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HomeMy WebLinkAbout2002-051ORDINANCE NO. a =- 6951 AN ORDINANCE AUTHORIZING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SITE WORK, FOUNDATION, GROUND GRID, CONDUIT SYSTEM AND FENCING FOR THE INUDUSTRIAL SUBSTATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2795- INDUSTRIAL SUBSTATION SITE WORK, AWARDED TO CAN-FER CONSTRUCTION COMPANY, IN THE AMOUNT OF $259,900). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpublic works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 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 2795 Can-Fer Construction Company $259,900 SECTION 11. 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, 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 Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified 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 hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / * - day of ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:4 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY/ATTORNEY M BID 2795 —Industrial Sdbstatioh- Contractual Ord. Rol * LU \ LU U) U) § z 0 6 B z ) a 0 k LL 0 » k 0 � 2 § ( \..... \ 8 § ( ( i / ) ) ' G = I _ x z z # ) ( z > ± \ A = x § \ \ ( ( ( » / u _ k co E� Ln m @ o z E © § » » z ul > 6/ 2 3 £ / e \ \CO 0 \ /cn > 0 c $ 24 0 ( \ *G E z � � �� U) ( z ~} > )LL 0 3° / 0 \ ■ 0 . CO m CO2 ¥ ) \ \ » y $ 0 * - qco \ kco ) - k CD m m o z $ $ » z > $2 7LO ƒ z a m x \ \ \ \ ( ( 2 o m _ CO j ) 2 �— j 2 *\ \ I ) o — 3 E i$ ƒcz / C) § & _ # 2 m m CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19' day of February 20, A.D., 2002, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Can-fer Construction Company 11150 Morrison Ln of the City of Dallas , 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 in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 2795 Industrial Substation Site Work, Foundations, Ground Grid, Conduit System, and Fence in the amount of $259,900 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 CA-1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton 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. 14Y.MN1 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A TTT7 QT ATTEST: APPROVED AS TO FORM: � ire' TY ATTO Y (SEAL) GArJ—}ee CorJS'(RuC )QrJ CofAe PJY CONTRACTOR MAILING ADDRESS ' 32- q9j-93Yq PHONE NUMBER CA-3 I- lbq-q222 IMM C H auks ;wuR p, V. P - PRINTED NAME (SEAL) F � r BID PROPOSAL To: City of Denton, Texas Purchasing Department 901-B Texas Street Denton, Texas For Bid Number: 2795 Project Title: Industrial Substation Site Work, Foundations, Ground Grid, Conduit System, and Fence From: Company Name: Can-Fer Construction Company Mailing Address: 11150 Morrison Lane City, State, Zip: Dallas, Texas 75229 Telephone: (972) 484-4344 Fax: (972) 484-4223 We offer the bid price stated on the following page in accordance with the specification for the above referenced project with materials to be delivered and work to be completed on the Spencer Utility Site in Denton, Texas. In submitting the attached bids, Can-Fer Construction Company (company name) agrees that acceptance of any or all items by the City of Denton, Texas within 60 days constitutes a contract. The complete bid proposal must be properly priced, signed, and returned. Bidder: Signatu Title: Date: January 31, 2002 Page 1 of 2 BID PROPOSAL Industrial Substation Site Work, Foundations, Ground Grid, Conduit System, and Fence City of Denton Bid Number: 2795 Supplier: Can—Fer Construction Company Bid Summary: Item Price Earthwork 20,000 Gravel 45 ,'000 Foundations 140,500 Ground Grid 15,000 Conduit System 17,500 Fence 21,900 Total Bid Price 259,900 Total bid price in words: Two Hundred Fifty Nine Thousand Nine Hundred Dollars Construction can be completed between March 1, 2002 and June 1, 2002? X Yes No Are there any exceptions to the specifications? None If there are exceptions to the specifications, explain all such exceptions (attach additional page if necessary). Page 2 of Bond No. TX 575951 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Can-fer Construction Company whose address is 11150 Morrison Ln, Dallas, TX 75229 hereinafter called Principal, and Merchants Bonding Company (Mutual) a corporation organized and existing under the laws of the State of Iowa and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two Hundred & Fifty Nine Thousand , Nine Hundred DOLLARS ($ 259,900) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-051 with the City of Denton, the Owner, dated the 191, day of February A.D. 2002 , a copy of which is hereto attached and made a part hereof, for Bid 2795 - Industrial Substation Site Work, Foundations. Ground Grid. Conduit Svstem. and Fence NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or .to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 19th day of Febomma , 2002 ATTEST: PRINCIPAL BY: A"w, �j� lie Can-Fer Construction Ccmpapq SECRETARY BY: UIGE" PkE&WINT rv_0r:16 SURETY Merchants Bonding Company (Mutual) BY: BY: ATTORNEY -IN -FACT Ray Watson The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Ray Watson 1701 N. Greenville, Ste 811 STREET ADDRESS: Richardson, Tx 75081 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 Bond No. TX 575951 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Can-fer Construction Company whose address is 11150 Morrison Ln Dallas, TX 75229 hereinafter called Principal, and Merchants Bonding Company (Mutual) a corporation organized and existing under the laws of the State of Iowa and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Two Hundred & Fifty Nine Thousand, Nine Hundred DOLLARS ($ 259,900 ) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-051 with the City of Denton, the Owner, dated the 191" day of February A.D. 2002 , a copy of which is hereto attached and made a part hereof, for Bid 2795 - Industrial Substation Site Work, Foundations, Ground Grid, Conduit System, and Fence. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 19th day of February , 2002 ATTEST: MIEWMAERVA11110A //PMA!04 ATTEST: 1• : 111101 �1 SURETY Merchants Bonding Company (Mutual) BY: r"'A b - ATTORN Y-IN-FACT Ray Watson The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Ray Watson 1701 N. Greenville, Ste 811 STREET ADDRESS: Richardson, TX 75081 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) BMW Merchants Bonding Company (Mutual) Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), it corporation duty organized under the laws of the State of Iowa, end having Its pdnclpaI office In the City of Des Moines, County of Polk, Stato of Iawaj'ath made, cona8tuted and appointed, end does by these presents make, constitute and appoint Ray Watson of .. Richardson . and State of Texas Its true and lawful Attamey-in-Fad, with full power and authority hereby conferred Ih Its name, place and stead; to slgn, execute, acknowledge and deliver In its behalf as surety any and all bonds, undertakings, racognlzances or other written obligations In the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount at FIVE MM0N (S5,000,000,00) and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fullyand to the same extentas 9 such band or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of sald Attomey-in-Fad, pursuant to the authority herein given, ere hereby ratf led and confirmed.. - This Pcwercf-Attomey is made and executed pursuant to and by authority tithe following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October3, 1992. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomays•in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and otherwritings obligatory In the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when sc used shall have the same force and effect as though manually fixed. . In Witness Whered, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and Its corporate seal to be hereto affixed, this 1st day at January , 2001 , STATE OF IOWA COUNTY OF POLK as. MERCHANTS 50NOING COMPANY (MUTUAL) By / Y / President On this 1st . day of January , 2001 , before me appeared Larry Taylor, to me personally known, who being by me duly swam did say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described In the foregoing Instrument, and that the Seal affixed to the said Instrument Is the Corporate Seal of the said Corporation and that the said Instrument was signed and sealed In behalf of said Corporation by authority of Its Board of Directors. In Testimony Whered, I have hereunto set my hand and affixed my Officlal Seal at the City of Des Moines, Iowa, the day and year first above written. O4 eh Notary'PuMc,'Pdk CoLnV,, k" STATE OF IOWA COUNTY OF POLK as. 1, Wllllam Warner, Jr„ Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify, that the above end foregoing Is a bve and cored copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which Is still In farce and effect: In Wltnms Whereat, I have hereuntoset my hend and affuad the seal of the Company on this lgth day of February, 2002 \µG Co' . 't / Lo C 2d in d, kac ceu navel 0o°'oRPO' M-f ;�''a 1933 �;•c ) Secretary i Merchants•Bonding Company Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200 R O: Box 26720 Austin; TX 78755-0720 (512) 343-9033 COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have filed, write to the company that issued the bond or policy. If the problem is not resolved, you may also write to 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 or policy. M5c 0838 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the 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: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. C Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. 00 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. • All policies shall be endorsed to READ: • "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED", • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X ] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. (] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] 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. ATTACHMENT 1 [X ] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing. that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Feb 06 02 07:46a CAN-FER Construction Co. 5724844223 FEB-05-2002 04;34 eGU—u .... laK l irIVA I L ur LIAbiLl I Y IN,UKANt:�g {�w� a a -.-.--A.-- .- F ROOUCER Independent Insurance Group 3010 LBa rzceuay Ste. 920 Dallas TX 75234-7004 Phona:972-231-8277 Can-Fer Construction Co. Charles P_erroaora DallasMTx 75229Lanc INSURER 0: IERAGE AFFORDED BY THE POLICII INSURERS AFFORDING COVERAGE p.2 P.01/02 uw ¢ IMNruw,+, THE POLICIES OF MSUAANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOINO ANY AEOUIREMENT. TERM OR CONDITION OP ANY CONTRACT OR OTNEA DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR NIIIY PERTAIN, THE INSURANCE AFFORDED BY YNE POLICIES OESCRIBEO NEREIN IN SUBJECT TO ALL THE TERMR, EACLUIWNS AM WNW IONS Os SUCH POLICIES. AGGREGATE LPAITS SHOWN MAY HAVE BEEN NECUC SO BY PAID CLAIMS. INS LTR TYPE Of INSURANCE POLICY NUMBER p M "UPTI DATE MMA)OA^I LNIRS A OBNEMLLIABILITY X COMMERCIAL GENERAL LIABILITY I CPP132855700 --L- CLAIMS MADE I7 OCCUR I 12/31/01 12/31/02 EACH OCCURRENCE FIRE DAMAGE vmv*" wo MEO EAP ww o%Pula.) 111 OO.000 vI00,000 I s 5 , 000 PERSONALS ADY INJURY s1,000 000 E2,000, 000 GENERAL AGGREGATE -_-- GEN'L4GGREGAit LIMIT APPLIES PER' PRODUCTS• COMPIOP AGO 72,000, 000 POLICY PRCTFI LaC I - -— A AUTOMOBILE LIABILITY XI ANYAUTO CA132855600 12/31/01 12/31/02'IEe COMBINED SINGES LIMIT s1,000,000 BODILY INJURY (PIN wwn) ALL OWNED AUTOS SCNEOULEDAUTOS A B000.Y INJURY IPPr APNMMl X HIREOAUTOS . X NC"%NwQO nUTOf I I S 8 Hired Car PD I LIMIT $25,000 I PROPERTY DAMAGE L __..._ GARAGE LMaLRT AUTO ONLV-EA ACCIDENT A EAACC 1 OTHERTHAN ANY AUTO S _.._ S AUTO ONLY' AGO EBCE66lWBILITY EACH OCCURRENCE E2 OOD 000 1 AGGREGAT E $2,000 D00_ A X OCCUR cLAIMBMADE CU132946600 12/31/01 12/31/02 s s DeOucnaLe _ RETENTION A S A WORKERS OOMPENSATION AM EMPLOYERS'LIABNJTY %CT 32856000 I 12/31/01 12/31/02 X TORY LUHIiN ER El EACHIACCInrNT � A 500, 000 E.L ONIRASE-EAEMPLOVEE A Soo OOO _ i E.L DISEASE -POLICY LIMIT Is50O 000 OTHER A Lease/Ranted Equip IM132GS5900 12/31/01 12/31/02.I ItemLimit 500,000 55,000 dad. MaxLimi! 1,500,000 OEBCRIPTIOEI OF OPERAImNEILOCATIDNBNBNICLBBIB%CLUBpNBADDEO BY ENOOP11 NLSPEM" PROVISIONS Re: Project 02-96 Sea at-tachod warding CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTERI CANCELLATION CITYDEN SKOULGANYOF TNEABOUEOESCRIBED POLICIES BE CANCELLED BEPOM1ETHE [RPIRATKIN OATSTWRNOA, THB NHIUW0INSURCR MILL BNOEAVOR TO MAII 30 DAYBWRITTEN NOTICE TO THC OBRYWAIW E HOLDEN NAMED TO THE LEFT. BUT FAILURE TO DO EO SHALL City of Denton IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR 215 E. McKinney RePResenTAnves. Denton TX 76201 11,E i Feb 06 02 07:46a t-EH-05-2002 e4;34 CAN;--FER Construction Co- 3724844223 P.02/02 p. 3 ....... ...... . . City of Denton, its Officials, Agents, rJaPlaYses, and Volunteers are liste d as additional insured, A waiver of subrogation applion to the Workers' Compensation policy in favor of the City of Denton, its Officials, Agents, Employees and Volunteers. Said policy shall. net be cancelled, nonrenewed or materially change without 30 days advanced written notice being given to the owner (City) excepet when the policy is being cancelled for nonpaym ant of premium in which case 10 days advance written notice is required. TOTAL P.02