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HomeMy WebLinkAboutB01.0 Contract/Vendor Requirements �'l3llRl�ll `Y 111CJ- 1' E A S CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: CONTRACT/VENDOR SECTION: B NUMBER: 1.0 REQUIREMENTS PREPARED BY: Risk Management REVISED DATE: 02/01/2014 PAGE: 1 of 5 PURPOSE 1.1 The purpose of the Contractor/Vendor Requirements policy is to reduce the City's liability limit requirements and afford citizens and/or small contractors the opportunityto effectively compete for the City's work. POLICY 1.2 CONTRACTOR/VENDOR REQUIREMENTS 1.2.1 Insurance- Except as otherwise specified in the contract,the contractor and his subcontractors of any tier are required to maintain insurance coverage with policy limits not less than those set forth in this agreement. They are also required to maintain this coverage at their own expense at all times during the performance of the work. It shall be the responsibility of the contractor and any subcontractors to maintain adequate insurance coverage and to ensure that all subcontractors are adequately covered at all times. Failure of the contractor and his subcontractors to maintain adequate coverage shall not relieve them of any contractual responsibility or obligation. 1.2.2 Certificates of Insurance - Prior to commencing work and at the time of execution of the contract and each subcontract, the contractor and his subcontractors shall furnish the City of Grapevine with certificates of insurance as evidence that the policies providing the required coverage and limits of insurance are in full force and effect. The certificates of insurance shall name the City as an additional insured where applicable on both Automobile and General Liability policies. The certificates shall provide that any company issuing an insurance policy for the work under contract shall provide, in writing, no less than 30 days advance notice of cancellation, nonrenewal, or material change in the policy of insurance. In addition, the contractor shall immediately provide written notice to the City of Grapevine when a decision to cancel, terminate or alter any insurance policy. �'l3llRl�ll `Y 111CJ- 1' E A S CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: CONTRACT/VENDOR SECTION: B NUMBER: 1.0 REQUIREMENTS PREPARED BY: Risk Management REVISED DATE: 02/01/2014 PAGE: 2 of 5 1.2.3 Certificates of insurance for contractor and subcontractor-furnished insurance and notices or cancellations, terminations, or alterations of such policies shall be mailed to: Risk Management, City of Grapevine P.O. Box 95104 Grapevine, TX, 76099. 1.3 Comprehensive General Liability-This insurance shall be an "occurrence"type policy written in comprehensive form and shall protect the contractor, his subcontractors, and the additionally insured against all claims arising from bodily injury, sickness, disease or death of any person other than the contractor's employees, as well as damage to property of the City of Grapevine or others arising out of the act of omission of the contractor, subcontractor, or their agents or employees. This policy shall also cover Personal Injury, Completed Operations, Products Liability, Contractual Liability, Broad Form Property Coverage, XCU, Premises/Operations, and Independent Contractors. The liability shall not be less than: General Aggregate: $2,000,000 Products and Completed Operations Aggregate: $2,000,000 Personal and Advertising Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Damage: $50,000 Medical Expense: $5,000 �'l3llRl�ll `Y 111CJ- 1' E A S CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: CONTRACT/VENDOR SECTION: B NUMBER: 1.0 REQUIREMENTS PREPARED BY: Risk Management REVISED DATE: 02/01/2014 PAGE: 3 of 5 1.4 Comprehensive Automobile Liability - This insurance shall be written in the comprehensive form and shall protect the contractor and his subcontractors and the additional insured against all claims of others arising from the use of motor vehicles, whether they are owned, non-owned, or hired. The limit of liability shall not be less than: Bodily Injury: $500,000 per person $1,000,000 per occurrence Property Damage: $100,000 Or Combined Single limit: $1,000,000 1.5 Workers' Compensation and Employers' Liability - The insurance shall protect the contractor and their subcontractors against all claims under applicable state workers' compensation laws. The insured shall agree to hold the city harmless from claims for injury, disease, or death of employees which, for any reason, may not fall within the provision of a workers' compensation law. The limits carried under part two, Employers Liability shall be: Bodily Injury by Accident $1,000,000 Each Accident Bodily Injury by Disease $1,000,000 Each Employee Bodily Injury by Disease $1,000,000 Policy Limit 1.6 Indemnification - For the consideration included in the bid price, the contractor and his subcontractors shall pay, indemnify, and hold harmless the City, its agents, guests, consultants, invitees, and employees, for all suits, actions, claims, demands, damages, losses, expenses, including attorney fees, court costs and judgment of every kind and description to which the City, its agents, guests, consultants, invitees, or employees may be subjected to by property damage; reason of injury to persons; death; omission; negligence or fault of the contractor, his subcontractors, their agents or employees committed in connection with this contract, contractor's performance hereof or any work performed hereunder. �'l3llRl�ll `Y 111CJ- 1' E A S CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: CONTRACT/VENDOR SECTION: B NUMBER: 1.0 REQUIREMENTS PREPARED BY: Risk Management REVISED DATE: 02/01/2014 PAGE: 4 of 5 The contractor and his subcontractors shall indemnify and hold harmless the City, its agents, employees and consultants (including the Engineer), from and against all claims, demands, actions, suits, damages, losses, expenses, costs including attorneyfees,court costs and judgments of every kind and description arising from, based upon, or arising out of the violation of any federal, state, country, or city law, bylaw, ordinance or regulation by the contractor, his agents, trainees, invitees, servants, and employees. 1.7 Waiver of Subrogation - The contractor and his subcontractors shall require their insurance carrier, with respect to all insurance policies, to waive all rights of subrogation against the City of Grapevine, its commissioners, partners, officials, directors, officers, agents, and employees and against all other contractors and subcontractors. 1.8 CONTRACTOR SAFETY SPECIFICATIONS 1.8.1 General - The contractor shall comply with all Occupational Safety and Health Act(OSHA)standards and any other federal, state or local rules and regulations applicable to construction and/or maintenance activities in the State of Texas. City safety personnel or any supervisor may, but is not required to, order that work be stopped if a condition of immediate danger is found to exist. Nothing contained herein shall be construed to shift responsibility or risk of loss for injuries or damage sustained as a result of a violation of the Article from the contractor to the City of Grapevine, its employees or agents. The contractor shall remain solely and exclusively responsible for compliance with all safety requirements and for the safety of all persons and property at the project site. 1.8.2 The parties hereto expressly agree that the obligation to comply with applicable safety provisions is a material provision of the contract and a duty of the contractor. The City of Grapevine reserves the right to require demonstration of compliance upon reasonable request. In the event the contractor is unable to demonstrate compliance with the safety provisions of the contract, the parties agree that such failure is deemed to be a material breach of agreement; and the contractor agrees that upon such breach, all work pursuant to the contract shall terminate until demonstration to the City of Grapevine that the safety provisions of the agreement have been complied with. In no event shall action or failure to act on the part of the City of Grapevine be construed as a duty to enforce the safety provisions of the agreement nor shall it be construed to create liability for the city, its employees 1�1E- T E A S CITY OF GRAPEVINE ADMINISTRATIVE POLICY SUBJECT: CONTRACT/VENDOR SECTION. B NUMBER: 1.0 REQUIREMENTS PREPARED BY: Risk Management REVISED DATE: 02/01/2014 PAGE: 5 of 5 or agents, for any act or failure to act in respect to the safety provisions of the agreement. 1.9 Safety Equipment - The contractor shall be responsible for the safety equipment to be used by its employees and/or all of its subcontractors working on the City of Grapevine's property. This equipment will include, but may not be limited to, hard hats, safety belts or harnesses, eye, face, hand, ear, or hearing protection. Sport or athletic type shoes are not considered suitable work shoes on any construction site.