INDEMNI~ COMPAq.
ms~e ~ig~tbm. The sig~tum si su~ o~ ~y ~ engrave, ~t~ ~ ~m~. ~ s~m of ~ of ~e fol~g
A~mF~ for pu~ on~ of ~ng and ~ ~ and ~s and ~ ~ngs o~ig~ ~ ~e ~re ~r~f, a~
aw ~ch ~r ~ ~ and ~ ~ s~h ~imile ~lure ~ ~imile ~1 ~all ~ ~lid a~ bi~ing u~ ~ ~m~ny ~
I, ~ C. Wendal, A~ S~ of FEDE~L INSU~NCE COMPAq, ~GI~ INSU~NCE COMPAq, a~ PACIFIC INDEMN~
Gb~ ~ ~ h~d ~d ~als o~ ~ Com~ ~ Waff~, NJ ~ls 6 Eh ~y ~ ~u~us t 2002
Kenneth C. Wer~ls-V'-Asslstant Secreta~/
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
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 shah 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 __.
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:
o· 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.
· Ali 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 cla'uns-made form, Contractor
shall maintain such coverage confmuously 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:
A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this contract
and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
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.
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 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 sa.me 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 insurauce 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
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the SpecfficCond~tlons ofthe contract specifications.
ATTACHMENT1
ix]
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certifmate")-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.
The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
If the coverage petiod 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 proj eot; 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, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
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 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 filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
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.
ACORD.,. CERTIFICATE OF LIABILITY INSURANCE
· 8/27/2002
PRODUCER
Bowen, Miclette & Britt, Inc.
1111 North Loop West
Suite 400
Houston TX 77008
INSURED
Ernest P. Breaux Electrical, Inc.
P.O. Box 11640
~2812 Broken Arrow Rd. 70560
New Iber,ia LA 70562-1640
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERk Liberty Mutual Ins CO
INSURERS: Royal Ins Co Of America
INSURERC: American Cas. Co. of Readinq~
INSURER D:
INSURER E:
COVERAGES
Fhe Policies of Insurance listed below have been issued to the insured named above for the policy period indicated.
~otwithstanding any requirement, term or condition of any contracE or other document with respect to which this
;ertificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all
:he terms, exclusions and conditions of such policies. Aggregate llmits shown may have been reduced by paid claims.
;NSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMSER DATE IMMIn D/'.~'t ~ATF IMM/DD/YYI UMITS
A G__ENERAL LiABiLiTY [G2691004210031 11/1/2001 11/1/2002 EACH OCCURRENCE Sir0001000
)~ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one lire) $ 250; 000
I CLAIMS MADE [~ OCCUR MED EXP (Any one person) $5t000
' PERSONAL & ADV INJURY $1,000,000
GENERALAGGREGATE $2 · 000, 000
GEN'L AGGREGATE LIMIT APPMES PER: PRODUCTS - COMP/OP AGG $2f000f000
A AUTOMO BILE LIABILITY AS2691004210021 11/1/2001 11/1/2002
COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1~000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per acddent)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT
ANY AUTO EAACC $
OTHER THAN
AUTO ONLY: AGG $
B EXCESS LIABILITY PHN016469 11/1/2001 11/1/2002 EACH OCCURRENCE $5,000,000
X~ CCCUR [~ CLAIMS MADE AGGREGATE S5,000,000
$
DEDUCTIBLE
RETENTION $ $
WC STATU- OTH-
C WORKERSCOMPENSATIONAND ~C194319919 11/1/2001 11/1/2002 X ITORYUM~TSI I ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $1, 000 ~ 000
E.LDISEASE-EAEMPLOYEE $11000 f 000
E.L DISEASE - POLICY LIMIT $1 ~ 000 ~ 000
OTHER
DESCRIPTION OF OPERAT[ON SlLOCATI ON S:VEHIC LE$1EXC L U SIGNS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Bid ~2868 Spencer Switch Structure and Equipment InstallaEion Specifications.
City of Denton, its Officials, Agents, ~mployees and volunteers are named as Additional Insureds re~arding General
biability and Auto where required by written contract. Waiver of Subrogation in favor of City of Denton, its
3fficials, Agents, Employees and volunteers re~arding Workers Compensation where required by written contract.
Coverage is Primary.
CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETTER:
CANCELLATION
City of Denton
901 B Texas Street
Denton TX 76201
ACORD 25-S (7197)
:he expiration date thereof, the issuinE company will
C~ XX mail 30 days written notice to the certificate
AUTHORIZED REPRESENTATIVE
® ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights ~o the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the ce~ficate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the cover.ge afforded by the policies listed thereon.
ACORD 25-$ (7/97)