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HomeMy WebLinkAboutB 1.0 Contractor/Vendor Requirements 1995-01-23 � CITY OF GRAPEVINE SE�T�oN B � ADMI1vISTRATIVE POLICY NUMBER �.o SUBJECT: CONTRACTOR/VENDOR PAGE 1 OF 5 REaUIREMENTS � PREPARED BY: Risk Management EFFECTIVE DATE 01-23-95 PURPOSE The purpose of a policy outlining contractor/vendor requirements is to reduce the City's liability limit requirements and afford citizens and/or small contractors the opportunity to effectively compete for the City's work. PROCEDURE The following procedures are to be followed: A. Contract Requirements 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 policy. 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 him of any contractual responsibility or obligation. 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 furhish 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. 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 of notice of cancellation ; or a decision to terminate or alter any insurance policy. All certificates � CITY OF GRAPEVINE SECTION B :� ADNIIIVISTRATIVE POLICY NUMBER �.o SUBJECT: CONTRACTOR/VENDOR PAGE 2 OF 5 REO.UIREMENTS PREPARED BY: Risk Management EFFECTIVE DATE 01-23-95 of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. 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. 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 or 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 Aggregrate: 5600,000 Products and Completed Operations Aggregrate: 5600,000 Personal and Advertising Injury: 5300,000 ` Each Occurrence: 5300,000 Fire Damage: $50,000 Medical Expense: 55,000 or Combined Single limit: 530,000 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, and shall cover operation on and off the site of all motor vehicles licensed for r • CITY OF GRAPEVINE SECTION B 1� ADMII�TISTRATIVE POLICY NUMBER �.o SUBJECT: CONTRACTOR/VENDOR PAGE 3 OF 5 REO.UIREMENTS PREPARED BY: Risk Management EFFECTIVE DATE ��-23-95 � highway use, whether they are owned, non-owned, or hired. The liability shall not be less than: Bodily Injury: 5100,000 per person � S300,000 per occurrence Property Damage: S 100,000 or Combined Single limit: . S300,000 5. Workers' Compensation and Employers' Liability The insurance shall protect the contractor, his subcontractors, and the additionally insured against all claims under applicable state workers' compensation laws. The insured shall also be protected against claims • for injury, disease, or death of employees which, for any reason, may not fall within the provision of a workers' compensation law. The liability limits shall not be less than what is allowed under Statutory Workers' Compensation. 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, action, 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. 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 attorney fees, court costs and judgments of every kind and description arising from, based upon, or growing 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. CITI' QF GRAPEVIl��E SECTION B ,� ADM�I�TIST'RATIVE FOLICY N�MBER �.o SUBJECT: CONTRACTOR/VENDOR PAG� 4 OF 5 REQUIREMENTS PREPARED BY: Risk Management EFffCT1VE DATE Q'�-23-9rj 7. Waiver of Subragatian The contractor and his subcontractors shall require their insurance carrier, with respect to all insurance policies, to waive a11 rights of subrogatian against the City of Grapevine, its commissioners, partners, afficials, directars, officers, agents, and empioyees and against ail other contractors and subcontractors. B. Contractor Safety Specifications, 1 . Genera! The contractor shall comply with al! Occupational Safety and Health Act (OSHA) standards anci any ather federal, state or local rules and � regulations applicable to constructian andlor maintenance activities in the State of Texas. City safety personnel or any supervisor may, but is not required to, order that work be s#opped if a candition of immediate danger is found to exist. Nothing contained herein shall be construed to shift responsibility ar risk of {oss for injuries or damage sustained as a result of a violation of the Article from the contractor to the City af Grapevine, its employees or agents. The contractor shall remain salely and exclusivety responsible for comp(iance with a(I safety requiremen#s . and #or the safety of all persons and property at the project site. The parties hereta expressly agree that the obligation to comply with applicable safety pravisions is a material provision of the contract and a duty of the contcactor. The City of Grapevine rese�ves the right to require demonstration of compliance upan reasonable request. In the event the cantractor is unabie ta 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 unti! demonstration to the City af Grapevin� that the safety pravisions of the agreement have been complied with. In nq event shall action ar faiiure ta act an the part of the City of Grapevine be canstrued as a duty to enforce the safety provisions of the agreement nor shall it be � construed to create liability for the city, its employees or agents, for any act or failure to act in respect ta the safety provisians af the agreement. / CITY OF GRAPEVINE SECTION B � � ADMIIVISTRATIVE �POLICY NUMBER �.o SUBJECT: CONTRACTOR7VENDOR PAGE 5 OF 5 REaU1REMENTS PREPARED BY: Risk Management EFFECTIVE DATE 01-23�9�J 2. 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. • r