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HomeMy WebLinkAbout2004-130ORDINANCE NO. OO '�3O AN ORDINANCE APPROVING THE PURCHASE OF JOB ORDER CONTRACTING BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE DATE (FILE 3166- INTERLOCAL AGREEMENT FOR JOB ORDER CONTRACTING WITH DENTON COUNTY, CONTRACT AWARDED TO JAMAIL CONSTRUCTION IN THE ANNUAL ESTIMATED AMOUNT OF $150,000. WHEREAS, pursuant to Court Order 03-0586, Denton County, Texas has solicited, received and evaluated competitive sealed proposals for building construction and remodeling services in accordance with the procedure of state law on behalf of the City of Denton pursuant to an Interlocal Agreement between the City and the County dated October 20, 1998 (the "Interlocal Agreement"); and WHEREAS, Jamail Construction was selected as the offeror providing the best value based on the selection criteria contained in the request for competitive sealed proposals; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described building construction and remodeling services can be purchased by the City through the Interlocal Agreement at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the building construction and remodeling services approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. In accordance with the Interlocal Agreement the numbered items in the following numbered purchase order for building construction and remodeling services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the best value based on the selection criteria contained in the County's request for competitive sealed proposals for such items: FILE EST. NUMBER VENDOR AMOUNT 3166 Jamail Construction $150,000 SECTION 3. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the proposals to Denton County for such items and agrees to purchase the building construction and remodeling services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the competitive sealed proposal documents and related documents filed with Denton County (RFP 07-03-1574), and the purchase orders issued by the City. SECTION 4. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of the competitive sealed proposals awarded by the Denton County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the proposal submitted to the Denton County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 5. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 12004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTER , CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. P Y, CITY TORNEY BY: 4-ORD-File 3166 Attachment 1 DENTON COUNTY COMMISSIONERS COURT 77 Monti' Year _.: Court Order Number: D�� THE ORDER Aapnr" of award for Job Order Contractive: RFP #07 03-1574. to Jamail Conatmedon, and any avnronriate action. CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 4th day of —May A.D., 2004, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of Denton , County of Denton 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 in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: in the amount of %D 50.000.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: all of which are made a part hereof and collectively evidence and constitute the entire contract ICI Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for t he s tart o f w ork a s s et f orth i n w ritten n otice t o c ommence w ork a nd c omplete a 11 work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTE G. Ci 0 _ BY: (SEAL) ice. r..RLtt (0 �/VbVw CONTRACTOR I-»g S til Cat,.A (t R LA - S< <44-e- (Iq MAILING ADDRESS 2"g ( 46 ( ?075 PHONE NUMBER 2$ 1 W Z"ti FAX ER BY: IJ�J ^^TITLE 9l �JC —(� V N Qf) -_52 Ant — APPROVED AS TO FORM: PRINTE AME (SEAL) CITY ATTO Y CA-3 DENTON COUNTY PURCHASING DEPARTMENT Beth Fleming, C.P.M., Director Denton, DENTON COUNTY Job Order Contracting RFP #07-03-1574 ADDENDUM "A" The intent of this addendum is to make the following changes, additions and/or clarifications to the specifications. Items that have been changed or clarified are shown as Underlined. 1. Page 7, Section II, Item D. 4, add: When using the R S Means Repair and Remodeling Estimating Book (or anv R S Means estimating book), use the very last cohimn entitled Total Inc] O & P" to aonly the Coefficient on the Bid Sheets, 2. Page 8, Section II, Item F — Bonding Sentence # 4: If a specific project exceeds $25,000.00, aT' Pint Bond will be required on that project. 3. The Bid Sheets on pages 19 and 20 should be deleted and replaced with the two attached Bid Sheets. (See attached) Offerer shall acknowledge receipt of this addendum by signing below and attachine to vour nronosal. This addendum has been forwarded to all known to have received the original specifications. Jamail Construction Company Name 17045 El Camino Real, Suite 119 Address Houston, Texas 77058 City, State, Zip 281-461-7075 Phone 281-461-7260 Fax Auih6rized Signature Jim Jamail Name (Printed or Typed) President Title Auoust 14 2003 Date limiamail@iamailconstruodon.com E-Mail 1 I I PRICING/DELIVERY INFORMATION H. Pricing: Offerer must complete open boxes to right of double vertical lines. Quantities are estimated, Denton County may require more or less. In case of discrepancy between unit and extended pricing, unit pricing will govern. r= Bidder: Item Description Projected Project `>r Coefficient Ext/$ Amt. I. Repair & Remodelin Coefficient from the current R.S. Means Repair & A Remodeling Estimating book (includes labor and <$10K 3>,<: material) Y` 0.700*• $7.000.00 Coefficient from the current R.S. Means Repair & ". B. Remodeling Estimating book (includes labor and $10K — $24,999K osss•• material) $17,374.00 Coefficient from the current R.S. Means Repair & ` C. Remodeling Estimating book (includes labor and $25K— $99,999K* osss*' material - $69.499.00 Coefficient from the current R.S. Means Repair & D. Remodeling Estimating book (includes labor and >$100Kf 0.6e0•* $69,000.00 "= material) Item I Total wti `a $162,873.00 - (A-D) *Include cost of Payment Bond(s). tInclude cost of Payment and Performance Bond(s) All coefficients are based upon pricing work from the 'Total Incl, O & P* column of the current version of the referenced Means Unit Price Books. R.S. Means Building Construction Cost Data R.S. Means Repair & Remodeling Cost Data Job Order Price = Published Unit Price Book price multiplied by the relevant coefficient above Job Order Contracting, RFP #07-03-1574 Page 19 of 46 F"= Bidder: Item Description Projected Project Coefficient Amt. II. Building Construction Coefficietu from the current R.S. Means Building _ A Constmction Estimating book (includes labor and <$10K 0.730" $7,300.00 material) Coefficient from the current R.S. Means Building B Construction Estimating book (includes labor and $IOK—$24,999K o•7zs • $18,199,00 material) Coefficient from the current R.S. Means Building C Construction Estimating book (includes labor and $25K — $99,999K* ` 0.723•' $72.299.00 material) Coefficient from the current R.S. Means Building D. Construction Estimating book (includes labor and >$100K } 0.718" $71,800.00 material) ';,,. ���.; `" .' ,j> ;} :•fit=vL',:d- ,is�cn'-.-a.. Item II (A-D) Total 3 .. a>�_ Grand Total Item I & II ' • :re,tt ._. .::..,' $33z,a71.00 *Include cost of Bond(s). i Include cost of Payment and Performance Bond(s) Jamail Construction Company Name 17o45 El Camino Real, Suite 119 Address Houston, TX 77058 City, State, Zip 281-461-7075 / 281-461-7260 Phone/Fax jimjamail Cjamailconstruction.com E-Mail 'Authorized Signature Jim Jamail Name (Printed or Typed) President Title August20 2003 Date 76-0370118 Federal ID Number (Required) Job Order Contracting, RFP #07-03-1574 Page 20 of 46 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM, YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. PERFORMANCE BOND STATE OF TEXAS Bond No. 61SIO4258382BCM COUNTY OF DENTON § KNOW ALL 1,J BY THESE PRESENTS: Tato-Ailconst , x, r ian hose address is El +��� herein called Principle, and ravelers Casualty 1W1c8$SA fdP% r g existing under the laws of the State of nn Rea' Connecticut , and fully authorized to transact business in the State: of Texas, as Surety, are hold and firmly bound unto the City of Denton, a municipal corporation organized and eo penal xisting Under of H mrlrr,laP' f Thenssaate of nd n 1 seraar,ahereinafter No un„All A 1]OLLAF S S` d Owner, SlliQ,lll40 noPlus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, adomeys' fees, and liquidated damages arising out of or ccannected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in to event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sutra of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 20 13 Q with the City of Denton, the Owner, dated tie 4b day of May A.D. _2004 -. a copy of wl3ielr is hereto attached and made a part hereof, for Pile 91 fi .- Ear Tab (1c er Cnntranti rag NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, Mth or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakdnga, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within apeaiod of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, than this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,-TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hmade, constituted and appointed, and do by these presents make; coPstitute and appoint: Larry H. Senkel, Pamela Prokop,, of Houston, Texas, their true and lawful Attomey(s)-in- Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instiument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in thenatureof a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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THIS CERTIFICATE IS ISSUED AS A MATTER OF EIFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEICTIFTCATE "OLDER THis CERTIFICATE DOES NOT AMEND, WEND OR ALTER THE COVEM95 AFFORDED BY THE POLICIES B LOW. P. 0. awe 305151 mohrule, aw 11230Siai INSURER5AFFORDINGCOVERAGE RVYnDP LIi111A 4 Tbftwwl Tao- ObA aRmall COARCCaRtie7 17045 Pl emmiav Raa; 119 k/lYRER,I OV1N�„eNtwl ia�vewncy CacyEww� t 9-vol D�9VP4RQ O FW t MeuatoR, 37L R705Y t\o'r'� IMV RrE 1. THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUEOTO THE INSl1�E0 NAMED ABOVE FOR THE POLICY PERIOD IMMATEO• NOTWITNSiANvINO ANY FIEOVIREMSNT, TERM OR COMMON Of ANY CONTRACT OR OT1iER DOCUMENT W[TH RESPECT TO WHICH THIS CERTIFICATE MAY OE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POUGIEB CSSCRISE0 Wr.F 1N IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AMC) CONDITIONS OF SUCH KUM& AG6REGATELIMIT5 SHOWN MAY HAVE BEEN RWVCED BYPAID CLAIMS. 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QQQ OTHER OCCCRIA7oN OPOtNMT10NtILOCATI014NEMCLPfl000Wf10Mf 400FOPl EIOOR4CMQRTNP[CIALYROYIS10Nf 3M IJUSANYOPTNOAeMOnCRI11 0POWCRy W CARCa vffpGRCtlepd(mA.TN1N DATE 7MMOPt THE 09ONG NOW It WILL CNWAVOR TO WA .0 ✓DAYS NRTIBN / NOTRE TO 71S CORTBIeATV "DUM NAN69 Ye THE LW, NUT AftlU AT Ta DO $O SMALL city e! ventm ✓ SNORE N9 CKMATON OP L91aam OF ANY RING LION TMR MNUMR, In AReT•ea oM Rttn: jAtm v. BIASCL, 8><. Otilily 80Y4r NTAT�' a[9RE'PCS V913 Ta1RAP Ft;aRt ll". A, TA 71II20B e �w^��a�l^�v Voi4aVJDVO/ rpa:zevere c%mC.:45377ve w VAr.VK000KPORATIDN1909 JUL.07'2004 15:15 940 349 7302 CITY OF DENTON PURCHASING #4989 P.004/005 JUL. B.2004 2=42PM JRMRIL CONSTRUCTION NO.445 P.3 Page 2 et 2 ISlll;Leli'i M-)I If the certificate holder is an ADDITIONAL INSURED, the prrlleypes) must be endorsed. A smiement on this certificate does not confer righto to the Ctrtifiwte tgider in lieu of such endorsememA s), If SUBROGATION IS WANED. subleot to the terms and condMons of the poficy, ce%ln polleles may require an endorsement A statement on this certiliaSTe does not Confer rights to the CERIftCate holder in Geu of such endomemerf% DISCLAIMER The Certifiatta of Insurance on ttre reverse side of tile form does not constitute a contract between the MWng h Wrer(S), SUthoriied represerdeUve or producer, end the cettftte holder, nor does It atrrmativety or negatively amen, extend or alter the coverage alfofdad by fhe policies fisted thereon, Coll: DATE ACORDN CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 1 06/10/2004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie North America, Inc. - Regional Cart Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. L.O. Box 305191 Nahville, TN 372305191 INSURERS AFFORDING COVERAGE INSURED Williams & Thomas, Inc. dba Jamail ConStroCtiOMVj INSURERA: American Em ire Surplus Linea Insurance C 35351-000 17045 el Camino Real INSURERS: Westchester Surplus Lines Insurance Compa 10172-000 Suite 119 Booston, TX 77058 h L INSURERC 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 BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURA POLICYN BER POLICYEFFECTIVE DATE MMIDDIYY DATE MMMDNY POLICYEXPIRATIOMDA�GE LIMITS A GENERALLIABILITY X COMMERCIALGENERALLIABILITY MADE aOCCUR 4EP05776 1/25/2004 1/25/2005ENCE $ 1 000,000 An one fire $ 100,000CLAIMS one person) S 5 000 DV INJURY $ 1 000 000 REGATE $ 2 000 000 GENt AGG PLIES PER. OR ICY JELQT I N LCC OMPIOP AGG $ 11000,000 AUTOMOBILELIABIUTY ANYAUTO ALLOWNEDAUTOS SCHEOULEDAUTOS HIREDAUTOS NON-OMEDAUT COMBINED SINGLE LIMIT (Ea accident)$ BODILYINJURY (Perperson) $ BODILYINJURY (Peraoddent) $ PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY ANVAUTO AUTO ONLY-EAACCIDENT $ OTHERTHAN EA ACC AUTO ONLY. AGO $ $ B EXCESS LIABILITY X OCCUR CLAIMSMADE TIBLE RETENT 1 CUW774394 1/25/2004 1/25/2005 EACH OCCURRENCE S 2,000,000 AGGREGATE S 2,000,000 $ $ W a COMPENSATIONAND PLOVERS' UABILT' U�I TORYLIMITS OER E.L. EACH ACCIDENT $ E L. DISEASE -EA EMPLOYEE $ EL DISEASE-POLICYLIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ....... ... .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE (RATION DATE THEREOF, THE ISSUING INSURER WILL NXiL'ffiffiILXILMAII- 30 AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF1Km±L�1ia1NAWdhYY&1 L caxas�x��axc[araxmxxutxecma�rrirx�sxKwLaxiawr�Xpmox.�m�clauxar&cDrx�x City of Dentoa 0�411fII8%%r�7Ii440f X Attn: Denise Barpool 901-B Texas Street �nT�j�DR�IZE�D REP ESE A Denton, TX 76209 ACORD 25S(7/97) Co11:1015274 Tpl:269092 Cert:4458796 © ACORD CORPORATION 1988 IM DATE W11IIS CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 06/10/2004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie North America, Inc. - Regional Cart Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 Nashville, IN 372305191 INSURERS AFFORDING COVERAGE INSURED Williams & Thomas, Inc. dba Jamail Construction INSURERA American Empire Surplus Line. Insurance C 353 17045 E1 Camino Real INSURERS. Westchester Surplus Lines Insurance Compa 101 Suite 119 Houston, TX 77058 INSURERC: Cancellation: SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED City of Denton, its Officials, Agents, Employees and volunteers are included as Additional Insured w riEiy-"saps 5--Eo General Liability as required by written contract.L� Waiver of Subrogation is granted in favor of City of Denton, its Officials, Agents, Employees and volunteers with respects to General Liability as required by written contract :--� XCU and Contractual Liability included n..11.ini5974 Tn1.46ong2 0w—445R796 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurers), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. nrnan 99C17:071 0N11-11)15274 Tnl:269092 Cert:445 QvL V, LVV9 1J:1J J4V JY"l I " V111 VP VDINIV14 rvAlntt0111V $4909 C.VVJ/VVV 'JUL. 6.2004 2=42PM SRMAIL CONSTRUCTION NO-445 P.4 CERTIFICATE OF INSURANCE This certlfias that STATE FARM FIRE AND CASUALTY COMPANY, Stoomir gMn, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY, Scerbomovgh, Ontario STATE FARM FLORIDA INSURANCE COMPANY. Winter Haven, Florida $TATE FARM LLOYDS, Deltas, Texas lnsuros the following policyholder for the Coverages indicated below: Name of p06Cyholder dANAIL CONSTRUCTION, INC✓ Address of policyholder 1704S SL CAMINO REAL, 9UTTS 119, HOU87W, TX 77059-2623 Location of operations Description of operations The polivtes listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to aft the terms WClusiens, and conditions of those policies. The Ilnrns of fiebilhy shown may have been reduced by arty paid claims. POLICY NUMBER E OF INSURANCEPOLICY PFRIOD Elfecthre Date ; Oafr LIMITS OF LIASILiT (at beginning of policy p 052 Ba36•C20 53 Compreh9ri" 03/;0/04 03/20/05 BODILY Bu i. QbII Business LHbUy ..............:........... PROPMF ThIs Inaurence Includes: Products - Completed Operations Contractual Liability Underground Hazant Coverage Each Occurrence $ IM ) Personal injury Advert sing Injury GeninAl Aggregate $ IM 1 Explosion Hazard Coverage Collapse Hazard Coverage Products — Completed $ Operations Aggregate EXCESS LIABILITY POLICY PERIOD Etfocdve Date : ftlon Date BODILY INJURY AND PROPER' (Combined Single Urr Umbrella Each Occurrence $ Other Part t STATUTORY Part 2 BODILY INJURY workers' compensation and Employers liability Each A�� $ Disease Each Employee S .Disease - Policy Limit $ POLICY NUMBER TYPE OS INSURANCE POLICY PERIOD t?fhetive Date ; Irafion 0abr LIMITS OF L 48LIT (at beginning of policy p THE GER l7FICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFPIRMAW4ELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN Cry of Denton, W1-B Texas St, Penton. Texas 7MO9, Aft; Karen E Smith Sr Utility Buyer. tt any or the described policies areyy�enoetad before its expiration date, State Farm will try to mail a written notice to the cerefieate holder 30 VdaY6 before CancetWon. If however, we foil to mall Such notice, no obligation or ilabifiy will be imposed on State Farm or Its agents or representatives. 319= Ore of AUthorfFed RWq$anteMe M i CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualif ed from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted. - Each policy shall be issued by a company authorized t o d o b usiness i n the S tate o f Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to READ: • "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED31. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than T,500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability f orm ( ISO F orm C G 0 001 c urrent e dition) i s used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCLn exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. T he p olicy w ill i nclude b odily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that c arries the C ontractor's liability insurance. Policy limits will be at least _combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from e ach p erson providing services on a project, and provide to the governmental entity: s -o (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental e ntity i n w riting b y c ertified in ail o r 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. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing s ervices o n t he p roj ect t hat t hey a re r equired t o b e c overed, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 7. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage a greements w ill b e f iled w ith the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.