The URL can be used to link to this page

19-2268�' � ' ! • • i � . �•�; . � �; �;�� R ;• : � , , • � ' ' '�' • " ' ! ' � • ��, ' � • � ' � � �� ! ' !�� ' .� • . �� . . �>. � �� • ' �' #' ' ! . � '' • � ' �' * • . w * w � s +- . . . � �_ � ,. ,�. . � �• - , � - - - � -� '.� - � ._ � � � . - � ,• . . . , �; , , +, � ' �� - � � ,� � + r�� . . � - - � � '� - � . � - -� � . � � � �� . ; .� � � � � �- . � � . � •�� -� � �r �. .��- , i� . � �. �.�� -� w , , ..,.: � . . �,, � 1.. • - - +' � � - ::. � � . f � . � '... �. • ..., � � �'��, � . - �. ^ - -� � , r��. � � � - � 1' � �� • •, •�:'�. • �'i � �' � � ...-. � '..., '... � � � : ■ �..�. � ,. �` �,... � ■ _ ._ � ..:� � .:.. � ��. � ! , ��.... � � . � . • • : r � . + f' � • ' i' ' � ' � • ' #` � � � . � 1 �� '� • � - 1' ! . � � ` • « . � . � �' � • • ' . ' � � � .� ' � # � ii� '��-, � .-�' ! #' �' ' '� '��! � � � # ' � !� r � ' � ! � . �, . . . . 1 . � `�� ! < �' . ., � � . . '� ! . ! ! ' i'' ' r � - R� f' -: 1 " �' • ! �'� . ! + 5ECTION 4. This Ordinance shall become effective immediately upon its passage and approval. �� ,��"��" � �'� �� ' , �k�.e ��rc� ��"� �a��^�� and seconded 11�� b�t��t��s�� t�� c�v� tl�i� c��°��s��, v�� r��t�� b �� ,"`—� � e��a� ��,�� t�� F��roved by the ��Il.�,��°ir�� cat� ��. - �� ._.�': M1yOP C�1T1S wa�S: Gerard udspeth, istrict 1: Keely G. riggs, istrict 2: Jesse aVis, istrict 3: Jo y , istrict 4: eb intor, At L ge Place 5: Paul Meltzer, At Large Place 6: �;��^' ay � ��d � � Page 1 � PASSED AND APPROVED this the �� day of w��iL� _,, _ m, 2019, ATTEST: ROSA RIOS, CITY SECRETARY BY: ..�� : � �. � � ��:� �. .��.M�.��...��.��.,,�. F�..,... APPROVED AS TO LEGAL FORM: AARON I..L�,.�I,, CITY ATTORNEY : �� °`� �� . ��. �- �� ... ..mm..w. ........��. CHRIS WA"�� .�r��i:)� W� , �� '' �/ �� . ��U �y �i � , � STATE OF TEXAS § § SOLID WASTE DISPOSAL CONTRACT COUNTY OF DENTON § This contract is by and between the City of Denton, a Texas municipal corporation ("City") and Frontier Access, LLC, a Delaware limited liability company, with its principal address at 925 Hills Creek Dr., McKinney, Texas 75050 ("Contractor"). WHEREAS, City desires that the City of Denton Landfill ("Landfill") receive predictable tonnages of solid waste for both revenue and management purposes; and WHEREAS, Contrartor is willing to guarantee delivery of a specified annual tonnage of solid waste in consideration of a discounted disposal charge, and to promise to bring tonna�e to the Landfill and make payment based on the guaranteed tonnage regardless of the actual amount of solid waste delivered; and WHEREAS, City has determined that this Contract is in the public interest. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this Contract, City and Contractor agree to the following terms and conditions: 1. ,�d�r�Nmai��•��i�rr. This Contract shall be administered on behalf of City by its Director of Solid Waste or the Director's designee (hereinafter called the "Director"), and on behalf of Contractor by its duly authorized officer or employee. 2. C��iw��s� �� ,�b�� +�M�� "�'�:��. Contractor agrees and guarantees that it will deliver to the Landfill Acceptable Solid Waste in the following tonnage for each year of the Contract ("Guaranteed Annual Tonnage") and City agrees to accept all Acceptable Solid Waste at the Landfill: � Contract Year �� Guaranteed Ann � .. _. _ ual Tonnage �.... .. .._ ._ �.�._ ��.._�� ..�� 2019-2020 ��, 40,OOOtons ��,�.��..�_..___ _a �. .._..........._�.�_..�_ �� ._µ.�___ � �.__.. 2020-2021 40,000 tons �... �..mm..._w�, �..��_�.ww__m�_ � � ��.�.....�,,, �_.� ._.�. �_.� ..�.��, �..__ ...... �.__..... 2021-2022 40 000 tons ,�,.,,.. �. __..�.� �.._ ...... . ....... . _� _ � � .�� —�.�� .. ..�._ 3. ,A�'�i�i��°��I I��Nuv�r aaf` ��:� ��ff� �a�IN�� tiflp��. Contractor understands and agrees that any volume of delivered solid waste in excess of the Guaranteed Annual Tonnage up to five percent (5S'o) of the Guaranteed Annual Tonnage ("Additional Acceptable Tonnage") will be paid at the rate described by the Additional Acceptable Tonnage Fee. 4. �:�r��iT��'��° means any period during the contract beginning on October 1 and ending on September 30 of the following year, except for the initial year of the term which shall be the period from October 14, 2019 to September 30, 2020. 5. �c�� t�bN� ��i� 1�� means (i) all wet or dry solid waste that is authorized to be disposed of at the Landfill under applicable federal, state, and local laws, regulations, ordinances, rules, permits, licenses, and governmental orders or directives; and (ii) other wet or dry 5olid Waste that is not Unacceptable Solid Waste (as defined in Section 10 below). Acceptable Solid Waste does not include sludge, special waste, or material delivered by citizens served by other municipalities or corporations. (a) C��i�a� �f ��r� ��a��iNl,�Pr��,��a��. The delivery of Acceptable Solid Waste to the Landfill, which shall occur only during the Landfill's posted haurs, shall be governed by the procedures applicable generallyto haulers utilizing the Landfill. Contractor shall comply with all Landfill procedures established by City ordinance and promulgated by the Director in the disposal of Acceptable Solid Waste, as same may be amended from time to time. Natwithstanding anything in this Contract to the contrary, City shall have the right, in its sole discretion, to close its Landfill, in whole or in part, either temporarily or permanently, at any time for any reason. Upon any such permanent closure, this Contract shall be terminated by City as described in Section 17. Notwithstanding anything contained herein to the contrary, any unscheduled closure of the Landfill of more than two (2) days by City shall result in an equitable reduction in the Guaranteed Annual 7onnage owed by Contractor if requested in writing by Contractor. In addition, if City closes the Landfill for more than thirty (30) days during any three (3) month period, Contractor shall be entitled to terminate this Contract, and the obligations of both parties to deliver and to accept Acceptable Solid Waste shall terminate (including, without limitation, Contractor's obligation to provide the Guaranteed Annual Tonnage and the Cit�s obligation to accept the tonnage at the Discount Disposal Fee rate). (b) �"c��li�� vui�� Ii�� 1,��. This Contract is entered subject to and cantrolled by the Charter and ordinances of the City of Denton and all applicable laws, rules, and regulations of the State of Texas and the United States of America. Contractor and City shall, during the performance of this Contract, comply with all applicable City codes, ordinances, and regulations, as amended, and all applicable State and Federal laws, rules, and regulations, as amended. (c) �'itl� t�a "��. Title to and risk of loss and responsibility for Acceptable Solid Waste delivered to the Landf111 shall pass at the time such Acceptable Solid Waste is removed from the delivery vehicle at the Landfill. 7itle to Unacceptable Solid Waste shall remain with Contractor or its customer and shall never be deemed to pass to City. City shall have the right to reject Solid Waste determined ta be Unacceptable Salid Waste at any time, and Contractar shall be required to immediately pick up and properly dispose at its own expense, in accordance with 2�SOLID Wt15T'E CONTHACTI Guaranteed Tonna�� Subsection 10(c) of this Contract, Solid Waste determined by the Director to be Unacceptable Solid Waste. 7. Term. Unless sooner terminated pursuant to Section 16, this Contract shall commence on October 14, 2019 (the "Contract Start Date") and terminate on September 30, 2022. Upon termination of this Contract, the obligations of both parties to deliver and accept Acceptable Solid Waste shall terminate; provided, however, that all other rights and obligations of the parties under this Contract which by their nature are intended to survive (including those with respect to payment and indemnification) shall survive termination. • (a) Fees. In consideration of Cit�s permission to dispose of Acceptable Solid Waste under this Contract, Contractor shall pay City twenty-nine dollars and fifty cents ($2.9.50) per ton. The Additional Acceptable Tonnage Fee shall be thirty-four dollars ($34.00). Contractor agrees that the Discount Disposal Fee and the Additional Acceptable Tonnage Fee may be increased on October 1 of each calendar year beginning on October 1, 2020. The percentage increase will be determined by the Director using the Consumer Price Index for All Urban Consumers (CPI-U) for the South Region for All Items, published by the United States Department of Labor, Bureau of Labor Statistics. Any increase in the Discount Disposal Fee or the Additional Acceptable Tonnage Fee shall not exceed five percent (5%) in any single calendar year. (b) Pavment. Contractor shall pay the Discount Disposal Fee on a monthly basis for Acceptable Solid Waste delivered to Landfill. The monthly bill shall be paid no later than thirty (30) days after receipt of a monthly invoice from the Director during the term of the Contract. If Contractor delivers its Guaranteed Annual Tonnage before the end of the one- year period, additional Acceptable Solid Waste delivered to Landfill shall be charged the Non- Resident Gate Rate set by the then current City of Denton Solid Waste Rate Ordinance. If at the end of a Contract Year, Contractor has failed to dispose of the Guaranteed Annual Tonnage, Contractor remains obligated under this Contract to pay the Discount Disposal Fee for the entire Guaranteed Annual Tonna�e. At the end of each Contract Year, the Director shall perform a reconciliation of the actual tonnage of Acceptable Solid Waste disposed of atthe landfill under this Contract in that Contract Year compared with the Guaranteed Annual Tonnage and the amount paid by Contractor during the Contract Year. The Director shall make the appropriate calculations and adjustments to determine the amounts finally due and owed by Contractor in each Contract Year. Contractor shall pay any amounts owed to City pursuant to the end-of-Contract Year reconciliation not later than thirty (30) days after receipt of an invoice from the Director. Late payments under this Contract shall earn simple interest at the annual rate of ten percent (10%), or such other rate as the City Council establishes pursuant to City of Denton Code of Ordinances Section 26- 6(k) as amended. In the event of a good faith dispute in the amount of the Discount Disposal �,�i I c:r �...t � I G,� �,�`4/ �`�4 `'�r I � �.., L i I`� ..I. i"� i�v �.. i� I �..i: l„'r W l E�,� Y��l � l.' 4�? (.,! C�,1� V'�1 11 �; �v �::a Fee due, Contractor shall, at a minimum, pay the undisputed portion of the Discount Disposal Fee due within the thirty (30) day period set forth above. The calculation of interest on any disputed payment or the pursuit of contractual remedies by City shall be suspended during any good faith dispute regarding payment until the dispute is either resolved or City otherwise determines that the dispute cannot reasonably be resolved. If it is determined that the disputed amount is owed by Contractor, such amount shall be subject to the late fees described herein. The parties reserve all legal rights and remedies if they cannot amicably resolve a dispute. (c) y�� 9 ��w��° ��r.��. In addition to the Discount Disposal Fee, Contractor shall pay all other federal, state, local or other taxes, fees, surcharges, or similar charges related to the acceptance or disposal of Acceptable Solid Waste or related to the operations or activities of the Landfill that are imposed by law, ordinance, regulation, agreement with a governmental authority, governmental audit, or otherwise. (d) ��a�� I;�� c��it. Upon execution of this Contract, Contractor shall provide a security deposit in an amount equal to one-sixth (1/6) of the annual guaranteed amount under this contract. The Director may approve a lesser deposit if Contractor receives an acceptable credit rating from a credit source available to the City. The cost to obtain the credit rating will be charged to the Contractor and will not exceed one hundred dollars ($100.00). The security deposit may also be waived or reduced based on recent payment history of the contractor. The security deposit may take the form of cash, a performance bond issued by a corporate surety or sureties licensed to issue bonds in the State of Texas and otherwise acceptable to City, or an unconditional, irrevocable standby letter of credit issued by and drawable at a financial institution located in Denton County, Texas. If other than cash, the form of the security deposit shall be approved by the Director and approved as to legal form. For multi-year contract, the security deposit will be reviewed annually to reflect an increase or decrease in the full Disposal Rate, and the amount of the security deposit will be increased or decreased to reflect the change. (e) ��rr�� rr �h� ��r�r�� I��t��0�, If Contractor, after thirty (30) days advance written notice and opportunity to cure from City, fails to make payment of amounts due under this Contract or breaches any term, condition, or covenant of this Contract, the Director may exercise any or all of the following remedies, without waiving any other remedies available to City at law or in equity: (1) suspend delivery of solid waste to the Landfill by Contractor; (2) terminate this Contract for default as provided in Section 14; or (3) draw upon the security deposit and require Contractor to furnish a replacement security deposit as provided in Subsection (d) above, except that the Director may require a greater amount of security than provided for in Subsection (d) in order to provide City with adequate assurance of performance by Contractor. If Contractor's delivery of solid waste to the Landfill is suspended for nonpayment, Contractor's obligation to pay the full payment for guaranteed annual tonnage remains in effect. � �I �� :� f I I:� �it� �n� ��Ix ( i (:'� �. � !�� I� ,�� (. C � �' x �.i �, E° e,s r�� ,r �;f 1" �� r�� i �, �r �� 9. Ir��r�a��, During the term of this Contract, Contractor shall procure, pay for, and maintain at least the minimum insurance coverages described in Exhibit A, attached to and made a part of this Contract. Approval, disapproval or failure to act by City regarding any insurance supplied by Contractor or its subcontractors shall not relieve Contractor of full responsibility or liability for damages, errors, omissions, or accidents as set forth in this Contract. The bankruptcy or insolvency of Contractor's insurer or any denial of liability by Contractor's insurer shall not exonerate Contractor from the liability or responsibility of Contractor set forth in this Contract. 10. �!�� N�I� ��#md 1,�"��. (a) For the purposes of this Contract, "Unacceptable Solid Waste" means: (i) any material that is not Acceptable Solid Waste; (ii) any material that by reason of its composition, characteristics or quantity is defined as a"hazardous material," "hazardous waste," "hazardous substance," "extremely hazardous waste," "restricted hazardous waste," "toxic substance," "toxic waste," "toxic pollutant," "contaminant," "pollutant," "infectious waste," "medical waste," "radioactive waste," or "sewage sludge" under any Applicable Law; (iii) any material that requires other than normal handling, storage, management, transfer or disposal; or (iv) any other material that may present a substantial endangerment to public health or safety, rnay cause applicable air quality or water effluent standards to be violated bythe normal operation of the Landfill, or because of its size, durability or composition cannot be disposed of at the Landfill or has a reasonable possibility of otherwise adversely affecting the operation or useful life of the Landfill. (b) Contractor agrees that it shall not deliver any Unacceptable Solid Waste to Cit�s Landfill. If Contractor delivers waste that contains both Acceptable Solid Waste and Unacceptable Solid Waste, the entire delivery shall constitute Unacceptable Solid Waste if the Unacceptable Solid Waste cannot be separated from the Acceptable Solid Waste through the reasonable efforts of City, with the cost of such separation to be paid by Contractor. City shall have the right, but not the obligation, to inspect any of Contractor's trucks to determine whether the waste delivered is Acceptable Solid Waste or Unacceptable Solid Waste. Any failure by City to perform any such inspection or to detect Unacceptable Solid Waste despite such inspection shall in no way relieve Contractor from its obligation to deliver only Acceptable Solid Waste or from its other obligations under this Section, or to retrieve such Unacceptable Solid Waste as required under Subsection 6(c). (c) If Contractor delivers Unacceptable Solid Waste to Cit�s Landfill, City may, in its sole discretion: (i) reject such Unacceptable Solid Waste at Contractor's sole expense; or (ii) if City does not discover such Unacceptable Solid Waste in time to reject and reload such Unacceptable Solid Waste, inform Contractor by telephone of the problem and require pickup of the Unacceptable Solid Waste within twenty-four (24) hours, unless the Unacceptable Solid Waste is deemed by City to be a threat to the health and safety of its employees or the general public, in which case Contractor shall respond and remove the Unacceptable Solid Waste immediately. If Contractor fails or refuses to timely remove or properly dispose of such �:a ��(J I f!:'�� `�i� �`, �� i� f� �� !�� E�� I�, If� F� �° � e�ti �.a r�,� �� e7 i�5 F.w �.I I� rM t1 ir •�� , ��x Unacceptable Solid Waste, City may dispose of such Unacceptable Solid Waste at a location authorized to accept such Unacceptable Solid Waste in accordance with all applicable laws, ordinances, and regulations and to charge Contractor all direct and indirect costs incurred due to removing, handling, transporting, and disposing of such Unacceptable Solid Waste. Notwithstanding the foregoing, no notice to Contractor shall be required for City to dispose of Unacceptable Solid Waste at Contractor's sole expense in emergency situations where, in the Director's judgment, a delay in such disposal could constitute a hazard to the Landfill or any person on, about, or near the Landfill premises. 11. �n�r(r�r�rr��r�t�� r� li�n�e�c�, Contractor and City shall each comply with all federal, state and local environmental laws and regulations, including, but not limited to, the Resource Conservation and Recovery Act (RCRA), the Safe Drinking Water Act (SDWA), the Clean Water Act (CWA) and the Clean Air Act (CAA) in their perFormance under this Contract. Contractor shall ensure that its agents, subcontractors and employees have received training or information appropriate to the environmental aspects and impacts of their activities in connection with performance of this Contract. Contractor and City shall each ensure that any spills or other releases of materials into the environment that may result from performance under this Contract are responded to and reported adequately and in compliance with applicable environmental laws. 12. ��„ Except as otherwise provided in Section 13, any notice, payment, statement, or demand required or permitted to be given under this Contract by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. �� nw�� d �°`�r �� t Brian Boerner Director of Solid Waste City of Denton 1527 S. Mayhill Rd. Denton, TX 76208 I� in°�+��4'��d �r�� t��n�r��r�r ��: lohn Gustafson P.O. Box 1283 Hillsboro, TX 76645 13. �� ,n�c�r��n�. Contractor shall not sell, assign, transfer, or convey this Contract, in whole or in part, without the prior written consent of City's Director, which consent will not be unreasonably withheld. 14. kn r��n�:�+��ITr��,� �r., Contractor's status shall be that of an independent contractor and not an agent, servant, employee, or representative of City in the performance �� [ �� f. I l"� 1ItiF /� °e'a �� L C:e C:� f�,f .f. �� E�G �:� .�_� f �� + � �� E � r.> ��. ,.1 I �-� r�i ��z �� , �, invalidity, illegality, or unenforceability shall not afFect any other provision of this Contract, and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 20. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. If this Contract is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Contract to be executed. 21. Caations. The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 22. ��c��•� �ar�d �� r��. This Contract shall be binding upon and inure to the benefit of the parties and their respective successors and, except as otherwise provided in this Contract, their assigns. 23• �,��ar� � r �� 1:° �� r;�l i"�'�o�"r�w ��i� s, This Contract (with all referenced Exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Contract. Except as otherwise provided elsewhere in this Contract, this Contract cannot be modified without written supplemental agreement executed by both parties. Executed this the � day of o�(�Z`Dl�Pil , 20� by City, signing by and through its �i�� 'I�r��a��r, �u1�r ��N��i�� t�r �a��cute same by Ordinance l9-'v��(o� approved on �..... ��" �� . .._._�._ �� CITY OF DENTON, TEXAS �� w �,�, � �.�_�...�e BY: � �:� �_._ TODD HILEMAN, CITY MANAGER FRONTIER ACCESS, LLC. BY: ��.�., JOHN �i�� V, �� [.`a �v1 f C��a'� Ir"tl ,�� `�;� I I C: �a f`>,� �I� f� �PE�. f, l'. � ia � a�r ea �� C. rx t� �� l r� E�� Y �� ROSA RIOS, CITY SECRETARY , ,� r" ry� , BY; `� �' � �.°„ .��. � ��".�% '��.. �. APPROVED AS TO LEGAL FORM: � . ; . . , �� i �I ; c;;:� l I C;i 1r�� °wt a� ( 6'; C;: �_7 f�l 1' Pi i'�e �,,; f. j�.;a �.� �� o t� Cr l�.,; �. c,l k c� I-.r � Wr �� EXHIBIT A INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilitles of the Contractor, the Contractor shall provide and maintain for rhe term of the Contract, rhe minimum insurance coverage as indicared herein. Contractor shall ffle wlth the Solid Waste Department satlsfattory ��'��tes of insurance including any applicable addendum or endorsements. Contractor may ask for c/arljlcatlon oJ any insurance requirements at any t►me, upon wrltten request to the Solid Waste Department. All insurance policies proposed or obtained in satlsfactian of these requlrements shall comply with the following general speci�catlons, and shall be maintained in compllance wlth these general speclfications throughout the duration of the Contract, or longer, if so noted: I. Each policy shall be issued by a company autharized to do business in the State ofTexas with an A.M. Best Company rating of at least A c�r ��t��r. II. Liability policies shall be endorsed to provide the following: A. Name as Additional Insured the City of Denton, its OfFicials, Agents, Employees and volunteers. B. That such insurance is primary ta 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 braught. The inclusion af more than one insured shall not operate to increase the insurer's limit af liability. C. Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. III. Cancellation: City requires 30 day written notice should any of the policies descrlbed on the ��r��te be cancelled or materially changed before the expiratlon date. A. 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. B. 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 aggre�ate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. C. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satlsfactory evidence of reinstated covera�e as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this contract effective on the date of the lapse. �,�� `�� G f G�e"� V�f r�h �:, E f �:: �:� f�a 'I� �� ,�„ r �,. � �� E r.a �� r ��, ra , �� r�� r� �� i i � �, ��; IV. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: Alllnsurance policfes proposed or obtoined in satisfact�on of this Contract shal! ��Y��nally comply wlth the followfng marked specificatlons, and shall be maintalned In compllance with these additional speci�Ications throughout the duration of the Contract, or longer,lf so noted: A. General Liability Insurance: 1. General liability insurance with combined single limits of not less than �� , ��.�� 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. 2. If the Commercial General Liability form (I50 Form CG 0001 current edition) is used: a. Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability coverin� this contract and broad form property damage coverage. b. Covera�e B shall include personal injury. c. Coverage C, medical payments, is not required. 3. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: a. Bodily injury and Property Damage Liabillty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. b. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. B. Automobile Liability Insurance: 1. Contractorshall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than a4�� d��, either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. 2. Satisfaction of the above requirement shall be in the form of a policy endorsement for: a. any auto, or b. all owned hired and non-owned autos. V. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor, which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. �p,�. d`' ��:� f. �%i \Jtl F�� `�� l� I�: G';� C,�� r�� 4_ F�� ; ��, r'� ��d �� W d° �� i i�, r,� �a� 1� ,r� �"� rt G� �; ��.