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1999-282ORDINANCE NO q~'c~O ~~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A FUEL FACILITY, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2392 - LANDFILL FUEL FACILITY AWARDED TO EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC IN THE AMOUNT OF $60,537) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpubhc 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 Nds for the construction of the public works or improvements described m the Nd mwtat~on, bid proposals and plans and specfficat~ons therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competlUve bids for the construction of public works or improvements, as described in the "B~d Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasmg Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2392 Eagle Construction and Environmental Services, Inc $ 60,537 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 reqmrements specified m the Notice to Bidders including the timely execution of a written contract and furmshmg of performance and payment bonds, and insurance certificate after notfficatlon of the award of the bid SECTION III That the Clty Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or ~mprovements ~n accordance with the bids accepted and approved herem, provided that such contracts are made in accordance with the Notme to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specfficatlons, standards, quantities and spemfied 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 heroin, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified ~n such approved bids and authorized contracts executed pursuant thereto SECTION V That tbas ordinance shall become effective lmmedmtely upon its passage and approval of 1999 PASSED AND APPROVED th~s the day ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2392 - CONTRACTUAL ORD CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § 7 SEPTEMBER THIS AGREEMENT, made and entered into this 'S'Ehn~ day of A D , 19 99, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W 3EZ thereunto duly authorized so to do, hereinafter termed "OWNER," and EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES INC PO BOX 872 EASTLAND, TX 76448 of the City of EASTLAND and State of TEXAS , County of EASTLAND , hereinafter termed "CONTRACTOR" WITNESSETH That for and m 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 2392 - LANDFILL FUEL FACILITY in the amount of $60,537 and all extra work in connection therewith, under the terms as stated m the General Con&tlons of the agreement, and at his (or their) own proper cost and expense to furmsh all materials, supphes, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and serwces necessary to complete the work specified above, in accordance w~th the cond~Uons and prices stated m the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Condlt~ons, the Notice to B~dders (Advertisement for BMs), Instructions m B~dders, 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 drawmgs 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 entxre 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, w~thhold~ng, 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 accordmg to the attached specifications at the general threctlon of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemmficatlon Contractor shall and does hereby agree to mderamfy and hold harmless the C~ty 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, ~ts officers, agents, employees, mvitees, and other persons for whom It IS legally liable, with regard to the performance of this Agreement, and Contractor will, at ~ts 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 ~ts construction and enforcement shall lie m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated m the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR m 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 IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreement the year and day first above written ATTEST CITY OF DENTON (SEAL) Bobby C /i~ur~:y f ' / Secretary/Treasurer EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC CONTRACTOR P 0 Box 872 Eastland, Texas 76448 MAILING ADDRESS (254) 629-1718 PHONE NUMBER (254) 629-8625  CA - 3 FAX NUMBER ~ _ ~TATL"E - President Joe L Walraven ~ ' SEAL ~_ 1985 PRINTED NAME BOND NO. NSU 1721644 STATE OF TEXAS PERFORMANCE BOND § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC whose address is PO BOX 872, EASTLAND, TX 76448 , hereinafter called Prmmpal, and ~LIASCE NATIONAL INDEMNITY ,COMPANY a corporation organ,zed and existing under the laws of the State of TEXAS , and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and exmtmg under the laws of the State of Texas, hereinafter called Owner, m the penal sum of SIXTY THOUSAND FIVE HUNDRED THIRTY SEVEN and no/100 DOLLARS ($ 60,537) 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 m Denton County, Texas, for the payment of Much sum well and truly to be made, we hereby bind ourselves, our heirs, executors, adm,mstrators, 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 m 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 99-282 , with the City of Denton, the Owner, dated the 7 day of SEPTEMBER A D 1999, a copy of which is hereto attached and made a part hereof, for BID 2392-LANDFILL FUEL FACILITY NOW, THEREFORE, if the Principal shall well, truly and fmthfully 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, condnlons 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 mdenmify 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 m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Comract, 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 tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawmgs, 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 m 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, tins mstrument is executed in 4 copies, each one of which shall be deemed an ortgmal, this the 7 day of SEPTEMBER 1999 ATTEST SECRETARY - Bol{~by C Jlurry PRINCIPAL ~ ~ICES, INC EAGLE CONSTRUCTION AiqD ATTEST S BY The Resident Agent of the Surety m Denton County, Texas for delivery of notice and serwce of the process is NAME DERRELL C. DODSON STREET ADDRESS 835o MEADOW ROAD, SUITE 181, DALLAS, TX 75231 (NOTE Date of Performance Bond must be date of Contract corporation, give a person ts name ) PB - 2 If Resident Agent ts not a fl signt~J bnd ~heir ~o~f~te seals to be hsreto afl]xed, this Febn~ery 8 authorized offlosr iI II i iI tl~e ;aais of smd Companiss this a~d purpose therein iI I Notary Pubh0 in and~f~r ~he State of Pennsylvaflm ~ PACIFIG INSU~NCE COMPANY, and oo~reet ~py of the Power of A~orney 1999 IiI i II BOND NO NSU 1721644 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC , whose address ~s PO BOX 872, EASTLAND, TX 76448 , hereinafter called Principal, and RELIANCE NATIONAL INDEMNITY t:ON,e~%%rporat~on orgamzed and exmtang under the laws of the State of TEXAS , and fully anthorlzed to transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal corporation orgamzed and exmtmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furmsh matemals for, or perform labor upon, the building or ~mprovements hereinafter referred to, in the penal sum of SIXTY THOUSAND FIVE HUNDRED THIRTY SEVEN and no/100 DOLLARS ($ 60,537 ) m lawful money of the Umted States, to be prod in Denton, County, Texas, for the payment of wfuch sum well and truly to be made, we hereby brad ourselves, our he,rs, executors, admlmstrators, successors, and assigns, iomtly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which ~ncreases the Contract pmce, but ~n no event shall a Change Order or Supplemental Agreement which reduces the Contract pmce decrease the penal sum of thru Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, ~dentlfied by Ordinance Number 99-282, with the C~ty of Denton, the Owner, dated the 7 day of SEPTEMBER A D 1999 , a copy of which is hereto attached and made a part hereof, for BID 2392-LANDFILL FUEL FACILITY NOW, THEREFORE, ff the Pmnclpal shall well, truly and fmthfully perform ~ts duties and make prompt payment to all persons, firms, subcontractors, corporations and claunants supplying labor and/or material m the prosecution of the Work provided for ~n smd Contract and any and all duly authorized modtficatxons of said Contract that may hereafter be made, notxce of which modifications to the Surety being hereby expressly wmved, then thru obhgat~on shall be vmd, otherwme it shall remmn ~n full force and effect PROVIDED FURTHER, that ff any legal action be filed on th~s Bond, exclumve venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extenmon of t~me, 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 ~n anywise affect ~ts obhgat~on on th~s Bond, and ~t does hereby wmve notice of any such change, extension of t~me, 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 prowmons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and demgnated agent m hereby demgnated by the Surety here~n as the Remdent Agent m Denton County to whom any reqmmte nonces may be dehvered and on whom service of process may be had m matters arising out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vemon's Annotated C~vd Statutes of the State of Texas IN WITNESS WHEREOF, thru instrument ~s executed in 4 copies, each one of which shall be deemed an original, this the 7 day of SEPTEMBER 1999 ATTEST PRINCIPAL BY SECRETAR){ --Bo~blT~ C ATTEST BY SURETY EAGLE CONSTRUCTION AND ENVI ~ICES, II ~/TREn3ID~NTz Joel ~~ COMPANY The Remdent Agent of the Surety in Denton County, Texas for dehvery of not~ce and serwce of the process is NAME DERRELL C DODSON STREET ADDRESS 8350 MEADOW ROAD, SUITE 181, DALLAS, TX 75231 (NOTE Date of Payment Bond must be date of Contract corporatton, gtve a person ts name ) BID 2392 PERFORMANCE & PAYMENT BONDS (ONLY) If Restdent Agent ts not a PB - 4 iI ,PENNSYLVANIA Article Vtl of the and iiI the laws the laws of hereby make, seal and an I.=xeo utive their said ,,~,~'le to be h~retO af~xe~', this Febru,. 8 i of said ¢ompaniea this :__ ~Of Pennavlven,a :OMPANY and L999 BID NUMBER 2392 BID PROPOSALS PAGE 2 OF 4 C~ty of D~nton, Texas 901-B Texas St Pm'chime Department Denton, Texas 76201 1 10,000 Gallon above ground tank with dispensers I $53,124 $53,124 1 $ 7,413 $ 7,413 2 Electromc Fuel Management System with modem and software TOTAL BID AWARD $60,537 NOTE A Pre-b~d conference will be held at 9 30 AM on July 23, 1999 at the Denton Mumcipal Landfill, 5166 Foster Road, Denton, TX 76207 for the purpose of reviewing the stte locations and clarifying the bid spe¢ffications, terms and condtuons An addendum wdl be msued if determined to be necessary We quote the above f o b delivered to Denton, Texas Slupment can be made tn 120 days from receipt of order Terms net/30 unless otherwise indicated In submmmg the above b~d the vendor agrees that acceptance of any or all bid itams by the C~ty of Denton Texas within a reasonable period of ume consmatas a contract The complete Btd Proposal must be prol~rly priced mgned and returned EAGLE CONSTRUCTION AND P O Box 872 ENVIRONMENTAL SERVICES, INC Mailing Address Bidder/Company Eastland Texas 76448 ~~~'~ C~ty State Z~p Signature (254) 629-1718 (254) 629-8625 Mare W Walraven Telephone Fax Number Prm~/Type Name Vxce President CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attention ts dtrected to the tnsurance reqmrements below It ts htghly recommended that bidders confer wtth thetr respective tnsurance carriers or brokers to determme tn advance of Btd submtsston the avadabd~ty of insurance certificates and endorsements as prescribed and provtded hereto If an apparent low btdder fads to comply strictly with the insurance reqmrements, that btdder may be dtsquahfied from award of the contract Upon btd award, all msurance reqmrements shall become contractual obhgattons, whtch the successful btdder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS' Wtthout hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor shall provtde and matntam untd the contracted work has been completed and accepted by the Ctty of Denton, Owner, the mtmmum tnsurance coverage as tndtcated heretnafler As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the Purchastng Department sattsfactory certtficates of tnsurance, contatmng the btd number and tttle of the project Contractor may, upon wrttten request to the Purchastng Department, ask for clartficatton of any tnsurance requtrements at any trine, however, Contractors are strongly advtsed to make such requests prtor to btd opemng, stnce the tnsurance requtrements may not be modtfied or watved after btd opemng unless a wrttten exceptton has been submttted wtth the bid Contractor shall not commence any work or dehver any material until he or she recetves nottftcatton that the contract has been accepted, approved, and stgned by the City of Denton All tnsurance pohctes proposed or obtatned tn sattsfacuon of these reqmrements shall comply wtth the followtng general spectficattons, and shall be matntatned tn compltance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A Any deductibles or self-insured retentions shall be declared m the b~d proposal If requested by the City, the insurer shall reduce or ehmlnate such deductibles or selfqnsured retentions with respect to the City, ~ts officmls, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related mvemgat~ons, claim admm~stratton and defense expenses CI- 1 Ltabfllty 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 prunary 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 llnnt of hablhty All pohcles 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 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 exptratlon 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 hnnt providing for clmms ~nvesugat~on or legal defense costs to be included in the general annual aggregate lima, 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 CI - 2 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All tnsurance pohctes proposed or obtatned tn sansfactton of this Contract shall ad&tionally comply wtth the followtng marked spectficattons, and shall be maintained tn compliance with these additional spectficattons throughout the duration of the Contract, or longer, tf so noted [X ] A General Liability Insurance. General Llablhty insurance with combined single hmlts of not less than $500,000 shall be provided and mamtamed by the Contractor The policy shall be written on an occurrence bas~s exther m a smgle pohcy or ~n a combmaUon of underly:ng and umbrella or excess pohmes If the Commercml General Llabflxty form (ISO Form CG 0001 current edmon) ts used Coverage A shall ~nclude premises, operaUons, products, and completed operations, mdependent contractors, contractual habfl~ty covermg th~s contract and broad form property damage coverage · Coverage B shall ~nclude personal mjury · Coverage C, medical payments, is not reqmred If the Comprehensive General L~abthty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least Bodily mjury and Property Damage Lmbfl~ty for premises, operaUons, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures Broad form contractual llablhty (preferably by endorsement) covenng th~s contract, personal injury babfllty and broad form property damage liability [X] Automobile Lmb~hty Insurance: Contractor shall prowde Commercml Automobile Lmbfl~ty ~nsurance w;th Combined Single Lwmts (CSL) of not less than $500,000 etther ~n a single pohcy or ~n a combmaUon of basic and umbrella or excess pobc~es The pobcy wall include boddy mjury and property damage bablhty arising out of the operation, maintenance and use of all automobiles and mobile eqmpment used m conjunction w~th th~s contract CI - 3 ix] Satisfaction of the above reqmrement shall be an the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos Workers Compensation Insurance Contractor shall purchase and mmntain Worker's Compensation ansurance whach, an additaon to meeting the minanum statutory reqmrements for assuance of such insurance, has Employer's Liability hmtts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy lnmt for occupatmnal thsease The Caty need not be named as an "Additional Insured" but the insurer shall agree to wmve all rights of subrogataon against the Caty, as officials, agents, employees and volunteers for any work performed for the Cxty by the Named Insured For building or construction projects, the Contractor shall comply with the provasaons of Attachment 1 tn accordance with §406096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Comm~ssaon (TWCC) [1 Owner's and Contractor's Protective Lmbfl~ty Insurance The Contractor shall obtam, pay for and mmntam at all tames during the prosecution of the work under this contract, an Owner's and Contractor's Protective L~abthty insurance pohcy nanung the Cay as insured for property damage and bodily ~njury which may arise m the prosecution of the work or Contractor's operaUons under this contract Coverage shall be on an "occurrence" basas, and the pohcy shall be issued by the same insurance company that carries the Contractor's habthty insurance Pohcy lma~ts wall be at least combined bodily injury and property damage per occurrence w~th a aggregate [1 Ftre Damage Legal L:abihty Insurance Coverage ~s reqmred ff Broad form General L~abthty is not provaded or is unavailable to the contractor or ~f a contractor leases or rents a portion of a C~ty building Lamlts of not less than each occurrence are reqmred [] Professmnal L~ability Insurance Professaonal hablhty insurance wath llmats not less than per clmm wath respect to neghgent acts, errors or om~ss~ons in connection wath professaonal services is reqmred under this Agreement CI - 4 [] [] IX] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100 % of the completed value shall be provided Such pohcy shall include as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear Additional Insurance Other insurance may be required on an md~wdual basis for extra hazardous contracts and specific service agreements If such additional insurance is reqmred for a specific contract, that requirement wall be described in the "Specific Condit~ons" of the contract specifications ATTACHMENT 1 Worker's Compensat,on Coverage for Bu,ld~ng or Construct,on Projects for GovernmentaJ Ent~tms A Deflmt~ons Certificate of coverage ("cert~f~cate")-A copy of a certd~cate of insurance, a certificate of authority to self-insure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or ent~ty's employees prowd~ng serwces on a project, for the duration of the proJect Duration of the project - ~ncludes the t~me from the beg~nmng 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 serwces on the project ("subcontractor" ~n §406 096) - includes all persons or ent~t~es performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees Th~s ~ncludes, w~thout hm~tat~on, ~ndependent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity whmh furmshes persons to prowde serwces on the proJect "Serwces" include, w~thout hm~tat~on, prowd~ng, hauhng, or delivering equipment or materials, or providing labor, transportation, or other serwce related to a project "Serwces" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable todets C1-5 B C D F G H The contractor shall prowde coverage, based on proper reporting of class~hcat~on codes and payroll amounts and hhng 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 The Contractor must provide a cert~hcate of coverage to the governmental entity prior to being awarded the contract If the coverage period shown on the contractor's current cert~hcate of coverage ends dunng the duration of the project, the contractor must, prior to the end of the coverage period, hie a new cert~hcate of coverage w~th the governmental entity show~ng that coverage has been extended The contractor shall obtain from each person prowd~ng serwces on a project, and prowde to the governmental entity (1) a cert~hcate of coverage, prior to that person beg~nmng work on the project, so the governmental entity wdl have on hie cert~hcates of coverage showing coverage for all persons prowd~ng serwces on the project, and (2) no later than seven days after receipt by the contractor, a new cert~hcate of coverage showing extension of coverage, ~f the coverage period shown on the current cert~hcate of coverage ends during the duration of the project The contractor shall retain all required cert~hcates of coverage for the duration of the project and for one year thereafter The contractor shall not~fy the governmental entity ~n wr~ung by ceruhed ma~l or personal dehvery, w~th~n 10 days after the contractor knew or should have known, of any change that mater~ally affects the provision of coverage of any person prowd~ng serwces on the project The contractor shall post on each project s~te a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons prowd~ng serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage CI - 6 The contractor shall contractually require each person w~th whom ~t contracts to prowde serwces on a project, to (1) prowde coverage, based on proper reporting of class~hcat~on codes and payroll amounts and hhng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of ~ts employees prowd~ng serwces on the project, for the duration of the project, (2) prowde to the contractor, prior to that person beginning work on the project, a cert~hcate of coverage showing that coverage ~s being prowded for all employees of the person prowd~ng serwces on the project, for the duration of the project, (3) prowde the contractor, prior to the end of the coverage per~od, a new cert~hcate of coverage showing extension of coverage, ~f the coverage period shown on the current cert~hcate of coverage ends during the duration of the project, (4) obtmn from each other person w~th whom ~t contracts, and prowde to the contractor (a) a certlhcate of coverage, prior to the other person beg~nmng work on the project, and (b) a new cert~hcate of coverage showing extension of coverage, prior to the end of the coverage per~od, ~f the coverage per~od shown on the current cert~hcate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on hie for the duration of the project and for one year thereafter, (6) not~fy the governmental entity m writing by cert~hed ma~l or personal dehvery, w~thm 10 days after the person knew or should have known, of any change that materially affects the prows~on of coverage of any person providing serwces on the project, and (7) contractually require each person w~th whom ~t contracts, to perform as required by paragraphs (1) - (7), w~th the cert~hcates of coverage to be prowded to the person for whom they are prowd~ng services C1-7 By s~gmng th~s contract or prowd~ng or causing to be provided a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who w~ll prowde serwces on the project w~ll be covered by workers' compensation coverage for the duration of the project, that the coverage wdl be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements wdl be filed w~th the appropriate ~nsurance carrier or, ~n the case of a self-~nsured, w~th the commission's D~ws~on of Self- Insurance Regulation Prowd~ng false or m~sleadmg ~nformat~on may subject the contractor to admlmstrat~ve penalties, criminal penalties, c~wl penalties, or other c~wl actions K The contractor's fadure to comply w~th any of these prows~ons ~s a breach of contract by the contractor which ent~tles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~th~n ten days after receipt of not~ce of breach from the governmental entity CI- 8 ~nnalrd Rossander & Perry N Lamar Box 351 ~stland TX 76448 ACoRD. OF UA;EiIU i NSURANCE --- ~ TH~"CE~IF~6A+~"~S' 'I"~UE6 AS'A MA~ER OF INFORMATION ~ucaR ONLY AND CONFERS NO RIG.S UPON THE CE~IFICATE HOLDER THIS CE~IFICATE DOES NOT AMEND, ~END OR ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW COMPANIE~ AFFORDING COVERAGE _ ~MPANY A RELI~CE NATIONAL INDE~ITY EAGLE CONSTR~;C~ION AND ENVIRONMENTAL SERVICES INC EO M~ANY GREAT ~34ERICAN SURED BOX 872 EASTLAND T~ ~6448 '(~t~J~[S CERTIFY TH~:~THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THiS IS TO INDICATED NOTW~THO?ANDINGI ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE I~UED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDiTIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OFINSURANCE ANY AUTO ALL OWNED AUTOS DILDERS RISK EXCE~S LIABILITY UMBRELLA FORM :l THAN UMBRELLA FORM WORKERS COMPEHSATIO# AHS 4KA169000004 02/28/99 02/28/00 Y INJURY ~ROPERTY OAMAGE EA ACCIDENT THAN AUTO ONLY EACH ACCIDENT 743 780 BINDER 09/09/99 05/30/00 AGGREGATE 5 000 OOC 5 000 00£ 1071202 02/28/99 02/28/00 -- NWA2518274 03/12/99 03/12/00 NTF251268403 02/28/99 02/28/00 DESCRIPTION OF OPERATiONS~QCA~OSS~EHICLES~PECIALITEMB CITE OF DENTON ITS OFFICIALS AGENTS EMPLOYEES & VOLUNTRBRS SF~L SE NAMED AS ADDL INS ON ALL ~OLICIES EXCEPT W COMP AMD WITS A WAIVER OF SUBROGATION ALL POLICIES TNIS INS WILL BS PRIMARY TO AMY OTSER INS AVAII~LE 1000000/2000000 SAID POLICY SHALL NOT BE CANCELLED NONRENEWED OR MATERIALLY CHANGED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIb~ IN WHICH CASE l0 DAYS ADVANCE WRITTEN NOTILE IS REQUIRED I ~ -- - ~ ~ORD COnPORA~ION ~OOnO 2.~S :y