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1999-025 ORDNANCE NO qq AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR ROADWAY BORES UNDER UNIVERSITY AT ELM AND UNIVERSITY AT LOCUST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #2327 - BORES, UNIVERSITY DRIVE AT ELM AND LOCUST IN THE AMOUNT OF $77,605) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpubhc works or unprovements m 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 deacnbed bids are the lowest responsible bids for the construction of the public works or improvements deacnbed in the bid invitation, bid proposals and plans and specifications therein, NOW, TItEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS ~ That the following competitive bids for the construction ofpubhc works or improvements, as descnbed in the "Bid Inwtat~ons", "Bid Proposals" or plans and specifications on file m 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 ~ CONTRACTOR AMOUNT 2327 DUVAL & SONS, INC. $77,605 ~ 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 pubhc works or improvements herem accepted and approved, until such person shall comply with all reqmrements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid ~ 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 ~ That upon acceptance and approval of the above competitive b~ds and the execution of contracts for the public works and ~mprovements as authorized hereto, the C~ty Cotmcfl hereby authorizes the expenditure of funds ~n the manner and in the amount as specffied ~n such approved b~ds and anthonzed contracts executed pursuant thereto ~ That th~s orchnance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED th~s the,~/'le~2 day of~~m_,1999 SACK MILLE~, MAY6R ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2327 - BORES, UNIVERSITY AT ELM AND LOCUST ORDINANCE CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2 day of FEBRUARY A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and DUVAL & SONS, INC. 6125 DEWITT SACHSE, TX 75048 of the City of SACHSE County of DALLAS 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 m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2~27- BORES, UNIVERSITY DRIVE AT ELM AND LOCUST m the amount of $ 77,605 and all extra work in connection therewith, under the terms as stated m 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 attached hereto, and m accordance with all the General Con&t~ons of the Agreement, the Special Condmons, the Notice to Bxdders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and m CA- 1 accordance with the plans, which mcludes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of whmh are made a part hereof and collecUvely evidence and constitute the entire contract Independent Status It Is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or consxdered an employee of the Cxty of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacatmn or s~ck leave benefits, worker's compensation, or any other City employee benefit City shall not have supervis~un and control of Contractor or any employee of Contractor, and ~t Is expressly understood that Contractor shall perform the services hereunder according to the attached specfficattons at the general dlrectmn of the City Manager of the City of Denton, Texas, or tus designee under this agreement Indemnificatmn Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or hablhty of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omlssmn or negligent act of Contractor, its officers, agents, employees, mvltees, and other persons for whom it is legally hable, with regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense, defend and protect the City of Denton agmnst any and all such clauns and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for ns construction and enforcement shall he 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 not,ce to commence work and complete all work within the tune stated in the Proposal, subject to such extensions of tune as are provided by the General and Spemal Contht~ons The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown m the Proposal, wfuch forms a part of tins contract, such payments to be subject to the General and Special Condmons of the Contract CA - 2 IN WITNESS WHEREOF, the pames of these presents have executed this agreement in the year and day first above written ATTEST - -~ ' (SEAL) ~ ~NTRACTO~ ~.~. MAILING ADDRESS PHONE NUMBER FAXNU~ER TITLE APPROVED AS TO FO~ P~NTED NAME ~~/~ (SEAL, CITY ATTORNEY [ CA - 3 Bond No TXC 1564 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DUVAL & SONS, INC, whose address is 6125 DEWITT, SACHSE, TX 75048, hereinafter called Prmc~pal, and MERCHANTS BONDING COMPANY (MUTUAL) , a corporation orgamzed and existing under the laws of the State of IO, m , and fully authorized to transact busmess m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumclpal corporaUon organized and ex~stmg under the laws of the State of Texas, hereinafter called Owner, m the penal sum of SEVENTY SEVEN THOUSAND SiX HUNDRED FIVE and no/100 DOLLARS ($77,605) plus ten percent of the stated penal sum as an adthtional sum of money representing addmonal court expenses, attorneys' fees, and hquldated damages arlsmg out of or connected wtth the below Identified Contract, m lawful money of the Umted States, to be paid m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby brad ourselves, our he,rs, executors, admlmstrators, successors, and assxgns, jointly and severally, ftrrrdy by these presents Tins Bond shall automatically be increased by ~e amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the Pnncxpal entered into a certain Contract, identified by Ordinance Number 99-025, w~th the C~ty of Denton, the Owner, dated the 2 day of FEBRUARY A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2,327 - BORES, UNIVERSITY DRIVE AT ELM AND LOCUST. NOW, THEREFORE, ff the Prmc~pal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract m accordance w~th the Plans, Specfficattons 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 durmg the hfe of any guaranty or warranty reqmred under tins Contract, and shall also well and truly perform and fulfill all the undertalangs, covenants, terms, conditions and agreements of any and all duly authorized modfficanons of said Contract that may hereafter be made, notice of winch modffications to the Surety being hereby waived, and, ff the Prlnclpal shall repmr and/or replace all defects due to faulty materials and workmansinp that appear wtthm a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Pnnc~pal shall fully ~ndenmlfy and save harmless the Owner from all costs and damages winch Owner may suffer by reason of failure to so perform herein and shall fully reunburse and repay Owner all outlay and expense winch the Owner may recur m makmg good any default or deficiency, then th~s obligation shall be vmd, otherwise, ~t shall remain m full force and effect PB - I PROVIDED FURTHER, that if any legal actwn be flied upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, 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 m anywise affect its obligation on tins Bond, and it does hereby waive not,ce of any such change, extension of time, alteratmn or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficatmns, Drawings, etc This Bond m g~ven 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 hereto as the ResMent Agent In Denton County to whom any reqmsge notices may be dehvered and on whom serwce of process may be had in matters arising out of such suretyslup, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated C~vfl Statutes of the State of Texas IN WITNESS WHEREOF, th~s instrument is executed m 4 cop~es, each one of which shall be deemed an original, this the 2 day of FEBRUARY 1999 ATTEST PRINCIPAL SECRETARY { BY PRESIDENT ATTEST SURETY ATTORNEY~N-i~ACT~' ~P, ay Watson The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service of the process is NAME ~on E. 31 05 Prestonwood Dr., Plano TX 75093 STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a corporatton, gtve a person's name ) PB - 2 rchants Bondint Compan (MUTUAL) POWER OF A'I-I'ORNEY Know All Men lay ~ preae~t~, that the MERCHANTla laONDINO COMPAN~Y (M UT?_AL.). and to bind the MEFICHANT8 BONDING COMPANY (MUTUAL) thereby~as~ ~/~ ~a~]~ }~,~e ,s~. ,m~ e .e.x? ~ as pumuant to the authority heroin glve~, are hamby ratified and =o~fhmed adopted by the Board of Dtm~tom of the MERCHANTS BONDING COMPANY (MUTUAL) on O~tober 3 1992 ity to appoint Altomeya-ln-Fa~t and to autho~ze them to execute o~ behalf of the Company and a.t?~ the laeal~of~th_e._. Ce, ~y thereto, ~ arid undedaklng~, re~3gnlZallOea, ~ontr~t~ of Indamnlty and other wr~ngs obllgator/ n me nature re°rem In Witness Whereof, MERCHANT8 BONDING COMPANY (ML.q3JAL) ha~ cauaed these preaenis to be signed by Its Vlce. Pm~ldant md ~ ;orporate Mai to be hereto afl~:l, this ].St day of Jalla'u~ ].o~ A D ~.~'~- '~''., :=;~..,pe/~ .. ,,. MERCHANTS BONDING COMPANY (MUTtJ ,L) - 8'rATE OF IOWA on this 1st dayof ~am~aA~ 199~ .. ~.x, ..... <' o ee ~ ... '~.. e~ Notary ~ P~k County k ,' .; IOWA : My Commission "'..~' , ... ~ / Expires2.19-01 STATE OF lC)WA %°°4~! A%." ~. w,,is.n w.r~r, Jr. ~ret~ o~ th; MERCHANTS BONC~N~ COMPANY <MUTUAL) ,~o ~redy in force and eftoof M~o.,4 ~.. 1633 ..~.. Bo~ ND ~ 1564 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DUVAL & SONS, INC, whose address is 6125 DEWITT, SACHSE, TX 75048, heretnafter called Principal, and ~im~s ~O~DT~ 00~ (~U~UAL) , a corporation orgamz .~d and existing under the laws of the State of xiy~/g , and fully authorized to transact busme ~s m the State of Texas, as Surety, are held and fLrmly bound unto the City of Denton, a n umclpal corporation orgamzed and existing under the laws of the State of Texas, herelnaR~ :r called Owner, and unto all persons, f'mns, and corporations who may furnish materials for, or perform labor upon, the bmldlng or improvements hereinafter referred to, in the pena L sum of SEVENTY SEVEN THOUSAND SIX HUNDRED FIVE and no/100 DOLLARS (I m lawful money of the Umted States, to be pa~d in Denton, County, Texas, for the pa', ,ment of which sum well and truly to be made, we hereby bind ourselves, our heirs, e: :ecutors, administrators, successors, and assigns, jointly and severally, firmly by these presen s This Bond shall automattcally be increased by the amount of any Change Order or Supg lemental Agreement which increases the Contract price, but in no event shall a Change ()rder or Supplemental Agreement which reduces the Contract price decrease the penal sun of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the 'nnclpal entered into a certain Contract, ldenufied by Ordinance Number 99-025, with the City of Denton, the Owner, dated the 2 day of FEBRUARY A.D. 1999, a copy of which is hereto attached and made a part hereof, for BID # 2327 - BORES, UNIVERSITY DRIVE ~T ELM AND LOCUST. / NOW, THEREFORE, if the Principal shall well, truly and faithfully perform ~!s duties and make prompt payment to all persons, firms, subcontractors, corporations and.~ :~nnants supplying labor and/or material m the prosecution of the Work provided for in sala ~ontract and any and all duly authorized modifications of said Contract that may hereafter ~e made, notice of which mod~ficaUons to the Surety being hereby expressly waived, then this ~ bhgatlon shall be void, otherwise it shall remain m full force and effect PROVIDED FURTHER, that d any legal action be filed on this Bond, exclusi ye venue shall lie m Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of trine, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speci ficaUons, Drawings, etc, accompanying the same, shall in anywise affect its obligation on .is Bond, and ~t does hereby waive notice of any such change, extension of tune, alteration or ld~Uon to the terms of the Contract, or to the Work to be performed thereunder, or to te Plans, Specifications, Drawmgs, etc PB - 3 TI'ns Bond m g,ven pursuant to the provm,ons of Chapter 2253 of th Texas Government Code, as amended, and any other appl,cable statutes of the State of Texas. The unders,gned and des,gnated agent m hereby demgnated by the Surety here a as the Res,dent Agent m Denton County to whom any reqmmte not,ces may be dehvere~ and on whom serv,ce of process may be had m matters arming out of such suretyship, as pro aded by Art,cie 7 19-1 of the Insurance Code, Vemon's Annotated C,vll Statutes of the State ot Texas IN WITNESS WHEREOF, fins instrument m executed m 4 copies, each one. ! wh,ch shall be deemed an original, thru the 2 day of FEBRUARY 1999 ATTEST PRINCIPAL PRESIDENT ' ATTEST SURETY ~:~ ATTORNEY-IN-FACT, ~-~1 Watson The Res,dent Agent of the Surety in Denton County, Texas for delivery of notice an, serwcc of the process m NAME Don E. Smith STREET ADDRESS 3105 Prestonwood Dr., Pla.no TX 75093 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ~s not a corporatton, give a person's name ) 2327 CONTRACT & BONDS PB - 4 Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Men By Th·aa Pr·santo, that the MERCHANTS BONDING COMPANY (MUTUAL) a corporntmn duly organized under the laws of the State o~ Iowa, and having its prthetpal office in ~ha City of D. ec Molnaa County of Polk State of Iowa, heU1 made constituted and appointed and da~ by thone preaants make, ~natltute and apa~nt of ~3.~'],~"(:~K3n ~cl State of r~ its true and lawful Attorney in Fact with full power net exnaed the ame, unt of and to bled the MERCHANTS BONDING COMPANY (MUTUAL) thereby aa fully and to the name extent a~ if su~ boed or uededaidng was agnad by thelduly authaifw:l off,em of the MEBO~_AN~"a ~OND. ING .COMPANY (MUTUAL) and all such acts of Said Attorney in pursuant to the authedty herein given are hereby retmsul on~ ashen'nee This Power~foAtfomey ia made and exe~ted pursuant to and by autheifty of the following Amended Subetttuted and Restated By Laws adopted by the Boa~ of Dlrantore of the MERCHANTS BONDING COMPANY (MLrrUAL) on October 3 1992 ARTICLE II, SECTION 8 - The Chairman of the I~ard or president or any Vlna Prealdant or Secretary shell have power and author Ity to ~ Altomeya-ln-Faof, and to authorize them to executo on bohall of the Company and attec~ the Seal of the Company theretO, bonde and undeheklnga, mongnlzancee, contracts of indemnity and other writings ~flgatoe/In the nature thereof ARTIC~LE , SECTION a - The algnatore of any autterized oflfoer Ned the Seal of the Comfy n?y b~ aflxed by ?a?_lmlle rt Oceaniar powe~ of Attorney or Ce~,atfon thereof author;z ng the execution and delive~ of any t~cl, UnamlaK ng recogae, anna, o om ~,~llgatlona of the Company, Ned au~l signature and nast when su uecd shstl have the name force and effunt aa though In Wifnaaa Whereof, MERCHANTS BONDING COMPANY (MUTUAL) hen nausud these presents to be signed by its Vina-praaident and ~ oofl~omfo aeal fo pa hereto affixed, thla [~t deyof ~'~ar~, [998 AD MERC.ARTB BO.D,.G COMPANY STATE OF IC~A · · · · · · COUNTY OFIPOLK Co this ].~1: day of ~TaY!t.~ ].99~ before me appeared Lan7 Tayfor, to ma pamonally known, who being by me duly Kwom did any that he is V~ce President'of the MERCHANTS BONDING COMPANY (MLYrUAL) the omporetlOn dea~tbed In the foregoing Inatmmont, and that the Seal affixed to the said instrument ia the Corpureto Seal of the said Corporation Ned that the said Instrument was algnad and aaaled in behalf of said Coq)oration by authority of its Board of Directors In Testimony Whereof, I have hereunto set my ~ Ned affixed my Official Seal at the C~ty of Des Mo~nes Iowa, the day and year first above written : : IOWA My Comml~lon STATE OF IOWA '·· ~RI A~' COUNTY OF POLK aa eeleeeee·e I William Warner, dr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing ia a true and apr~of copy of the POWER.OF ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), whl¢~ ia ~11 In roma Ged elfe~ th witoeeawhare~f~ ~ `ve he~unt~ aatmy handanda~xedthe Sea~ of the c~mpany~n~/~(//`~`<//`~`~:~a : :q~,~ CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ts directed to the insurance reqmrements below It ts htghly recommended that bidders confer with thetr respective insurance canners or brokers to determtne tn advance of Bid submission the availability of tnsurance certtficates and endorsements as prescribed and provided herein. If an apparent low btdder fads to comply stnctly with the tnsurance requtrements, that bidder may be thsqualtfied from award of the contract Upon bid award, all msurance requtrements shall become contractual obhgattons, which the successful bidder shall have a duty to mmntatn throughout the course of thts contract. STANDARD PROVISIONS: Without hrntttng any of the other obhgattons or habtltttes of the Contractor, the Contractor shall provtde and matntatn unttl the contracted work has been completed and accepted by the City of Denton, Owner, the mtmmum tnsurance coverage as indicated heretnafler As soon as practicable after nottficatton of btd award, Contractor shall file wtth the Purchastng Department sattsfactory certtficates of tnsurance, contatntng the btd number and title of the project Contractor may, upon wntten request to the Purchastng Department, ask for clartficatton of any tnsurance requtrements at any time, however, Contractors are strongly advtsed to make such requests prtor to btd opentng, stnce the tnsurance requirements may not be modtfled or watved after bid opentng unless a written exceptton has been submitted wtth the btd Contractor shall not commence any work or dehver any mutenai unttl he or she recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton All insurance pohctes proposed or obtatned tn sattsfactwn of these requirements shall comply wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted * Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least _A · Any deductibles or self-insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or elumnate 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, claun administration and defense expenses · Lmbflity policies shall be endorsed to provide the following · · Name as addmonal insured the City of Denton, ~ts Officmls, Agents, Employees and volunteers That such insurance is prnnary 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 llrmt of liability · All pohc~es shall be endorsed to provide thutty (30) days prior written notice of cancellation, non-renewal or reduction m coverage · Should any of the reqmred insurance be provided under a clanns-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 explraUon, such that occurrences arising during the contract term which g~ve rise to clanns 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 lnmt providing for clanns ~nvestlgatlon or legal defense costs to be included m the general annual aggregate lnnlt, the Contractor shall elther double the occurrence lmuts or obtain Owners and Contractors Protective Liability Insurance · Should any requuced 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 th~s agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance pohctes proposed or obtatned tn sattsfactton of this Contract shall addtttonally comply wtth the followtng marked spectficattons, and shall be matntatned tn comphance wtth these addtttonal spectflcattons throughout the duranon of the Contract, or longer, tf so noted IX] A General Lmbility Insurance: General Llabthty insurance wlth combined single lnnlts of not less than 1,000,000 shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either m a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Llablhty form (ISO Form CG 0001 current edition) is used · Coverage A shall include prermses, operations, products, and completed operations, independent contractors, contractual habfllty 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 Llabthty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, It shall include at least · Bodily mjury 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 IX] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Lmuts (CSL) of not less than 1,000,000 either m a single policy or m 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 automobdcs and mobde equipment used in conjunctxon with this contract SaUsfactton of the above requirement shall be m 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, m addition to meeting the rmmmum statutory requirements for issuance of such insurance, has Employer's Liability lumts of at least $100,000 for each accident, $100,000 per each employee, and a $$00,000 policy lmut for occupational disease The Cxty need not be named as an '*Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, tts 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 Attachraent 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker*s Compensation Comrmsslon (TWCC) Owner's and Contractor's Protective Liabihty Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecutton of the work under this contract, an Owner's and Contractor's Protective Liability insurance pohcy naming the City as insured for property damage and bodily injury winch may arise m 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 hablhty insurance Policy lmuts will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Dnmnge Legal Liability Insurnnce Coverage ~s reqmred if Broad form General Liability is not provided or is unavadablc to the contractor or if a contractor leases or rents a portion of a City bmldmg Lmuts of not less than each occurrence are required [ ] Professional Liability Insurance . Professional habfllty insurance Wlth lints not less than per clmm with respect to negligent acts, errors or onussions m connection with professional services is requtred under this Agreement [ ] Builders' Risk Insurance Bmlders' Pask Insurance, on an All-l~sk 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 mdlwdual basis for extra hazardous contracts and specific service agreements If such additional insurance is reqmred for a specific contract, that reqmrement will be described m the "Specific CondlUOns" of the contract specifications I ? I1~1~ LJr~-~l~l /~ PeOOUCEA TH ~ CER~FI~TE S S~UED ~ A ~ I ~R OF INFO~TIOH ONLY AND CONFE~ NO R~G~ UPON THE 1507 ~0~ ~ 3S ~E CO~GE~FO~ED BY~E POUCIE~ BELOW ~e; 5~2 -447-?773 ~zS~3-440-0989 INSU~RS ~FORDING ~GE I INB~ER E ~ L~I~ ~ O~UR~ S ~000000 A X'~o ~AU239742~ ~0/15/98 ~0/~S/99 ~8 ~ ~CH OCCURRinG S ~ 0 0 0 0 0 B~n~m~ POL~L~ff S SOOOO0 a~ti~m% ~o~. ~ B~d ~2327 - Bo=e, ~verazty ~r~Ye at B~ ~ CA~ of Do=~, T~ao Should any o~ the above-~escribed policies be ~a~ OAvAsAoa cancelled, nonrene~d or reduct~n in coverage F~ (S40) 34~-7302 before ~he expira~iou date chereoff. ~b~ ~q~,,~ SOX-B co.any w~ll ~send 30 days ~lCte~ notice co Dentes, ~ ?s~0X TOTAL P 81