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2004-130ORDINANCE NO. r-~24t~¢'/f/57 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 JAMA1L 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 "Inteflocal 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 fimds 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 lnterlocal 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 ¢~'~ dayof EULINE BROCK, MAYOR ,2004. ATTEST: JENNIFER WALTER~CITY SECRETARY APPROVED AS TO LEGAL FORM: 4-ORD-File 3166 Attachment 1 DENTON COUNTY'. ................. COMMISSIONERS CO~T. Motion Carrie~l ..... · _::. :-Oth~rA~:tton: . PulledfromConsent ~NoActlon CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4th day of May A.D., 2004, by and bet~veen City, of Denton of the County of Denton and State of Texas, acting through Michael A. C. onduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Jamail C. on~tmetion 17045 F.1 (2~m no Real; .qnite 1 1 g Ho~mton. Te~a~ 77058 of the City of Denton , County of Denton and State of Tex~ , 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: File 316~q - For Inh Orcler (2nntranting in the amount of q;1 s0;OOO.00 and all extra work in connection therewith, under thc 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: Materials Management De?rtment all of which are made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 work a s s et forth in written notice t o commence work and complete 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. ~ZxTEST: , ] City nfDentm3 · (2 (SEAL) CONTRACTOR APPROVED AS TO FOR-M: CITY ATTORI,TEY CA - 3 MAILING ADDRESS z.-~ q6t PHONE NUMBER ?075 DENTON COUNTY PURCHASING DEPARTMENT .-- Beth Flemiag, C.P.M., Director of Purchasing 401 W, Hickory, Suite 324 ' . (940) 349-3130 FAX (940) 349~313i .De~ton, Texas76201 . httpllpurch~ing,dentbncouaty, com-' DENTON COUNTY Job Order Contracting RFP $~07-03-1574 ADDENDUM "A" The intent of this addendtim is to make the following changes,' additions and/or clarifications to the specifications. Items that have been changed or clarified .are shown as Underlined. Page 7, Section II, Item D. 4, add: When using the R.S. Means Repair and Remodeling Est!matlno Booir (or any R.S. Means esti~ atln~, book~, use the very last colum entitled 'Total Incl O & P" to aoolv the Coefficient.on the Bid Sheets. Page 8, Section II, item F- Bonding. Sentence # 4: If a specific project exceeds $25,000.00, a ~ ~ will be required on that project. The Bid Sheets on pages 19 and 20 should be deleted and replaced with the two attached Bid Sheets. (See attached) Offerer shall acknowledge receipt of this addendum by signing below and ~ proposal. This addendum has been forwarded to all known to have received the original specifications. . J~mall Const~ction -Company Name . '. 17045 El Camlno Real, Suite 119 Address Houston, Texas 77058 City, State, Zip 281-461-7075 Phone 281-461-7260 Fax , 7 Au~h6'rized Signature: Jim Jamall '. Name (Printed or Typed) President Title Auaust 14. 2003 Date ]imjernail @ jamailconstrusfion.com E-Mall PRICING/DELIVERY INFORMATION Pricing: Offerer must complete open boxes to right of double vertical lines. Quantifies are estimated, Denton County may require more or less. In case of discrepancy bet~veen unit and extended pricing, unit pricing will govern. ~} Bidder: Item Description Projected Project 5!;. Coefficient Ext/$ Amt. I. Repair & Remodeling ~¢:?,?_:.::.~;~¢~:~ ,:~¢' Coefficient fromthe current R.S. Means Repair & :*':~>~ Remodeling Estimating book (includes labor and <$10K ._~-'.~. ' A, '¥ 0.700** $7,000,00 ?)?~i~{ material) ~.....~ Coefficient from the current R.S. Means Repair & 5~: Remodeling Estimating book (includes labor and $10K - $24,999K ~ 0.695'* ~S B. .,~. $17,874.00 -:~ ~- material) :: Coefficient from the current R.S. Means Repair & 4:~ ~.~ Remodeling Estimating book (includes labor and $25K- $99,999K* ~i~.. Coefficient from the current R.$. Means Repair & ~i~ D, Remod011ng Estimating book (includes labor and >$100K? :~; o.eoo" seg,ooo.oo ?-c~.~ material) ,~,:..:.': item I (A-D) Total ~-~,. ~ .... ....~ *Include cost of Payment Bond(s). ~'Include cost of Payment and Performance Bond(s) All coefficients are based upon pricing work from the 'Total Inel, 0 & 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 Order Contracting, RFP #07-03-1574 Page 19 of 46 -;',3idder: Item Description Projected Project AmL II. Building Construction i .d.:. Coefficient fi.om the current R S. Mear~ B~ilding '[7~ 'A. ConstmctionEstimatingbook(incindeslaborand <$10K . · ;" 0.730" ' $7,300.00 material) ,,:-. Coefficient fi.om the current R.S. Means Building ::4!,' ;, :.. ' B. Comtmction Estimating book (includes labor and ' $10K- $24,999K ":~ 0.?as" $18.10o.oo material) ' '.~!.~: Coefficient fi.om the current R.S. Me,-ns Building ~. :-;.".'~' C. ConstmctionEstimatingbook(includeslaborand $25K-$99,999K* '-"~'::"' o.728" $72,290.00 material) :.'h: :- Coefficient fi.om th'e current R.S. Meam Building ..!(~?.~ D. Cor~truction Estimating book (includes labor and >$100Kt I'} 0.718" $71,800.00 c<:~.: material) "~:'-:'..:~, -..;~ Itemll (A-D) Total ~::"- :" Grand Total Item I & II ..... ...... :~.--.,~ ......... ~ .. 172 ..... *Include cost of Bond(s). ?Include cost of Payment and Performance Bond(s) Jamail Construction Company Name 17045 El Camino Real, Suite 119 Address Houston, TX 77058 City, State, Zip 281-461-7075 / 281-46%7260 Phone/Fax ltmjsmail@jamail¢onstruction,com E-Mail Au(honzed S~gnatu ~, Jim Jamail Name (Printed or Typed) President Title AU~lUSt 20. 2003 Date 76-0370118 Federal ID Number (Required) Job Order Contracting, RFP ~f07-03-1574 Page 20of46 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 A'ITACHED DOCUMENT. PERFORMANCE BOND STATE OF TEXAS Bond No. 61S104258382BCM COUNTY OF D~NTON § KNOW ALL MEN BY THESE PR.F, SBNTS: ~ .T~m.~ilC~h'u~ti~:~'ho~e addr~s ie l~D,i6 RI ('~smlnr~ R~,.I1. Rulte 119 ~/ , h~in called ~cipla, ~d ~ravelers Casualty ~d~{~p%}~r~a ~g uMsr ~e lawa of ~e Stat9 of Connec$1 cu$ ~ ~d ~lly a~o~ed to ~act b~ess ~ ~e Stem off Text, ~ Sa~=~, ~ he~ ~d ~y bo~d ~to ~e Ci~ of Denton, a m~cip~ co~orafio~ ori~ed ~d ~ ~ ~e laws of ~e S~te of Text, h~e~ caEed ~, ~e p~ ~ of ~es, ~omeys' fe~, ~d liq~ted ~es ~s~8 out of or cc,~ted ~ ~e below i~ Co~a~, ~ ~wl~ money of ~e U~l:d Stst~, to be paid kt D~ion Co~, Text, for ~ pa~t of w~ s~ wee ~d ~ly ~ be m~e, we ~by b~d o~elv~, o~ h~ ~m, ~a~rs, s~ce~ors, ~d ~si~s, jo~y'~ se~ly, ~ly by ~as~ p~s~. ~s Bond s~ auto~cdly be ~cro~ by ~e ~o~ of~y Chute Ord~ or Su~lem~t~ A~t, w~ ~es ~e CoaSt palco, but ~ no event ~,~ a C~ge ~ or S~l~ml ~m~t, w~ch r~ces ~e Con~ ~:~, d~: ~:' p~d ~ of~s Bond, THE OBLIGATION TO PAY SAMB is conditioned as follows: Whereas, lhe PP, acipal entered in~o ~ certain Contract, klentified by Ordinance Number 20~J~[1 with the ,City of Dentol3, the Owner, dated tl~ ath dab' of~ A.D,, 9./3/1~1 f a cop? of w.,~ m h~r=to attached aad made a pa~ he~'of~ for,~:ile 31KK -~'ne 1/nh CH.d ~r (~nmh-seh'~g. ,/- NOW, THEREFORE, if thc Principal shall well, truly md faithfully per/cfm and fulfill ail cf the undertakings, covenants, terms, conditions and agreements of said Contract in a~cov/ance with the Plans, Specifications and Contract Documents duri~ g the ori/~,~! thereof and any extension thereof which may bc llrant~ by the Owner, ~4th or without notice to thc Surety, and during the hfe of any guaranty or warranty required unde~ this Contra~c, and shall also well and truly perform and fulfill all the uudc~t.lrlngs, covenants, terms, conditions and agreements of eny end all duly authorized modifications of said Contraci that may heroattor bo made, noiice of which modifications to the Surety bdu[~ hereby waived; and, ff the I'rincipal shall repair and/or replace all defects due to faulty materials and workmsn~Bip that appear within aperied of one (1) year from'the date of final completion and fi.ual acceptance of the Work by the Owner; and, if the Principal shall frilly indcmni~ and save harmless the Owner from all costs and damal~es which Owner may suffer by reason of faille to so perform herein and sl/sll felly reimb~$e arid repay Own~ all outlay ~ud expense which tb.e Owner rely incur in rl!~Iri,~g good any default or deficiency, then this obligation shatl be void; otb. erwise, it shall remain in full forc~ 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,,/'IcRAVELERS 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, StaLe of Conne,cticut, (hereinafter the "Companies"? h~c~,made, constituted and appointed, and do by these presents mal~e; ~o~ustitute and appoint: Larry H. Senkel, Pamela Prokop, of Houston, Texas, their tree 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 instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indenmity, and other writings obligatury in the nature of 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 nf said Attorney(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 Resolutiuns 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 Attorneys-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, contacts of indemnity, and other writings obligatory in thc 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 V~ce 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 there&is filed in the office &the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory m 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 Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of anthority 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 Attorneys-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. (11-00 Standard) puo~] '~ele~oes luels!ssy uosueqop 'VI ~t£VDIdI£~I'-dD llneoJle. L 'O e!JelN o!lqnd ..toelON 900~: '0g aunt' sm!dxo UO!SS!LUmOO Xgl e luep.seJd co!A Jo!ues uosdmoql 'M e§Joeo ANVtlI~OD A&qVflSVD hlO£DhlIHIHV~I ANVdl~iOD A&~HfIS OhlV A~LqVflSVD S~13q~]AV~:l& VDIlt~JIA~V ~O 3,hlVdIAiOD AI~ltlIS OblV AIqVflSVD SI:I~']~IAVItJ~ cee (PdOd£'dVH dO ]~LNflOD P~°Jla~H 'SS { £CIDIZ0~tNNOD cio [t£V.Lg '£00~: '~qmaa°N J°/~P ql[ [ sc[1 pox~je ola:oq aq ol sIeoS ole:odaoo :!oql pue ;uop!saa,t aa!A Jo!uaS J[oq; Lq *q ol luammlsu! s!ql pasneo *Aeq XNI¥,:IIA~OD A&'IVflSVD NIOZDNIIIA!llVA pue A. hTqklIA!OD A.L31:IiIS {IiqV A./LqVIISVD $1tTI3AVlt& WDIll31&IV AO A. NIVdlAIOD l~iL31:IflS (INV AJ. TVFISVD SIt~{~I~tAVIt.L '~IO~I:I:tH3A SS~JNI&IAk MI ffUL. $-E~ ~':4L:L~I:~ J~IL CO~TR~UCTIOH ACORg. ...... CERTIFICATE OF LIABILITY INSURANCE L ~~ ~ ,, JUL.07'2004 15:15 940 349 7302 CITY OF DENTON PURCHASING #4989 P.00~/005 5UL. ~.L~4 ~:4EPM SRM~IL COb~TRUCTIOM ~0.44~ F-~ IMPORTANT If t~e ce~Icate border is an ADDITIONAL INSURED, ttle [:)oll¢,/~es) must be endorsed, A statement on thi~ ¢eg~'~cat e ~ t1~[ ~onfer flght~ to ~he ¢~:~te t~lder in lieu of such end~raement(~), If SUBROGATION IS WAIVED. subJe~R to the terms and cond~tons of the policy, e~taln polices may require an endorsement, A s~ateme~t on ~his u-,ef~cate does not conte~ fights to the ceftlr~:~te holder in ~eu of ~ e~le~emefl~$). DISCLAIMER The Ceffif~at~ ~ Ill~UraVlo$ on ~ raverse side ~ ~hle form ~05 not ¢C~F,.~[~dte a oof~tcact between the issuing t~suret($}, eu~'~ed re~orese~ative er p~du~r, and ~he ce~ate holder. affirmatively or ~eg~ivety omen~, e..xte~d er alter the co,~ago DATE ACORD. CERTIFICATE OF LIABILITY INSURANCE Page I of 3 06/10/2004 ~ROOUCER 877 -945-7378 Willis North America, Inc. - Regional Cert Center 26 Century Blvd. P. O. Box 30S191 Nashville, TN 372305191 17045 E1 Cau~ino Real THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE {NSURER D. INSURER E: COVERAGES 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. INS" POLICY EFFECTIVE DATE IMM/DD/~*) POLICY EXPIRATION DATE IMM/DD/YY) / LIMITS LTR TYPE OFINSURA~ POLICY ~N~BEe A GENERAL U~UT~ t/ 4EP05776/ 1/25/2004 1/25/2005u ~CH OCCURRENCE $ 1,000,000~ ]~ EXCESS MABILITY CUW774394 1/25/2004 1/25/2005 EACH OCCURRENCE S 2,000.000 x~ OCCUR ~ CLA~MSMAD~ AGO~GATS $ 2,000. 000 ;ERTIFICATE HOLDER I I ADDmOI~ INSURED; INSURE~ LETTE~: City of DentonV// Attn: Denise Harpool 901-B Texas Street Denton, TX 76209 ACORD 25-S (7/97) ~ }{~J~J {~I1~7'~T~ ~'' © ACORD CORPORATION ~988 i$ CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 0 / 0/2004 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER D: INSURER E: DESCR[PTION OF DP E RATIONSILOCAT]O N S/VEHIC LE S/I='XC LUS[ON S ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Cancellation: ~AID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CF~%NGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CAN.~ELLED FOR NONPAIq4ENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED~w" City of Denton, its Officials, Agents, Employees and volunteers are included as Additional Insured w respe s o General Liability as required by written contract.~--''- '- 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/ Co11:1015274 Tp1=269092 Cert:4458796 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polioy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in ~[eu 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 insurer(s), 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. ACORD25~(7197) CO11.'1015274 Tp1=269092 Cert=~%58796 'JUL. 6.aili?~4 ~:4~PM Ii[Il:IlL COHSTRUCTIOH H0.4~5 P,4 This ~f~ ~ ~TA~ FARM ~I~A~ O~U~ COMPANY, ~t~. Illim~ STATE FARM FIRE AND ~UA~ COMPAq, ~ ~e foll~ng p~i~oMer ~r ~e c~m~s i~dl~ ~ reb~ s~ may h~ ~ ~ by e~ pa~ b/¥yp.... POLI~ PERIOD LIMr:rs OF LIAtllLi POUCY NUMBER E oF INSURAN::.;I! Effe~tve Date [ ......... B~ L~b~l~ : PROP~ Th~ I~um~ [~u~s: ~d~ - C~ O~ns C~I L~bih~ ~n ~ ~ve~ ~LI~ PERIOD BODIL~ INJURY~D PROPE~ ~CE~$ LI~ILI~ ~ O~ ~ ~ ~ (~mb~ed Slng~ Lh Um~ : ~ 2 BODILY I~URY Wo~em' ~m~ I IS, NOT A ~ONTRACT OF INStJIt~L~¢E AND NEITHER AFFIRMATIVELY NOR ~ELY ~EN~, ~NDS ORAL;~S ~E G~ A~RO~ ^~t ~ ~ Stam~ 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 Iow bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified 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 bM 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 to dobusinessinthe 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 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 apphes separately t o e ach insured a gafnst whom claim i s m adc o r suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liabihty. 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 O~ER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DA YS AD VANCE WRITTEN NOTICE IS REQUIRED'. 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: IX] A. General Liability Insurance: General Liability insurance with combined single limits of not less than S;~00:000 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 Liabihty form (ISO Form C G 0 001 current 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: [ Ix] Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting f~om explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) coveting this contract, personal injury liability and broad form property damage liability. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liabihty insurance with Combined Single Limits (CSL) of not less than $~00:01)0 either in a single policy or in a combination of basic and umbrella or excess policies. T he policy w ill include bodily 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. IX] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the min/mum 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 cons'auction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and role 28TAC ll0.110 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 carries the Contractor'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 1 Ix] 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 -inctudes the t/me from the beginning of the work on the project until the c ontractor's/person's work o n t he p roj eot h as 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 food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll mounts 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. 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 s hall obtain from e ach person providing services o n a project, and provide to the governmental entity: (0 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 o f coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The contractor shall notify the governmental entity in writing b y certified m ail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services o n t he project t hat t hey are required t o b e covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 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 ali 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 proj eot; (4) obtain fi:om 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 Co) 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 dehvery, 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. 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 agreements will b e filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Kegulation. Providing false or misleading 1information may subiect the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 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.