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HomeMy WebLinkAbout2001-361ORDINANCE NO O?��/"3�0 / AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE REMOVAL AND DISPOSAL OF LEAD BASE PAINT & ASBESTOS AT THE NEW CENTRAL FIRE STATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2727 — REMOVAL AND DISPOSAL OF LEAD BASE PAINT & ASBESTOS AT THE NEW CENTRAL FIRE STATION, AWARDED TO SOUTHWEST CONSTRUCTORS, INC, IN THE AMOUNT OF $28,728) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SF,CTION 1 That the following competitive bids for the construction of public works or improvements, as described in the 'Bid Invitations", 'Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2727 Southwest Constructors, Inc $ 28,728 SECTION 2 That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such 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 3 That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION 4 That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION 5 That this ordmance shall become effective immediately upon its passage and approval L� > PASSED AND APPROVED this the day of 2001 Ik EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY w d� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY m 2727 Removal and Disposal of Asbestos - Containing Bid # 2727 CITY OF DENTON Roof Materials and Lead Based Paint at Old Power Plant/ August 17, 2001 New Central Fire Station CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 18 day of September A D , 2001, by and between City of Denton of the County of Denton and State of Texas, acting through Mike Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Southwest Constructors, Inc P 0 Box 50469 Austin TX 78753 of the City of Austin, County of Travis 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 # 2727- Removal and Disposal of Asbestos Containing Roof Matenals and Lead Based Paint at Old Power Plant/New Central Fire Station in the amount of $28,728 00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by Ray Easley Easley Consulting Enterprises and City of Denton Staff All of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract CA-1 71 Removal and Disposal of Asbestos - Containing Bid # 2727 CITY OF DENTON Roof Materials and Lead Based Paint at Old Power Plant/ August 17, 2001 New Central Fire Station 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 72 Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fire Station CITY OF DENTON August 17, 2001 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST 04t.t�.��i� .« M • BY �Afff, /c MAILING ADDRESS r 40 PHONE NUMBER FAX NUMBER BY l—VfAgt ilt MAr.l14G+E TITLE PRINTED NAME CA-3 (SEAL) 73 Removal and Disposal of Asbestos - Containing Bid # 2727 CITY OF DENTON Roof Materials and Lead Based Paint at Old Power Plant/ August 17, 2001 New Central Fire Station CONTRACT DOCUMENTS Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid # 2727) and Removal and Disposal of Asbestos - Contaimng Roof Materials and Lead Based Paint at Old Power Plant/New Central Fire Station, and having examined the premises and circumstances affecting the work, the undersigned offer OFFER 1 To f irmsh all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Removal and Disposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Plant/New Central Fire Station for the following area Please check below to indicate local vrreference A bidder must request local preference consideration by checking the box below The City will determine per State Law the bidder's qualifications as a local business By not marking the box below, the bidder waives his right to the 3% local preference rule ❑ Apply 3% Local Preference Due being a qualified local business as deternnned by the City of Denton in accordance with State Law Note Write "No Bid" in the appropriate total column, if not bidding that Item (Umt Price Bid is required when bidding that item UNIT PRICE BID ESTIMATED QTY PER UNIT PRICE ITEM A Lead Based Paint Removal 1,000 LF 1.�6 IMLF ITEM B Asbestos Abatement 750 Sq Ft p 00 .Sq Ft TOTAL A -Lead Based Paint Removal ^^jµa„�,,.,a t,I7uE. UuNour� $4Z.9 ec In Words SitV -ago i TOTAL -Asbestos Abatement _ ! Iouaw.+pSEVEA1 V6JWXuArTVT In Words TOTAL A and B In Words 11 NO OF DAYS UNIT PRICE TOTAL INCREASE/DECREASE C Add/Deduct For Reduction in Proposed Schedule $ $ 57 Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fire Station CITY OF DENTON August 17, 2001 TOTAL EVALUATED BID (A, B & C�iell,Y7SGFT9.Oo�EI/fi�lfD $ 2 P,?Z8 °Q In Words MATERIALS ;�. TOTAL EXAMINATION OF SITE By signing the Proposal Form, contractor acknowledges he is an authorized representative and has examined the site and is aware of all field conditions, which may affect the work TAXES Tax shall not be included in your bid Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT (110%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND The undersigned agrees to complete all work shown on the drawings and in the specifications within the time luruts set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits The time limits are as follows All work is to be started and completed within 10 (forty) work days Work days are defined in the Supplementary Conditions If a contractor is awarded the project, the project must be completed within the dates shown above or the contractor will be subject to liquidated damages as set forth below U-1 Removal and Disposal of Asbestos - Containing Bid # 2727 CITY OF DENTON Roof Materials and Lead Based Paint at Old Power Plant/ August 17, 2001 New Central Fire Station PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Southwest Constructors, Inc, whose address is P O Box 50469 Austin Tx 78753 hereinafter called Principal, and, Gulf Insurance Companv a corporation organized and existing under the laws of the State of Missouri , 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 TWENTY EIGHT THOUSAND SEVEN HUNDRED TWENTY EIGHTDOLLARS ($28 728 00 plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages ansing 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 bmd 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 2001-361, with the City of Denton, the Owner, dated the 18`i' day of September A D 2001, a copy of which is hereto attached and made a part hereof, for Bid # 2727 Removal and Disposal of Asbestos — Containing Roof Materials and Lead Based Paint at Old Power Plant/New Central Fire Station 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 74 Removal and Disposal of Asbestos - Containing Bid # 2727 CITY OF DENTON Roof Materials and Lead Based Paint at Old Power Plant/ August 17, 2001 New Central Fire Station PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall he in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters ansing 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 anoriginal, this the 25thday of September 2001 ��• it �`�i� u\� ATTEST / t 1�37�►�17fi i �/���l��hg'V �, rr •D I SURETY Gulf Insurance Company BY --OFATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis NAME Thomas M 7,P lP STREET ADDRESS 4600 Fuller Dr. Irvina TX 75038 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB-2 75 Removal and Disposal of Asbestos - Containing Bid # 2727 CITY OF DENTON Roof Materials and Lead Based Paint at Old Power Plant/ August 17, 2001 New Central Fire Station PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Southwest Constructors Inc, whose address is P 0 Box 50469 Austin, TX 78753 hereinafter called Principal, and Gulf Insurance Comnanv , a corporation organized and existing under the laws of the State of Missouri , 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 TWENTY EIGHT THOUSAND SEVEN HUNDRED TWENTY-EIGHT DOLLARS ($28 728 00) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2001-361, with the City of Denton, the Owner, dated the 18th day of September A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2727 Removal and Disposal of Asbestos — Containing Roof Materials and Lead Based Paint at Old Power Plant/New Central Fire Station 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 PB-3 76 Removal and Disposal of Asbestos - Containing Bid # 2727 CITY OF DENTON Roof Materials and Lead Based Part at Old Power Plant/ August 17, 2001 New Central Fire Station 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 ansing out of such surety, 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 onginal, this the 25th day of September , 2001 rlk,111000111 1, "m 15114 M-1=1� ATTEST PRINCIPAL S St •.'� •.: ctors Inc. SURETY The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis NAME Thomas M. Zale STREET ADDRESS 4600 Fuller Dr Irving TX 75038 (NOTE Date of Payment Bond must be date of Contract If Resident Agent as not a corporation, gave a person's name) 77 Removal and DiVosal of Asbestos - Containing Bid # 2727 CITY OF DENTON Roof Materials and Lead Based Paint at Old Power Plant/ August 17, 2001 New Central Fire Station 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 camers 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 matenal 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 Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional 78 Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fire Station CITY OF DENTON August 17, 2001 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, NONRENE WED 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 claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS. All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted* [XI 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 79 Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fire Station CITY OF DENTON August 17, 2001 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 ansmg 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 Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fire Station CITY OF DENTON August 17, 2001 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 anse 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 carves 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 81 Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fire Station ATTACHMENT CITY OF DENTON August 17, 2001 [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 401011(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 014 Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Pamt at Old Power Plant/ New Central Fire Station CITY OF DENTON August 17, 2001 (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 penod 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 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, 83 Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fire Station CITY OF DENTON August 17, 2001 (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 carver 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 Bid 2727 — Removal and Disposal of Asbestos — Containing Matenals and Lead Based Paint at Old Power Plant/New Central Fire Station 84 r+ GULF INSURANCE COMPANY SST LOUIS, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWE ff ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK DUPLICAT S SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISS ED IN CONJUNCTION WITH THE ORIGINAL KNOWN ALL MEN BY THESE PRESENTS That the Gulf Insurance Company a corporation duly organized under the laws of the State of Missouri having its principal office in the city of Irving Texas pursuant to the following resolution adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the loth day of August 1993 to wit RESOLVED that the President Executive Vice President or any Senior Vice President of the Company shall have authority to make execute and deliver a Power of Attorney constituting as Attorney in Fact such persons firms or corporations as may be selected from time to time and any such Attorney in Fact may be removed and the authority granted him revoked by the President or any Executive Vice President or any Senior Vice President or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors RESOLVED that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s) in fact to sign execute, acknowledge deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company RESOLVED that the signature of the President Executive Vice President or any Senior Vice President and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile and any such powers so executed and certified by or signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached Gulf Insurance Company does hereby make constitute and appoint BOND NUMBER BE 1837254 NAME ADDRESS PRINCIPAL CITY STATE ZIP Southwest Constructors Inc P.O. Box 50469 Austin, TX 78763 EFFECTIVE DATE September 18, 2001 CONTRACTAMOUNT $ 28,728.00 BONDAMOUNT $ 28,728 00 William Gammon, III Matt Berry Andrea H Peck its true and lawful attorney(s) in fact with full power and authority hereby conferred in its name place and stead to sign execute acknowledge and deliver in its behalf as surety any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) in fact pursuant to the authority herein given are hereby ratified and confirmed The obligation of the Company shall not exceed five million (5 000 000) dollars IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed aB�PANCF o J � �taPOggl� °yy a 2 SEAL STATE OF NEWYORK SS M,F8o COUNTY OF KINGS GULF SURANCE (CCO',�MPAAN.�Y P Lawrence P Miniter Executive Vice President On this 28th day of July, 2000 A D , before me came Lawrence P Miniter, known to me personally who being by me duly sworn, did depose and say that he resides in the County of Bergen, State of New Jersey, that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above Instrument, that he knows the seal of said corporation, that the seal affixed to the said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order Op.J\D Jgpa,9 2OT�L m STATE OF NEW YORK } SS COUNTY OF NEW YORK OF Nam, V� David Ja� Notary Public, State of New York No 02JA4958634 Qualified in Kings County Commission Expires December 30 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force • - ,/� �PPNOF J x�r' 1`+ 2010 Signed and Sealed at the City of New York 4se•�PPoggraco,y Dated the /[ �..� day, � x, o EAL S Geor a Biancardi Senior vice President 8024 BE (7/2000) GULF i INSURANCE COMPANY ST LOUIS, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POIIII ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK DUPLICAT S SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISS ED IN CONJUNCTION WITH THE ORIGINAL KNOWN ALL MEN BY THESE PRESENTS That the Gulf Insurance Company a corporation duly organized under the laws of the State of Missouri having its principal office in the city of Irving Texas pursuant to the following resolution adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the loth day of August 1993 to wit RESOLVED that the President Executive Vice President or any Senior Vice President of the Company shall have authority to make execute and deliver a Power of Attorney constituting as Attorney in Fact such persons firms or corporations as may be selected from time to time and any such Attorney in Fact may be removed and the authority granted him revoked by the President or any Executive Vice President or any Senior Vice President or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors RESOLVED that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s) in fact to sign execute acknowledge deliver or otherwise issue a policy or policies of Insurance on behalf of Gulf Insurance Company RESOLVED that the signature of the President, Executive Vice President or any Senior Vice President and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached Gulf Insurance Company does hereby make constitute and appoint BOND NUMBER BE 1837255 PRINCIPAL NAME ADDRESS CITY, STATE ZIP Southwest Constructors, Inc P 0. Box 50469 Austin, TX 78763 EFFECTIVE DATE September 18, 2001 CONTRACT AMOUNT $ 28,728100 BONDAMOUNT $28,728.00 William Gammon, III Matt Berry Andrea H Peck its true and lawful attorney(s) In fact, with full power and authority hereby conferred in its name place and stead to sign execute acknowledge and deliver in its behalf as surety any and all bonds and undertakings of suretyship and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds undertakings and documents relating to such bonds andlor undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) in fact pursuant to the authority herein given are hereby ratified and confirmed The obligation of the Company shall not exceed five million (5 000000) dollars IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seat to be hereto affixed 9V RANCE C J `a p,POAq,. C'r'.o � cP F i } S SS STATE OF NEWYORK SS013 ` COUNTY OF KINGS GULFPNCE C+��� O'MPA��N/Y-- Lawrence P Minter Executive Vice President On this 28th day of July, 2000 A D , before me came Lawrence P Miniter, known to me personally who being by me duly sworn, did depose and say, that he resides in the County of Bergen, State of New Jersey, that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument, that he knows the seal of said corporation, that the seal affixed to the said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order PJ\D JAFp O ?OTC<9 STATE OF NEWYORK } SSA�s\�o o� COUNTY OF NEWYORK OFNE`�y ba'j David J Notary Public State of New York No 02JA495B634 Qualified In Kings County Commission Expires December 30 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force Signed and Sealed at the City of New York `a�pFCR T� p;z Dated the S J EAL M,sso George Biancardi Senior vice President 8024-BE (7/2000) CORPORATE RESOLUTION I, Ross M. Rethaeber. Secretary of Southwest Constructors Services, Inc, a Texas corporation hereby certify that at a meeting of the Board of Directors of said corporation held on September 1, 2000: the following resolution was unanimously adopted, and that said resolution remains unchanged and in full force and effect as of the date below stated Resolved, that each and any of the persons named below be, and are hereby authorized and inpowered in the name and on behalf of this corporation, to execute bids, bid bonds, payment and performance bonds and/or contracts in regard to transactions between this corporation and any party for the performance of construction, demolition, asbestos abatement, lead removal and any and all other such contracts as may be reasonably necessary for this corporation to carry out Its business, NAME Ellen Rathgaber Miura Oil #A Af Vice President William J. Post General Manager In witness whereof I have hereunto set my hand thlsISL day of _, 2000 Subscribed and sworn to before me this _&day of`oX�p� 2000 W 6U `NNE CTARY PUATEOFTomm t two TE 1 Acow CERTIFICATE OF LIABILITY INSURANCk01WEgA2 DA09/25/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE William Gammon Insurance HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1615 Guadalupe ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Austin TX 78701 INSURERS AFFORDING COVERAGE Phone 512-477-6745--- INSURED I INSURER Royal Surplus- Lines -Ins Cc INSURER B Royal Insurance CO Southwest 5 s$s ructora, Inc INsuaeRc Southern County Mutual $ gp48 IINSURERD Texas WC Ins Fund Austin COVERAGES THE POLICIES 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 TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS--y�EF L R TYPE OF INSURANCE POLICY NUMBER A F•ECTKVE�PDATE (EXFIRA�A LIMITS D TE MMIDDIYY DATE MWRA_T1 I— EACH OCCURRENCE $6,000,000 GENERAL LIABILITY A IIX�COMMERCIALGENERAL LIABILITY KZE530428 -- 05/19/01 05/19/02 1 FIRE DAMAGE (my one fire) $50,000 CLAIMS MADE X I OCCUR �MED EXP (Any one person) $ 5,000 - PERSONALS ADVINJURY $6,000,000 " GENERAL AGGREGATE $6,000,000 GEN L AGGREGATE LIMIT APPLIES PER (PRODUCTS COMPIOP AGG $61000,000 POLICY I I PRO LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IEaa"'d- $ 11000,010 C II ANY AUTO STC543049-0 05/19/01 05/19/02 ALL OWNED AUTOS 1 BODILY INJURY (Per person) $ IIf X SCHEDULED AUTOS I - - — '- _X HIRED AUTOS BODILY INJURY (Per eccldenD $ X NON OWNED AUTOS - PROPERTYGE $ � (Peraodtlent) AUTOONLV EAACCIDENT $ I GARAGE LIABILITY EA ACC $ ANY AUTO OTHER THAN AUTO ONLY qGG $ EACH OCCURRENCE $ 5,000,000 1 EXCESS LIABILITY PHAO15772 1 05/19/01 05/19/02 AGGREGATE $5,000,000 B X (OCCUR CLAIMS MADE $ $ DEDUCTIBLE - - $ RETENTION $ WORKERS COMPENSATION AND I EMPLOYERS LIABILITY TSF11620702 TORV LIMITS ER 05/19/01 05/19/02 1 EL EACH ACCIDENT $ 1000000 D I EL DISEASE EAEMPLOYEEI $ 1000000 EL DISEASE POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIE%CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Name of Project City of Denton #2727, Old Power Plant -Denton, TX Job Description Removal & Disposal of Lead & Asbestos City of Denton, Its Officials, Agents, Employees and Volunteers are named as additional insureds on the General Liability Policy GCF(I II'II,XIC IIVIvcn av 1+���• _. _ CITDE-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR City of Denton REPRESENTATIVES 901E Texas Street Denton TX 76201 sOWES-2 _ PAGE 2 NOTEPAD:I INSURED'SNAME Southwest Constructors, Inc OP ID GA DATE 09/25/01 This insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy "Said policy shall not be cancelled, nonrenewed or materially change without 30 days advanced written notice being given to the owner (City)except whet the policy is being cancelled for non payment of premium in which case 10 days advance written notice is required Waiver of Subrogation applies to Workers Compensation for the City of Denton, its officials, agents, employees and volunteers for work performed for the City by the named insured