1999-025 ORDNANCE NO qq
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR ROADWAY BORES UNDER UNIVERSITY AT ELM AND UNIVERSITY
AT LOCUST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE (BID #2327 - BORES, UNIVERSITY DRIVE AT ELM
AND LOCUST IN THE AMOUNT OF $77,605)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction ofpubhc works or unprovements m 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 deacnbed bids are the lowest responsible bids for the construction of the public works or
improvements deacnbed in the bid invitation, bid proposals and plans and specifications therein,
NOW, TItEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS
~ That the following competitive bids for the construction ofpubhc works or
improvements, as descnbed in the "Bid Inwtat~ons", "Bid Proposals" or plans and specifications on
file m 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
~ CONTRACTOR AMOUNT
2327 DUVAL & SONS, INC. $77,605
~ 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
pubhc works or improvements herem accepted and approved, until such person shall comply with
all reqmrements 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
~ 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
~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the public works and ~mprovements as authorized hereto, the C~ty Cotmcfl
hereby authorizes the expenditure of funds ~n the manner and in the amount as specffied ~n such
approved b~ds and anthonzed contracts executed pursuant thereto
~ That th~s orchnance shall become effective immediately upon ~ts passage and
approval
PASSED AND APPROVED th~s the,~/'le~2 day of~~m_,1999
SACK MILLE~, MAY6R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2327 - BORES, UNIVERSITY AT ELM AND LOCUST ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 2 day of FEBRUARY A.D., 1999, by and
between CITY OF DENTON of the County of DENTON and State of Texas, acting through
MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
DUVAL & SONS, INC.
6125 DEWITT
SACHSE, TX 75048
of the City of SACHSE County of DALLAS and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2~27- BORES, UNIVERSITY DRIVE AT ELM AND LOCUST
m the amount of $ 77,605 and all extra work in connection therewith, under the terms
as stated m the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal attached hereto, and
m accordance with all the General Con&t~ons of the Agreement, the Special Condmons, the
Notice to Bxdders (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and m
CA- 1
accordance with the plans, which mcludes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
ENGINEERING DEPARTMENT
all of whmh are made a part hereof and collecUvely evidence and constitute the entire contract
Independent Status
It Is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or consxdered an
employee of the Cxty of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacatmn or s~ck leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervis~un and control of Contractor or any employee
of Contractor, and ~t Is expressly understood that Contractor shall perform the services
hereunder according to the attached specfficattons at the general dlrectmn of the City Manager
of the City of Denton, Texas, or tus designee under this agreement
Indemnificatmn
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or hablhty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omlssmn or negligent act of Contractor,
its officers, agents, employees, mvltees, and other persons for whom it is legally hable, with
regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the City of Denton agmnst any and all such clauns and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for ns
construction and enforcement shall he m 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 m written not,ce to commence work and complete all work
within the tune stated in the Proposal, subject to such extensions of tune as are provided by the
General and Spemal Contht~ons
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown m the Proposal, wfuch forms a part of tins contract, such payments to be subject to the
General and Special Condmons of the Contract
CA - 2
IN WITNESS WHEREOF, the pames of these presents have executed this agreement
in the year and day first above written
ATTEST
- -~ ' (SEAL) ~
~NTRACTO~ ~.~.
MAILING ADDRESS
PHONE NUMBER
FAXNU~ER
TITLE
APPROVED AS TO FO~ P~NTED NAME
~~/~ (SEAL,
CITY ATTORNEY [
CA - 3
Bond No TXC 1564
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DUVAL & SONS, INC, whose
address is 6125 DEWITT, SACHSE, TX 75048, hereinafter called Prmc~pal, and
MERCHANTS BONDING COMPANY (MUTUAL) , a corporation orgamzed and
existing under the laws of the State of IO, m , and fully authorized to transact busmess m the
State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumclpal
corporaUon organized and ex~stmg under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of SEVENTY SEVEN THOUSAND SiX HUNDRED FIVE and
no/100 DOLLARS ($77,605) plus ten percent of the stated penal sum as an adthtional sum of
money representing addmonal court expenses, attorneys' fees, and hquldated damages arlsmg
out of or connected wtth the below Identified Contract, m lawful money of the Umted States,
to be paid m Denton County, Texas, for the payment of which sum well and truly to be made,
we hereby brad ourselves, our he,rs, executors, admlmstrators, successors, and assxgns, jointly
and severally, ftrrrdy by these presents Tins Bond shall automatically be increased by ~e
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 tins Bond
THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the Pnncxpal
entered into a certain Contract, identified by Ordinance Number 99-025, w~th the C~ty of
Denton, the Owner, dated the 2 day of FEBRUARY A.D 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2,327 - BORES, UNIVERSITY DRIVE AT ELM
AND LOCUST.
NOW, THEREFORE, ff the Prmc~pal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract m
accordance w~th the Plans, Specfficattons 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 durmg the hfe of any guaranty or warranty reqmred under tins Contract, and
shall also well and truly perform and fulfill all the undertalangs, covenants, terms, conditions
and agreements of any and all duly authorized modfficanons of said Contract that may
hereafter be made, notice of winch modffications to the Surety being hereby waived, and, ff the
Prlnclpal shall repmr and/or replace all defects due to faulty materials and workmansinp that
appear wtthm a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Pnnc~pal shall fully ~ndenmlfy and save harmless the
Owner from all costs and damages winch Owner may suffer by reason of failure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense winch the Owner may
recur m makmg good any default or deficiency, then th~s obligation shall be vmd, otherwise, ~t
shall remain m full force and effect
PB - I
PROVIDED FURTHER, that if any legal actwn be flied upon this Bond, exclusive
venue shall lie m Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of tune, 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 m anywise affect its obligation on tins Bond,
and it does hereby waive not,ce of any such change, extension of time, alteratmn or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Speclficatmns, Drawings, etc
This Bond m g~ven 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 hereto as the
ResMent Agent In Denton County to whom any reqmsge notices may be dehvered and on
whom serwce of process may be had in matters arising out of such suretyslup, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~vfl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument is executed m 4 cop~es, each one of which
shall be deemed an original, this the 2 day of FEBRUARY 1999
ATTEST PRINCIPAL
SECRETARY { BY PRESIDENT
ATTEST SURETY
ATTORNEY~N-i~ACT~' ~P, ay Watson
The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service
of the process is
NAME ~on E.
31 05 Prestonwood Dr., Plano TX 75093
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a
corporatton, gtve a person's name )
PB - 2
rchants Bondint Compan
(MUTUAL)
POWER OF A'I-I'ORNEY
Know All Men lay ~ preae~t~, that the MERCHANTla laONDINO COMPAN~Y (M UT?_AL.).
and to bind the MEFICHANT8 BONDING COMPANY (MUTUAL) thereby~as~ ~/~ ~a~]~ }~,~e ,s~. ,m~ e .e.x? ~ as
pumuant to the authority heroin glve~, are hamby ratified and =o~fhmed
adopted by the Board of Dtm~tom of the MERCHANTS BONDING COMPANY (MUTUAL) on O~tober 3 1992
ity to appoint Altomeya-ln-Fa~t and to autho~ze them to execute o~ behalf of the Company and a.t?~ the laeal~of~th_e._. Ce, ~y
thereto, ~ arid undedaklng~, re~3gnlZallOea, ~ontr~t~ of Indamnlty and other wr~ngs obllgator/ n me nature re°rem
In Witness Whereof, MERCHANT8 BONDING COMPANY (ML.q3JAL) ha~ cauaed these preaenis to be signed by Its Vlce. Pm~ldant md
~ ;orporate Mai to be hereto afl~:l, this ].St day of Jalla'u~ ].o~ A D
~.~'~- '~''., :=;~..,pe/~ .. ,,. MERCHANTS BONDING COMPANY (MUTtJ ,L)
-
8'rATE OF IOWA
on this 1st dayof ~am~aA~ 199~
.. ~.x, ..... <' o
ee ~ ... '~.. e~ Notary ~ P~k County k
,' .; IOWA : My Commission
"'..~' , ... ~ / Expires2.19-01
STATE OF lC)WA %°°4~! A%."
~. w,,is.n w.r~r, Jr. ~ret~ o~ th; MERCHANTS BONC~N~ COMPANY <MUTUAL) ,~o ~redy
in force and eftoof
M~o.,4 ~.. 1633
..~..
Bo~ ND ~ 1564
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That DUVAL & SONS, INC, whose
address is 6125 DEWITT, SACHSE, TX 75048, heretnafter called Principal, and
~im~s ~O~DT~ 00~ (~U~UAL) , a corporation orgamz .~d and
existing under the laws of the State of xiy~/g , and fully authorized to transact busme ~s m the
State of Texas, as Surety, are held and fLrmly bound unto the City of Denton, a n umclpal
corporation orgamzed and existing under the laws of the State of Texas, herelnaR~ :r called
Owner, and unto all persons, f'mns, and corporations who may furnish materials for, or
perform labor upon, the bmldlng or improvements hereinafter referred to, in the pena L sum of
SEVENTY SEVEN THOUSAND SIX HUNDRED FIVE and no/100 DOLLARS (I
m lawful money of the Umted States, to be pa~d in Denton, County, Texas, for the pa', ,ment of
which sum well and truly to be made, we hereby bind ourselves, our heirs, e: :ecutors,
administrators, successors, and assigns, jointly and severally, firmly by these presen s This
Bond shall automattcally be increased by the amount of any Change Order or Supg lemental
Agreement which increases the Contract price, but in no event shall a Change ()rder or
Supplemental Agreement which reduces the Contract price decrease the penal sun of this
Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the 'nnclpal
entered into a certain Contract, ldenufied by Ordinance Number 99-025, with the City of
Denton, the Owner, dated the 2 day of FEBRUARY A.D. 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2327 - BORES, UNIVERSITY DRIVE ~T ELM
AND LOCUST. /
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform ~!s duties
and make prompt payment to all persons, firms, subcontractors, corporations and.~ :~nnants
supplying labor and/or material m the prosecution of the Work provided for in sala ~ontract
and any and all duly authorized modifications of said Contract that may hereafter ~e made,
notice of which mod~ficaUons to the Surety being hereby expressly waived, then this ~ bhgatlon
shall be void, otherwise it shall remain m full force and effect
PROVIDED FURTHER, that d any legal action be filed on this Bond, exclusi ye venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of trine, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Speci ficaUons,
Drawings, etc, accompanying the same, shall in anywise affect its obligation on .is Bond,
and ~t does hereby waive notice of any such change, extension of tune, alteration or ld~Uon to
the terms of the Contract, or to the Work to be performed thereunder, or to te Plans,
Specifications, Drawmgs, etc
PB - 3
TI'ns Bond m g,ven pursuant to the provm,ons of Chapter 2253 of th Texas
Government Code, as amended, and any other appl,cable statutes of the State of Texas.
The unders,gned and des,gnated agent m hereby demgnated by the Surety here a as the
Res,dent Agent m Denton County to whom any reqmmte not,ces may be dehvere~ and on
whom serv,ce of process may be had m matters arming out of such suretyship, as pro aded by
Art,cie 7 19-1 of the Insurance Code, Vemon's Annotated C,vll Statutes of the State ot Texas
IN WITNESS WHEREOF, fins instrument m executed m 4 copies, each one. ! wh,ch
shall be deemed an original, thru the 2 day of FEBRUARY 1999
ATTEST PRINCIPAL
PRESIDENT '
ATTEST SURETY
~:~
ATTORNEY-IN-FACT, ~-~1 Watson
The Res,dent Agent of the Surety in Denton County, Texas for delivery of notice an, serwcc
of the process m
NAME Don E. Smith
STREET ADDRESS 3105 Prestonwood Dr., Pla.no TX 75093
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ~s not a
corporatton, give a person's name )
2327 CONTRACT & BONDS
PB - 4
Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know All Men By Th·aa Pr·santo, that the MERCHANTS BONDING COMPANY (MUTUAL) a corporntmn duly organized under the laws
of the State o~ Iowa, and having its prthetpal office in ~ha City of D. ec Molnaa County of Polk State of Iowa, heU1 made constituted and
appointed and da~ by thone preaants make, ~natltute and apa~nt
of ~3.~'],~"(:~K3n ~cl State of r~ its true and lawful Attorney in Fact with full power
net exnaed the ame, unt of
and to bled the MERCHANTS BONDING COMPANY (MUTUAL) thereby aa fully and to the name extent a~ if su~ boed or uededaidng was
agnad by thelduly authaifw:l off,em of the MEBO~_AN~"a ~OND. ING .COMPANY (MUTUAL) and all such acts of Said Attorney in
pursuant to the authedty herein given are hereby retmsul on~ ashen'nee
This Power~foAtfomey ia made and exe~ted pursuant to and by autheifty of the following Amended Subetttuted and Restated By Laws
adopted by the Boa~ of Dlrantore of the MERCHANTS BONDING COMPANY (MLrrUAL) on October 3 1992
ARTICLE II, SECTION 8 - The Chairman of the I~ard or president or any Vlna Prealdant or Secretary shell have power and author
Ity to ~ Altomeya-ln-Faof, and to authorize them to executo on bohall of the Company and attec~ the Seal of the Company
theretO, bonde and undeheklnga, mongnlzancee, contracts of indemnity and other writings ~flgatoe/In the nature thereof
ARTIC~LE , SECTION a - The algnatore of any autterized oflfoer Ned the Seal of the Comfy n?y b~ aflxed by ?a?_lmlle rt Oceaniar
powe~ of Attorney or Ce~,atfon thereof author;z ng the execution and delive~ of any t~cl, UnamlaK ng recogae, anna, o om
~,~llgatlona of the Company, Ned au~l signature and nast when su uecd shstl have the name force and effunt aa though
In Wifnaaa Whereof, MERCHANTS BONDING COMPANY (MUTUAL) hen nausud these presents to be signed by its Vina-praaident and
~ oofl~omfo aeal fo pa hereto affixed, thla [~t deyof ~'~ar~, [998 AD
MERC.ARTB BO.D,.G COMPANY
STATE OF IC~A · · · · · ·
COUNTY OFIPOLK
Co this ].~1: day of ~TaY!t.~ ].99~ before me appeared Lan7 Tayfor, to ma
pamonally known, who being by me duly Kwom did any that he is V~ce President'of the MERCHANTS BONDING COMPANY (MLYrUAL)
the omporetlOn dea~tbed In the foregoing Inatmmont, and that the Seal affixed to the said instrument ia the Corpureto Seal of the said
Corporation Ned that the said Instrument was algnad and aaaled in behalf of said Coq)oration by authority of its Board of Directors
In Testimony Whereof, I have hereunto set my ~ Ned affixed my Official Seal at the C~ty of Des Mo~nes Iowa, the day and year first
above written
: : IOWA My Comml~lon
STATE OF IOWA '·· ~RI A~'
COUNTY OF POLK aa eeleeeee·e
I William Warner, dr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing
ia a true and apr~of copy of the POWER.OF ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), whl¢~ ia ~11
In roma Ged elfe~
th witoeeawhare~f~ ~ `ve he~unt~ aatmy handanda~xedthe Sea~ of the c~mpany~n~/~(//`~`<//`~`~:~a : :q~,~
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ts directed to the insurance reqmrements below It ts htghly recommended
that bidders confer with thetr respective insurance canners or brokers to determtne tn
advance of Bid submission the availability of tnsurance certtficates and endorsements as
prescribed and provided herein. If an apparent low btdder fads to comply stnctly with the
tnsurance requtrements, that bidder may be thsqualtfied from award of the contract Upon
bid award, all msurance requtrements shall become contractual obhgattons, which the
successful bidder shall have a duty to mmntatn throughout the course of thts contract.
STANDARD PROVISIONS:
Without hrntttng any of the other obhgattons or habtltttes of the Contractor, the Contractor
shall provtde and matntatn unttl the contracted work has been completed and accepted by the
City of Denton, Owner, the mtmmum tnsurance coverage as indicated heretnafler
As soon as practicable after nottficatton of btd award, Contractor shall file wtth the
Purchastng Department sattsfactory certtficates of tnsurance, contatntng the btd number and
title of the project Contractor may, upon wntten request to the Purchastng Department, ask
for clartficatton of any tnsurance requtrements at any time, however, Contractors are strongly
advtsed to make such requests prtor to btd opentng, stnce the tnsurance requirements may not
be modtfled or watved after bid opentng unless a written exceptton has been submitted wtth the
btd Contractor shall not commence any work or dehver any mutenai unttl he or she
recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of
Denton
All insurance pohctes proposed or obtatned tn sattsfactwn of these requirements shall comply
wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf 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 elumnate 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, claun administration and
defense expenses
· Lmbflity policies shall be endorsed to provide the following
· · Name as addmonal insured the City of Denton, ~ts Officmls, Agents,
Employees and volunteers
That such insurance is prnnary 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 llrmt of liability
· All pohc~es shall be endorsed to provide thutty (30) days prior written notice of
cancellation, non-renewal or reduction m coverage
· Should any of the reqmred insurance be provided under a clanns-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
explraUon, such that occurrences arising during the contract term which g~ve rise
to clanns 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 lnmt providing for clanns ~nvestlgatlon or legal
defense costs to be included m the general annual aggregate lnnlt, the Contractor
shall elther double the occurrence lmuts or obtain Owners and Contractors
Protective Liability Insurance
· Should any requuced 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 th~s agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance pohctes proposed or obtatned tn sattsfactton of this Contract shall addtttonally
comply wtth the followtng marked spectficattons, and shall be matntatned tn comphance wtth
these addtttonal spectflcattons throughout the duranon of the Contract, or longer, tf so noted
IX] A General Lmbility Insurance:
General Llabthty insurance wlth combined single lnnlts 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 m a single policy or in a combination of underlying and
umbrella or excess policies
If the Commercial General Llablhty form (ISO Form CG 0001 current edition) is
used
· Coverage A shall include prermses, operations, products, and completed
operations, independent contractors, contractual habfllty 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 Llabthty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, It shall include at least
· Bodily mjury 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 Lmuts (CSL) of not less than 1,000,000 either m a single policy or m 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 automobdcs and mobde equipment used in conjunctxon with this contract
SaUsfactton of the above requirement shall be m the form of a policy endorsement for
· any auto, or
· all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, m
addition to meeting the rmmmum statutory requirements for issuance of such insurance,
has Employer's Liability lumts of at least $100,000 for each accident, $100,000 per
each employee, and a $$00,000 policy lmut for occupational disease The Cxty need
not be named as an '*Additional Insured" but the insurer shall agree to waive all rights
of subrogation against the City, tts 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 Attachraent 1 in accordance
with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker*s Compensation Comrmsslon (TWCC)
Owner's and Contractor's Protective Liabihty Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecutton of
the work under this contract, an Owner's and Contractor's Protective Liability
insurance pohcy naming the City as insured for property damage and bodily injury
winch may arise m 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 hablhty insurance Policy
lmuts will be at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Dnmnge Legal Liability Insurnnce
Coverage ~s reqmred if Broad form General Liability is not provided or is unavadablc
to the contractor or if a contractor leases or rents a portion of a City bmldmg Lmuts
of not less than each occurrence are required
[ ] Professional Liability Insurance .
Professional habfllty insurance Wlth lints not less than per clmm with
respect to negligent acts, errors or onussions m connection with professional services is
requtred under this Agreement
[ ] Builders' Risk Insurance
Bmlders' Pask Insurance, on an All-l~sk form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be reqmred on an mdlwdual basis for extra hazardous contracts
and specific service agreements If such additional insurance is reqmred for a specific
contract, that reqmrement will be described m the "Specific CondlUOns" of the contract
specifications
I
?
I1~1~ LJr~-~l~l
/~
PeOOUCEA TH ~ CER~FI~TE S S~UED ~ A ~ I ~R OF INFO~TIOH
ONLY AND CONFE~ NO R~G~ UPON THE
1507 ~0~ ~ 3S ~E CO~GE~FO~ED BY~E POUCIE~ BELOW
~e; 5~2 -447-?773 ~zS~3-440-0989 INSU~RS ~FORDING ~GE
I INB~ER E
~ L~I~ ~ O~UR~ S ~000000
A X'~o ~AU239742~ ~0/15/98 ~0/~S/99
~8 ~ ~CH OCCURRinG S ~ 0 0 0 0 0
B~n~m~ POL~L~ff S SOOOO0
a~ti~m% ~o~. ~ B~d ~2327 - Bo=e, ~verazty ~r~Ye at B~ ~
CA~ of Do=~, T~ao Should any o~ the above-~escribed policies be
~a~ OAvAsAoa cancelled, nonrene~d or reduct~n in coverage
F~ (S40) 34~-7302 before ~he expira~iou date chereoff. ~b~ ~q~,,~
SOX-B
co.any w~ll ~send 30 days ~lCte~ notice co
Dentes, ~ ?s~0X
TOTAL P 81