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HomeMy WebLinkAbout1992-016ORDINANCE NO '?A -D//a AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the con- struction 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 be- ing the lowest responsible bids 1321 Southwest Industrial Constructors, Inc $24,203 00 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 with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, 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 Bid Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained 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 Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto ,SECTION V That this ordinance shall become effective im- mediately upon its passage and approval PASSED AND APPROVED this thl= day of ,1992 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY DATE January 21, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1321 - CONCRETE FOUNDATION FOR ARCO SUBSTATION RECOMMENDATION We recommend this bid be awarded to the low bidder Southwest Industrial Constructors, Inc in the amount of $24,203 00 SUMMARY This bid is for all labor and materials to construct a concrete foundation for the Arco Substation Southwest Industrial Constructors was the lowest of six bidders BACKGROUND Tabulation Sheet, PUB Meeting Minutes January 15, 1992 PROGRAMS. DEPARTMENT OR GROUPS AFFECTED Electric Substation, Electric Utility and Citizens of Denton FISCAL IMPACT Funds for this project will come from Electric Bond Funds Account #612-080-RB90-F000-9217 Respec lly/ submitted Lloyir V Harrell City Manager Approved by 1 1 —heJv, 'axa„r�-o�P Name Denise Harpoo Title Senior Buyer DH/7h 227 DOC TAN-15- 92 WED 15 09 ID ITY OF DENTON UA TEL NO 817-566-8120 #852 P01i01 13 Excerpt Minutes of public Utilities Board January 15, }992 R THE CONSIDER ONO CONCRETE E41u p? I FOUNDATIONS FOR THE ARCO INSTALLATION BID #1321 Southwest Harder Industrial reviewed Denton, in othetl am' accepted Frady made a motion to re ndu accept the low bid of Southwest motion by Laney All ayes, no nay , the low bid of six biddera, it of $24,203 ($264 SRu Yd) be end to the in the amount of $24 203Counell hsecond ial CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 21 day of JANUARY A.D., 19 92, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so hereinafter termed 'OWNER," and to do, SOUTHWEST INDUSTRIAL CONSTRUCTORS 121 EXPOSITION ST, DENTON, TEXAS 76205, of the City of DENTON , County of DENTON 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 in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1321 - CONCRETE FOUNDATION FOR ARCO SUBSTATION in tha nmmint of $24,203.00. 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 attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF , , all of which are made a part hereof and collectively 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 considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: APPROVED AS TO FORM: a r � i Attorney CA-3 0114s (SEAL) SOUTHWEST INDUS NSTRUCTORS CONT By. TiCle ^RRY W. LEWIS, PRESIDENT (SEAL) BID NUMBER 1321 Page 8 of 9 BID PROPOSAL 1. Material, labor, supervision, tools and equipment necessary for the construction of the concrete foundations according to the attached plans. Estimated quantity of 91.4 cubic yards on concrete: Unit price $ vie , Y4) per cubic yard Total $ oiD , o o Days to complete project ' tU Statement of Materials and Other changes Materials Incorporated into the Project $ /.t.,V-3% o " All other charges $ Z�. 71-4., o� Total $ The bidder submitting the lowest acceptable bid for performing the new construction project will fill in the blanks when executing the contract. The total bid and the total for the statement of "Materials and Other Changes" should be the same. 1231.DOC .3ID NUMBER 1321 PAGE 9 of 9 TOTAL BID PRICE IN WORDS in the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. 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 Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. 'Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. .�bg7f//v�ST �N.�vST.¢r�•9G Co.JST/2tJc.To.�S , /nG • CONTRACTOR BY V: F` Street Address ?74!5'V7T' 1/ TlL . 7e. 20 5 City and State Sea'_ & Authorization (1_ a Corporation) 917-f�4-1899 Telephone PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF DENToN )( BOND NO. 382-1589 KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTORS , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and UNIVERSAL SURETY OF AMERICA , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of TWENTY FOUR THOUSAND TWO HUNDRED AND THREE AND no/100-----------Dollars ($ 24,203.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 21 day of JANUARY , 19 92 , for the construction of BID #1321 - CONCRETE FOUNDATION FOR ARCO SUBSTATION in the amount of $24,203.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 OIMIs W041 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings 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. IN WITNESS WHEREOF, the said Principal and Surety have signed anc sealed this instrument this 28th day of January , 19 92. SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. UNIVERSAL SURETY OF AMERICA Principal By `/ T.E. STANEK Title VICE PRESIDENT Address 121 Exposition Denton, TX 76205 (SEAL) Surety Pauline L. Lesch Title Attorney -in -Fact Address P. 0. Box 1150 Lewisville, TX 75067 The name and address of the Resident Agent of Surety is: PCL INSURANCE AGENCY, INC. 206 Elm St., #105, Lewisville, TX 75057 (SEAL) NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b PAYMENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( BOND NO. 382-1589 KNOW ALL PEEN BY THESE PRESENTS! That SOUTHWEST INDUSTRIAL CONSTRUCTORS of the City of DENTON_ County of DENTON _, and State of TEXAS , as principal, and UNIVERSAL SURETY OF AMERICA authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of TWENTY FOUR THOUSAND TWO HUNDRED AND Tj1RCE rd „�/100------- Dollars ($ 24,Y03.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 21 day of JANUARY 19 92 Bid #1321 - CONCRETE FOUNDATION FOR ARCO SUBSTATION I- to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and oaterial to him or. a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; ER, that his provisions of ArtticlleD316000of the revisedtCivilbond S statutes of Texas as amended is executed pursuantthe the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings 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. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of January , 19 92 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC Principal By ✓ l T.E. STANEK Title VICE PRESIDENT Address 121 Exposition Denton, TX 76205 (SEAL) UNIVERSAL SURETY OF AMERICA Surety Pauline L. Lesch Title Attorney -in -Fact Address P. 0. Box 1150 Lewisville, TX 75067 The name and address of the Resident Agent of Surety is: PQL INSURANCE AGENCY, INC. 206 Elm St., #105, Lewisville, TX 75057 PB-4 0092b (SEAL) r •A 3IMS W08A !AI:,TENk,'CE BOND BOND NO. 382-1589 STATE OF TEXAS )( COUNTY OF DENTON )t KNOW ALL MEN BY THESE PRESENTS: THAT SOUTHWEST INDUSTRIAL CONSTRUCTORSas Principal, and UNIVERSAL SURETY OF AMERICA a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of TWO THOUSAND FOUR HUNDRED TWENTY AND 30/100------------------------------- Dollars 2,420.30 , 10( of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said SOUTHWEST INDUSTRIAL CONSTRUCTORS has this day entered into a written contract with t e said City of Denton to build and construct BID Il1321 - CONCRETE FOUNDATION FOR ARCO SUA�TATTON ^_ which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and_in case the said Contractor shall fail to repair, reconstruct or maintain said Improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. 0093b MP-1 F F. U 11 5611C F. ] NOW, THEREFORE, if agreement to maintain said construction and period of one (1) year, as herein and said shall be null and void and have no further force and effect. the said Contractor shall perform its keep same in repair for the maintenance contract provided, then these presents effect; otherwise, to remain in full It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. as Contractor and Principal, has caused these presents to be executed y and the said UNIVERSAL SURETY OF AMERICA as surety, has caused these presents to be executed by its Attorney -in -Fact Pauline L. Lesch and the said Attorney -in -Fact has hereunto set i�i sad this28th day of January , 19 92 . SURETY: UNIVERSAL SURETY OF AMERICA BY: 'A&6 t:4,Ui Pauline L. Lesch Attorney -in -Fact Attorney -in -Fact PRINCIPAL: SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. J1'7 e T.E. STANEK, V.P. 121 EXPOSITION STREET DENTON, TEXAS 76205 11B-2 0093b UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 GPA 329 1589 For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If Last Four Digits Appear In Red GENERAL POWER OF ATTORNEY — CERTIFIED COPY Know Ali Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Pauline L. Lesch Clem F. Lesch Don E. Cornell of Lewisville and State of Texas its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Bonds not to exceed $250.000. unless such is accompanied by a letter of authority signed by the President, Secretary or Executive Vice President of iJniversnl Surety of America and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s}in-Fact may do within the above stated limitations, and such authority is to continue in force until October 1 , 1993 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the I Ith day of July, 1984. "Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of an), officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President. John Knox. Jr, and its corporate seal to be hereto affixed this 1st day of March , A.D„ 19 90 zy.... E�G..1, UNIVERSA RET A n' By. State of Texas .•` : John nox,`Jr. President ss: County of Harris E„ On this Ist day of March , intheyear 90 ixfore me Wend3 W. Stuckey a notary public, personally appeared John Knox, Jr. , personally known to me to be the person who executed the within instrument as President , on behalf of the corporation therein named and acknowledged to me that the corporation executed it. "'„<,�,9',•V Notary Public 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. GIVEN under my hand and the seal of said Company, at Houston, Texas, this 28th day of January , 1992 . C?� `� :;z s«retary COMPLAIN T NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512)475-1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond. Any instrument issued in excess of the penalty stated above is totally void and without any validity. 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 endorse- ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the 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. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: o 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:VII o 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. APPROVED 12-18-91 Insurance Requirements Page 2 o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. o 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. o 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. o 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: APPROVED 12-18-91 Insurance Requirements Page 3 [x] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500 000.00 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: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [x] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ $500,000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) APPROVED 12-18-91 Insurance Requirements Page 4 [g] workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] 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. APPROVED 12-18-91 Insurance Requirements Page 5 [ ] 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. [ ] 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. OOOED APPROVED 12-18-91 rn r. AMORS 106 Ell, 'FIN WIT tok-MME JNoorP 9-1,1N12- .07A•-3 4011- if . .... 4�,IiA X, MIR "1 0 /25192 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INF0RikfiiW-&LV-ii6 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Ramey King & Minnis Insurance POLICIES BELOW. 101 S. Locust ............................ ........ . ..... ... .. .... ........... .. .. .. . .. .. .. .. .. ................ .............................................. Suite 707 COMPANIES AFFORDING COVERAGE Denton TX 76201- ................................................................................................................................................... CODE SUB -CODE ER COMPR ANY A New Hampshire . ... . .... .. cowANY B Lumbermen Mutual LETTER INSURED Southwest Industrial . .. . . . .. .. .. . .. .. .. .. ....... .. .. .. ........................................................ COMPANY C LETTER ConstructorsInc ...... .. .. .. .. ...... ....................................................................... ................ 121 Exposition COMPANY D Denton TX 76201. LETTER .... .. .. .. . . . . ... . .. . .. ....... .. ........................................... COMPANY E LETTER THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCHES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ........... I ..................... .. . ........ ...... ... .................................... .... ................................. ........................................................ .. .. 0: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPMTIOK DATE (MMIDD" DATE(MMMD" LAM TR A GENERAL ** ** * * * TCPi 2'0" 1­ 10/01/91 1*'/9" 2­ COMMERCIAL GENERAL LABILITY .......... ..... CLAIMS MAN X OCCUR. OM49M & CONTRACTORS PROT. The inclusion of more than one insured shall not Operate to increase the insurer's limit of liability ..................... ............. ... .. . . . ........... ......... ................... A AUTOMOBILE LIABILITY BA7545200 10/01/91 10/01/92 X ANY AUTO X ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY .. . . .. .. .. . . . .. . . . . .. ................ .................................. — ........... — — . . . . ............. .................. A. EXCESS LIABILITY UL3270390 10/01/91 10/01/92 UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS C011PIDISATION AND 3BA011087-00 10/01/91 10/01/92 EMPLOYERV LIABILITY OTHER Additional Insured: City of Denton, its Officials, Agents, Volunteers DESCRIPTION OF GENERAL AGGREGATE :3 .............................. 2000000 PRODUCTS-COMPIOP AGO. :S co ................................................ PERSONAL & ADV. BUURY ...................................... :$ 1000000 EACH OCCURRENCE s io;� ................................................. FIRE DAMAGE (Any cIrxI fife) ... ................................... i3 50000 MED. EXIIENSE (Any rrmiI Perm):$ 5000 COMBINED SINGLE 1000000 LIMIT . .. .......... BODILY RAW ...................................... (Par person) .... BODILY INJURY . ..................................... (Per smIdeno .............................. .. .... .. .... ................................. PROPERTY DAMAGE 6 - - .. ....- -. - .. .... E AC H 0 C C URRIENC'E"" ................ i. ij� 0000 AGGREGATE ..... .. ... .. ;$ . . 1000000 Such insurance Is primary to any other Insurance available to the additional insured with respect to claims covered under the policy and that this insura nce applies separately to each Insured against whom claim us made or suit is brought. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton, its Officials, Agents, Employees, Volunteers i. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Denton 901B Texas Street MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton TX 76201- LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OP" KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.