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HomeMy WebLinkAbout2001-441ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A BASKETBALL COURT AT NORTH LAKES PARK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2739 —NORTH LAKES BASKETBALL COURT AWARDED TO JONES AND JEFFREY CONSTRUCTION, INC IN THE AMOUNT OF $34,044) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of 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 SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2739 Jones and Jeffrey Construction, Inc $34,044 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply 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 V aday of 2ZV4j161Wd0&,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY r APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / C BID 2739 - CONTRACTUAL ORDINANCE Attachment ! ■ 7 c U & O � � � Co w Y k Co Y � � m L \ � I # � O 3 k 0 \ / E 8\ CD0) a 2 $ » k c E 6 S 0 ■ _ 0 # 2 / k * \ / $ § R m 3 ® § \ © 00 » $ _ & Q { 6 § E n g k / \ / k \ \ k � $ C c j / \ k \k§ a k/\k / ®§ \ �b }tu z[ ° $ zB 2S2 O 2 R. ��� Comoo= Lu % Co k w gf @moo ]sk ® § f o § $� � a CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 27 day of Novemher A D , 2001, by and between CC14LOf 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 Jones & Jeff= Construction Co., Inc. Denton TX 762Q of the City of Denton, County of Denton and State of Texas, hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below r.d nnan worth r ,.ve.. n,...verh 11 court in the amount of R34.044 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, CA - 1 and the Specifications therefore, as prepared by all of which are referenced herein and 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 land 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 thei 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 A \Bid 2739 Jam .& Jef9oy dw 12/4/01 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST m (SEAL) Jones & Jeffery Const CONTRACTOR 3801 E. McKinney Denton, Texas 76208 MAILING ADDRESS (940) 382-3124 • I: (940) 566-2176 FAXNUMBER TITLE Pres dent Robert W. Jones, Jr. APPROVED AS TO FORM PRINTED NAME (SEAL) CITY ATTO Y CA-3 Co., Inc. A 1&d 2739 J0= & JOSW doo 12/4/01 PROPOSAL. (BID) FORM (Pagel of 3) Time: 2:p.m. Date: October 23, 2001 To: Purchasing Agent City of Denton, Texas 901-B Texas Street Denton, Texas 76201 Gentlemen The undersigned having examined the Contract Documents entitled North Lakes Park Basketball Project Bid # 2739 And having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposeds to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance with said documents and addenda thereto for the stipulated sum of Thirty four thousand, fourty four ------ Dollars($ 3 4. 0 4 4. 0 0 Total Base Bid Total Materials Incor2orated into the Project S16.044.00 Total Labor Supervision and Materials Not Incorporated into the Project $18 , 0 0 0.0 0 UNIT PRICES: The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated on drawings Prices are for materials finished and installed It is further agreed that the quantities of work to be done at unit prices and mate`nal to be finished may be increased or diminished as may be considered necessary in the opinion of the Owner's Representative, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the specifications All unit prices are for addition or deletion Paving Comnonents(Funnished and I 4" thick 3000 PSI concrete paving $ 2.35 per S F 5" thick 3000 PSI concrete paving $ 2 5 n per S F 6" thick 3000 PSI concrete paving $ z _ 6 s per S F 4" thick 3000 PSI concrete paving w/post tension cables $ z _ s 0 per S F H \word DocslBiddmg Forms, Lists and exampiesWorth Lakes Park Basketball Court Project bid doc Bid Proposal Form (Page 2 of 3) 9"02" concrete mow strip under fence with 244 bars Earthwor�C and Drainage (Fuirush and Install Cut, Tragsport and Place Onsrte Soil Import and Place Off -Site Soil Fencing Co=onents(Funush and Install) 4' high c1 ahi link, 9ga with added vinyl coating fencing 6' high chair' link, 9ga with added vinyl coating fencing Standard' 4' wide X 4' height gate to match fence 3" OD Line Post to match 4' fence 2-5/8" OD Line Posts to match 4' fence Turf Co,=onents(Furmsh and Install) Common Bermuda solid sod Staked Common Bermuda solid sod Drill seeded rye grass Hydro mulched seeded Common Bermuda Hydro mulched seeded Common Bermuda and Rye grass Broadcast seeded rye grass Erosion Control(Furmshed and Installed) Perimeter Siltation Barrier Swale Siltation Fabric Barrier Staked Erosion Control Matting $ 1 2.00 per L F $ 2.50 Der C Y $ 9 .25 per C Y $ 13.50 per LF $ 21 _00 per LF $ 2g6_oo each $ 61 _ 00 each $ 25.Oo each $ 3.25 per S Y $ 3_so per SY $ 1-00 per SY $ .10 per SY $ .10 per S Y $ .50 per S Y $ 1.65 perLF $ 1.65 per LF $ 1.15 per L F Bidder understands the statements and Owner's Objectives contained in Section 01010-Summary of Work ADDENDA: Acknowledge receipt of the following addenda placing Addendum #, Date issued and initialing' Addendum No Addendum No which are part of the Bidding Documents by Addendum No Addendum No H \word pocs\Bldding Forms, Lists and examples\North Lakes Perk Basketball Court Project bid doc Bid Proposal Form (page 3 of 3) The undersigned bidder hereby declares that he has visited the site of the work and has carefully, examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten(10) days after date of written notice to proceed and to substantially complete the work on which he has bid within Si xi-Y ( Fri) Consecutive calendar days subject to such extensions of time allowed by specifications. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding BID GUARANTY: Enclosed with this Bid is a Certified Check for or a Bid Bond in the sum of Five Pgrcent of Bid Dollars ($ 58 of bid which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fails to executed the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted otherwise said check or bond shall be returned to the undersigned upon demand Jones,& Jeffery Construction Co., Inc. ontractor (fain name) (If corporation, attest and affix Authorized Signature Robert W. Jones, Jr. a Corporate Seal) President Title '•• :� a ••- City, State, Zip Code Denton Texas 76208 Telephone (940) 382-31 24 H \Word DocABiddmg Forms, Lists and examplesWorth Lakes Park Basketball Court Project bid doc PERFORMANCE BOND STATE OF TEXAS COUNTY 'OF DENTON KNOW ALL MEN BY THESE PRESENTS That Jones R Jeffery Construction Co. Inc. whose address is 4901 F. McKinney nA * Tx 7520R hereinafte called Principal, and . A i tLem l^iW_c CjjSL4ai 77y <2 to'Q a corporatJon organized and existing under the laws of the State of Sf 4/9�3 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 Thirty Four Thousand Forty Four Do lors and /100DOLLARS ($.34.044) plus ten percent of the stated penal sum as an additional isum 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 b made, we hereby bind ourselves, our heirs, executors, admirustrators, successors, and assig s, jointly and severally, firmly by these presents This Bond shall automatically be increasedly 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 2001-441 , with the City of Denton, the Owner, dated the '27 day of November AD 2001, a copy of which is hereto attached and made a part hereof, for Bid 719- North Lakes Basketball Court 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 alsoi, 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 mdemmfy and save harmless the Owner frpm all costs and damages which Owner may suffer by reason of failure to so perform herein an I shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in i iiakmg 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 tins 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 ansmg out of such suretyship, as provided by Article 7 19.1 of the Insurance Code, Vemon'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 —27-._day of November 2001 ATTEST ATTEST PRINCIPAL 13i �• u The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME = iN� TNsU 6NC� STREET ADDRESS 5 3> ci I o�/9 t N ri nl 14 /.2 a S (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name.) • � 'a A Qd 2739 )Mae & JdaiNV doo 12/4/01 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Jones & Jeffery Cons me ion Co.. Inc-, whose address is 3801 F. McKinney Denton. TX 76208 hereinafter called Principal, and 1;11:(t 1NniiS CORP a corporation organized and existing under the laws of the State of Let Xd S 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 ThiM Four Thousand Forty Four Dollars and 0/100 DOLLARS ($ 34.044) 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 2001-441 , with the City of Denton, the Owner, dated the _27 day of November A D 2001, a copy of which is hereto attached and made a part hereof, for Bid 2739 - North Lakes Basketball Court, 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 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 i 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 _ 27 _ day of November, 2001 ATTEST 14 j ATTEST BY S�U_ Ink SURETY i . ;----- BY Al ZA ATTOR)4EY-114-17ACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is kyji G iI WAY (NOTE (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) A Bid 2739 Jome & Jef by doo 12/4/01 I F St TOWERTWAVMEW ` dtM ALL Ake E PfiE 1 "i i i1NCZ4 t3 ASUA7-OIRPS3Rt it &"B*I& s k_frtr�ta c r ti�Cf do t- -_ -=1 Fi==F-_-r#_ MEV_ E__ ft_M.-�A_ ==�islruas#�#fawiul Att�n�ts�l •l fufl pow�t �u ToT 6A-b�aif-0t�t�Dt7�P�Y u�ty, tae�cutg�Ads� ai tBe e�al9 �a Cor,9p�r�=�s€�te (d - 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As 4 _ - o• -____ � _ _- _-_� _= e e o o• a •o e o e s• o r - CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders eoq er with their respective insurance carriers or brokers to determine in advance of Bid sulimWon the avallabillo of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder falls to comply strictly with the insurance requiremen&, that bidder may be disquai#Ted from award of the contract Upon bid award, all insurance I 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 prq/ect 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 not#kadeh that the contract has been acceptedt approver!, 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 spfcrfications throughout the duration of the Contract, or longer, tf so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or 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 A Wid 2739 hom R Why doe 12/4/01 of 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 lead: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITI) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYSADVANCE 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, f so noted N A General Liability Insurance: General Liability insurance with combined single limits of not less than .06500,000 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 A ad 2739 Jones & Jeffrey doo 12/4/01 Pq IN 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 Properly Damal products and completed operations, damage resulting from explosiot exposures e Liability for premises, operations, independent contractors and property , collapse or underground (XCII) Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form properly damage liability Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 0,300.000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily u>jury 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 Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the nummum 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 A 13id 2739 Jones @ Jeffrey dw 12l4/01 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 poli cy naming the City as insured for property damage and bodily injury which may arse in e prosecution of the work or Contractor's operations under this contract Coverage sha 1 be on an "occurrence" basis, and the policy shall be issued by the same insurance company that tames the Contractor's liability insurance Policy limits will be at least combined bodily mjury 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 theicontractor 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 Pr fessional liability insurance with limits not less than per claim with ressect to negligent acts, errors or omissions in connection with professional services is required under tins 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 "cific 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 A Qd 2739 Jo m & Jeffiey doo IV4101 ATTACHMENT 1 [XI 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 persons 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 carvers, 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, transportatton, 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 I 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 A \Bid 27391om & IeMW doo IV4101 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 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, k1Bu12739 ima & Jdey doo 1214/01 (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) • (i), 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 A 1 kd 2739 Japes @ Jei W dos IV4101