2002-262O IN CE NO.
CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND
AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE GAYLA
BRIDGES STREET PAVING; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2855- GAYLA BRIDGES
STREET PAVING AWARDED TO JAGOE-PUBLIC CO. IN THE AMOUNT OF $89,798).
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 CONTRACTOR AMOUNT
2855 Jagoe-Public Co. $89,798
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
pub lie 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 mount 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 ,~ dayof ~XT-~ff~t~/,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT~~ ~CITY ATTORNEY
BY:RD~
3-O PEET PAVING
CONTRACTUA~/~ANCE
Attachment 1
BID# 2855 Date: 7/9/02
GAYLA BRIDGES STREET PAVING
~10;I ;Q~. I DESCRiPTiON VENDOR VENDOR VENDOR~
Sutton &
Jagoe Public Associates
Principle Place of Business: Denton, TX Keller, TX
TOTAL BASE BID $89,798.00 $123,217.00
1
ADDENDUM # 1 Yes Yes
2
Bid Bond Yes Yes
3
2855
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this
A.D., 2002, by and between
and State of Texas, acting through
hereinafter termed "OWNER," and
Jagoe Public Company
P.O. Box 250
3rd .day of September
City of Denton ofthe County of Denton
Michael A. Conduff thereunto duly authorized so to do,
Denton, TX 76202
of the City of Denton , County of 'Denton
termed "CONTRACTOR."
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 2855 - Gayla Bridges Street Paving
in the amount of $89,798.00 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, 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:
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, with_holding, 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, fi.om 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 Con.tractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established for
the start of work as set forth in written notice to commence work'and complete all work within the
time stated in the Proposal, subject to such extensions of time as are provided by the General and
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.
City of Denton
ATTEST:
' /
(SEAL)
CONTR/~CTOlt
Denion, Tx
MAILING ADDRESS
APPROVED AS TO FORM:
PHOl~~ge
Main #(IM0) 382-2581
Fax #(940) 382-9732
FAX NUMBER
PRINTED NAME '
(SEAt.)
CA - 3
Project Name
GAYLA BR]DC-ES PAVING
Bid Tabulation Sheet
Ttem Description '
1.21 Con~actozs Wa~ce~x~i~s aid Un&~tandi~s
Work Days
Bid No,
P.O. No,
Quantity 1 U~it I UnitPrlce
25
2855
Total.
3 & 1/2' thi~k Asphalt pa ,v~nt <Typ~ A)
Unit l~i~
/~ q9 / s¥
,4.6 Ju~
U~t l~i~ ~ Wo~c~
U~it Pd~ b. Wot&
J Uzfit Pd~ I~ Words
SP-43 ISaw Cat A~phalt
I ]64 J~,.Js,
3°00 /Ft.
P3
BID SUMMARY
In the event of the award of a contract W the undersigned, the undersigned will furnish a
peffonuance bond and a payment bond for the full amount of the conaact, ~o secure proper
compliance with the terms and provisions of the contract, to insure ard guarantee the work until
final completion and acceptance, and to guarantee payment for all lawful claims for labor
performed and materials fumisbed in the fulfdlment of the conWact.
It is understood 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 F.n~teer.
The mid~m~ral ~e~ ~at ~¢-t~id' pfieescomained ht this propo~ve been'cardully checked
and are submitted as correct and final.
Unit and lump st an prices as shown for each item listed in this proposal, ~hall cor~ol over
extensions.
Street Address
City and State
Seal & Authori~fion
(If a Corporation)
Telephone..
P-4
BOND NO. ST3268
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Jagoe Public Company
whose address is P.O. Box 250, Denton, TX 76202 hereinafter called Principal, and
ST. PAUL FIRE a~m Mawr~ ru~,nau~'~ nt~Mpa~v, a corporation organized and existing under the laws
of the State of minnesota , 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 Eighty Nine Thousand, Seven Hundred Ninety Eight DOLLARS ($ 89,798.00 ) 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- 262 , with the City of
Denton, the Owner, dated the 3rd day of September A.D. 2002 , a copy of which is hereto
attached and made a part hereof, for Bid 2855 - Gayla Bridges Street Paving
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 fi:om
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 fi:om 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 he 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.
Pour
IN WITNESS WHEREOF, this instrument is executed in copies, each one of which
shall be deemed an original, this the l fi day of .qoplzorahot., pnnp
ATTEST: PRINCIPAL
BY:
JAGOE PUBLIC COMPANY
VIdE PRESIDENT /
ATTEST:
Christine Davis
SURETY
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
D. Gregory Stitts
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: Willis of Texas, Inc.
STREET ADDR~SS: 13355 Noel Road, Suite 400, Dallas, Texas 75240
(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 Jagoe Public Company
whose address is P.O. Box 250, Denton, TX 76202, hereinafter called Principal, and
P/tUL FIRE .~I, ID ~/~RINE IIqSIll~hl, lCE P, OI, IPA~I~ corporation organized and existing under the laws of
the State of Iqinnesota , and fully authorized to transact business in the State of Texas, as
Surety, are held and fLrmly 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 Eighty Nine'Thousand; Seven Hundred &
Ninety Eight DOLLARS and 00 Cents ($ 89,798.00) 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
oft[tis Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2002- 262, with the City of
Denton, the Owner, dated the 3rd day of September A.D. 2002 , a copy of which is hereto
attached and made a part hereof, for Bid 2855 - Ga/la Bridges Street Paving.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, finns, 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 obhgation 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.
IN WITNESS WHEREOF, this instrument is executed in F°U~copies, each one of which
shall be deemed an original, this the 16 day of September 2002.
ATTE S T:
PRINCIPAL
BY:
SECRETARY /
JAGOE PUBLIC COMPANY
PRESIDENT
ATTEST: SURETY
c~h~iJt ine Davis
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
AT~TORNBY-~lfACT
D. Gregory Stitts
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
Willis of Texas, Inc.
N;dVIE:
STREET ADDRESS: 13355 Noel Road, Suite 400, Dallas, Texas 75240
(NOTE: Date of Payrnent Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
PB - 4
lheSTelul
POWER OF ATTORNEY
Seaboard Suret~ Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
23335
PowerofnttorneyNo. CertificateNo.~.31 1875
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company .me corporations duly organized under
the laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and
that Fidelity and Guaranty Insurance Cmnpany is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance
Underwriters. Inc. is n corporation duly organized under the laws of the State of Wisconsin (herein collecth,eh' called the "Compa,ies"). and that the Companies do
hereby make. constitute and appoiut
JeffMclntosh, D. Gregory Stitts and Rosemary Weaver
o1' the City of Dallas . Sta~eXas their true and lawful Attorney(s)-in Fact,
each in their separate capacity il' more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings.
contracts and other whiten instruments itl the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance o1' contracts and executing or guaranteeing bonds and undertakings required or permitted in any aclions or proceedings allowed by law.
IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and sealed this 22nd day of May 2002
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
State of Maryland
City of Baltimore
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
THOMAS E. HIJIBREGTSE. Assistanl Secretary
On this 22nd day of May 2002 . before me, the undersigned officer, personally appeared John E Phinney and
Thomas E. Huibregtse. who acknowledged themselves to be the Vice P~esident and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Iusurance Cmnpany. and Fidelity and Guaranty Insurance Undm~vriters. Inc.; and that the seals affixed to the ti~regoing instrmnent ~re the corporate seals of
said Companies; and that they. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly author/zed officers.
In Witness Whereof, I hereunto set my band and official seal.
My Commission expires the 13th day of July, 2002.
REBECCA EASLEY ONOKALA, Notary Public
86203 Rev. 7-2000 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
efl~ct, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings~ contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as AtXomey(s)-in-Fact pursuant to a Power of Ailorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or fithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s) in Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set for~ therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile sea] shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case. subject to the terms and limitations of the Power of
Attorney issued them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
1. Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Cmnpany, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and lbregoing is a tree and con'ecl copy of the Power of Attorney executed by said Companies, which is in lull force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, 1 hereunto set my hand this
~6 day of September
2002
Thomas E. Huibregtse, Assistant Secretary
To verify tbe autbenticity of this Power of Attorney, call 1-800-421-$880 and ask ]or the ~ower of Attorn, ey clerk. Please refer to the Power of Attorney number,
the above-named indivMuals and the details of the bond to which the p. owe) is attached.
SI'Paul Surety
IMPORTANT NOTICE:
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
FAX # 1 =512-475-1771
Your notice of claim against the attached bond may be given to the surety company that issued
the bond by sending it to the following address:
Mailing Address: St. Paul Surety Claim
P.O. Box 4689
Federal Way, WA 98063-4689
Physical Address: St. Paul Surety Claim
31919 First Avenue South
Suite 100
Federal Way, WA 98003
You may also contact the St. Paul Surety Claim office by telephone at:
Telephone Number: 1-253-945-1545
PREMIUM OR CLAIM DISPUTES:
If you have a dispute concerning a premium, you should contact the agent first. If you have a
dispute concerning a claim, you should contact the company first. If the dispute is not resolved,
you may contact the Texas Department oflnsurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the attached
document.
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. [fan 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.
AH 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, ff 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 cla'nns 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 shah 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
DA YS AD VANCE WRITTEN NO TICE IS REQUIRED ".
Should any of the required insurance be provided under a claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1~000~000
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual hability coveting 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 Liabihty for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
L/mits (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.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance wi'rich, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[]
[]
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on
an"occurrence" basis, and the policy shall be issued by the same insurance company that
carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[]
Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
[]
[]
Builders~ Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage, should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[]
Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by
the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carders,
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 mounts 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 begLrming 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.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1)
provide coverage, based on proper reporting of classification codes and payroll
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 new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b)
a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the cun'ent
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 mounts, 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
Pm3OUCER (940)382-9691
Ramey &Klng ~nsurance
830 South [-35E. Suite A
Denton. TX 76205-7829
FAX (940)24~-1050
~ 3agoe Pub]it Company, /nc.
Bill Cheek
P 0 Box 250
Dentm. TX 76202
COVERAGES
THffi CERTIFICATE lis I~UED A8 A MATTER OF INFORMATION
HOLDER. THIS CERTIFICATE DOES HOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
~NSU~A Travelers Uoyds
Travelers Indemity of ~.eric.
~ c~J~ ~O491D227A 10/0]/02 10/0]/03 ~c~ OCC~NC~ ~ 1. ~0 ~ ~(
~~ ~P49102293 t0/0~02 10/0V0~ c~ s~ U~T
1,~0,~C
B ~
C ~ 5,~0,~(
~c~ ~ [~0V02 '[O/OV03
D ~L ~H~a~ ~ ~000~(
C~ of ~nt~, ~ offi~a~s, ~ents, employe~ and ~lu~m am sh~ as addEi~at i~ur~. ~te holder is
sh~ ~ add~onal insured. WaNer of Sub~on ~ i~u~ in ~r ~ City of Denton.
CERTIFICATE HOLDER I I ~o='noN~ ~SUe~=; ~ t~, ,=~c -- CANCELLATION
City of Denton
901 B Texas Street
Denton, Tx. 76201
James E. King
ACORD 25-S (7/97!
~ACORD CORPORATION 1988
IMPORTANT
If the certificate holler is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certtEcate does not confer dghts to the certificate holder in lieu of such endorsement(s).
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), actho~zod representative or producer, and the ceraficate holder, nor does it
affirmatively or negatively amend, extend or alter the coven~ge afforded by the policies listed thereon.
ACORB 25-S (7/9?)