2001-441AN ORD~^NCE ^ CcE?r~ING COMPETITIVE BIDS AND ^WARDINO A PUB,~IC WOKS
CONTRACT FOR T.E CONSTRUC*ION OF A BASKETBALL COURT AT NORT. L^~:ES
PARK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING
AN EFFECTIVE DATE (BID 2739 -NORTH LAKES BASKETBALL COURT AWARDED TO
JONES AND JEFFREY CONSTRUCTION, INC IN THE AMOUNT OF $34,044)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of pubhc works or ~mprovements 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 here~n 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 specfficatlons therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I 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
2739 Jones and Jeffrey Construction, Inc $34,044
SECTION II 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 vath all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furmshmg of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SECTION III 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 B~d Proposals, and documents relating thereto specifying the terms,
conditions, plans and specfficat~ons, standards, quantities and specffied sums contmned therein
SECTION IV 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 Cotmcfl
hereby authonzes the expenditure of funds in the manner and in the amount as specified in such
approved bids and anthonzed contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED th~s the ~dayof ~~2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2739 - CONTRACTUAL ORDINANCE
Attachment 1
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered mto this 27 day of November
A D , 2001, by and between C~ty. of Denton of the County of Denton and State of Texas,
actmg through Mmhael A. Conduff
thereunto duly authorized so to do, heremafter termed "OWNER," and
Jones & .Teffery Construction Co., Inc.
lgOl E. McKmney
Denton: TX 76208
of the C~ty of Denton, County of Denton and State of Texas, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
heremafter menttoned, to be made and performed by OWNER, and under the condtt~ons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
B~d 2739- North Lakes Basketball Court
m the amount of ~34,044 and all extra work m connecuon therewith, under the terms
as stated~m the General Condmons of the agreement, and at his (or their) own proper cost and
expense ~to furmsh all matermls, supphes, machinery, eqmpment, tools, supermtendence,
labor, msurance, and other accessories and servxces necessary to complete the work specffied
above, m accordance w~th the contht~ons and puces stated m the Proposal and the Performance
and Payment Bonds, attached hereto, and m accordance wxth all the General Cond~Uons of the
Agreement, the Specml Conditions, the Notxce to B~dders (Advertisement for Bxds), and
Instructxons to Btdders, as referenced herem and on file m the office of the Purchasing Agent,
and m accordance w~th the plans, which ~ncludes all maps, plats, blueprints, and other
drawings and prmted or written explanatory matter thereof,
CA - 1
and the Specifications therefore, as prepared by
all of which are referenced herein and made a part hereof and collect~valy ewdence and
constitute t_he entire contract
Independent Status
It is: mutually understood and agreed by and between City and Contractor that Contractor
~s an independent contractor and shall not be deemed to be or considered an employee of the
City of Denton, Texas, for the purposes of raceme tax, w~thhokhng, 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 darect~on of the City Manager of the City of Denton, Texas,
or h~s designee under tins agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or liability of any land whatsoever, by reason of injury to
property or third persons occasioned by any error, omission or naghgent act of Contractor,
officers, agents, employees, mwtees, and other persons for whom it is legally liable, vath regard
to the performance of tins Agreement, and Contractor will, at its cost and expense, defend and
protect the City of Dantun against any and all such clmms and demands
Choiee of Law and Venue
This agreement shall be 8overned by the law of the State of Texas and venue for
construction and enforcement shall lie m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or aRer the date established
for the start of work as set forth in written notice to commence work and complete all work
vathin thel tune stated m the Proposal, subject to such extensions of time as are prowded by the
General and Special Con/ht~ons
The OWNER agrees to pay the CONTRACTOR in curr~nt funds the price or puces
shown m the Proposal, which forms a part of flus contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
A '~B~d 27~9 Sea~ & 3'~/t~y doa 12/4/01
1N WITNESS WHEREOF, the pa~ttes of these presents have executed fins agreement
the year and day fa'st above written
ATTEST '~~~t~
OWNER
(s~)
ATTEST
~_~x~._.~)/ Jones & Jeffery.. Const. .C°'' Inc.
- 0 -% 0 coNm~c~o~
3801 E. McKinney
Denton, Texas 76208
MAILING ADDRESS "'
(940) 382-3124
PHONE NUMBER
(940) 566-2176
Robert W. Jones, Jr.
c~¥
CA - 3
A ~Btd 2739 Joa~ & $~oy do~ 12/4~ 1
PROPOSAL (BID) FORM (Pagel of 3)
Time: 2:p.m.
Date: October 23, 2001
TO: Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen
The undersigned having examined the Contract Documents entitled
North Lakes Park Basketball Project
Bid # 2739
And having vmlted the site of the proposed construction, and having fam,hartzed h~m~elf with
the local condmons affecting the cost of the work, and w~th all addenda to the sad documents,
hereby proposeds to furnish all supervision, labor, matermls, eqmpraent, tools, and accessories
and to do all work m accordance with sad documents and addenda thereto for the stipulated sum
of
Thirty ..four thousand, fourty four ...... Dollars($ 34.044.00 )
Total Base Bid
Total Matermls Ineom_ orated into the Prolect $1 6.0 4 4,0 0
Total Labor. Superwslon and Materials Not Incom_ orated into the Project $18 t o 0 0.0 o
UNIT PRICES:
The undersigned agrees that the following umt paces wtll apply to adjust quantities of matenals
indicated on drawings Prices are for materials faushed and installed It is further agreed that
the quantities of work to he done at umt prices and matdnal to be furmshed may he mcreased or
d~m,~hed as may be considered necessary m the opnuon of the Owner's Representative, and
that all quantttles of work, whether increased or decreased, are to be performed at the umt prices
set forth below except as provided for m the specfficatmns All umt prices are for addition or
deletmn.
Paving ComponentslTunn~hed and Installed)
4" ttuck 3000 PSI concrete paving $ 2.3 5 per S F
5" tback 3000 PSI concrete paving $ ~. 5 o l~er S F
6" tback 3000 PSI concrete paving $ 2.6 5 per S F
4" duck 3000 PSI concrete paving w/post tensmn cables $ 2.5 o ver S F
H \Word Doc~B,ddmg Forms, Lists and example~klq'orth Lakes P~rk Basketball Court Protect bid doc
B~d Proposal Form (Page 2 of 3)
9"×12" concrete mow strip under fence vath 2-#4 bars $ ~ 2. _n9 per L F
Earthwork and Drainage (Furmsh and Install`}
Cut, Transport and Place Onsne Soft $ 2_ ~ o per C Y
Import and Place Off-She Soft $ 9.25 per C Y
Fencing ¢omponents(Furmsh and InstalB
4' Ingh chain link, 9ga v~th added vinyl coating fencmg $ 1 3.5 o per L F
6' Ingh cluun link, 9ga w~th added wnyl coating fencing $ 21 _no 'per L F
Standard~ 4' wde X 4' height gate to match fence $ 286_ o a each
3" OD Line Post to match 4' fence $ 6~ .aa .each
2-5/8" OD Line Posts to match 4' fence $ 25- o o each
Turf C0mponents(Furmsh and Install`}
Common Bermuda solid sod $ 3.25 l~er S Y
Staked Common Bermuda sohd sod $ 2_ ~t) Der S Y
Dnll seeded rye grass $ ~. 00 per S Y
Hydro mulched seeded Common Bermuda $ . ~ 0 per S Y
Hydro mulched seeded Common Bermuda and Rye grass $ .1 0 per S Y
Broadcast seeded rye grass $ .5 0 Mr S Y
Erosion Control(Furm~hed and Installed'}
Penmetor Siltation Bamer $ ~. 6 5 per L F
Swale Siltation Fabric Bamer $ 1.6 5 per L F
Staked Erosion Control Matting $ 1.1 5 per L F
Bidder under,ands the statements and Owner's Objectives contained m Sect n 0 0 0-S
o f Wor ,k.
ADDENDA:
Acknowledge receipt of the following addenda winch are part of the Bidding Documents by
placing Addendum #, Date issued and imtaalmg'
Addendum No Addendum No
Addendum No Addendum No
H \Word DoesXB~ddmg Forms, Lists and examples~qorth Lakes Park Basketball Court Project bid doc
B~d Propgsal Form (page 3 of 3)
The undersigned bidder hereby declares that he bas visited the site of the work and has
carefullyI examined the Contract Documents pertaining to the work covered by the above
bid, and he further agrees to commence work within ten(10) days after date of written
notice to proceed and to substantially complete the work on which he has bid within
~ ~-y (~n) Consecutive calendar days subject to such extensions of time
allowed by specifications.
The undersigned bidder agrees that h~s bid shall be good and may not be withdrawn for a period
of 60 calendar days ater the scheduled closing nme for receiving bids
The undersigned bidder understands that the Owner reserves the right to reject any or all b~ds and
to waive any mformahtaes m the bidding
BID GUARANTY:
Enclosed,with this Bid is a Certified Check for
Do,ars ($ )
or a Bid Bond m the sum of
Five P~rcent of Bid Do~ars($ 5% of bid )
which it zs agreed shall be collected and retained by the Owner as hquldated damages m the
event this Bid is accepted by the Owner within 60 days alter the bids are received and the
undersigned fads to executed the Contract and the requtred Bonds with the said Owner witban
ten (10) (lays a.~er the date said Bid ts accepted otherwtse said check or bond shall be returned
to the undersigned upon demand
JonesI & Jeffery Construction Co., Inc.
~~ ~. ~fcorporatlor~ attest and affix
Authonzed Signature Robert W. Jones, Jr. a Corporate Sea~)
Pra~qiflant
Title
Address 3801 E. M~Kinney
CIV, State, Zip Code Denton, Texas 76208
Telephone (940) 382-3124
H \Word Does~Blddmg Forms, Lists and examples~North Lakes Park Basketball Court Pro3eet bid doe
PERFORMANCE BOND
STATE oF TEXAS §
COUNTYIOF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Jones & Jeffery Con~truetmn Co.,
Inc. whose address ~s 3801 E. MelGnney: Denton TX 76208
heremafte~ called Principal, and ~_ tr~.ml~/)/~.q ~/_77 (~ ff~ ,
a corpor,at~on orgamzed and existing under the laws of the State of ~7-f.~tq3 . and
fully authc~nzed to transact bnsmess m the State of Texas, as Surety, are held and firmly bound
unto the Glty of Denton, a municipal corporation orgamzed and existing under the laws of the
State of Texas, hereinafter called Owner, m the penal sum of Thirty Four Thousand Forty
Four Dollars and 0/100 DOLLARS ($ 34:044) plus ten percent of the stated penal sum as an
additional [sum of money representing additional court expenses, attorneys' fees, and hqudated
damages arising out of or connected with the below dentlfied Contract, in lawful money of the
Umted States, to be pad m Denton County, Texas, for the payment of which sum well and
truly to b~ made, we hereby bind ourselves, our hetrs, executors, admtmstrators, successors,
and~asstg~s, jointly and severally, f'trraly by these presents This Bond shal! au. tomatlcally .be
increased by the amount of any Change Order or Supplemental Agreement which increases me
Contract price, but m no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME is cond~tioned as follows Whereas, the
Principal ~ntered into a certain Contract, xdentffied by Ordinance Number 21301-441 , with
the City 0f Denton, the Owner, dated the 27 day of November A D 2001, a copy of
whtch Is hereto attached and made a part hereof, for Fhd 2739- North Lake~q Basketball Court.
NOW, THEREFORE, ff the Prmmpal shall well, truly and faithfully perform and fulfill
all of the undertakangs, covenants, terms, condmons and agreements of smd Contract m
accordance wtth the Plans, Spemficat~ons and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or wxthout 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, condmons
and agreements of any and all duly anthonzed modfficat~ons of said Contract that may
hereafter be made, notice of whxch modifications to the Surety being hereby waived, and, ff the
Principal Ishall repmr 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 Prmcxpal shall fully mdemmfy and save harmless the
Owner fr~.m all costs and damages which Owner may suffer by reason of failure to so perform
hereto ang shall fully reunburse and repay Owner all outlay and expense wfuch the Owner may
incur m r~takmg good any default or defimency, then this obhgatxon shall be void, otherwxse, it
shall remain m full force and effect
PB - 1
PROVIDED FURTHER, that if any logel action be filed upon tins Bond, exclusive venue
shall lie ro Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulat~s
and agrees that no change, extension of me, alteration or addmon to the terms of the Contract,
or to the Work to be performed thereunder, or to the Plans, Specifications, Drawrogs, ctc,
accompanying the same, shall m anywise affect its obhgat~on on tins Bond, and n does hereby
waive notme of any such change, extenmon of tLme, alterot~on or addmon to the terms of the
Contract, or to the Work to be performed theroundor, or to the Plans, SpemficaUons, Drawings,
eto
Tins Bond is given pursuant to tl~ prov~mons of Chapter 2253 of the Texas Oovemment
Code, as am~led, and any other apphcable statnt~s of the State of Texas
Tho undermg~ed and d~mgn~ted agent IS hereby designated by the Surety herein as the
R~mdent Agent in Denton County to whoro any r~qromte notices may be delivered and on whoro
semce of process may be had in roatt, rs ansrog out of such suretyslup, as provided by Amcle
7 19.1 of the Insurance Code, Vemoffs Annotated Civil Statutes of the State of Texas
IN WlTNESS WHEREOF, this instrument m executed m 4 . copies, each one of
winch shall be dceroed an origami, this the 9.7 d~y of~ _2111/1__
ATTEST PRINCIPAL
PRESIDENT
ATTEST SURETY
[J - BY ATTORNE,~.iN.F,~CT
The Resident Agent of the Sure~y m l~nton County, Texas for delivery of notice and service of
the process is
(NOTE Date of Pe~ormance Bond m~t be date of Conteact If ResMent Agent ~; not a
corporattan, give a person's name.)
PB - 2
A'~But 27~9 Jol~ & Joffr~y doo 12/4~1
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Jones & Jeffery Construetmn Co.:
loc., whose address is 3801 E. MeKmney, Denton. TX 76208 hereinafter called Pnnclpal,
and r4Jrum~wu£ c~cr? ~r~/° , a corporation organized and
existing under the laws of the State of -F,~ ~ r+-S , and fully authorized to transact business
m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
mumc~pal corporation orgamzed and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or
perform labor upon, the bmldmg or improvements hereinafter referred to, m the penal sum of
Thirty Four Thousand Forty Four Dollars and 0/100 DOLLARS ($ 34,044) m lawful money
of the United States, to be pad m Denton, County, Texas, for the payment of winch sum well
and truly to be made, we hereby brad ourselves, our hetrs, executors, admzmstrators,
successors, and assigns, jointly and severally, faTnly by these presents This Bond shall
automaUcally be increased by the amount of any Change Order or Supplemental Agreement
winch moreases the Contract price, but m no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of tins Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, ldentffied by Ordinance Number ~, with
the Cxty of Denton, the Owner, dated the 27 day of November A D 2001, a copy of
which is hereto attached and made a part hereof, for Bid 2739 - North Lakes Ba~qketball
NOW, THEREFORE, if the Principal shall well, truly and faxthfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material m the prosecutton of the Work provided for m said Contract
and any and all duly authorized modifications of sad Contract that may hereafter be made,
notme of which modfficatlons to the Surety being hereby expressly waived, then this obligation
shall be void, otherwxse it shall remmn m full force and effect
PROVIDED FURTHER, that if any legal acnon be filed on this Bond, exclusxve venue
shall he in Denton County, Texas
AND PROVIDED FURTHER, that the sam Surety, for value received, hereby
stipulates and agrees that no change, extensmn of tone, alteratmn or addltxon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, SpecfficaUons,
Drawings, etc, accompanying the same, shall m anywise affect ;ts obllgauon on this Bond,
and it does hereby wmve notice of any such change, extension of trane, alteration or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB - 3
Tins Bond is given pursuant to the prowsaons of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
The, undersigned and demgnated agent ~s hereby demgnated by the Surety herren as the
Remdent Agent m Denton County to whom any reqmmte notices may be dehvered and on whom
serwee of prooess may be had an matters arising out of su0h suretyslup, as provided by Artmle
7 19-1 of the Insurance Code, Vemon's Annotated Ovfl Statutes of the State of Texas
IN WITNESS WHEREOF, tins instrument is executed m, ,4 copras, each one of winch
shall be deOmed an onguml, tinsthe 27 dayof.J~avambaL,
ATTEST PRINCH~AL
BY ~~ · y~X~~----"~ ~"'~~' ~
B
PRESIDENT x \
ATTEST SURETY
~TTOR~Y-II~-FACT
The Remd~t Agem of the Surety m Denton County, Texas for delivery of noUce and service of
the process is
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 4
A ~B~d 2739 $o~$ & J%tgteff doa 12/4/01
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention IS directod 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 sul~mlsston the availability of lnsuronce certOTcates and endorsements as prescribed
and provided hereit~ If an appavent low bidder falls to comply strictly with the Insurance
requirettte~, that bidder nuty be dlsquulOTed from award of the contract. Upon bid award, all
Insurance irequiretn~nts shall become contractual obligations, which the successful bidder
shall have a duty to maintatn throughattt the course of this contract.
STANDARD PROVISIONS:
Without hmtttng any of the other obhgattons or habdtttes of the Contractor, the Contractor shall
prowde and maintain untd the contracted work has been completed and accepted by the Ctty of
Denton, Owner, the minimum insurance coverage as tndicated heremafter
As soon as practtcable after notification of bed award, Contractor shall file with the Purchasing
Department satisfactory certificates of msurance, containing the bed number and title of the
project, Contractor may, upon written request to the Purchasmg Department, ask for
clarification of any insurance requlroments at any time, however, Contractors are strongly
advised to make such requests prtor to bM opentng since the insurance requirements may not be
madtfied oJ" waived after bid opening unless a written exception has been submitted with the
Contractor shall not commence any work or deliver any material until he or she receives
notO~cation that the contract has been accepted, approved, and signed by the City of Dentor~
All insurance pohcies proposed or obtained m satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained tn comphance with these
general specifications throughout the duration of the Contract, or longer, If so noted
· Each policy shall be Issued by a company author~xl to do business m the State of
Texas vnth an A M Best Company rating of at least A
* Any deductibles or self-insured retentions shall be declared in the bid proposal
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured rctentmns wath respect to the City, its officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related mvestagattons, clmm admtrnstratlon and defense expenses
· Lmbthty pohoxes shall be endorsod to prowde the follovnng
.. Name as adchtional insured the City of Denton, its Officials, Agents,
Employees and volunteers
A ~Bld 2739 .~o1~ & Je~zy doo 12/4/01
** That such insurance is primary to any other insurance available to the
add~ttonnl ~nsured w~th respect to clmms covered under the pohcy and that th~s
insurance apphes separately to each insured against whom clarm ~s made or
stat is brought The mclusmn of more than one insured shall not operate to
increase the insurer's lumt of habthty
. All policies shall be endorsed to
'~S/ffD POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATEItI~IJ~Y CHANGE WITHOUT $# DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY I$ BEING CANCELLED FOR NONP~4YMENT OF PREMIUM IN
WHICH CASE 10 DA YS ADVANCE WRITTEN NOTICE 1S REQUIRED':
° Should any of the reqmred msuranc~ be prowded under a ¢laims-mada form.
ConVair shall mam~am such coverage continuously throughout the term of th~s
contra~t and, w~thout lapse, for a period of three years beyond the contrac~
expiration, such that uccurmnces ansm~ dunng the contract term wlueh g~ve nsc to
ela~ns made afar expiration of the contract shall be covered
· Should any of the requu~d insurance be prowdad under a form of coverage that
meluda~ a general annual a~gregate bm~t providing for clarms ~nves~gat~on or legal
defense cosu to be included m the general annual aggregate hrmt, the Con. actor
shall either double the oecur~nce hm~ts or obtain Owners and Contractors
Protective Lmbdity Insurance
· Should any reqmred insurance lapse dunn§ the contract term, requests for payments
on.hating after such lapse shall not be processed untd the C~ty receives satisfacto~
ev~danc~ of reinstated coverage as reqmred by flus contract, effective as of the lapse
date If msuranc~ ~s not reinstated, City may, at its sole optmn, temunate th~s
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
~Ill m~ura~we poli¢~e~ proposed or obtained m satisfaction of th~s Contract ~hall oddmonally
comply ~ the foilo~mg mar~ed speo~ficat~on$, and shali be ~amtamed m comphance ~ith
the~e ~ddiOonal spe¢t, fi¢~t~on$ throughout the duration of the Contract, or ionger, ~o noted
A General Liability Insurance:
General habfitiy ~nsurance vath combined single hmlts of not less than ,S~OO;OOO
shall be prowded and maintained by the Contractor The pehcy shall be wntten on
an occurrence bas~s either ill a single pohcy or Ill a combination of underlying and
umbrella or excess policies
A ~iBld 2739 Joll~ & J~"~y do~ I2/4/01
If'the Commemlal General Liability form (ISO Form CG 0001 currem edition) is
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, con~ractual liability covering flus
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 (/SO Form GL 0002 Current Echtion
and ISO Form GL 0404) is used, it shall molude 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 (XCL0
exposures
* Broad form contractual liability (preferably by endorsement) covenng this
contract, personal injury liability and broad form property damage liability
[~ Automobile Ltabihty Insurance:
ContracWr shall provide Commercial Automobile Liability insurance with Combined
Single Lurers (CSL) of not less than .s3oo:ooo either in a single policy or m a
combination of basic and umbrella or excess polmies The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile eqmpment used in conjunction with this contract
satisfaction of the above requirement shall be m the form ora policy endursement for
· any auto, or
· all owned, lured and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Workers Compensation insurance which, in
.ad~l. tion to meeting the nummum statutory reqmrements for Issuance of such insurance,
has Employer's Liability hm~tS 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 nghts of
subrogation a~mst the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured For bmldmg or construction projects, the
CoIltractor shall comply with the provisions of Attachment 1 in accordance with
§406096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Workers
ComPenSation Commission (TWCC)
O~ner*s and Contractor*9 Protective Liabflity Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the prosccuUon of
the work under tins contract, an Owner's and Contractor's Protective Liability insurance
poi: cy namm8 the City as insured for property damage and bodily injury winch may arise
m ! le prosecutiun of the work or Contractor's operations under tins contract Coverage
slut I be on an "occurrence" basis, and the policy shall be issued by the same insurance
con pany that carries the Contractor's hablhty insurance Policy hrmts yell be at least
combined bodily inJUry and property damage per occurrence with a
aggregate
Fire Damage Legal Liability Insuraace
Co~(~aga is required if Broad form General Llainhty is not provided or Is unavailable to
thelcontraotor or ii' a contractor leases or rents a portion of a City Inaldmg Lmuts of not
les~ than , each occurrence are reqmred
[ ] Professional Lmbility Insurance
Profasslonal habflxty insurance w~th hnuts not less than , per clam with
respect to l~egllgent aots, errors or omissiorls in connection voth 10rofesslonal services is
re(tun'ed under this Agreement
Builders* Risk Insurance
Builders' Risk Insurance, on an All.Pask form for 100% of the completed value shall be
provided Such policy, shatl include as 'Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other Insurance may be reqmred on an mdlwdual basts for extra hazardous contracts and
sp~offic service a~reements If such adchtional msurauce is reqmred for a spaclfic
co~tra~t, that reqmrement will be described in the "Specific Conditions" of the contract
specifications
2739 .lo~ &: Je~y doe 1274/0I
ATTACHMENT1
IX] Worker's Compensation Coverage for Building or Construetmn Projects for
Governmental Entities
A Deflmtions
Certificate of coverage ("cemficate")-A copy of a cemficatc 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 cntity's employees
provudmg services on a project, for the duration of the project
Duration of the project * includes the time from the begmmng 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 prowdang services on the project ("subcontractor" m {}406 096) - includes all
persons or entities porforromg all or part of the services thc 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 lmutation, independent contractors, subcontractors, leasing
compames, motor carriers, owner*operators, employees of any such entity, or
, employees of any entity which furmshes persons to provide services on the project
"Senaoes" include, without hmitation, prowdmg, hauhng, or dehvermg equipment or
materials, or provi&ng labor, transportation, or other servtce rela~.A to a project
"Services" does not include a~tiwties unrelated to the project, such as food/beverage
vendors, office supply dehvenes, and dehvery of portable todets
B The contractor shall provide coverage, based on proper reporting of classification
' codes and payroll amounts and fihng of any overage agreements, wluch meets the
statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor provlchng senaces on the project, for the duration of the project
C The Contractor must prowde a certificate of coverage to the governmental entity
prior to hemg awarded the contract
D [ If the coverage p~nod shown on the contractor's current certificate of coverage ends
dunng tho duration of the project, the contractor must, pnor to the end of the
coverage period, file a new ce~ficate of coverage with the governmental entity
showing that coverage has been extended
12/4/01
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, poor to that person beginning work on the project, so
the governmental entity will have on file cemficates 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 cemflcate of
coverage showing extensmn of coverage, if the coverage period shown on the
current certificate of coverage ends dunng the duration of the project
F The contractor shall retain all reqmred certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall no,fy the governmental entity m writing by cemfied mml or
personal delivery, w~thin 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 proJecC
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 conUactor shall contractually reqmre each person w~th whom it contracts to
provide serwees on a project, to
(1) provide coverage, based on proper repo~ng of classification codes and payroll
amounts and filmg of any coverage agreements, which meets the statutory
reqmrements 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 beg~nmng work on the project, a
eemficate of coverage shovong 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
eemficate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends dunng 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 thc
proJeCt, and
(b) it new certificate of coverage showing extension of coverage, prior to the
end of the coverage penod, if the coverage penod shown on the current
certificate of coverage ends dunng the duration of the project,
retain all reqmred certificates of coverage on file for the duration of the project
and for one year thereat~,
(6) notify the governmental entity m writing by certified mint 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 requrre each person with whom tt contracts, to perform as
required by paragraphs (1) - (7), ,oath the cemficates of coverage to be
provldexi to the person for whom they are providing services
By sigmng this conlract or providing or causing to be provided a certtficate 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 appropnate insurance carrier or,
m the case of a self-insured, with the commlsston's Division of Self-Insurance
Regulation Prowdmg false or nnsleachng information may subJeCt the contractor to
admimstrativc penalties, cnrmnal penalties, c~vil penalties, or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor wluch entitles the governmental entity to declare the
contract votd If the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
A ~B~12739 Jo~ & $Ott~ doo 1214/01