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2001-361
ORDINANCE NO O01-Z,¢ I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE REMOVAL AND DISPOSAL OF LEAD BASE PAINT & ASBESTOS AT THE NEW CENTRAL FIRE STATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2727 - REMOVAL AND DISPOSAL OF LEAD BASE PAINT & ASBESTOS AT THE NEW CENTRAL FIRE STATION, AWARDED TO SOUTHWEST CONSTRUCTORS, INC , IN THE AMOUNT OF $28,728) WHEREAS, the City has sohclted, received and tabulated competitive b~ds for the construction of pubhc works or ~mprovements ~n accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has received and recommended that the here~n described bids are the lowest responsible b~ds for the construction of the pubhc works or ~mprovements described ~n the b~d lnwtat~on, bid proposals and plans and specifications there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the following competitive b~ds for the construction of pubhc works or improvements, as described ~n the "B~d Inwtat~ons", "B~d Proposals" or plans and specifications on file ~n the Office of the C~ty's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds BID NUMBER CONTRACTOR AMOUNT 2727 Southwest Constructors, Inc $ 28,728 SECTION 2 That the acceptance and approval of the above competitive b~ds shall not constitute a contract between the C~ty and the person submitting the b~d for construction of such pubhc works or ~mprovements here~n accepted and approved, untd such person shall comply w~th all mqmremcnts specified m the Not~ce to B~dders including the t~mely execution of a written contract and furmsh~ng of performance and payment bonds, and ~nsurance certtficate after notification of the award of the b~d SECTION 3 That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements ~n accordance with the b~ds accepted and approved here~n, prowded that such contracts are made ~n accordance w~th the Notme to B~dders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and specff~caUons, standards, quantmes and specified sums contmned therein SECTION 4 That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and improvements as authorized here~n, the Ctty Councd hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specified m such approved bids and authorized contracts executed pursuant thereto SECTION 5 That th~s orchnance shall become effective ~mmerhately upon ~ts passage and approval PASSED AND APPROVED this the /9 ~J day of ~, 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROLrry, CITY ATTORNEY Removal and Disposal of Asbestos - Containing Bid # 2727 Roof Materials and Lead Based Paint at Old Power Plant/ New Central F~re Station CONTRACT AGREEMENT CITY OF DENTON August 17, 2001 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered ~nto tins !.8 day of September A D, 2001, by and between C~t¥ of Denton of the County of Denton and State of Texas, acting through Mxke Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Southwest Constructors, I_nc P O Box 50469 Austln, TX 78753 of the C~ty of Austtn, County of Travls and State of Texas, hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed ~n the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work spemfied below B~d # 2727- Removal and D~sposal of Asbestos Contmmng Roof Materials and Lead Based Paint at Old Power Plant/New Central F~re Station ~n the amount of $28,728 00 and all extra work in cotmectmn therewith, under the terms as stated ~n the General Cond~ttons of the agreement, and at h~s (or their) own proper cost and expense to furnish all materials, supphes, macinnery, eqmpment, tools, supenntendence, labor, ~nsurance, and other accessories and servmes necessary to complete the work spemfied above, in accordance with the condtt~ons and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance w~th all the General Cond~tmns of the Agreement, the Spemal Conditions, the Not~ce to B~dders (Advemsement for B~ds), and Instructmns to B~dders, as referenced herein and on file m the office of the Purchasmg Agent, and In accordance w~th the plans, winch ~ncludes all maps, plats, bluepnnts, and other drawings and pnnted or written explanatory matter thereof, and the Specifications therefore, as prepared by Ray Easle¥, Easle¥ Consulting Enterpnses and Cxt~ of Denton Staff All of which are referenced here~n and made a part hereof and collectively ewdence and constitute the entire contract CA-1 71 Removal and D~sposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fire Station B~d# 2727 CITY OF DENTON August 17, 2001 Independent Status It ~s mutually understood and agreed by and between Clty and Contractor that Contractor ~s an mdependent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of mcome tax, wathholdmg, somal sectmty taxes, vacation or sink leave benefits, worker's compensation, or any other C~ty 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 servmes hereunder actor&rig to the attached specifications at the general d~rectxon of the C~ty Manager of the C~ty of Denton, Texas, or Ins designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the C~ty of Denton from any and all damages, loss, or habfl~ty of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or neghgent act of Contractor, ~ts officers, agents, employees, mwtees, and other persons for whom ~t ~s legally liable, w~th regard to the performance of tins Agreement, and Contractor will, at its cost and expense, defend and protect the C~ty of Denton agmnst any and all such claims and demands Choice of Law and Venue Tins agreement shall be governed by the law of the State of Texas and venue for its 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 m written notme to commence work and complete all work within the t~me stated in the Proposal, subject to such extenmons of t~me as are prowded by the General and Spemal Cond~tlons The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices shown In the Proposal, winch forms a part of tins contract, such payments to be subject to the General and Spemal Conditions of the Contract CA - 2 72 Removal and Dasposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fxre Statmn B~d # 2727 CITY OF DENTON August 17, 2001 IN WITNESS WHEREOF, the part,es of these presents have executed th~s agreement ~n the year and day first above written BY ATTEST (SEAL) CONTRACTOR MAILING ADDRESS PHONE NUMBER TITLE PRINTED NAME (SE ) CA - 3 73 Removal and Disposal of Asbestos - Contmmng Roof Materials and Lead Based Paint at Old Power Plant/ New Central F~re Statton B~d # 2727 CITY OF DENTON August 17, 2001 CONTRACT DOCUM]ENTS Hawng examined the Proposal, General Instructions, Materials, Executmn, Drawings, and Contract for (Bid # 2727) and Removal and D~sposal of Asbestos - Contmmng Roof Materials and Lead Based Paint at Old Power Plant/New Central F~re Statmn, and having examined the premises and circumstances affecting the work, the undermgned offer OFFER 1 To furmsh all labor, matenal, tools, eqmpment, transportatmn, bonds, all applicable taxes, mmdentals, and other facfi~taes, and to perform all work for the smd Removal and D~sposal of Asbestos - Containing Roof Materials and Lead Based Pmnt at Old Power Plant/New Central F~re Stataon for the followmg area Please check below to mdmate local preference A b~dder must request local preference conmderat~on by checking the box below The C~ty vall determine per State Law the b~dder's quahficat~ons as a local business By not marking the box below, the b~dder wmves ins right to the 3% local preference role [] Apply 3% Local Preference Due being a quahfied local business as determined by the C~ty of Denton m accordance wath State Law BASE BID - Removal and D~sposal of Asbestos - Contatmng Roof Materials and Lead Based Paint at Old Power Plant/New Central Fxre Statmn Note Wnte "No B~d" m the appropnate total column, ~fnot b~dd~ng that Item (Umt Pnce B~d ~s reqmred when bidding that ttem ESTIMATED PER UNIT UNIT PRICE BID QTY PRICE ITEM A Lead Based Paint Removal 1,000 LF , .2~/~ ~"q%F ITEMB Asbestos Abatement 750Sq Ft ]. Sq Ft ' In Words TOTAL B - Asbestos Abatement -- In Words ~ Words NO OF UNIT TOTAL DAYS PRICE INCREASE/DECREASE C Add/Deduot For Reductaon m Proposed Schedule $ $ 57 Removal and Disposal of Asbestos - Containing Roof Matcnals and Lead Based Paint at Old Power Plant/ New Central F~re Station Bad# 2727 CITY OFDBNTON Au~stlT, 2001 h Words ~-~ MATE~S $~~ TOT~ $~~ EXA.M_INATION OF SITE By mgnmg the Proposal Form, contractor acknowledges he is an authorized representative and has examined the sate and as aware of all field condmons, winch may affect the work TAXES Tax shall not be included m your bid Upon receipt of notice of acceptance of this bid, wltinn tturty (30) days of the date of tins proposal, I (or we) agree to execute the formal contract w~tban ten (10) days thereafter, and to dehver an Insurance Cemficate, a SURETY BOND m the mount of ONE HUNDRED and TEN PERCENT (110%) of the contract price for the fmthful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND The undersigned agrees to complete all work shown on the drawings and in the specfficatmns wlthm the tn-ne Inmts set forth below subject to additional days that may be added due to inclement weather and/or other justffied and reasonable extensions or time as may be approved by the Owner Contractors that are awarded contracts shall be prepared to lnmaechately sit down w~th the City of Denton Representataves and present a plan that w~I1 illustrate how progression of work is to take place to insure completion of all work wltinn specified time lmuts The time hrmts are as follows All work is to be started and completed w~thln 10 (forty) work days Work days are defined m the Supplementary Con~tlons If a contractor ~s awarded the project, the project must be completed within the dates shown above or the contractor wall be subject to hqmdated damages as set forth below 58 Removal and Disposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Plant/ New Central Ftre StaUon Bid # 2727 CITY OF DENTON August 17, 2001 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Southwest Constructors, Inc, whose address is P 0 Box 50469, Austin Tx 78753 hereinafter called Prmmpal, and, Gulf Insurance Company a corporation organized and existing under the laws of the State of Missouri , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation orgamzed and exmtmg under the laws of the State of Texas, hereinafter called Owner, in the penal sum of TWENTY EIGHT THOUSAND SEVEN HUNDRED TWENTY EIGHTDOLLARS ($28,728 00) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and hqmdated damages ansmg out of or connected with the below identified Contract, in lawful money of the United States, to be prod in Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby brad ourselves, our heirs, executors, admlmstrators, successors, and assigns, lomtly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, winch increases the Contract price, but m no event shall a Change Order or Supplemental Agreement, winch reduces the Contract price, decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME Is conthtloned as follows Whereas, the Pnnclpal entered into a certmn Contract, identified by Ordmance Number 2001-361, with the City of Denton, the Owner, dated the 18th day of September A D 2001, a copy of winch is hereto attached and made a part hereof, for Bid # 2727 Removal and Disposal of Asbestos - Containing Roof Matenals and Lead Based Pmnt at Old Power Plant/New Central Fire Station NOW, THEREFORE, if the Pnnmpal shall well, truly and fmthfully perform and fulfill all of the undertakings, covenants, terms, condlt~ons and agreements of said Contract m accordance with the Plans, Specifications and Contract Documents dunng the original term thereof and any extension thereof winch may be granted by the Owner, with or without notice to the Surety, and dunng the life of any guaranty or warranty reqmred under tins 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 smd Contract that may hereafter be made, notice of winch mod~ficatlons to the Surety being hereby wtuved, and, if the Principal shall repmr and/or replace all defects due to faulty materials and workmanslup that appear wltinn a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Pnnclpal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of fmlure to so perform herem and shall fully reimburse and repay Owner all outlay and expense which the Owner may ~ncur m makang good any default or defimency, then this obhgatmn shall be void, otherwise, it shall remain m full force and effect PB - 1 74 Removal and Disposal of Asbestos - Containing Roof Matermls and Lead Based Paint at Old Power Plant/ New Central Fare Station B~d # 2727 CITY OF DENTON August 17, 2001 PROVIDED FURTHER, that ~f any legal actaon be filed upon th~s Bond, exclusave venue shall he ~n Denton County, State of Texas AND PROVIDED FURTHER, that the stud Surety, for value receaved, hereby stapulates and agrees that no change, extension of time, alterataon or addtt~on to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficatmns, Drawings, etc, accompanying the same, shall m anywme affect tts obhgatlon on ti'ns Bond, and it does hereby wtuve notace of any such change, extenmon of tame, alteration or addltaon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficat~ons, Drawings, etc Th~s Bond as gtven pursuant to the provasaons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersagned and designated agent ts hereby desagnated by the Surety hereto as the Resident Agent in Denton County to whom any reqmsate noUces may be dehvered and on whom servme of process may be had an matters arising out of such suretyshap, as provaded by Arttcle 7 19-1 of the Insurance Code, Vemon's Annotated Cavil Statutes of the State of Texas IN WITNESS WHEREOF, thru tnstrument ts executed in shall be deemed an original, this the 25tl~day of September., 2001 4 copaes, each one of whmh PRINCIPAL Sou~st Constructors Inc ATTEST SURETY Gulf Insurance Company /ATTORNEY-IN-FACT The Resadent Agent of the Surety an Denton County, Texas for dehvery of notme and service of the process is NAME Tbo~a~ M. Zale STREET ADDRESS 4600 Fuller Dr. Irvlnq, TX 75038 (NOTE Date of Performance Bond must be date of Contract If Resadent Agent as not a corporataon, g~ve a person's name ) PB - 2 75 Removal and Disposal of Asbestos - Containing Roof Matermls and Lead Based Pamt at Old Power Plant/ New Central Fire Stataon Bid # 2727 CITY OF DENTON August 17, 2001 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Southwest Constructors Inc, whose address P O Box 50469 Austin, TX 78753 hereinafter called Principal, and Gulf Insurance Company , a corporation organ;zed and existing under the laws of the State of Missouri , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and ex~st~ng 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 bulkhng or improvements hereinafter referred to, in the penal sum of TWENTY EIGHT THOUSAND SEVEN HUNDRED TWENTY-EIGHT DOLLARS ($28,728 00) m lawful money of the Umted States, to be paid in Denton, County, Texas, for the payment of whmh sum well and truly to be made, we hereby b~nd ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents TI'ns Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnnclpal entered into a certain Contract, identified by Ordinance Number 2001-361, with the City of Denton, the Owner, dated the 18th day of September A D 2001, a copy of wluch is hereto attached and made a part hereof, ,for Bid #2727, Removal and Disposal of Asbestos - Contmmng Roof Materials and Lead Based Paint at Old Power Plant/New Central Fire Station NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplymg labor and/or material m the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of smd Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall he in Denton County, Texas AND PROVIDED FURTHER, that the smd 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, ere, accompanymg the same, shall in anywise affect its obhgatton on this Bond, and it does hereby wmve notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB - 3 76 Removal and D~sposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Plant/ New Central Ftre Station B~d # 2727 CITY OF DENTON August 17, 2001 This Bond ts gtven pursuant to the promsions 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 m Denton County to whom any reqmslte notices may be dehvered and on whom service of process may be had an matters anstng out of such surety, as provided by Article 7 19-1 of the Insurance Code, Vemoffs Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument ~s executed tn 4 copies, each one of which shall be deemed an onglnal, thru the 25thday of 8epteraber , 2001 S~I~RETJ. RY ' PRINCIPAL So'st .Co~uctors Inc. ATTEST SURETY The Resident Agent of the Surety in Denton County, Texas for dehvery of notme and service of the process ~s NA/VIE Thomas M. Zale STREET ADDRESS 4600 Fuller Dr Irvzng,TX 75038 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, gtve a person's name) PB - 4 77 Removal and Disposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Plant/ New Central F~re Station Bid # 2727 CITY OF DENTON August 17, 2001 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ~s Erected to the insurance reqmrements below It ~s h~ghly recommended that bidders confer with their respective insurance earners or brokers to determine m advance of Bid subunsslon the avallablhty of insurance certfficates and endorsements as prescribed and provided hereto If an apparent low badder fmls to comply strictly w~th the insurance reqmrements, that btdder may be d~squahfied fromawardofthecontraet Uponbld award, all lnsurancereqmrements shall become contractual obllgat~ons, wluch the successful b~dder shall have a duty to mmntmn throughout the course of tins contract STANDARD PROVISIONS' Wtthout hmlting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, contalmng the bid number and title of the prolect Contractor may, upon written request to the Purchasing Department, ask for clarfficat~on of any insurance reqmrements at any t~me; however, Contractors are strongly adwsed to make such requests prior to b~d opening, since the insurance reqmrements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or dehver any matenal until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance pohcies proposed or obtained in satisfaction of these reqmrements shall comply with the following general specifications, and shall be maintained in comphance with these general spe¢iflcatmns throughout the duration of the Contract, or longer, ~f so noted Each pohey shall be issued by a company authorized to do bumness in the State of Texas with an A M Best Company rating of at least A Any deductibles or selfqnsured retentnons shall be declared in the bid proposal If requested by the C~ty, the msurer shall reduce or ehmlnate such deductibles or self-insured 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 lnvestlgatmns, clmm adm~mstratlon and defense expenses · Lmbfuty pohmes shall be endorsed to provide the following Name as additional ~nsured the City of Denton, its Officials, Agents, Employees and volunteers · . That such ~nsurance is pnmary to any other insurance avmlable to the add~tlonaI 78 Removal and Dasposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Planl/ New Central Fire Station B~d # 2727 CITY OF DENTON August 17, 2001 insured with respect to claims covered under the pohcy and that th~s ~nsurance applies separately to each insured against whom clatm is made or suit ~s brought The inclusion of more than one insured shall not operate to increase the ansurer's hm~t of hablhty · All pohcles shall be endorsed to read. "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MA TERIALL Y 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 reqmred insurance be provaded under a claims-made form, Contractor shall malntmn such coverage continuously throughout the term of thas contract and, wathout lapse, for a penod of three years beyond the contract explrataon, such that occurrences arising during the contract term winch gave nsc to clmms made after exparataon of the contract shall be covered Should any of the reqmred insurance be provaded under a form of coverage that ancludes a general annual aggregate lma~t providing for clmms ~nvestagataon or legal defense costs to be ancluded an the general annual aggregate hmat, the Contractor shall eather double the occurrence hmats or obtmn Owners and Contractors Protective Llainhty Insurance Should any required ~nsurance lapse dunng the contract term, requests for payments onglnatmg after such lapse shall not be processed until the Caty receives satasfactory evidence of reinstated coverage as required by thas contract, effectave as of the lapse date If insurance ~s not reinstated, City may, at ats sole option, terminate thas agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS. All insurance pohcies proposed or obtained in satisfactaon of this Contract shall add~tionally comply with the following marked specifications, and shall be maintained m comphance wath these additional specifications throughout the duration of the Contract, or longer, ~f so noted' [X] A General Liability Insurance: General Lminhty ansurance with combaned sangle hmats of not less than $1,000,000 shall be provaded and malntmned by the Contractor The policy shall be written on an occurrence bas~s eather an a single pohcy or an a combmataon of underlying and umbrella or excess pohmes If the Commermal General Lminhty form (ISO Form CG 0001 current ed~taon) is used · Coverage A shall anclude premases, operatmns, products, and completed 79 Removal and Disposal of Asbestos - Contammg Roof Materials and Lead Based Pamt at Old Power Plant/ New Central F~re Statxon B~d ii 2727 CITY OF DENTON August 17, 2001 operations, independent contractors, contractual liability covenng this contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, ~s not required If the Comprehensive General Llabihty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall mclude at least Bodily injury and Property Damage Liability for prenuses, operations, products and completed operations, mdependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habfllty (preferably by endorsement) covenng thts contract, personal injury habfllty and broad form property damage habfllty [X] Automobile Liability Insurance' ix] [] Contractor shall provide Commercial Automobile Liability ~nsttrance w~th Combined Single L~mits (CSL) of not less than $500,000 either ~n a single policy or in a combination ofbamc and umbrella or excess policies The policy will include bodily injury and property damage habfltty anmng out of the operation, maintenance and use of all automobiles and mobile equipment used m conjunction w~th fins contract Sattsfactxon of the above requirement shall be in the form of a policy endorsement for · any auto, or · all owned, hired and non-owned autos Workers Compensation Insurance Contractor shall purchase and mmntmn Worker's Compensation insurance whmh, ~n addition to meeting the nnmmum 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 hm~t for occupational chsease The City need not be named as an "Additional Insured" but the insurer shall agree to wave all nghts of subrogation agmnst the C~ty, its officmls, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For balding or construction projeets, the Contractor shall comply with the provisions of Attachment 1 in accordance w~th §406 096 of the Texas Labor Code and ale 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) Owner's and Contractor's Protective Liability Insurance 80 Removal and D~sposal of Asbestos - Containing B~d # 2727 CITY OF DENTON Roof Materials and Lead Based Paint at Old Power Plant/ August 17, 2001 New Central Frre Statmn The Contractor shall obtmn, pay for and mmntam at all times dunng the prosecution of the work under thas contract, an Owners and Contractor's Protectave Laabflity insurance pohcy naming the City as insured for property damage and bodily injury which may arise ~n the prosecution of the work or Contractor's operations under this contract Coverage shall be on an"oecurrenee" basis, and the pohey shall be assued by the same insurance company that tames the Contractor's hablhty insurance Pohey limits will be at least combined bodily in~ury 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 unavmlable to the contractor or if a contractor leases or rents a portion of a City bmldmg Limits of not less than each occurrence are reqmred [] 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 reqmred under this Agreement [] Builders' Risk Insurance Builders' Risk Insurance, on an All-Rask form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [] Additional Insurance Other insurance may be reqmred on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that reqmrement will be described in the "Specific Conditions" of the contract specifications 81 Removal and Disposal of Asbestos - Containing Roof Materials and Lead Based Paint at 01d Power Plant/ New Central F~re Stataon B*d # 2727 CITY OF DENTON August 17, 2001 ATTACHMENT 1 Worker's Compensation Coverage for Braiding or Construction Projects for Governmental Entrees A Definitions B C D E Certificate of coverage ("cemficate")-A copy of a certificate of insurance, a certificate of authority to self-msnre 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 entlty's employees provldmg services on a project, for the duration of the project Dnratlon of the project - includes the time from the beglnmng 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 entattes perforrmng all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted chrectly with the contractor and regardless of whether that person has employees This includes, w~thout hmltat~on, independent contractors, subcontractors, leasing companies, motor careers, owner-operators, employees of any such entity, or employees of any entity whmh furnishes persons to prowde services on the project "Services" ~nclude, without lma~tatlon, prowdlng, hauhng, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project "Servmes" does not mclude activities unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable toilets The contractor shall provide coverage, based on proper reporting of classfficataon codes and payroll amounts and fihng of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor promdlng services on the project, for the duration of the project 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 dunng 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 The contractor shall obtain from each person providing services on a project, and provide to the govemmantal enttty 82 Removal and Disposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Plant] New Central F~re Statmn Bxd # 2727 CITY OF DENTON August 17, 2001 (2) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file ee~ficates of coverage showing coverage for all persons providing services on the project, and no later than seven days after receipt by the contractor, a new ce~ficate of coverage showing extension of coverage, if the coverage period shown on the current eertfficate of coverage ends during the duration of the project The contractor shall retain all reqmred certificates of coverage for the duration of the project and for one year thereafter The contractor shall notify the governmental entity m writing by certffied 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 sate a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, mfonmng 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 at contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classfficatlon codes and payroll amounts and filing of any coverage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of its employees promdlng services on the project, for the duration of the project, (2) (3) provide to the contractor, prior to that person beglnmng work on the project, a certificate of coverage showing that coverage as being provided for all employees of the person providing servmes on the project, for the duration of the project, provide the contractor, pnor to the end of the coverage per[od, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom at 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 per[od, if the coverage period shown on the current cemficate of coverage ends dunng the duration of the project, 83 Removal and Disposal of Asbestos - Containing Roof Materials and Lead Based Paint at Old Power Plant/ New Central Fxre StaUon B~d # 2727 CITY OF DENTON August 17, 2001 J K (5) retmn all reqmred certfficates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity In writing by certified marl or personal dehvery, w~thm 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 reqmre each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certfficates of coverage to be prowded to the person for whom they are provlrhng services By sigmng th~s contract or providing or causing to be prowded a certffieate 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 classffieatIon codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate ~nsurance career or, m the case of a self- insured, with the comaniss~on's Diws~on of Self-Insurance Regulation Providing false or m~slearhng information may subject the contractor to administrative penalties, criminal penalties, ciwl penalties, or other civil actmns The contractor's failure to comply with any of these provisions ~s 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 w~thin ten days after receipt of notice of breach from the governmental entity Bid 2727 - Removal and Disposal of Asbestos - Contmmng Materials and Lead Based Pmnt at Old Power Plant/New Central Fire Station 84 GULF INSURANCE COMPANY ST LOUIS, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWEROF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL KNOWN ALL MEN BY THESE PR[SENTS That the Gulf Insurance Company a corporation duly orgamzed under ~he laws of the State of M~ssoun hewn9 ds principal ofhcem the city of Irwng Texas pursuant to the following resolution adopted by ihe Finance & Executive Committee of the Board of D~r~.tors of ~he said Company on ~he 10th day of August 1993 to w~ RESOLVEO that the President Executive Vice President or any Semor V~ce President or the Company shall have authority to make execute and debver a Power or Attarnay consh~utmg as Atorney ~n Fac[ such parsons hems or corporal~ons as may be selected from ume to i~me and any such Attorney m Fact may he removed and ihe auihonty granted h~m revoked by the Pres~deni or any Execull'~ V~ce President or any Semor V~ce President or by the Board of Directors ar by the Finance and Ex<uuve Commmee ortho Board of D~raclors RESOLVED that nothing ~n th~s Power or Attorney shall be construed as a Brant of authority/~o the altarney s m fact io s~n execute, acknowledBe debver or otherwise ~ssue a pohcy or pohclas of ~nsurance on behatf of Gulf nsurance Company R[SOLVEC that the s~gnature of ihe President Executive Vice President or any Semor Wce President and the Seal of the Company may be aff~xed to any such Power or Attorney or any cerhhcate relating thereto by fac$1mde and any such powers so executed and certdted by facslmde s~gnature and face,male seai shall be vahd and b~ndmg upon the Company m the future w~th respect to any bond and documents relating lo such bonds to which they are atiached Gut[ Insurance Company does hereby make constdute and appoint BOND NUMBER BE '1837254 NAME ADDRESS PRINCIPAL CITY STATE ZIP Southwest Constructors Inc P.O. Box 50469 Austin, TX 78763 EFFECTIVE DATE September 18, 2001 CONTRACTAMOUNT $ 38,728.00 BONDAMOUNT $ 28,728 00 Wdham Gammon, III Matt Berry Andrea H Peck ~ts true and tawful attorney(s) in fact with full power and authority hereby conferred ~n ~ts name place and stead to s~gn execute acknowledge and deliver In Its behalf as surety any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as ~f any bonds undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and alt the acts of sa~d attorney(s) ~n fact pursuant to the authority here~n g~ven are hereby raiff~ed and confirmed The obbgetlon of the Company shall not exceed five mllhon (5 000 000) dollars IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be s~gned by any officer of the Company and Rs Corporate Seal to be hereto affmed J ~ STATE OF NEWYORK ~ SS COUNTY OF KINGS On th~s 28th day of Jury, 2000 A D, before me came Lawrence P Minster, known to me personally who being by me duly sworn, d~d depose and say that he resides m the County of Bergen, State of New Jersey, that he is the Executive Vine President of the Gulf Insurance Company, the corporauon described in and which executed the above Instrument, that he knows the seal of said corporation, that the seal affixed to the said instruments is such corporate seal, that ~t was so affixed by order of the Board of Directors of sold corporation and that he signed his name thereto by like order STATE OF NEWYORK ~e SS COUNTY OF NEWYORK J GU ,LF/~SURANCE COMPANY Lawrence P Mlntter Executive Vice President I, the undersigned, Semor V~ce President of the Gulf Insurance Company, a M~ssoun Corporation, DO HEREBY CERTIFY that the foregoing and attached 8024 BE (7/2000) POWER OF ATTORNEY remains m full force Signed and Sealed at the City of NewYork Dated the /~'day~~20~) ~ GeorRe Bmncardi Senior Vtce Prestdent Notary Public, State of NewYork No 02JA4958634 Qualified in Kinge Gounty Gommission Expiree December 30 2001 to, GULl: INSURANCE COMPANY ST LOUIS, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWEROF ATTORNEY ARE PRINTED ON SLUE SAFETY PAPER WITH TEAL INK DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSI~ED IN CONJUNCTION WITH THE ORIGINAL KNOWN ALL MEN BY THESE PRESENTS That the Gulf Insurance Company a corporauon duly orgamzed under the laws of the State of Missouri hawng its prmclpal office in the city or fwng Texas pursuant to the followmg resolutmn adopted by the E~nance & Execuhve Committee of the Board of O~rectors of the sa~d Company on the 10th day of August 1993 to w~t RESOLVED Ihat lhe President Executive V~ce President or any Semor V~ce President of the Company shall have autndray to make execute and dehver a Power of A[tarney conshiutmg as Attorney ~n Fact such persons firms or corporabons as may be setected from brae to time and any such Attorney ~n Fact may be removed and the outhoety granted him revoked by the President or any Executive V~ce Pras~dem or an}, Semor Vice President or by the Board of Directors or by the Elanco and Execuuve Committee tathe Board of Dimciors RESOLVED that nothmg ~n th s Power of Aitarney shall be construed as a grant of authority to the attorney s) in fact to sm.gn execg~ acknowledge de)mr or othe~lse issue a policy or policies of insurance on behalf of(;ulf nsurance Company RESOLVED that the signature of the PresldmL Executive Vice President or any Smlor Vice President and the Seal oF the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile and any such powers so executed and certified by facsimile signature and facslmde seal shall ~ vabd and blndln9 upon the Company in the future with respect to any bond and documents relaBng to such bonds to which they are attached Gulf Insurance Company does hereby make constitute and appmnt BOND NUMBER BE 1837255 NAME ADDRESS PRINCIPAL CITY, STATE ZIP Southwest Constructors, Inc P O. Box 50469 Austin, TX 78763 EFFECTIVE DATE September 18, 2001 CONTRACT AMOUNT $ 28,728 00 BOND AMOUNT $28,728.00 William Gammon, III Matt Berry Andrea H Peck its true and lawful attorney(s) in fact, with full power and authority hereby conferred In its name place and stead to sign execute acknowledge and deliver m its behalf as surety any and all bonds and undertakmgs of suretyship and to bind Gulf Insurance Company thereby as futly and to the same extent as if any bonds undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized off)car of the Gulf Insurance Company and all the acts of sa~d attorney(s) in fact pursuant to the authority herein given are hereby ratified and confirmed The ob)igatlOn of the Company shall not exceed five mllbon (5 000 000) dollars IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and tis Corporate Seal to be hereto affixed J ~ STATE OF NEWYORK "~ SS COUNTY OF KINGS On th~s 28th day of July 2000 A D before me came Lawrence P Miniter, known to me personally who bemg by me duly sworn, d~d depose and say, that he reredos m the County of Bergen, State of New Jersey, that he ~s the Executive V~ce President of the Gu f Insurance Company, the corporat on descr bed In and which executed the above instrument, that he knows the seal of said corporation, that the seal affixed to the smd mstruments Is such corporate seal, that ~t was so affmed by order of the Board of Directors of said corporation and that he s~gned h~s name, thereto by hke order STATE OF NEWYORK '~ SS COUNTY OF NEWYORK GU ,LF/~SURANCE COMPANY Lawrence P Mlmter Executive Vice President I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Massoun Corporatmn, DO HEREBY CERTIFY that the foregomg and attached 8024-BE (7/2000) POWER OF ATTORNEY remmns in full force Signed and Sealed at the City of NewYork Dated the George Blancardt Senior Vice President Notary Public State of NewYork No 02]A4958634 Qualified In Kings County Commission Expires December 30 2001 CORPORATE RESOLUTION I, ~Secretary of Southwest Constructors Services, thc, a Texas corporation he, rsby certi~ that at a meeting of the Board of Directors of said corporation held on September 1, 2000, the following resolution was unanimously adopted, and that said resolution remains unchanged and in full force and effect as of the date below stated Resolved, that each and any of the persons named below be, and are hereby authorized and Inpowered in the name and on behalf of this corporation, to execute bids, bid bonds, payment and performance bonds and/or contraots In regard to transactions between this corporation and any party for the performance of construction, demolition, asbestos abatement, lead removal and any and all other such contracts as may be reasonably necessary for this corporation to carry out Its business, NAME Ross M. Rath_oeber E Ident Vice President/Secretarv In w~tness whereof I have hereunto set my hand thls¢~r~'\X day Vice President of ~, 2000 Subscribed and sworn to before me this ay o 2000 ACORD CERTIFICATE OF LIABILITY INSURANC o'.% 2 BATB,MM,DB Y, . __ 09/25/01 PRODUCER ' I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW W~ll~amGammon Insurance 1615 Guadalupe Austin TX 78701 Phone 512-477-6745 ISUREB LINSURER A 'INSURER Southwest Constructors, Inc P o .o. INSURERB Austin TX ENSURERS AFFORDING COVERAGE Royal S__u. rpl~ L~nes Ins Co Royal Insgrance Co Southern Count~Mutual Texas WC Ins Fund :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONUITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS L~i~I TYPE OF INSURANCE POMCY NUMBER D~TE {MMIDD/'f'Y) DATE (MMIDO/YY} E? O0CUR__.ENCE LIMITS A X ~COMMERCIAL GENERAL_ LIABILITYi cLA,MS MADE I X I OCCUR [ DE. L ^OGREG^TE r , I PRO I I LOC KZE530428 STC543049-0 $ 6,000,000 05/19/01 05/19/02 I FIRE DAMAGE (~y one fire) $ 50, 000 MED EXP (Any one person) $ 5 I 000 I PERSONAL&ADVINJURY $6,000,000 GENERAL AGGREGATE $ 6,000,000 I PRODUCTS C~OMPIOP AGG $ 6,000,000 05/19/01 05/19/02 COMBINED SINGLE LIMIT $1,000,010 I ANY AUTO I , , CLAIMSMADE i ptIA015772 = DEDUCTIBLE I RETENTION $ I WORKERS COMPENSATION AND EMPLOYERS LIABILITY OTHER EA ACC $ OTHERTHAN AUTO ONLY AGG $ I TSF11620702 05/19/01 05/19/02 EACH OCCURRENCE AGGREGATE 05/19/01 OTH ER ~5,000,000 $5,000,000 $ $ $ WC STAIU TORY LIMITS 05/19/02 I EL EACH ACCIDENT $ 1000000 I EL DISEASE EAEMPLOY__EEJ $ 1000000 i EL DISEASE POLICYL{MIT $1000000 i PE~TiONSlLOCATIONBN~HICLE~BXCLUS)ONSADDEDBYENDORSEMENTIEPECIALPROVISIONS DEECRIPTIONOFO Name of Pro3ect C~ty of Denton #2727, Old Power Plant-Denton, TX Job Description Removal & D~sposal of Lead & Asbestos C~ty of Denton, Its Offlcxals, Agents, Employees and Volunteers are named as =~t~onal ~nsureds on the General Llab~llt¥ Policy CErTiFiCATE HOLDER iN i ADDITIONAL INSURED INSURER LETTER CANCELLATION CITDE-1 Caty of Denton 901B Texas Street Denton TX 76201 ACORD 25 S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO~ DATE THEREOF THEISSUINGINSURERWILLENDEAVORTOMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES ©ACORD CORPORATIUR1988 SOWES-2 NOTEPAD:I ,.su.~D'S.AM~ ~o~w.,~ con.t=.ctors. ~nc 0.,0 GA Th~s ~nsurance Ks primary to any other ~nsurance available to the addmtxonal xnsured wxth respect to claxms covered under the polxcy "Saxd polxcy sha~l not be cancelled, nonrenewed or mater~ally change wxthout 30 days advanced wrxtten notxce being given to the owner (Cxty)except whe~ the polxcy Ks bexng cancelled for non payment of premmum xn whxch case 1,0 days advance written notmce xs requmred Waxver of Subrogation applxes to Workers Compensatmon for the Cxty of Denton, 1ts offmclals, agents, employees and volunteers for work performed for the Cxty by the named xnsured PAGE 2 DATE 09/25/01