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HomeMy WebLinkAboutRES 11-208 RESOLUTION NO. 11-208 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a bid to H. B. Neild & Sons, Inc., of Beaumont,Texas, in the amount of$559,450 for motorized shutters, storefront doors and window screens for the Police and Municipal Court Buildings. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2011. - Mayor Beck Ames - Y Y F SAIA n ' MO Standard Form of Agreement Between der and ConftctDr where the basis of payment is a Stipulated Sum IAGREEMENT made as of the Twenty Seventh day of July in the year Two Thousand and Eleven (In uvrds, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) This document has important legal consequences.Consultation City of Beaumont with an attorney P.O.Box 3827 is encouraged with respect to Beaumont,Texas 77704 its completion or modification. AIA Document A201 TM 2007, General Conditions of the Contract for Construction,is and the Contractor: adopted in this document by (Name, legal status,address and other information) reference.Do not use with other general conditions unless this document is modified. H.B.Neild&Sons,Inc. P. O.Box 22555 Beaumont,Texas 77720 for the following Project: (Name, location and detailed description) Renovation for the City of Beaumont Municipal Court-Police Department The Architect: (Name, legal status,address and other information) The LaBiche Architectural Group.Inc. 7999 Gladys Avenue.Suite 101 Beaumont,Texas 77706 The Owner and Contractor agree as follows. AIA Docussert Al01w—.2107;GepyrdpM 0 1915,1918,1192b,1937,1951,1958,1901,1983,1907,1974,1977,1987,1991,1997 and 2907 by The American Ink. Insadde of Arty.rMit rlgt ft reserve d.wARBYWt;:This A1A°oocumerpt hr Woliselod by U,&Condght Law and lirbnraffonal TrwllIS.Unauthorized .� reproduction or dumb tdon of this AlA Document or any portion of 14 may mwk In aware civil and criminal perie ties,and will be prosecuted to the 1 maufmum enter it possible under the law.This document was produced by AIA software at 09,A4:34 on 091=011 under Order No.198332837-, l which expires on 0211512012,and is not for resale. Usermates: (1128508828) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORT(OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) The date of commencement will be fixed in a notice to proceed If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the Owner's time requirement shall be as follows: 13.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not latex than Two Hundred Ten ( 210 days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Init. AIA DOCwsent A401 TM—206Rf.COVIrW 01915,1918,1925,1937,1951,1958,1981,1943,1987,1974,1977,1987,1691,1997 and,2007 by The American Institute of Arditcte.Ati rNitrin reserve d.WARNIMf:This Ake Document is pnAwAi d by U.B.CopyfiOht Law and international Tnntlec Unauthorbod 2 reproduction or won of this A10 Document,or any portion of it,mry result In seven chrti and criminal penudtles,and wet be prosecuted to the t ma durum exNapose"underthe law.This document was produced by AIA software at 09:44:34 on 06/03/2011 under Order No.19633253741 which expires on 02/1512012,and Is not for resale. User Notes: (1 128808828) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, f arty,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Five hundred fifty-nine thousand four hundred fifty dollars and zero cents ($ 559,450.00),subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate No.2 $5,381.00 § 4.3 Unit prices,if any: (Identify and state the unitprice;state quantity limitations, ifany, to which the unit price will be applicable.) Item Units and LkWWons Price Per Unit($0.00) § 4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if arty,from the allowance price) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the.Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.11 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 5.13 Provided that an Application for Payment is received by the Architect not later than the Fifteenth day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the Fifteenth day of the ff lowins month.If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Djgy_(301 days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) 15.1 A Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to Inft mADoaanentM01TM'2007.Copyright©1915,1918,1925,1937,1851,1959,1981,1983,1987,1974,1977,1987,1991,1997 and 2007 by The American Instihtt a of Arc hhects.A0 liaWbareem"d.WARNINB:This AIO Document Is probcbd by U.S.copyright Law and inwnMoinal Treaties.Unauthorized 3 reproduction or distribution of this AW Docan»nt,or any portion of it,may result in severe civil and criminal prnallies,and will be prosecuted to the t maximum extent possible underthe law.This document was produced by AIA software at 09:44:34 on 08/03/2011 under Order No.1903325374_1 which expires on 02/1512012,and is not for resale. User Notes: (1128608820) substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(J-00%). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm-2007,General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Five ercent(5.00 %); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section 9.8 5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5:1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. .§ U RNAL PAYMENT § 531 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: Init. MA Docwaent^101--3001.Copyripht 01915,1918,11925,1937,1961,1968,1981.1968,1987,1974,1977,1987,1991,1997 wW 2007 by The American Institute of Archiracts.M rights reserved.WARNING:This Ale Documerd Is pied by U.S.Copyright Low and MNerrr r1lonal trestles.Unauthorized 4 reproduction orolebribution of this AW Document,or any portion of it may result In severs civil and criminal penalties,and will be prosecuted to the t maximum exiont pub under the law.This document was produced by AIA software at 09:44:34 on 08MV2011 under Order No.1983325374 1 which expires on 02115=12,and is not for resale. Us Motes: (1128608628) ARTICLE 6 DISPUTE RESOLUTION § 6A INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name,address and other contact in of the Initial Decision Maker, if other than the Architect.) § 6.2 WVING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201 2007,the method of binding dispute resolution shall be as follows: (Check the appropriate boat.If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 I [X ] Litigation in a court of competent jurisdiction [ ] Other(Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 81 Where refice is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) per annum % § 83 The Owner's representative: (Name, address and other information) Brenda Beadle City of Beaumont 801 Main Street Beaumont,Texas 77702 Init. ANADopaaen *10rlw-.2007.CaplaipldQ 191&,1918,1925,19337,1961,t95e,1981,1988,1967,1974,1977,1867,1901,1907 W42007 by The American kuftde of/uchw as,AN rights reserved WAR4MNt�:This AIA'Document bi protected by U.S.Copyright Law and international Treaties.Unauthorized 5 reproduction or Ibutlaa of this A/A Document,or any portion of it,nary result In severe clvN and cdadnal oaaaftles,and will be prosecuted to the f nle0dmum extent poeNWs under the tow.This document was produced by AIA software at 09:44:34 on 06)03/2011 under Order No.1963325374._i which expires on 02/15/2012,and is not for resale. User Notes: (1128608626) § 8A The Contractor's representative: (Name, address and other information) Johnny Neild H. B Neild&Sons,Inc. P.O.Box 22555 Beaumont.Texas 77720 § .8.5 Neither the Owner's nor.the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. § 9.1.1 The Agreement is this.executed AIA Document A 10 1 2007,Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 2007,General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Tide Date Pages I Supplementary General 06/04/11 7 Conditions § 9.1 A The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Exhibit A Sedon Tide Date Pages § 9.1:5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Exhibit B Number Title Date § 9.1.6 The Addenda,if any: Number .Date Pages 1 07/12/11 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIADoemmuttA401--21107.Copyrlpht01418,1918,1925,1937,1961,1958,1981,1983,1967,1974,1977.1987,1891,1997 and 2007 by The American Init. Instituts of ArchNtoin.All rWft reame i.WARNING:This AIA!Document is protected by U.S.Copyright Law and Inhwoollionel Trestles.Unauthorized 6 repooduction or won of this AIO Documant,or any portion of it,may result in severe cWa and criminal Panama,and wo be prosecuted to the mwdm m extent possible under the law.This document was produced by AIA software at 08:44:34 on 00312011 under Order No.1 9=253741 which expires on 02H 6=12,and is not for resale. User Notes: (1128808828) § 9.13 Additional documents,if any, forming part of the Contract Documents: .1 AIA Document E201TM2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201 2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I I of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond Limit of IiabUlty or bond amount($0.00) See exhibit C This Agreement entered into as of the day and year first written above. L 1'�V OWNER(Signature) C CTOR(Signature) Ides Qtv Mananer J Y Nil (Printed name and title) (Printed name and title) Init. AIA DOC1 A191--AIM7.Copydpht01915,1918,1926,1937,1961,1948,19®1,1963,1987,1974,1977,1987,1991,1907 and 2007 by The American Inmlitute of Architects.All righig ra .VVARKMQ:This A10 Document Is promoted by U.S.Copyright Law and intanw florrelTr'MMs.Unauthorized 7 reproduction ordMUNHAme of this NA"Document,or any portion of it,may result In severe civil and cdrMru i ponaldea,and WM be prosecuted to the t maximum extent poNibM underthe law.This document was produced by AIA software at 09:44:34 on 08MM011 under Order No.1963325374_1 which expires on 02M 5=12,and Is not for resale. User Notes: (1128808828) EXHIBIT A RENOVATIONS FOR CITY OF BEAUMONT MUNICIPAL COURT—POLICE DEPT. A 101 -2007 07/27/11 Division Section Title Pages DIVISION 00-PROCUREMENT AND CONTRACTING REQUIREMENTS NOT APPLICABLE DIVISION 01 -GENERAL REQUIREMENTS 011000 SUMMARY 3 012600 CONTRACT MODIFICATION PROCEDURES 2 012900 PAYMENT PROCEDURES 3 013100 PROJECT MANAGEMENT AND COORDINATION 3 013200 CONSTRUCTION PROGRESS DOCUMENTATION 3 013300 SUBMITTAL PROCEDURES 3 014000 QUALITY REQUIREMENTS 3 014200 REFERENCES 3 016000 PRODUCT REQUIREMENTS 3 017300 EXECUTION 3 017700 CLOSEOUT PROCEDURES 3 017823 OPERATION AND MAINTENANCE DATA 3 017839 PROJECT RECORD DOCUMENTS 3 DIVISION 02 EXISTING CONDITIONS 024119 SELECTIVE STRUCTURE DEMOLITION 3 DIVISION 03 CONCRETE NOT APPLICABLE DIVISION 04-`MASONRY NOT APPLICABLE DIVISION 06 "METALS N• �B, NOT APPLICABLE CO C7 w M n 1 of 3 ~ 11592 P '9pE 0 F ��� EXHIBIT A RENOVATIONS FOR CITY OF BEAUMONT MUNICIPAL COURT-POLICE DEPT. A 101 -2007 07/27/11 DIVISION 06-WOOD, PLASTICS, AND COMPOSITES NOT APPLICABLE DIVISION 07-THERMAL AND MOISTURE PROTECTION NOT APPLICABLE DIVISION 08- OPENINGS DIVISION 09- FINISHES NOT APPLICABLE DIVISION 10-SPECIALTIES DIVISION 11 -EQUIPMENT NOT APPLICABLE DIVISION 12-FURNISHINGS NOT APPLICABLE DIVISION 13 SPECIAL CONSTRUCTION NOT APPLICABLE DIVISION 14-CONVEYING EQUIPMENT NOT APPLICABLE DIVISION 21 FIRE SUPPRESSION NOT APPLICABLE DIVISION 22- PLUMBING NOT APPLICABLE DIVISION 23- HEATING VENTILATING AND AIR CONDITIONING NOT APPLICABLE DIVISION 26 ELECTRICAL, PEA qA NOT APPLICABLE ti a H �a6 cy CO w m n 2 of 3 °C s�9 11592 jc TF OF �� EXHIBIT A RENOVATIONS FOR CITY OF BEAUMONT MUNICIPAL COURT—POLICE DEPT. A 101 2007 07/27/11 DIVISION 27 -COMMUNICATIONS NOT APPLICABLE DIVISION 28-ELECTRONIC SAFETY AND SECURITY NOT APPLICABLE DIVISION 31 -EARTHWORK. NOT APPLICABLE DIVISION 32- EXTERIOR IMPROVEMENTS DIVISION 33 - UTILITIES NOT APPLICABLE END OF TABLE OF CONTENTS COED q9 c� Lu 3of3 11592 CO TF OF -� EXHIBIT B RENOVATIONS FOR CITY OF BEAUMONT MUNICIPAL COURT-POLICE DEPT. A 101-2007 07/27/11 INDEX OF DRAWINGS ARCHITECTURAL. A1.0 POLICE DEPT. FLOOR PLAN, STOREFRONT ELEVATIONS A2.0 MUNICIPAL COURT FLOOR PLAN, SHUTTER & SCREEN DETAILS @ ELEVATIONS A3.0 STOREFRONT AND HURRICANE SHUTTER DETAILS A4.0 MUNICIPAL COURT ELEVATIONS A4.1 MUNICIPAL COURT ELEVATIONS END OF INDEX OF DRAWINGS ED qR G WqC c'y w n 16306 �P TF 0 F �F. EXHIBIT C RENOVATIONS FOR CITY OF BEAUMONT MUNICIPAL COURT-POLICE DEPT. A 101-2007 07/27/11 Article 11 — Insurance Add: 11.1.1.1 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: A.Premises Operations ()including S, C, and U coverages as applicable). B.independent Contractor's Protective. C.Products and Completed Operations. D.Personal Injury Liability with Employment Exclusion deleted. E.Contractual, including specified provision for Contractor's obligation under Paragraph 3.18. F.Owned, non-owned and hired motor vehicles. G.Broad Form Property Damage including Completed Operations. 11.1.1.21f the General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1 AThe insurance required by Subparagraph 11.1.5 shall be written for not less than the following limits, or greater if required by law: INSURANCE SECTION A. Prior to the approval of this contract CONTRACTOR shall furnish a completed Insurance Certificate to the Owner. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY BF.AUMS3 I SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE OWNER, and no officer or employee of CITY OF BEAUMONT shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION 13. CITY OF,RgAUNONT reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by the Owner, 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, insurance coverage written by companies approved by the State of Texas and acceptable to the Owner, in the following type(s) and amount(s): 1 of 4 EXHIBIT C RENOVATIONS FOR CITY OF BEAUMONT MUNICIPAL COURT-POLICE DEPT. A 101-2007 07/27/11 TYPE OF COVERAGELIMITS OF LIABILITY 1.Workmen's CompensationStatutory 2.Employer's Liability$100,000- $500,000 3.Comprehensive General Liability a. General Aggregate$1,000,000 b. Products/Completed Operations$1,000,000 c. Personal Injury and Advertising$1,000,000 d. Each Occurrence$1,000,000 4.Comprehensive Automobile Liability (Including hired and non-owned)$1,000,000 5.Owner's and Contractors Protective Liability a. Each Occurrence$1,000,000 b. Aggregate$1,000,000 6.Builder's Risk InsuranceFull amount of Contract TUmbrella "All Risk"$1,000,000 The Contractor shall obtain at his expense Builder's Risk Insurance against the perils of fire, lighting, windstorm, hurricane, hail, explosion, riot, civil commotion, smoke, aircraft, land vehicles, vandalism and malicious mischief in the amount of insurance equal at all times to the insurable value of materials delivered and labor performed. The policy issued in the name of the Contractor shall also name his Subcontractors and the Owner as additional insured, as their respective interests may appear. The policy shall have endorsements as follows: `This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises." All costs for the above specified insurance shall be bome by the Contractor. Insurance Requirement Affidavit shall be submitted with bid. The Contractor shall require all subcontractors engaged to do work in connection with this contract to carry Public Liability and Property Damage Insurance in amounts not less than specified above. ADDITIONAL POLICY ENDORSEMENTS OWNER shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitation, 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 OWNER, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof. 2 of 4 EXHIBIT C RENOVATIONS FOR CITY OF BEAUMONT MUNICIPAL COURT-POLICE DEPT. A 101-2007 07/27/11 REQUIRED PROVISIONS CONTRACTOR agrees 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. 1.Name, CITY OF OfAUMONT and its officers, employees, and elected representatives as additional insured(s), (as the interest of each insured may appear)to all applicable coverage; 2.Provide 15 days notice to the Owner for cancellation, non-renewal, or material change; 3.Provide for an endorsement that the "other insurance" clause shall not apply to the Owner where Owner is an additional insured shown on the policy; 4.Provide for notice to the Owner at the address shown below by registered mail; &CONTRACTOR agrees to waive subrogation against the Owner, its officers, employees, and representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 6.Provide that all provisions of this agreement 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. 7.For coverage that are only available with claims made policies, the required period of coverage will be determined by the following formula: continuous coverage for the life of the contract, plus one year(to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify Owner in the event of any change in coverage and shall give such notices not less than 15 days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to The Owner at the following address: CITY OF BEAUMONT 801 MAIN STREET BEAUMONT,TEXAS 77701 SECTION D. INDEMNIFICATION. The CONTRACTOR agrees to indemnify and save harmless the Owner from any and all claims, causes of action, and damages of every kind, for injury to or death of any person and damages to property arising out of the construction of said improvements or the operations embraced by this contract, and including acts or omissions of the Owner in connection with said construction. SECTION E. Approval, disapproval, orfailure to act by the Owner regarding any insurance supplied by CONTRACTOR shall not relieve 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 CONTRACTOR from liability. 3 of 4 EXHIBIT C RENOVATIONS FOR CITY OF BEAUMONT MUNICIPAL COURT-POLICE DEPT. A 101-2007 07/27/11 Bidders shall adhere to all requirements under this section. No variances from these requirements will be accepted by the Owner. General contractor shall be required to certify that all subcontractors comply with the Workmen's Compensation requirements and shall be required to notify the owner of any changes in a subcontractors insurance during construction. 11.1.2Add the following sentence: If this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 25S will be acceptable. 11.20wner's Liability Insurance 11.2.1 Change Subparagraph 11.2.1 to read: The Contractor shall purchase and maintain insurance covering the Owner's.contingent liability for claims which may arise from operations under the Contract. This insurance shall be the same limits as stated in 11.1.6.2 above and shall be issued in the name of the Owner and the Architect. 4 of 4