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2002-215ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SPENCER SWITCH SITE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2866-SPENCER SWITCH SITE WORK AWARDED TO CAN-FER CONSTRUCTION IN THE AMOUNT OF $219,000). 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 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER 2866 CONTRACTOR Can-F~ ConstmctionCompany AMOUNT $219,000 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution ora written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the mount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ ~-~ day of ¢~ ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~O~; ~?S TO LEGAL FORM: 3~ORD- BID 2866 Spencer Switch Station Site Work ATTACHMENT 1 Spencer Switch 5tationSite Work, Foundations, Ground ~rid, Conduit System, and Fence Bid Number 2866 June 27, 2002 Can-Fer Construction Seneca Contracting Bidders -~-> Company Corporation Dallas, TX Denton, TX Detailed Cost Information: Site Work $25,000.00 $27,000.00 Retaining Wall $3,000.00 $12,000.00 Gravel $21,410.00 $20,000.00 Foundations $128,500.00 $100,000.00 Ground Grid $16,090.00 $45,000.00 Conduit System $15,000.00 $12,000.00 Fence $10,000.00 $16,000.00 Total Package Cost $219,000.00 $232,000.00 Less Local Contractor Preference I N,^ I -$6,960.00 Final Evaluated Bid Price I $219,000.00 I $225,040.00 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this between City of Denton and State of Texas, acting through hereinafter termed "OWNER," and Can-Fer Construction Company of the County of Michael A. Conduff 11150 Mordson Lane Dallas, TX 75229 16th dayof July AD.,2002, byand Denton thereunto duly authorized so to do, of the City of Dallas , County of Dallas termed "CONTRACTOR." and State of Texas , hereinafter W1TNESSETH: 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 worl~s~fied below: Bid 2866 - ,, ,,,,&,,~' Substation Site Work, Foundations, Ground Grid, Conduit System, and Fence in the amount of $219,000.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton all of which are referenced herein and made a part hereof and collectively evidence and constitute the entke contract. CA-1 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 purpeses 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, fi:om and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemdify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the tune 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 tiffs contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: (snAL) CONTRACTOR APPROVED AS TO FORM: CITY ATTORNEY MAILING ADDRESS PHONE NUMBER PRINTED NAME (SEAL) CA- 3 BID PROPOSAL To: City of Denton, Texas PurchaSing Department 901-B Texas Street Denton, Texas 76209 For Bid Number: 2866 Project Title: spencer Switch Site Work, Foundations, Ground Grid, Conduit System, and Fence From: Company Name: Mailing Address: .Ill .~'0 P,'lr~r~;som Lar~ City, State, Zip: Telephone: We offer th~ bid price stated on the following page in accordance with the specification for the above referenced project with materials to be delivered and work to be completed on the Spencer Utility Site in Denton, Texas. Signature: Title: Date: In submitting the attached bids, C.,an - g'~ C.~,n.-~-~,~.*.',~.~. '"t,. (company name) agrees that acceptance of any or all items by the City of Denton, Texas within 60 days constitutes a contract. The complete bid proposal must be properly priced, signed, and returned. Bidder: ~ a ,,- .;::e-~ d.~ 5{-~,~.,- */;~., ~--o. Page 1 of 2 BID PROPOSAL 57uod, ~,v Cubstation Site Worlq Foundations, Ground Grid~ Conduit System, and Fence · ' City of Denton Bid Number: 2866 " Bid Sllmmnry: - Item Price Site Work Fete ]0~ 000 Total Bid ~ce Total bid price inw0rds: '"Fv.~o ~ad ~o,,_~ N;~.,,~_/-~. 'T'hou~a~,/. Dollars Construction can be completed between August 1, 2002 and October 1, 2002? ~'~Yes No Arc there any exceptions t9 the specifications? '~ c~ w ~ If there are excsptions to the specifications, explain all such exceptions (attach additi0fial page if necessary). Page 2 of 2 Bond No. 194809 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Can-Fer Construction Company whose address is 11150 Morrison Lane, Dallas, TX 75229 hereinafter called Principal, and North. mm ,*'~nceAmerican r,,,,~,~ ,,, ~ Spec'i a'l'ty , a corporation organized and existing under the laws of the State 6~~ and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two Hundred & Nineteen Thousand DOLLARS ($219,000.00) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses,' attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the mount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-215, with the City of Denton, the Owner, dated the 16th .day of July A.D. 2002 , a copy of which is hereto attached and made a part hereof, for Bid 2866 - ~ Substation Site Work, Foundations, Ground Grid, Conduit System, and Fence. f:9 ~_q-"-"~. ~.~ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and Workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner 15om ail costs and damages wkich 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 v~nue 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., accompan.ying 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 dehvered 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, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrUment is executed infour .copies, each one of which shall be deemed an original, this the lSth day of July , 2002 ATTEST: ATTEST: SLrR_ETY North hmoriean Spocialty Insurance Company The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: Watson Aqency, Inc, 1701 N. Greenville, Ste 8~'~1 Richardson, TX 75081 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 2 Bond No. 194809 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PKESENTS: That Can-Fer Construction Company whose address is 11150 Morrison Lane, Dallas, TX 75229 hereinafter called Principal, and North k~erican specialty Tnm~ranc~e (~wp?ny , a corporation organized and existing under the laws of the State of New Han~Shire , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Two Hundred & Nineteen Thousand DOLLARS ($ 219,000.00 ) in lawful money of the United States, ~o be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which/ncreases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2002-215, with the City of Denton, the Owner, dated the 16th day of July A.D. 2002 , a copy of which is hereto attached and made a part hereof, for Bid 2866 - Spencer Switch Site. Work, Foundations, Ground Grid, Conduit System, and Fence. NOW, THBRBFORB, 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 rome 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 Govern_rfient Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-I of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in f°Urcopies, each one of which shall be deemed an original, this the 16th day of July ' , 2002 · ATTEST: PRINCIPAL SECRB~ARY - ATTBST: SURETY North An~rican Specialty Insurance ODmpany BY: ' ' ' · ATTORNEY-IN-FACT Debbie Smith The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STRBBT ADDRESS: Watson Aqency, Inc, 1701 N. C~reenville, Ste 811 .Richardson, TX 75081 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 NASSURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE pRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire, and having its principal oi~ce in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of ltasca, Illinois, each does hereby make, constitute and appoint: Ray Wataon~ Carol Gandenough and Debbie Smith jointly or severally its true and law~l Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature ora bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or coniTact of suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intematianal Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any 'o~o of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secreta~ or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to at'est to the execution of any such Power of Attorney, and to attach therein the seal of fac Company; and it is FURTH]~R RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the fature with regard to any bond, undertaking or contract of surety to whinh it is attached. IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2 day of May ~ 20 02 . State of Illinois County of DuPage 2 .day of North American Specialty Insurance Company Washington International Insurance Company May ,20 02 , before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be the voluntary act and deed of, their respective companies ................ -. ?omm*,m,~m~,~,~ . Yasmin A. Patel, Notary Public I, James A. Carpenter , Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of North American Speciality Insurance Comp~my, do hereby certify that the above and foregoing is a tyde and correct copy ora Power of Attorney given by the compares, which is still in flail force and effect. IN WITNESS WH~EREOF, I have set my hand and affixed the seals of the Companies this].6t:~ day of 0'Lll¥ ,20 02. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, aH insurance requirements shah become contractual obligations, which the successful bidder shah have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: tFithout 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 fde with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shah not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: o. Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. · All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: IX] A. General Liability Insurance: General Liability insurance with combined single limits of not less than SL000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. · Coverage B shall include personal injury. · Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. · Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: · any auto, or all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110. I10 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under ttfis contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT1 IX] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain fi.om 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. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. 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 mounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain ~om 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, with/n 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By si~tming 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 carder 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. 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 fi'om the governmental entity. AC. ORD. CERTIFICATE OF LIABILITY INSURANCE , GATE,M= , 07/22/02 ERODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Independent Insurance Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDOR 3010 LBJ Freeway Ste. 920 ALTERTHECOVERAGEAFFORDEDBYTHEPOMClESBELOW. Dallas TX 75234-7004_ Phone: ~72-231-8277 ; INSURERS AFFORDING COVERAGE Can-Fer Construction Co. Charles Ferrara 11150 Morrison Lane Dallas TX 75229 INSURER B: , ~NSURER C INSURER D; INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD iNDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ,MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DEBCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE BMETS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GENERAL LIABILITY A X COMMERCL~L GENERAL LIABILITY CPP132855700 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC DATE IMMIDDfYYI DATE {MMIDD/YY} 12/31/01 LIMITS , EACH OccuRRENCE $ 1 , 000 , 000 12/31/02 FtREO~GE(Anyonelim} ~ $ 100,000 ' MEDEXP (Anyone person) $ 5 ,000 PERSONAL & ADVINJURY $ I, 000 f 000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPfOPAGG $ 2 t 000,000 AUTOMOEILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS H~RED AUTOS NON-OWNED AUTOS Hired Car PD CA132855600 12/31/01 12/31/02 LIMIT $25,000 COMBINED SINGLE LIMIT (Ea at.dent) $ i, 000,000 BODILY INJURY {Per presort) S BODILY INJURY A · WORKERS COMPENSAT]ON AND EMPLOYERS' LL~BIUTY CU132946600 WC132856000 12/31/01 AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ AUTO ONLY: AGG $ ~ EACH OCCURRENCE 12/31/02 AGGREGATE 12/31/02 ' E.L EACHACCIDENT i E.L. 01SEASE - EA EMPLOYEEi 2,000,000 2,000,000 500,000 500,000 500,000 i OTHER A Lease/Rented Equip IM132855900 12/31/01 12/31/02 : It=~T.Lmit 500,000 ; $5,000 ded. MaxLimit 1,500,000 DESCRIPTION OF OPERAllONS/LOCA~ONSNEHICL ES/EXCL USIO NS ADDED BY ENDOESEMENTISPECtAL PRO%lSIONS P.E: ~id 2866 -~3~row substation Site Work, Foundations, Ground Grid, Conduit System and Fence. ~>~t~r%c~J~--~.. *** See Attached *** CERTIFICATE HOLDER I y ': ADDITIONALINSURED: INSURER LETTER: -- CANCELLATION CITYDEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOt~ DATE THEREOF, THE ISSUING INSURER 'KqLL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Denton IMFO~ENOOBUGAT]ONORUAeLITYOFANYKINDUFONTHEINEURE~.iTSAOENT~OR 215 E. McKinne¥ . REPRESENTATIVES. -- D,nton TX 76201 / , Peter Mulcah¥ ACORD 25~5 (7197) v --- ©ACORD CORPO ON 1988 O 'EPAD: INSURED'SNAME Can-Fer Construction Co. OPID BW City of Denton, its Officials, Agents, Employees, and Volunteers are liste d as additional insured. A waiver of subrogation applies to the Workers~ Compensation policy in favor of the City of Denton, its Officials, Agents, Employees and Volunteers. Said policy shall not be cancelled, nonrenewed or materially change without 30 day~ advanced written notice being given to the owner (City) excepet when the policy is being cancelled for non-payment of premium in which case 10 days advance written notice is required. PAGE 2 DATE 0?/22/02