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HomeMy WebLinkAboutResolution - 2013-R0159 - Contract- FGM General Contractors & Construction - Shop Door Install And Service - 05/23/2013 I Resolution No. 2013—RO159 May 23, 2013 item No. 5.10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11071 for commercial shop doors install and services, by and between the City of Lubbock and FGM General Contractors & Construction, LLC, of Arlington, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 23, 9011 G ROBE TSON, MAYOR ATTEST: eb cca Garza, City Secreta APPROVED AS TO CONTENT: Quincy Whit , ssistant City Manager APPROVED AS TO FORM: I Chad Weaver, Assistant City Attorney i I vw:ecdocs/RES.Contract-FGM General Contractors May 1,2013 I� Resolution No. 2013—R0159 CONTRACT 11071 City of Lubbock, Tx Commercial Shop Garage Doors Install and Services This Service Agreement (this "Agreement") is entered into as of the 23rd day of May 2013, ("Effective Date") by and between FGM General Contractors & Construction, LLC (the Contractor), and the City of Lubbock(the"City"). RECITALS WHEREAS,the City has issued a Request for Proposals RPP 13-10071-DG for commercial shop garage doors to be installed and maintenance services. WHEREAS,the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perforin as an independent contractor to provide for the installation and maintenance service for commercial shop garage doors,upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A—General Requirements 3. Exhibit B—Proposal 4. Exhibit C—Price Sheet 5. Exhibit D -Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, attached hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit C,to Contractor for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business-like manner and in accordance with the standards and practices recognized in the industry. Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this Agreement is spent,whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty(30)days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State,without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in,Lubbock,Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty(30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and. at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise,including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy.The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document,this provision shall control. IN WITNESS WHEREOF,this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: CONTRACTOR: Glen obertson, l yor G General Cont ctors&Construction, LLC Title Rebec a Garza,City Seere APP OVED AS TO CONTENT: ,�� Quincy Whi ssistant City Manager AP PR O FORM: Chad Weaver,Assistant City Attorney Exhibit A GENERAL REQUIREMENTS 1 SCOPE OF WORK The contractor shall provide all labor, equipment and materials required to upgrade seven (7) commercial garage doors for Citibus garage and remove existing doors. In addition, the Contractor shall submit with proposal a maintenance schedule for preventative maintenance and service calls. Sealed proposals will be evaluated based upon criteria formulated around the most important features of the product and service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock.The estimated budget for this project is $ 90,000.00 2 PROJECT LOCATION Citibus facility located 801 Texas Ave, Lubbock TX 79401. 3 STANDARD SPECIFICATIONS The garage doors shall be the current production models and shall meet all State and Federal Health and Safety requirements. All parts or attachments not specifically mentioned but necessary to complete the door system, must be furnished and must conform to the highest standards of quality and workmanship provided in good engineering practice and intended in these specifications. The RFP will be evaluated on features and benefits of the doors, service/warranty, references and cost. a) Install in accordance with manufacturer's instructions. b) Use anchorage devices to securely fasten assembly to wall construction and building framing without distortion or stress. c) Securely and rigidly brace components suspended from structure. Secure guides to structural members only. d) Fit and align assembly including hardware; level and plumb,to provide smooth operation. e) Coordinate installation of sealants and backing materials at frame perimeter. t) Install perimeter trim and closures g) Lubricate test and adjust doors to insure proper operation and free from warp,twist or h) Successful proposal will supply yearly preventative maintenance plans to Citibus in both electronic and written formats. 4 CONTRACTORS RESPONSIBLITIES a) Instruct Owner's personnel in proper operating procedures and maintenance schedule. b) Contractor must insure that all City of Lubbock Codes are adhered to. c) The Contractor expressly undertakes, either directly or through its subcontractor(s), to clean up frequently all refuse, rubbish,scrap material, and debris caused by its operations,to the end that at all times the jobsite shall present a neat, orderly, and workmanlike appearance. No such refuse, rubbish, scrap material, and debris shall be left within the completed Work nor buried on site, but shall be properly protected and removed from the site and properly disposed of in a licensed landfill or otherwise as required by law or otherwise required by the Contract. d) The Contractor expressly undertakes, either directly or through its subcontractor(s),before final payment, to remove all surplus material, false work, temporary structures, and debris of every nature resulting from its operations and to put the site in a neat orderly condition. If Contractor fails to clean up at the completion of the Project, CITIBUS may do so and charge all the costs thereof to the Contractor. 5 PILOJECTION ON SITE The Contractor expressly undertakes, both directly and through its subcontractor, to take every reasonable precaution at all times for the protection of all persons and property which may come on the jobsite or be affected by the Contractor's operation in connection with the Work. 6 SAFETY AND HEALTH PRECAUTIONS The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety and health precautions and programs in connection with the Work, including but not limited to provision of appropriate sanitation facilities,if applicable. 7 PROTECTING THE PUBLIC The Contractor shall in all cases protect the public and the Work, during its execution, by posting and maintaining, at its expense, appropriate signs, barricades, barriers, lights, flagmen,and other safety devices. 8 PROTECTING THE WORK AND ADJACENT PROPERTY The Contractor shall continuously maintain adequate protection of all its work from damage and shall protect CITIBUS's property and the property where the Work is being done from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or its loss of use. Contractor shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by any public authority, local conditions, any of the persons and Contract Documents, or erected for the fulfillment of its obligations for the protection of or erected for the fulfillment of its obligations for the protection of persons and property. 9 EMERGENCIES In an emergency affecting the safety or life of persons or of the Work, or of the adjoining property, the Contractor, without special instruction or authorization from project manager, City Engineer, Building Code Official, or Fire Official, shall act, at Contractor's discretion,to prevent such threatened loss or injury. 10 DAMAGE TO THE WORK The Contractor shall have charge of and be solely responsible for the entire Work and be liable for all damages to the Work including, but not limited to any property at or in the vicinity of the Work, until Contractor completes the Work and it is approved and accepted by CITIBUS. 11 DAMAGE TO OTHER WORK OR UTILITIES. The Contractor shall take into account all other work which shall be done by other parties on the jobsite, either now known or which may become necessary during the progress of the Work, and shall be responsible for any damage done to the other work. Should any utilities require adjustment during the Work, it shall be the Contractor's responsibility to have such utilities relocated as a part of the Work and to contact and cooperate with the respective Utility Company in performance of such operations. The respective Utility Company shall be given a miniinum of forty-eight (48) hours notice prior to the adjustment. Damages that may occur to the utilities during the Work shall be the sole responsibility of the Contractor. 12 DAMAGE TO EXISTING STRUCTURES Damage caused by Contractor or its subcontractors to concrete curbs, gutters,sidewalks, or any existing facility, structure, or building that may occur during the Work shall be repaired or replaced by the Contractor, at its sole expense, as directed by and to the satisfaction of CITIBUS. 13 RELEASE BY CONTRACTOR The acceptance by the Contractor of the final payment for any requested work shall be and does operate as a release by the Contractor of all claims by the Contractor against CITIBUS and of all other liability of CITIBUS to the Contractor whatever, including liability for all things done or furnished in connection with the Work or the Contract. 14 ADDITIONAL WARRANTY The Contractor hereby warrants and guarantees that all of the Work, including, but not limited to, all materials, services, workmanship, and equipment, shall be free from any defects, deficiencies, inferior materials or equipment, and that the workmanship shall be of the highest quality for the type of Work performed or items supplied, and that all materials and equipment are new unless otherwise specifically noted in the Contract. Such warranty shall be for a period of I year from the date of the Contractor's final and proper completion of the Work and acceptance of such Work by CITIBUS. 15 DEFECTIVE WORK The Contractor agrees it shall repair or replace,at Contractor's sole expense, and to the satisfaction of CITIBUS, any work, material, equipment, or part that is found, by CITIBUS, to be defective and/or not in accordance with the Contract. 16 WARRANTY EXTENSION In any case, where in fulfilling the requirements of the Contract or any guarantee embraced in or required thereby, the Contractor disturbs, damages, or repairs any work guaranteed under the Contract, it shall restore such work to a condition satisfactory to CITIBUS and guarantee such restored work to the same extent and for a like additional period of time as it was guaranteed under the Contract. 17 CORRECTION OF DEFECTS If the Contractor, atter notice, fails to proceed promptly to correct any defects or defective Work , CITIBUS may have the defects or defective Work corrected by CITIBUS or another entity and the Contractor shall be liable for all costs and expenses incurred in doing so. 18 RISK OF LOSS The Contractor shall bear the risk of loss to the Work or any part thereof including any damages or loss from any cause of any type, loss, theft, mutilation, vandalism, or other damage, including those caused by acts of God, prior to the acceptance of the Work by CITIBUS. 19 OWNERSHIP OF MATERIAL AND WORK All materials and work covered by payments shall become the property of CITIBUS. This provision shall not relieve the Contractor from the responsibility for all material and to maintain all completed Work and to repair all damaged Work. The Contractor shall not deem a payment as a waiver to complete the terms of the Contract or shift the risk of loss from the Contractor to CITIBUS.The Contractor warrants that it has good title to all materials, equipment, and supplies which it uses in the Work or for which it accepts payment in whole or in part. 20 FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. Exhibit 3 tel+ FGM General Contractors & Construction, LLC. MethodoloQy 1. Remove existing overhead doors, weather stripping and tracks. (remove existing motors if add alternate accepted) a. Take scrap to land fill&/or local recycling center for any parts that can be recycled(Receipts to be provided). 2. Install new tracks and weather stripping according to manufactures instructions Specifications included for review). (Types of tracks wi It be dependent on door selection) 3. Install new doors according to manufactures instructions(Specifications included for ;.f;.. review) =' 4. Install new motors according to manufactures instructions(Specifications included for review)(Motors will be installed if add alternate accepted) All doors will be lubricated,adjusted and tested to ensure that they are operating 100%and that there is no warping or binding. All doors will be installed with clearance height being of the upmost concern. All doors will be worked on one at a time. Once work has begun on a single door, it will be completed in its entirety before a new door is started.No Door will be left unsecure overnight for any reason,no exceptions. We are anticipating that we will complete one door per day and we will work around the city's schedule. We at FGM General Contractors&Construction,LLC understand the scope of this project and will complete it for the amounts quoted in a timely fashion for the city. ���rte Y' FGM General Contractors & Construction, LLC. Additional Information Upon door selection: • It will take 3 weeks for the doors to be manufactured and delivered to Lubbock • .All new item installed by FGM General Contractors&Construction,LLC. will carry a 1 year parts& labor warranty with an option for an additional 2 years. • We have attached the`Buy America Certificate" • The maintenance program includes two maintenance calls per year which includes but not limited to- o Inspecting&servicing the doors,rollers,hinges,bearings,springs,chain,shaft(s), belts,switches, controllers,operators&connections -: • The closest service technician lives 14 miles from the Citibus garage. o Roger Williams(RW Doors), 806-401-4094,9607 Dawson Ave,Wolfforth,TX 79382 • We will have a service technician available 24 hours a day 7 days a week. • We will respond to service&repair call 7 days a week with most parts being in stock in Lubbock,for the installed doors. Replacement door panels,used to replace damaged door panels,generally take one week to arrive in Lubbock from the factory. The labor rate for repairs not covered by the warranty will be billed at$120.00 per hour. • In order to respect the city's desire for using local resources,we have interviewed several local door companies and we have chosen to use RW Doors(Roger Williams),806-401- 4094,9607 Dawson Ave,Wolfforth,TX 79382 as our installer and superintendent for this contract. With his past experience and knowledge in commercial garage doors,he is the best candidate for the job. • We have also attached equipment specifications for all doors and operators that are being proposed for this project. -sem. Manufacturing, Pr . . Rolling Door Products since 1975 Service Doors Standard Duty Doors Heavy Duty Doors Insulated Doors Weatherstripped Doors ervice Dors Counter Doors Steel&Stainless Steel "Thermal Guard" Insulated Service Doors Aluminum When an application requires weather protection the R&S Fire Rated Doors "Thermal guard"steel rolling senice door is the right choice. Fire Doors Constructed using laid-in-place polyuretbane insulation the Counter Fire Doors curtain is an effective barrier against the elements.Rain,(lust and wind are kept at bay by vinyl weatherstripping at the. Security Grille Doors fautpiece.guides and hood.Designed for sues up to;;o'wide Standard Duty and 28'high with a minimum 22 garage exterior slat and a 24 Heavy Duty gauge hack slat these doors are a onstructed to stand against.the m eleents, About R&S All R&S doors are designed to withstand up to So mph winds Contact Us and can be upgraded for more seven:weather conditions. home Curiairis can be orderer)in standard grey or in tan-vith umtrasting black guides and footlliece.A galvanized steel finish is also offered providing the look and protection or.stainless ' steel without the cost. } Specifications Options Model Designations Clearance Requirements Slat Detail "Thermal Guard"Insulated Service Door Specifications Part.t.General i.oi Summary A.Service doors excluding design,construction and preparation of openings;finish tar field painting; access panels;electrical wiring,conduit,vvire,fuscw and disconnect switches 1.02 PelfOrmanoe A.Whidlond:Service doors are designed to withstand a minimum 20 PS1 windload.(1) B.Usage,Sen ice doors are designed to operate a minimum of 20,000 cycles.(2) Part a PnrducLS 2.oi Materials A.Manufacturer:R&S Manufacturing,modd I B.Mounting;lnteeior or exterior face of wall or between jamb C.Operation:Chain hoist is standard.Arming crank,crank bot or motor operation are optional. D.Curtain:hrterlorking type 2,g flat slats are roll formed from galvanized steel wit.22 gage slat(a 8 or 20 gage optional)i,blsed on size of opening as required to meet windload.Polyurethane fbam,;1 thick,is laid in place for complete coverage and.concealed by a 24 gage back slat(22.gage back stat optional).Endlocks are riveted to slats to maintain curtain alignment.Windlocks are riveter)to slat:( when required to meet windload.Bottom of curtain is reinforced by an extruded aluminum or double steel angle footpiecewith astragal. E.Guides:Structural steel angles form curtain guides and are bolted to structural steel wall angles. Sizes of guides are as required to retain curtain under windload.Windlock bars are provided.when r+vudlocks art required to meet windload.Vinyl guide weatherstripping against the flat-faced side of the slats is standard(woul pile,brush,or weatherstripping on both skies of the curtain are optional). F.Brackets:Steel platebrackets are bolted to wall angles to support curtain and barrel and provide mounting for hood. G.Barrel:Minimum W diameter steel pipe houses torsion sprint;assembly and supports curtain with a mnximum deflection 0f.03 i.ndl per foot of width.Torsion springs are mounird on a continuous cold rolled steel shaft,adjustable by a tension wheel outside one bracket. H.I3ood:Formed from minimmn 24 gage galvanized strel sheet,reinforced with top and bottom flanges to limit deflection.Internal vinyl hood haftle is standard.Intermediate support is provided when required. L Locking:Chain lock with chain operation with optional slidebolt locks. Part 3 Execution ;.or Installation A.Service doors are to W installed by an R&S authorized representative in accordancewith R&S installation instructions. (i)Standard design will allow the rolling door to be operable after having been subjected to a uniform constant load of 20 PSF.Curtain slat deformation may occur and there is no guarantee of operability while mider load unless such a requirement is stated by the specifier.t'r'i adload forces acting on the rolling door slats may cause severe loadings at the jambs.The building door jamb construction(walls, steel structure,etc.)must be designed to withstand the anticipated loads. (')'Frequency requirements must specify for the door operator and all components a-fixed number of cycles for an expressed period of time and include a sealed counter.device.A cycle+is defined as an action on the door from filly closed,to the fully open,and returned to the£idly closed position. top "'Thermal Guard"Insulated Service Door Options Increased Windload Capacity:curtain designs to withstand windloads exceeding 20PSF Higb Cycle Construction:designs to provide up to 150,000 operating cycles or maximum possible in design Vision.i..it:es:single or multiple 3"wide cutouts with g/4"thick acrylic in opening Sloped or Stepped Footpiece:for special sill conditions Cylinder Locks:on Footpiece or guide Pass Door:9'-0"x V-0"x 1.1/4"thick hollow metal grey primed(black optional)door in a steel frame for access through the entail when closed;frame is hinged to guide anal swings clear to allow use of en tire door opening when curtain is raised;Standard hardware includes lever lot lc with optional deadbolt;handicap option,custom sizes,windows and special hardvware ay.rilable it ii'�i I .�14 l}# I' i - Par pa%door•specifications-click here -: Galvanized Finish:on footpicec,guides,brackets and barrel Safety Bearing:This unique safety device.N ncti min as both a bearing and inertia brake for motorized service doors and grilles.77rc safety bearing is designed to prevent the curtain from frees-falling if there is damage to or hilure of the motor operainr,drive chain or spring asremhly.If a malfunction occurs anis the downward speed increases to an unsafe rate,the inertia brake absorbs the added energy and safely stops the load. Povdercoul Finish:a durable and decorative finish for steel or aluminum surfaces.It provides longer life.and requires less rnaintema.nce than a standard finish..Powdej•crating is;available in a variety of colors for use on many products.Consult factory for color selection,applications and limitations. top 'Thermal Guard" Insulated Service Door Model Designations By Method of Qpe.ration-Face of Wall Mount IFC-Chain "I-.Motor Due to the increased weight of insulated curtains.Inish-u l?or crank operation is not recommended. top "Thermal Guard" Mounting Details&Clearance Chart Head Room Requirements v Aien 7" y" s A 20 L6,3/4 --- Ii . C '2';112 181/2 4 D 2j 112 201/2 E 29 1/2 241/2 F Consult Factot'y x.., • Redtu:e 7'bya":cdth top hoodflange turned down 7A' Side Room Requirements ' E Opening Width l p 1W, X„ Y” is I C 37iru 15' 6 8 52w t2 8 Over 15'rhru 24' 7 9 z R1.1-1 chain operation as I g shoum-reuerse:.Y'&`.YVbr a A I,/H A• T14RU V a' t2' 16' 21Y 24' OPENING WIDTH top "Thermal Guard"Steel Rolling Service Door Slat #25 Flat Slut standard Mat slat for tuse on all service doors where environmental conditions are a consideration,Available in 24,22, 2o,or 18 gage galvanirexl steel.Also For T use on all fire doom,especially those 1 requiring gaskets. 2 5/8" 3/4" Steel slats are galvanized per ASTM standards,treated frn'paint adhesion and pro finished before forming with a prime coat and halved-on grey or tan polyester top mat. top Exhibit. C City of Lubbock,TX Purchasing&Contract Management RFP 13-11071-DG Commercial Shop Garage Doors Install and Services PROPOSAL PRICE SHEET Proposees Name: FGM General Contractus•&Construction,LLC. 1. Model of doors: R&S Manufacturing insulated Roll up doors 2.Cost of Commercial Garage Doors Complete lnstallation Two(2) 18'W X 14'Tall.Doors x 57,383.75 Ea $14,767.50 - One(1)21''W X 1.4' Tall Door $ n/a One(1)25'W X 14"Tall Door x $11,141,63 Ea $1'4,141.63 Three(3)21'V1W X 14' Tall Door x $$,372.69 Ea t25,118.07 Total Cost installation $7,436.94 -- Service Call Per Hour(Any'Time) $120.00 Warranty cost 1st Year $ 0.00 3.List any additional costs: Parts&Labor Warranty Year 3 53,600.00 G_ Optional New Motors $527.39 Ea 5,564.34 4. Annual maintenance agreement $ 1,178.57 OVERALL TOTAL $ 67,748,48 Prepared by: Mike Piny -- Title: Managing Member Date: 02-04-2013 City of Lubbock,TX Exhibit D City of Lubbock, TX Purchasing&Contract Management RFP 13-11071-DG Commercial Shop Garage Doors Install and Services 11—INSURANCE COVERAGE REQUIRED SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City,which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insutance coverage written by companies approved by the State of Texas and acceptable to the City,in the following type(s)and amount(s): TYPE OF INSURANCE COMBINED SINGLE LL`IIT GENERAL LIABILITY ® Commercial General Liability General Aggregate $1.000,000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG Endorsement ❑❑ W/Heavy Equipment Personal&Adv.Injury Endorsement To Include Products of Complete Operation Endorsements Contractual Liability Endorsement Fire Damage(Any one Fire) Med Exp(Any one Person) PROFESSIONAL LIABILITY ❑ General Aggregate AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non-Owned Autos Aggregate $1,000,000 EXCESS LIABILITY ❑Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only-Each Accident ❑ Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100%of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100%of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION—STATUTORY AMOUNTS AND OCCUPATIONAL MEDICAL AND DISABILITY ❑EMPLOYERS' LIABILITY OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on AutolGeneral Liability on a primaty and non-contributory basis. ® To include products of completed operations endorsement. ® TFaiver of srrbrogalion in favor of the City oj'Lubbock on all coverages, except IMPORTANT: POLICY ENDORSEMENTS "Che Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision,or modification of particular policy terms,conditions, limitations,or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages,and shall pay the cost thereof.Any costs will be paid by the Contractor, REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance,all insurance contracts and certificate(s)of insurance will contain and state,in writing,on the certificate or its attachment,the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear)as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation,nonrenewal,or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. L All conies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change,which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing&Contract Management City of Lubbock 1625 13`h Street,Room 204 Lubbock,Texas 79401 SECTION D. Approval,disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency,or denial of liability by the insurance company exonerate the Contractor from liability.