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R-13-06-27-E5 - 6/27/2013RESOLUTION NO. R -13-06-27-E5 WHEREAS, the City of Round Rock has duly advertised for bids to purchase certain on-site services in the nature of general building construction trades services (electrical) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as - needed basis, and for associated goods and services; and WHEREAS, M & C Electric, Inc. has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of M & C Electric, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of General Building Construction Trades Services (Electrical Trade) From M & C Electric, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of June, 2013. ai')1x'- ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 1n, A 9p L , A�t SARA L. WHITE, City Clerk O:\wdox\SCClnts\0112\ 1304\MUNICIPAL\00276892.D0C RESOLUTION NO. R -13-06-27-E5 WHEREAS, the City of Round Rock has duly advertised for bids to purchase certain on-site services in the nature of general building construction trades services (electrical) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as - needed basis, and for associated goods and services; and WHEREAS, M & C Electric, Inc. has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of M & C Electric, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of General Building Construction Trades Services (Electrical Trade) From M & C Electric, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of June, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 0y L 4 *�t SARA L. WHITE, City Clerk O: \wdox\SCC Ints\0112\ 1304UNUNICIPAU00276892. DOC EXHIBIT „A„ CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (ELECTRICAL TRADE) FROM M & C ELECTRIC, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for on-site services in the nature of general building construction trades services (electrical) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the day of the month of '2013, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and M & C ELECTRIC, INC., whose address is 9701 Brown Lane, C #305, Austin, Texas 78754, referred to herein as "M & C." This Agreement supersedes and replaces any previous. agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase certain on-site services in the nature of general building construction trades services (electrical) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and associated goods and services, and City desires to purchase same from M & C; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by M & C; and WHEREAS, City issued the aforementioned "Invitation for Bid" erroneously labeled Solicitation Number 13-016, the correct Solicitation Number being 13-017, as the same was indicated on M & C's response to said Invitation for Bid, and any all references in this Agreement to the Invitation for Bid shall refer to the correct Solicitation Number 13-017. WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 00273202.doc/jmr 1.01 DEFINITIONS A. Agreemenf means the binding legal contract between City and M & C whereby City is obligated to buy specified services and M & C is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 13-017, Specification Number 13-910-82 and 13-910-38; (b) M & C's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) M & C's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parries to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. M & C means M & C Electric, Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive- terms of twelve- (12) month's each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided M & C has performed each and every contractual obligation specified in this original Agreement. C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but 2 not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit "unit price" adjustments upwards only in accordance with Part 1, Item 9 of City's Invitation for Bid included as a part of Exhibit "A," attached hereto and incorporated herein by reference for all purposes. Any price increase shall be requested by M & C in writing and accompanied by the appropriate documentation to justify the requested increase. M & C may offer price decreases at any time and in excess of any allowable percentage changes. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected M & C to supply the services as outlined in IFB Solicitation Number 13- 017, Specification Number 13-910-82 and 13-914-38; and Response to IFB submitted by M & C, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by M & C in its Response to the IFB. The services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 INITIAL RESORT TO PRIMARY PROVIDER, AND SUBSEQUENT RESORT TO SECONDARY PROVIDER; MANDATES FOR PROVISION OF GOODS AND SERVICES A. Initial Resort to Primary Provider, and Subsequent Resort to Secondary Provider. The parties specifically acknowledge and agree as follows: M & C shall be considered as one of two providers of the specified goods and services, and shall be considered the primary provider. City may, in its sole and unfettered discretion, elect to seek goods from either one of the two providers. Should the primary provider contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event the remaining provider may be considered "best value" and be contacted to provide the goods as a secondary provider. M & C specifically further acknowledges and agrees as follows: This Agreement is not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use either of the two providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. B. Mandates for Provision of Goods and Services — Emerzency Service Calls. M & C specifically further acknowledges and agrees as follows: M & C shall maintain regular business hours from 7:00 am to 6:00 pm Monday through Friday, and shall be available for emergency service calls on a 24/7 basis with a maximum two (2) hour response time. M & C shall provide City with a 24-hour emergency contact telephone number connected with, at minimum, a voice mail paging system outside of regular business hours. City shall make a notification call to M & C by telephone with emergency instructions when City has designated an emergency service call situation. In the event that M & C does not answer the telephone and/or return City's notification voicemail within thirty (30) minutes of initial placement of call, then and in that event City may contact and place the order with the secondary provider as provided above. Non --answer of notification call may result in City declaring M & C to be non-compliant with the order and under this Agreement; non -returned voicemail within thirty (30) minutes may result in City declaring M & C to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non- compliance as delineated herein within a period of six (6) consecutive months. Repeated non- compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in per• When City has notified M & C of an emergency service call situation. M & C shall have trained personnel on-site within two (2) hours of City's notification. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframe specified in this Agreement, then and in that event M & C may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods and services elsewhere from the remaining provider or from a different source. Mandates for Provision of Goods and Services — Non -Emergency Service Calls. M & C specifically further acknowledges and agrees as follows: City shall make a notification call to M & C by telephone with non -emergency instructions when City has designated a non -emergency service call situation. In the event that M & C does not answer the telephone and/or return City's notification voicemail within twenty- four (24) hours of initial placement of call by City, and provide a written estimate within forty- eight (4 8) hours of initial placement of call by City, and guarantee that work will be initiated within five (5) days of City's initial request, then and in that event City may contact and place the order with the secondary provider as provided above. Non -answer of notification call may result in City declaring M & C to be non-compliant with the order and under this Agreement; non -returned voicemail within twenty-four (24) hours may result in City declaring M & C to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. 4 Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has designated a non-emeryency service call situation, M & C shall fulfill in full the non -emergency order within the dates and times specified by City. Driving distance from City's location to M & C shall not exceed 35 miles. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframes specified in this Agreement, then and in that event M & C may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from the remaining provider or from a different source. 5.01 ITEMS AWARDED Only if, as, and when needed by City, building construction trades services (electrical) services are awarded to M & C in accordance with bid items 91 through and including #6 shown on Exhibit "A," as follows: Master Electrician Regular Hourly Labor Rate Overtime Hourly Labor Rate Journeyman Electrician Regular Hourly Labor Rate Overtime Hourly Labor Rate Percentage Markup 6.01 COSTS $53.00 (2 minimum hours) $79.50 (no minimum hours) $47.50 (2 minimum hours) $71.25 (no minimum hours) 12.5% M & C specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services, and City may not expend in excess of $15,000.00 in payment of such services per single job performed during the initial term of this Agreement. Only if, as, and when needed by City, the bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by M & C. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of M & C'>- B. ; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 27 1. 101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 9.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving M & C a written notice of termination at the end of its then -current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2-251, V.T.C.A., Texas Government Code, any payment to be made by City to M & C will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. M & C may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and M & C, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between M & C and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or Cel D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 11.01 GRATUITIES AND BRIBES City may, by written notice to M & C, cancel this Agreement without incurring any liability to M & C if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by M & C or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, M & C may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in M & C charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If M & C cannot provide the services as specified, City reserves the right and option to obtain same from another source or supplier(s). 14.01 INSURANCE M & C shall meet all requirements as stated in the attached IFB Solicitation Number 13- 017 (including all attachments and exhibits), Attachment A, hereto, and its bid response. 15.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Pete Dominguez, Facilities Manager. City of Round Rock 212 Commerce Cove Round Rock, TX 78664 512-341-3144 pdominguez@roundrocktexas.gov 16.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If M & C abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, M & C agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. M & C shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to- fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or 1). Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to M & C. B. In the event of any default by M & C, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to M & C. C. M & C has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to M & C, M & C shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, M & C shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay M & C that portion of the charges, if undisputed. The parties agree that M & C is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION M & C shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of M & C, or M & C agents, employees or subcontractors, in the performance of M & C obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or M & C (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES M & C, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 21.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to M & C: Mr. Ricky Masters M & C Electric, Inc. 9702 Brown Lane, C #305 Austin, TX 78754 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Z Stephen L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and M & C. 23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between M & C and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 25.01 DISPUTE RESOLUTION City and M & C hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 27.01 MISCELLANEOUS PROVISIONS Standard of Care: M & C represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. M & C understands and agrees that time is of the essence and that any failure of M & C to fulfill obligations for each portion of this Agreement within the 10 agreed timeframes will constitute a material breach of this Agreement. M & C shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to M & C failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor M & C shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and M & C have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: Date Signed: For City, Attest: By: Sara L. White, City Clerk For City, Approved as to Form: By: Stephan L. Sheets, City Attorney 11 M & C ELECTRIC, INC. By: Printed Name: IOA- ai of Title: C, - L c/t,, 177, Date Signed: 1,11z;113 Attachment A DATED: JULY 2011 �jROU ND ROCK. TEXAS ' Ili. YK!. f.UV[nlwY lR l CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the agreement or purchase order resulting from a response to the Solicitation/Specification, insurance against claims for iniuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of the solicitation by the successful respondent, its agents representatives volunteers employees or subcontractors. 1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City. 1.3.5. Policies shall include, but not be limited to, the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1:3:5:4: Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Agreement. 1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make 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 either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the solicitation specification and the insurance endorsements stated below. Page 1 of 4 -yJROUND ROCK. TEX V5 i�iaiYn:: main iim+�wnr DATED: JULY 2011 1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 1.5.3. Provide thirty days' notice to the City of cancellation, non -renewal, or material changes. 1.5.4. Remove all language on the certificate of insurance indicating: 1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 1.5.5. Provide for notice to the City at the addresses listed below by registered mail: 1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of the 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. 1.5.8. All copies of the Certificate of Insurance shall reference the project name, solicitation number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 78664-5299 Round Rock, TX 78664 2. WORKERS COMPENSATION INSURANCE 2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation 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. 2.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 2.2. Persons providing services on the project ("subcontractor") in Section 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 - Page 2 of 4 ~ROUND ROCK. TEXAS N"tP ! I'A�VII\14NMli DATED: JULY 2011 operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. 2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that 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. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the agreement. 2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (10) calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 2.9. 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 on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 3 of 4 f ROUND ROCK, TEXAS i__ 1'A 4(lti Nd)Y1MII DATED: JULY 2011 2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 2.10.3.1.2. 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 2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten (10) calendar 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 2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be provided to the person for whom they are providing services. 2.10.3.5. By signing the solicitation associated with the specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project wilt 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 be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the agreement void if the Contractor does not remedy the breach within ten (10) calendar days after receipt of notice of breach from the owner. Flage 4 of 4 Solicitation Number: g Solicitation Name: O UNIT OF MEASURE Q� i /> /77" rec'c�ric TiG, Business Name: Opening Date: a �Q Opening Time: Z G�vs 2 a Opening Location: C c.l /? i (tom ��7oss%rr1 Q %�6.Z Ln HOUR ,J ` ROUND ROCK TI AS BID FORM PURCHASING DEPARTMENT 221 E. Main Street- Round Rock, Texas 78664-5299 #13-017 Electrical Services March 12, 2013 On or Before 3:00 PM CST City of Round Rock City Hall 221 E. Main Street Round Rock, TX 78664 HOWDIDYOU HEARABOUTTHIS ❑ Newspaper ❑City's Website FIE -mall Announcement ❑ ESBOthey SOLICITATION? IS THIS THE FIRST IS YOUR BUSINESS TIME RESPONDING Yes ❑ No REGISTERED WITH ❑ Yes o Register at: roundrocktexas.gov/VendorCentral TO THE CIM VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION TaxlDNumber: UNIT OF MEASURE Unit Price i /> /77" rec'c�ric TiG, Business Name: '** Regular business hours are from Monday through Friday, 7:00 am to 6:00 pm. Address: MASTER ELECTRICIAN 1 G�vs Address: REGULAR HOURLY LABOR RATE: Contact: /? i (tom ��7oss%rr1 Telephone: %�6.Z Entity Type: HOUR U';Z, S D E-mail: Website: *** Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to HOWDIDYOU HEARABOUTTHIS ❑ Newspaper ❑City's Website FIE -mall Announcement ❑ ESBOthey SOLICITATION? IS THIS THE FIRST IS YOUR BUSINESS TIME RESPONDING Yes ❑ No REGISTERED WITH ❑ Yes o Register at: roundrocktexas.gov/VendorCentral TO THE CIM VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION QTY UNIT OF MEASURE Unit Price *** Laborrates paid shall be only for productive hours beginning and ending at the%ob site. *** Labor rates shall include all direct and indirect costs such as transportation and overhead. '** Regular business hours are from Monday through Friday, 7:00 am to 6:00 pm. 1 MASTER ELECTRICIAN 1 HOUR 2 Q62 REGULAR HOURLY LABOR RATE: 2 JOURNEYMAN ELECTRICIAN 1 HOUR U';Z, S D REGULAR HOURLY LABOR RATE: 3MINIMUM # HOURS (IF ANY): HOUR(S) *** Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (1 %z) times the regular hourly labor rate. 4 MASTER ELECTRICIAN 1 HOUR OVERTIME HOURLY LABOR RATE: EXHIBIT A 6 JOURNEYMAN ELECTRICIAN HOUR / ��' REGULAR HOURLY LABOR RATE:!' B PERCENTAGE (°%) MARKUP (IF ANY): >�' °/a Part 2: Additional Information Gw CONTACT INFORMATION: Indicate a contact person and telephone number fornormal working hours/ service calls Designated Contact Person: lCV�4SY'N�'S Phone # EXPERIENCE: indicate the number of years your firm has been In business: X Indicate the number of Electricians that will be designated to the City and their total number of years' experience: 177e" G/S y,,s r Note: Contractor shall not sublet any work out to a third party. Contractor shall provide background checks and proof of right work In the United States for all employees designated to the City priorto commencement of work. By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting forsuch entity has violated the antitrust taws of this State, codified in Section W01 at seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or Indirectly, the response made to any oompelltor or any other person engaged In such line of business. Further, by signing and submitting this response the Respondent acknowledges: That they have read and fully understand the solicitation and accept all terns and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity. The agreement, or purchase order resulting_ from this solioitafion may qualify far Inter -local or Cooperative Contracting (Piggybacking) per the terms outlined in Pad of this solicitation. Ifappligtile, do you agree to `piggyback' purchasing frem oilier gdvernmedfaT gencies� X14 Response shall include one (1) signed original and five (5) copies of response. Printed Name Authorized nature Date Failure to sign response will disqualify response. SOLICFATION NUMGM 13-016 SPECIFKATION NUMBER. 13810$2,13914-M ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: lY-` 6?/ RESPONDENT'S NAME:/T7 - 4r� �. DATE: -?/ /Z Provide the name, address, E-mail address, telephone number and point of contact of at least three (3) Municipal and/or Government agencies or firms of similar size and scope that have utilized similar service within the past two (2) years. City of Round Rock references -are not applicable. References -may be checked prior to award. Any negative responses received may result In disqualification of solicitation. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2• Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number (I } 90061—�Sr1 Fax Number. SlZ)/S,2 -D73/ Fax Number. ( s'/Z ) Vf-;Z— BOO Fax Number. ( f2 ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 12 of 12 ACC>K0 CERTIFICATE OF LIABILITY INSURANCE DATTEwwDDmrYYI TYPEOFWSIINUiCE 11/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER: IMPORTANT: ff the Certificate holder is an AD017IONAL INSURED, the pollcy(tes) must be endorsed. If SUBROdATION 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 endorsements . PRODUCER Evans, Ewan &Brady Ins 2404 Wifiams Drive Georgetown TX 78628 Georgetown ^CT JanetTurbett CNE (512) 869-1511 Fax ti63 5504 -_(512) Janet®eebins.com 11/15/2013 EACI Cd1RRBECE 1,000,000 INSMR .SERVICE LLOYDS INS CO INSURED Cfndnnsti Insurance Companies 8565 INSURERC., M & C Electric Inc 9701 Brown lane C#305 Austin TX 78759- su RD: INSUME: IMMIRFM F! COVERAGMS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING 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 POLIOES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ;NSR1 TYPEOFWSIINUiCE AWL SUSR POUCYEFF UCYEXP EFRIS B DENERALLIABILITY X COMMERC;ALOENERALUABILITY --- CLAWS -MADE MOCCM X P15 OE:D $500 / Claim ENP 016 52 91 1/1512012 11/15/2013 EACI Cd1RRBECE 1,000,000 DANI TOREMED S 5001000 10,000 2gB20&&A0VVQURY S 1,000,000 AGGREGATE a 2,000,000 G—M AGORE_GQE UNIT XSP PER: PRO.POW. 94M 1 1 LOCg S 2,000,000 B AtITUMOBILEUAOILRY ANYAUM D -- SWAUTtMED Ix X AUTOS EBA 016 52 91 11/152012 1111512018 CONSItEDSIN(MUlUrr s 1,000,000 BODILY IN.NRY ex PMM)"� SODII.Y N,AM IPa-CWWt) SF6tiEDAU;09 PROPEWDAMAOE S S B X UkWMtALIABX EXCESS LIAa O� BADE ENP 016 52 91 11/1512012 111152013 EACH cccL tENCE S 1,000,000 ACAMGATE S i,0001000 X A wowmRs COMPENSATION AND EMPLOYERY LMBILPY YIK . ANYPROPRIErOraPARTNEREXECUTIVE OF}Z�BABEREtq,UDEW (N4naomrylaaNt N d '.-A7 %1.ATft)t1s Wow Ria SRZC21178-12 1110112012 11/01/2013 X wwSTaTI;- oTI4 EL. EACH ACCOENr . .. 1,BOO,000 1,000,000 I 11000,000 DESCRIPTIONOFOPERAMONSILOCATIONS IVEHtCLES (ANachACORD1at,Add{tkmAPttmftSchedu4&,NnamspacebregtdreM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 6XPiRATI0N DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVIMONS. TX 77017- AUTHOAMMREPRESM"AIM - Far (713)947-0667 ®1988-2010ACOND CORPORATION. All rights reserved. ACORD 25 (2010106) The ACORD name and toga are registered marks of ACORD SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 CITY OF ROUND ROCK INVITATION FOR BID ELECTRICAL SERVICES PART I GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to enter into an agreement with a qualified Individual, Firm, or Corporation, to provide Electrical Services for various City facilities. The City intends to award one primary contract and one secondary contract based on the best value for the City. The Secondary Successful Respondent, herein after "Secondary Contractor" will be used if the Primary Successful Respondent, herein after "Primary Contractor" cannot provide the service within the requested timeframe. 2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions; Terms and Conditions can be obtained from the City's website hftp:/Iwww.roundrockiexas.gov/homelindex.asp?paqe=463. 2.1. Any acceptance to or additional terms and conditions attached to the response will not be considered unless Respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in disqualification of the response. 2.2. Respondent - an individual or business enterprise that submits a response to a solicitation for goods, equipment, labor and/or services to the City. 2.3. Contractor - an individual or business enterprise under contractual obligation arising from an agreement or purchase order, which furnishes goods, equipment, labor and/or services to the City. Also known as Vendor or Awarded Vendor. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements as identified on the City's website at liftp://Www.roundrocktexas.gov/home/index.asp?page=463. 4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: 4.1. Attachment A: Respondent's Reference Sheet 4.2. Attachment B: Bid/Price Sheet 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Deborah Knutson, CPPB Purchasing Department City of Round Rock Telephone: 512-218-5456 dknutson@roundrocktexas.gov The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or 1of12 90WITATiON NUMBER 13016 SPECIFICATION NUMBER 13-910-82,13-914-38 alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 6.3. Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal and/or Government agencies or firms of similar size and scope that have utilized similar service within the past two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. (See Attachment A provided). E -Mail addresses are required. 7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider. 7.1. Purchase price; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 8. AGREEMENT TERM: 8.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 8.2. The City reserves the right to review the Contractor's performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 8.3. If the Contractor fails to perform its duties in a reasonable and competent manner, the City shall give written notice the Contractor of the deficiencies and the Contractor shall have thirty (30) days to correct such deficiencies. If the Contractor fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the Contractor written notice of termination and the reason for the termination. 8.4. If the agreement is terminated, for any reason, the Contractor shall tum over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 9. PRICE INCREASE: OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 2of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 9.1. To the extent applicable to this solicitation the Contractor may submit a request for pricing adjustment subject to approval by the City. The request must show just -cause substantiating an adjustment in the form of an affidavit or certified statement from a supplier documenting the reason for increase. The requested adjustment must be for goods or services and may in no way represent an increase in the Contractor's overhead. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Contractor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by supplier's documents and make change to the purchase order within thirty (30) days of the request, negotiate with the Contractor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split award, primary and secondary award, non -award, or use any combination that best . serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.roundrocktexas.gov/home/index.asp?page=463. 11. ACCEPTANCE: Acceptance inspection and tests should not take more than five (5) working days. The Contractor will be notified within this time frame if the goods delivered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the Contractor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 3of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving the Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's agreements, with the consent and agreement of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released February 23, 2013 1.2. Deadline for questions March 5, 2013 1.3. City responses to all questions or addendums March 7, 2013 1.4. Responses for solicitation due by 3:00 PM March 12, 2013 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART II, Paragraph 1, sub -paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.gov/home/index.asp?paqe=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date noted above to the Purchasing Department_ Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 2.3. Facsimile or electronically transmitted responses are not acceptable. 2.4. Late responses will be returned to Respondent unopened if return address is provided. 4 of. 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 2.5. Responses cannot be altered or amended after opening. 2.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 2.7. The City will not be bound by any oral statement or offer made contrary to the written specifications 3. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://Www.roundrocktexas.gov/home/index.asp?paqe=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to: 4.1. City contact(s) information for implementation of agreement; 4.2. Agreement terms and conditions; 4.3. Identification of specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS 1. HISTORY: The City has approximately forty six (46) facilities to maintain. Facilities maintained consist of both commercial and residential structures, including but not limited to emergency response and office buildings. 1.1. City facilities are under the supervision of the City's authorized and designated representative herein after "Facilities Manager": Pete Dominguez, Facilities Manager Phone #: 512-341-3144 2. SCOPE OF WORK: The Contractor shall provide on-site electrical services for various City -owned or occupied locations on an as needed basis. Work may be performed on the exterior or interior of buildings. The awarded contract will cover projects for the City up to $ 15,000.00. Only services meeting the specifications herein will be accepted. The Contractor shall: 2.1. Provide all personnel, equipment, tools, materials, supervision, labor and other items and services to perform maintenance, repair, renovations, installation or alteration of electrical systems including power, lighting, electrical related fixtures and any other components per drawings and specifications which will be provided by the Facilities Manager; 2.2. Not perform services without prior authorization from the Facilities Manager; 2.3. Be available for any and all electrical work required by the City. The Contractor shall have an organization proficient in carrying out multiple projects simultaneously for emergency and non -emergency calls. 2.4. Notify the Facilities Manager if during the course of work the Contractor experiences a conflict with the plans/scope of work or the NEC (National Electrical Code), before proceeding with said work. 5of12 SOLICITATION NUMBED 13-016 SPECIFICATION NUMBER 13-910-82, 13,914-38 3. DISTANCE REQUIREMENT: In order to assure the City does not encounter delays in emergency and regular service, shipping or other unforeseen problems that can occur with out of area Vendors, Respondent shall be located within thirty five (35) miles from Round Rock, Texas. 4. WORKMANSHIP: Only the highest quality of work shall be performed and all materials fumished in carrying out this agreement shall be new and of character and quality as required by the project specifications. Where no standard is specified, for such work or materials, they shall be the best of their respective trade and be compliant with all applicable code requirements. The Contractor shall: 4.1. Provide only new materials and parts for all projects unless pre -approved by the Facilities Manager, 4.2. At the conclusion of the project, demonstrate to the Facilities Manager that the work is fully operational and in compliance with contract specifications and codes. Any unsatisfactory work done or materials furnished at whatever time they may be discovered shall be promptly and permanently corrected at the sole expense of the Contractor prior to final acceptance of work when notified to do so by the Facilities Manager; 4.3. At all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Contractor's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations. 5. WORKFORCE: Contractor and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations. The Contractor shall: 5.1. Employ alt personnel for work in accordance- with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States; 5.2. Provide background checks on all employees assigned to a project prior to commencement of work to the Facilities Manager; 5.3. Assign to the City only courteous, neat, orderly and competent workers, skilled in the performance of the services which they shall perform under the Agreement; 5.4. Require all employees to wear City issued badges in a visible manner at all times while on City property. Upon approval, the Facilities Manager shall provide site access to the Contractor and all required personnel. 6. ELECTRICIAN / ELECTRICAL CONTRACTOR REQUIREMENTS: The following contains the minimum requirements and experience for electrical services required by the City. The Electrician / Electrical Contractor herein after "Contractor" shall ensure that all personnel are skilled and qualified to perform the services as requested. The Contractor shall: 6.1. Be licensed to perform electrical work as required by the Texas Department of Licensing and Regulation by either holding a license as a Master Electrician or be licensed as an Electrical Contractor, and employ a Master Electrician. 6.1.1. Master Electrician shall have at least five (5) years' experience with a minimum of three (3) years' commercial experience. 6.1.2. If a Journeyman Electrician is employed and will be assigned to any City projects, the Journeyman Electrician shall have at least three (3) years' experience with a minimum of two (2) years' commercial experience. All work performed by the Journeyman Electrician shall be inspected and approved by the Contractor's Master Electrician. 6of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-91438 6.2. Perform functions that include but not be limited to: adding additional circuits, replacing panels and sub -panels, adding dedicated lines and grounds, and replacing motors, and other electrical work as described by the Facilities Manager; 6.3. Have access to and have a working knowledge of all the tools and equipment used to install and perform electrical repairs; 6.4. Be able to work unsupervised and run a crew; 7. DESIGNATED PERSONNEL: In order to maintain consistent standards of quality work performed across the City, the Contractor shall identify and designate crew leader, crew and point of contact for City projects. 7.1. Respondent shall indicate on- the Bid/Price sheet the Respondents Designated- Contact - Person's name and telephone number. 7.2. Contractor shall provide to the Facilities Manager a personnel list of the Designated Crew Leader/Supervisor and Crew before work commences. 7.3. Said contact person, crew leader/supervisor and crew shall remain the same throughout the term of the contract or upon termination of the employee. If a change has been made in the personnel list due to termination, the Facilities Manager shall be notified by the Contractor immediately at the time of the change. NO substitutions of key personnel shall be permitted without written approval of the Facilities Manager. 8. SCHEDULING / RESPONSE TIME: All work shall be scheduled at the convenience of the City as not to interfere with the City's conduct of business. Man hours paid under this contract shall be only for productive hours beginning and ending at the job site. Response times shall be as follows: 8:1. Efon-Emergency Service Calls: Regular business hdurs shall be frdm 7:00 AM W 6:00 PM, Monday through Friday (excluding weekends and holidays). 8.1.1. Contractor shall provide a written estimate within twenty four (24) hours, if the job is simple and small enough that it does not require site verification or site visit. If the job is more complicated or requires site verification or site visit, the Contractor shall respond and provide a written estimate within forty eight (48) hours. 8.1.2. All work shall begin within five (5) days of the original request, 8.2. Emergency Service Calls: If the Primary Contractor cannot meet the City's need for the emergency request the City will then contact the Secondary Contractor. The City reserves the right to contract with any contractor in the case of an emergency, and no response or untimely response has been made with either the Primary or Secondary Contractors. Contractor shall: 8.2.1. Respond to emergency calls within two (2) hours after the request is placed. 8.2.2. Be on site at the location of required service within four (4) hours after notification by the City. 8.2.3. Provide a twenty four (24) hour emergency contact phone number. For emergency calls, outside regular business hours a voice mail paging system is acceptable on the condition that a call back is initiated within thirty (30) minutes from the time that the page is placed. 9. WORK HOURS: 9.1. Regular business hours are from 7:00 am to 6:00 pm, Monday through Friday (excluding weekends and holidays). 9.2. Overtime hours consist of hours outside the City's regular business hours, weekends, and holidays, Overtime pay will be allowed by the City; only upon approval of the Facilities 7of12 SOLICITATION NUMBER 13.016 SPECIFICATION NUMBER 13-910-82,13-914-38 Manager in advance of work. Overtime work shall be based on the rate of regular labor not to exceed one and one half (1 '/z) times the fixed hourly rate for the tradesman performing the service. 9.3. City Holidays include: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Eve and Christmas Day. 9.4. Emergency Calls: Contractor shall only respond to emergency calls placed by the Facilities Manager or an assigned authorized representative. 10. SUBCONTRACTORS: Contractor shall not sublet anV work out to a third party. The City seeks to do business directly with a skilled Electrician who will remain on site for the duration of each project or assign a designated, skilled Electrician on staff to be the City's primary point of contact. 11. WORKER'S COMPENSATION INSURANCE: The Texas Labor Code, Section 406 — 098 requires worker's compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. The Texas Workers' Compensation statues can be obtained from the Texas Department of Insurance website at htip://www.tdi.texas.gov/index.htmi. 11.1. A copy of the Contractor's Certificate of Workers' Compensation Insurance shall be submitted prior to approval of contract. 11.2. A copy of the Respondent's declaration page showing that they carry Workers' Compensation Insurance shall be furnished with the Respondent's solicitation response. 12. SAFETY: The Contractor and their respective employees are required and shall comply with all Occupational Safety and Health Administration (OSHA) state and city safety and occupational health standards and any other applicable federal, state, and local health, safety and environmental laws, ordinances, rules and regulations in the performance of the services. All Contractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under the awarded contract. In cases of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. 12.1. Material Safety Data Sheets: Contractor shall be required to have in their possession at the location of each project and available upon request, material safety data sheets applicable to hazardous substances being used. 13. SERVICE / REPAIR PARTS: At the time the City calls for service, and the Contractor determines a location needs repairs: 13.1. Eighty five percent (85%) of all parts shall be on-site within twenty four (24) business hours; 13.2. All remaining parts shall be normally on-site within forty eight (48) hours; 13.3. Contractor shall guarantee all parts provided to the City for sixty (60) days; 13.4. The Facilities Manager shall be consulted when it is determined major components are in need of replacement. A major component shall be considered any single item or part whose estimated cost is in excess of $ 500.00. 14. DELIVERY AND STORAGE: It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The City will not assume any responsibility for receiving these shipments. The Contractor shall verify with the Facilities Manager and make necessary arrangements for security and storage space in the building during installation. 8of12 SOUCITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 15. WARRANTY: Contractor shall provide a one (1) year warranty on all workmanship and parts Including but not limited to manufacturer's warranty, workmanship defects, and installation. All warranty work shall be completed within five (5) working days from notice of defect. 16. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. 16.1. Bids shall not exceed 10% waste expectation on all quantities. 17. PERMITS: Contractor shall obtain all necessary permits or licenses for inspections, tests, and other services required for completion of work. Inspections shall be scheduled through the Facilities Manager. The City of Round Rock's permit fees shall ba waived. 18. DAMAGE: Contractor shall be responsible for damage to the City's equipment and or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. 19. ESTIMATES: Contractor shall provide a non-binding written "Not to Exceed" estimate on all projects at no charge to the City. It is the Contractor's responsibility to ensure that all information is complete to provide an accurate estimate. Contractor shall respond with a written estimate (see PART III, Paragraph 8 for response time). Estimates shall include: 19.1. Department name and location of the project; 19.2. Contractor's designated contact name, telephone number and license number; 19.3. Breakdown of Labor costs (Number of workers, hourly rate) Note: Contractor shall submit a total hourly and overtime rate price for labor that includes, but not be limited to, all costs for labor, overhead charges, travel, transportation, and payroll expenses. 19.4. Materials (Detailed description, quantity, unit price and extended price amounts) Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 19.5. Cost of Equipment rented to complete project; 19.6. Total Cost (Labor and materials); 19.7. Description specifying work to be done; 19.8. Time projected to complete the project / anticipated completion date. 20. REPAIR REPORTS: Contractor shall upon completion of any preventative maintenance, repair work or installation, provide a repair report to the Facilities Manager. At a minimum the repair report shall include: 20.1. Contractor's designated contact name, telephone number and license number; 20.2. Date and time repair request was received; 20.3. Location of the work site; 20.4. Date and time of arrival to and departure from the worksite (note: man hours paid under this contract shall be only for productive hours beginning and ending at the job site); 20.5. Time spent for repair / maintenance / installation; 20.6. A detailed statement as to the condition of the serviced, repaired or installed equipment; 20.7. Any problems identified and any corrective action taken; 20.8. Any materials or parts used including equipment rented and back ordered parts. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal-, 9of12 SOLICITATION NUMBER 13.016 SPECIFICATION NUMBER 13-910-82,13-914-38 20.9. A detailed description of all the completed repair work certifying the location is in working order, which shall be signed by the Facilities Manager at the time the work is completed. Note: Unforeseen or unknown repairs will be mutually agreed upon by the Contractor and the Facilities Manager. The Contractor shall submit a written estimate for the extra work on a time and materials basis using contract pricing. 21. SERVICE RECORDS: In addition to the repair report(s), Contractor shall maintain a complete record of all service performed on each location, including all parts replaced. All service records and all test results shall be furnished to the Facilities Manager for review upon request. 22. INVOICE REQUIREMENTS: The Contractor, upon completion of each service, shall address invoices to the City as follows: 22.1. Repair Work: The total hourly and overtime rale price for labor shall include costs of labor, overhead charges, travel, tools and equipment necessary to complete the work, transportation, and payroll expenses. Parts and materials shall be billed separately. Man hours paid under this contract shall be only for productive hours beginning and ending at the job site; 22.2. Parts and materials: The cost of parts and materials shall be listed separately from labor. A maximum percentage markup, as indicated on line item # 6 of the Bid/Price sheet, will be allowed for material that the Contractor has to purchase and re -bill. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 22.3. Cost of Equipment rented to complete project; 22.4. The Contractor may submit the Repair Report (See PART III, Paragraph 20) as an invoice by modifying it if necessary so that all required invoicing information is contained within the repair report. 22.5. Payment will be issued in compliance with the Prompt Payment Policy (See PART 1, Paragraph 12). Any advancement for parts or supplies will not be permitted. PART IV RESPONSE REQUIREMENTS The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation. Respondent shall submit one (1) executed (signed) original and five (6) copies of each response. For your bid to be responsive; alt required attachments identified below shall be submitted with your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City unless the Respondent provides a return envelope and postage. 1. Attachment A: Reference sheet shall include the name, address, active telephone number and valid e-mail address of at least three (3) Municipal and/or Government agencies or firms of similar size and scope that have utilized similar services within the past two (2) years. 2. Attachment B: Responses shall be submitted on itemized, signed Solicitation Bid/Price sheet provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of 10 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-3B responses on forms other that the City's Solicitation Document may result in disqualification of the response. In the event of errors in extension pricing, unit prices shall govern. 3. A copy of the Respondent's declaration page showing that they carry Workers' Compensation Insurance shall be furnished with the Respondent's solicitation response. 4. The Respondent shall be licensed to perform electrical work as required by the State of Texas. Respondent shall submit a copy of the license with their solicitation response (see PART III, Paragraph 6). 5. Any other Certifications, Licenses or Memberships to Professional Associations including but not limited to Job Order Contracting (State Certification), or other specialized Licenses or Certifications can be submitted with the response for review and may be considered as value added benefits. The following items shall be made available upon request by the City prior to award and the approval of any contract: 1. A copy of the Primary and Secondary Contractor's Certificate of Workers' Compensation Insurance shall be submitted prior to approval of contract. 2. Proof of citizenship or right to work in the United States and background checks shall be provided for all employees assigned to work in and on any City property prior to commencement of work to the Facilities Manager. CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the- response can be shown- to be exempt from - the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances. • Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. • If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 11 of 112 ACCPRff CERTIFICATE OF LIABILITY INSURANCED TE(MM2013 ) 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- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Evans, Ewan & Brady Ins 2404 Williams Drive Georgetown TX 78628 CONTACT Janet Turbett _ PHONEFAx .4A/TNo,Ext) (512) 869-1511 �(512) 863-5504 E DARESs Janet@eebins.com INSURER(S) AFFORDING COVERAGE NAIC # 11/15/2012 11/15/2013 -IN-SURER-A-:-SERVICE LLOYDS INS CO DAMAGE TO RENTED S 500,000 SES (Ea�cwsencej INSURED INSURERB.CIncinnatl Insurance Companies 28665 INSURER C: M & C Electric Inc INSURER D: 9701 Brown Lane C#305 Austin TX 78754 - IN URER E COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- INSR TYPE OF INSURANCE ADDL SUBR POLICY N MBER POLICY EFF POLICY EXP LIMITS B GENERAL LIABILITY ENP 016 52 91 11/15/2012 11/15/2013 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED S 500,000 SES (Ea�cwsencej X COMMERCIAL GENERAL LIABILITY � CLAIMS -MADE 1__ J OCCUR MED EXP -(Any one person)_ 5 -- _ _ 10.000 X PD OED $500 / Claim. PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG S 2,000,000 S POUCY X PRO LOC B AUTOMOBILE LIABILITY EBA 016 52 91 11/15/2012 111/15/2013 COMBINED SINGLE LIMIT 1 000 000 BODILY INJURY (Per person) S ANYAUTO IX ALLOWNED SCHEDULED AUTOS AUTOS BODILYINJURY(Peraccident) S PROPERTY DAMAGE S ccideno HIRED AUTOS X NON -OWNED AUTOSS 1 B X I UMBRELLA LIAB X OCCUR ENP 016 52 91 11/15/2012 11/15/2013 S 1,000,000 S1,000,000 EXCESS LIAR CLAIMS -MADE DED RETENTION S X 01 WEACHOCCURRENCE s A WORKERS COMPENSATION SRZC21178-12 11/01/2012 .11/01/2013 OTH. AND EMPLOYERS' LIABILITY YIN1,000,000 ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (MandatoryinNH) NIA NT S _ — — — E.L. DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under R P F below E -L. DISEASE - POLICY LIMIT S 1,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it mom space is required) Solicitation Number: #12-034 Solicitation Name: Aggregate Materials The General Liability policy includes a blanket automatic additional insured endorsement providing additional insured status to any person or organization if there is a valid written contract requiring such per forms GA2330207. General Liability endorsement GA2330207 includes "Primary and NonContributory" wording. A request to add a 30 Day Notice of Cancellation provision in favor of the certificate holder has been requested from the issuing companies. GEKIIFIGAIh HULDEK GANCELLATIUN HI VJ04JU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Round Rock TX 78664-5299 AUTHORIZED REPRESENTATIVE Fax: ( ) - @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................. 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You................................................................................................... 8 4. Supplementary Payments................................................................................................................... 9 5. Medical Payments................................................................................................................................ 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.)......................................................................................................... 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations.................................................. 10 8. Waiver of Subrogation....................................................................................................................... 10 9. Automatic Additional Insured - Specified Relationships: ................................................................ 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and • Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property ......................................... 14 11. Property Damage to Borrowed Equipment....................................................................................... 14 12. Employees as Insureds - Specified Health Care Services: ............................................................ 14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM have used up the ap- (a) Area (For Limits in Excess of (b) Payroll (For Limits in Excess of a. The following is added to SECTION I (c) Gross Sales $5,000) $5,000) ments. (d) Units No other obligation or liabil- (1) Insuring Agreement e Other b. Care, Custody (a) We will pay those sums that $ or Control under Supplementary Pay - obligated to pay as dam- TOTAL ANNUAL PREMIUM ages caused by any act, er- ror or omission of the in- 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- 1. Employee Benefit Liability Coverage plicable limit of insur- ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments, ages caused by any act, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- administration of your plies. We will have the right employee benefit pro - and duty to defend the in- gram"; and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a You did not have ) Youdiknowledge report of an act, error or of a omission and settle any claim claim o "suit" on on claim or "suit" that may re- before the a ef- r beive sult. But: f date this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 Damages arising out of fail- i) Reports all, or formance of investment Taxes, fines or penalties, any part, of the vehicles; or (d) Insufficiency of Funds act, error or omission to us 3) Advice given to any Code or any similar state or or any other person with respect to insufficiency of funds to insurer; that person's decision Practices any plan included in the to participate or not to employee benefit pro- ii) Receives a participate in any plan any: written or ver- included in the "em- ance of Investment / Ad- bal demand or ployee benefit pro- (2) Termination of em - claim for dam- gram". Any claim based upon: ages because of the act, er- (f) Workers' Compensation evaluation, reassign- ror or omis- and Similar Laws ment to perform; sion; and Any claim arising out of humiliation, discrimina- b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of liability imposed on a fiduci- Bodily injury", property ary by the Employee Re - damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason - including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment -Related meet any obligations under Practices any plan included in the employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em - to Participation ployment; Any claim based upon: (3) Coercion, demotion, evaluation, reassign- 1 Failure of an invest- ) Y ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION 11 - WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1) If you are designated in the Declarations as: (a) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program". (b) Any persons, organizations or "employees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages (c) Persons or organizations sustained by any one "em - making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all against any suits' damages because of acts, er- seeking those dam - rors or omissions negligently "administra- committed in the tion" of your "employee benefit 2) Your duties, and the program". duties of any other in - (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon notification of the action (a) An act, error or omission; or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as we have paid. less of the amount of time that lapses between such d. Additional Conditions acts, errors or omissions, i- As respects Employee Benefit Li- ne li entl committed in the negligently g 9 y ability Coverage, SECTION IV - administration of your em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit (4) Deductible Amount a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no - amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. d. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs'; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 GA 233 02 07 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- a. Handling payroll de- grams; leave of ab - ductions; or sence programs, in- cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re - benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. Cafeteria plans' means ceeding in which money damages because of an plan authorized by applica- act error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams means a program and to which the in - providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro- a. Grouplife insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who ordisabld for satisfy the plans eligi- retired.fBence bility requirements; cludes a "leased worker". "Employee" does not in - b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex - pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through q. do not apply secretions, by in - sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow - b. The insurance provided under SEC- mg. TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2 Water that backs u or ) P overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3 ) Water under the ground surface press - The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat - 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; 1) You did your best to b Rust, corrosion, maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting 5. from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COW ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II - WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the productmade intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un - half of such additional less unpacked insured. solely for the pur- (b) Any person or organization pose of inspection, demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in - 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under - (c) Any person or organization takes to make in the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily injury" or g) Products which, after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 GA 233 02 07 companying or 2) This insurance does containing such not apply to "bodily in - products; or jury", °property dam- b) When liability in- age" or "personal and advertising injury" aris- cluded within the 'products- ing out of operations performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- (d) Any state or political subdi- ability arising out of "your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex - issued a permit in connec- piration date of this Cover - tion with premises you own, age Part. If there is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated g sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury" or "property damage" 2) The construction, erec- included within the "prod - tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by bodily injury", property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1) Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- tectural or engi- tional insured, and such 9 , or other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- insurance policy that is cluding: (b) Any insurance provided by primecontractor-project this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, cess. shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an LIMITS OF INSURANCE is amended additional insured by 3 "Your work" for which a attachment of an en - consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse - in which you are in- ment shall also be ex - volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or Agreement The limits applicable to the additional insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para - the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of - addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for "your contract or agreement, this work'; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply- 10. p- ply 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION 11 - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15 City of Round Rock AROUND ROCK'fEXAS flIRPOSE RlS40R PROSPFAITY Agenda Item Summary Agenda Number: E.5 Title: Consider a resolution authorizing the Mayor to execute a City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Electrical Trade) from M&C Electric, Inc. Type: Resolution Governing Body: City Council Agenda Date: 6/27/2013 Dept Director: Chad McDowell, General Services Director Cost: $0.00 Indexes: Attachments: Resolution, Exhibit A Text of Legislative File 13-444 On March 12, 2013 Purchasing and General Services sent out an invitation for bid on different trades agreements to provide on-site services. The City has selected a primary and secondary contractor based on the best value. This agreement is per contractor and will be a not to exceed $15,000 per job trade. This agreement does not obligate the City to spend any money until services are needed. It only establishes a set price for each trade for the five year period. When there comes a time we need to utilize the trade, funds will be allocated through General Service's maintenance fund. The City has 626,000 square foot of facilities that we are currently maintaining, by approving this contract you will be helping our facilities department keep our buildings to a class A facility. Staff recommends approval City of Round Rock Page 1 Printed on 612512013 � J � � z LLJ O x � o � o w o CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (ELECTRICAL TRADE) FROM M & C ELECTRIC, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for on-site services in the nature of general building construction trades services (electrical) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and for related goods And services, referred to he ein as the "Agreement," is made and entered into on this the day of the month of , 2013, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and M & C ELECTRIC, INC., whose address is 9701 Brown Lane, C #305, Austin, Texas 78754, referred to herein as "M & C." This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase certain on-site services- in the nature of general building construction trades services (electrical) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and associated goods and services, and City desires to purchase same from M & C; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by M & C; and WHEREAS, City issued the aforementioned "Invitation for Bid" erroneously labeled Solicitation Number 13-016, the correct Solicitation Number being 13-017, as the same was indicated on M & C's response to said Invitation for Bid, and any all references in this Agreement to the Invitation for Bid shall refer to the correct Solicitation Number 13-017. WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 00273202.doc/jmr 12/ (';, -0 j -,2,1 --.CG 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and M & C whereby City is obligated to buy specified services and M & C is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 13-017, Specification Number 13-910-82 and 13-910-38; (b) M & C's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) M & C's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. M & C means M & C Electric, Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive- terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided M & C has performed each and every contractual obligation specified in this original Agreement. C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but 2 not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit `unit price" adjustments upwards only in accordance with Part 1, Item 9 of City's Invitation for Bid included as a part of Exhibit "A," attached hereto and incorporated herein by reference for all purposes. Any price increase shall be requested by M & C in writing and accompanied by the appropriate documentation to justify the requested increase. M & C may offer price decreases at any time and in excess of any allowable percentage changes. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected M & C to supply the services as outlined in IFB Solicitation Number 13- 017, Specification Number 13-910-82 and 13-914-38; and Response to IFB submitted by M & C, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by M & C in its Response to the IFB. The services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in Rill. 4.01 INITIAL RESORT TO PRIMARY PROVIDER, AND SUBSEQUENT RESORT TO SECONDARY PROVIDER; MANDATES FOR PROVISION OF GOODS AND SERVICES A. Initial Resort to Primary Provider, and Subseauent Resort to Secondary Provider. The parties specifically acknowledge and agree as follows: M & C shall be considered as one of two providers of the specified goods and services, and shall be considered the primary provider. City may, in its sole and unfettered discretion, elect to seek goods from either one of the two providers. Should the primary provider contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event the remaining provider may be considered "best value" and be contacted to provide the goods as a secondary provider. M & C specifically further acknowledges and agrees as follows: This Agreement is not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use either of the two providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. 3 B. Mandates for Provision of Goods and Services — Emereencv Service Calls. M & C specifically further acknowledges and agrees as follows: M & C shall maintain regular business hours from 7:00 am to 6:00 pm Monday through Friday, and shall be available for emergency service calls on a 24/7 basis with a maximum two (2) hour response time. M & C shall provide City with a 24-hour emergency contact telephone number connected with, at minimum, a voice mail paging system outside of regular business hours. City shall make a notification call to M & C by telephone with emergency instructions when City has designated an emeMencv service call situation. In the event that M & C does not answer the telephone and/or return City's notification voicemail within thirty (30) minutes of initial placement of call, then and in that event City may contact and place the order with the secondary provider as provided above. Non -answer of notification call- may result in City declaring M & C to be non-compliant with the order and under this Agreement; non -returned voicemail within thirty (30) minutes may result in City declaring M & C to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non- compliance as delineated herein within a period of six (6) consecutive months. Repeated non- compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in per• When City has notified M & C of an emergency service call situation. M & C shall have trained personnel on-site within two (2) hours of City's notification. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframe specified in this Agreement, then and in that event M & C may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods and services elsewhere from the remaining provider or from a different source. Mandates for Provision of Goods and Services — Non-Emenzency Service Calls. M & C specifically further acknowledges and agrees as follows: City shall make a notification call to M & C by telephone with non -emergency instructions when City has designated a non -emergency service call situation. In the event that M & C does not answer the telephone and/or return City's notification voicemail within twenty- four (24) hours of initial placement of call by City, and provide a written estimate within forty- eight (48) hours of initial placement of call by City, and guarantee that work will be initiated within five (5) days of City's initial request, then and in that event City may contact and place the order with the secondary provider as provided above. Non -answer of notification call may result in City declaring M & C to be non-compliant with the order and under this Agreement; non -returned voicemail within twenty-four (24) hours may result in City declaring M & C to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. 4 Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has designated a non -emergency service call situation, M & C shall fulfill in full the non -emergency order within the dates and times specified by City. Driving distance from City's location to M & C shall not exceed 35 miles. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframes specified in this Agreement, then and in that event M & C may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from the remaining provider or from a different source. 5.01 ITEMS AWARDED Only if, as, and when needed by City, building construction trades services (electrical) services are awarded to M & C in accordance with bid items #1 through and including #6 shown on Exhibit "A," as follows: Master Electrician Regular Hourly Labor Rate Overtime Hourly Labor Rate Journeyman Electrician Regular Hourly Labor Rate Overtime Hourly Labor Rate Percentage Markup 6.01 COSTS $53.00 (2 minimum hours) $79.50 (no minimum hours) $47.50 (2 minimum hours) $71.25 (no minimum hours) 12.5% M & C specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services, and City may not expend in excess of $15,000.00 in payment of such services per single job performed during the initial term of this Agreement. Only if, as, and when needed by City, the bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by M & C. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of M & C; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 5 8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 9.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving M & C a written notice of termination at the end of its then -current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to M & C will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. M & C may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and M & C, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between M & C and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 11.01 GRATUITIES AND BRIBES City may, by written notice to M & C, cancel this Agreement without incurring any liability to M & C if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by M & C or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, M & C may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in M & C charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If M & C cannot provide the services as specified, City reserves the right and option to obtain same from another source or supplier(s). 14.01 INSURANCE M & C shall meet all requirements as stated in the attached IFB Solicitation Number 13- 017 (including all attachments and exhibits), Attachment A, hereto, and its bid response. 15.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Pete Dominguez, Facilities Manager City of Round Rock 212 Commerce Cove Round Rock, TX 78664 512-341-3144 pdominguez@roundrocktexas.gov 16.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the 7 reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If M & C abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, M & C agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. M & C shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to- fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to M & C. B. In the event of any default by M & C, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to M & C. C. M & C has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to M & C, M & C shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, M & C shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay M & C that portion of the charges, if undisputed. The parties agree that M & C is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION M & C shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of M & C, or M & C agents, employees or subcontractors, in the performance of M & C obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or M & C (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES M & C, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 21.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 NOTICES Alt notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to M & C: Mr. Ricky Masters M & C Electric, Inc. 9702 Brown Lane, C #305 Austin, TX 78754 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO Round Rock, TX 78664 6 Stephen L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and M & C. 23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between M & C and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 25.01 DISPUTE RESOLUTION City and M & C hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 27.01 MISCELLANEOUS PROVISIONS Standard of Care. M & C represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. M & C understands and agrees that time is of the essence and that any failure of M & C to fulfill obligations for each portion of this Agreement within the 10 agreed timeframes will constitute a material breach of this Agreement. M & C shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to M & C failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor M & C shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and M & C have executed this Agreement on the dates indicated. City of Ro ndRock, Texas M & C ELECTRIC, INC. By: / By: Printed Name: 5 Printed Name: Title: Title: C - t cIv, 1771 o Date Signed: •2� • ('-� Date Signed: Y z S//3 For City, Attest: By: Sara L. White, City Clerk For*StephL.rShLeets ved as to Form: By: , City Attorney 11 rRIND ROCK TEXAS PIS4I PWKIMT)'. Attachment A CITY OF ROUND ROCK INSURANCE REQUIREMENTS DATED: JULY 2011 1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the agreement or purchase order resulting from a response to the Solicitation/Specification, insurance against claims for iniuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of the solicitation by the successful respondent, its agents, representatives, volunteers, employees or subcontractors. 1.1. Certificates of Insurance and endorsements shall be fumished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City. 1.3.5. Policies shall include, but not be limited to, the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Agreement. 1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make 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 either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the solicitation specification and the insurance endorsements stated below. Page 1 of 4 DATED: JULY 2011 ROUND ROCK TEXAS RIRf`OSF. V�11L(l, "*gJJ1J, 1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 1.5.3. Provide thirty days' notice to the City of cancellation, non -renewal, or material changes. 1.5.4. Remove all language on the certificate of insurance indicating: 1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 1.5.5. Provide for notice to the City at the addresses listed below by registered mail: 1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of the 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. 1.5.8. All copies of the Certificate of Insurance shall reference the project name, solicitation number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 78664-5299 Round Rock, TX 78664 2. WORKERS COMPENSATION INSURANCE 2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation 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. 2.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 2.2. Persons providing services on the project ("subcontractor') in Section 406.096 — includes all persons or entities performing ail or part of the services the CONTRACTOR has undertakers 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 - Page 2 of 4 'ROUND ROCK. TEXAS ' fllMl'd.:I. PA14flY. Pflfnl'fR1I1'. DATED: JULY 2011 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. 2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that 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. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the agreement. 2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (10) calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 2.9. 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 on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 3 of 4 'ROUND ROCK. TEXAS RP MUW PAS404 PW9111TI DATED: JULY 2011 2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 2.10.3.1.2. 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 2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten (10) calendar 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 2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be provided to the person for whom they are providing services. 2.10.3.5. By signing the solicitation associated with the specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project wits 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 be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the agreement void if the Contractor does not remedy the breach within ten (10) calendar days after receipt of notice of breach from the owner. Page 4 of 4 Solicitation Number: Solicitation Name: Opening Date: Opening Time: Opening Location: '�ROUiVI) ROCK, TWIS 11'.xNN! iAy'g4 11G)Ylxl- It BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 #13-017 IF Tax ID Number: _5-z0c71&?4z©0;29Z Electrical Services March 12, 2013 On or Before 3:00 PM CST City of Round Rock City Hall 221 E. Main Street Round Rock, TX 78664 How DID You HEARABOUT THIS Newspaper ❑qty's Website ❑ E-mail Announcement ❑ ESBD Cher SOLICITATION? IS THIS THE FIRST Is YOUR BUSINESS TIME RESPONDING Yes ❑ No REGISTERED WITH ❑ Yes o Register at: roundrocktaxas.gov/Vendorcentral TO THE CIM VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM Business Name: QTY UNIT OF MEASURE Address: QZ©.Z Era ---1" 1r7 *'* Labor rates shall include all direct and Indirect costs such as transportation and overhead. Regular business hours are from Monday through Friday, 7:00 am to 6:00 pm. 1 MASTER ELECTRICIAN Address: :' 0� REGULAR HOURLY LABOR RATE: Contact: 1-77oss%rrl 2 Telephone: 1 HOUR Entity Type: REGULAR HOURLY LABOR RATE: E-mail: %'i `c �� (✓.177onG��r.!<. 3 MINIMUM # HOURS (IF ANY): HOUR(S) *** Overtime hours Include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (1 Y4 times the regular hourly labor rate. Website: MASTER ELECTRICIAN How DID You HEARABOUT THIS Newspaper ❑qty's Website ❑ E-mail Announcement ❑ ESBD Cher SOLICITATION? IS THIS THE FIRST Is YOUR BUSINESS TIME RESPONDING Yes ❑ No REGISTERED WITH ❑ Yes o Register at: roundrocktaxas.gov/Vendorcentral TO THE CIM VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM DESCRIPTION QTY UNIT OF MEASURE Unit Price Labor rates paid shall be only for productive hours beginning and ending at the Job site. *'* Labor rates shall include all direct and Indirect costs such as transportation and overhead. Regular business hours are from Monday through Friday, 7:00 am to 6:00 pm. 1 MASTER ELECTRICIAN 1 HOUR 0� REGULAR HOURLY LABOR RATE: 2 JOURNEYMAN ELECTRICIAN 1 HOUR REGULAR HOURLY LABOR RATE: 3 MINIMUM # HOURS (IF ANY): HOUR(S) *** Overtime hours Include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (1 Y4 times the regular hourly labor rate. 4 MASTER ELECTRICIAN 1 HOUR OVERTIME HOURLY LABOR RATE: EXHIBIT A S JOURNEYMAN ELECTRICIAN 1 HOUR / ' REGULAR HOURLY LABOR RATE: a PERCENTAGE (°%) MARKUP (IF ANY): >� °% Part 2: Additional information w W B: a' Y U CONTACT INFORMATION: indicatttee a contact person and telephone number fornormal working hours/service calls Designated Contact Person: , /C JGKi OSY�'r'S Phone # .S'/ aZ — 6/� EXPERIENCE: Indicate the number of years your firm has been In business: Indicate the number of Electricians that will be designated to the City and their total number of years' experience: Note: Contractor shall not sublet any work out to a third party. Contractor shall provide background checks and proof of right work in the United States for all employees designated to the City prior to commencement Of work. By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged In such line of business. Further, by signing and submitting this response the Respondent acknowledges: That they have read and filly understand the solicitation and accept all terms and conditions set forth herein. The respondent Is not currently delinquent in the payment of any debt awed to the City. Sealed response envelope shall be clearly marked with soficitation name, solicitation number and name of responding entity. The agreement_orpurchase order resulting_ komthis solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacidng) per the terns otdikted in Pad i #14 of this solicitation. I, applioabte, do you agree to'pggybaW purchasing from other governmenEai agerxies? C, Yes ❑ No Response shall include one (1) signed original and five (5) copies of response. rrwed Name Authorized nature pate Failure to sign response will disqualify response. SOLICITATION NUMOM 13-018 SPECIFICATION NUMBER 13810.82,13914.98 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME:I%T!��1; DATE: Provide the name, address, E -mall address, telephone number and point of contact of at least three (3) Municipal and/or Govemment agencies or firms of similar size and scope that have utilized similar service within the past two (2) years City of Round Rode references are not applicable. References may be Necked prior to award. Any negative responses received may result in disqualification of solicitation. Company's Name Name of Contact Title of Contact E -Mall Address Present Address Ael City, State, Zip Code afelt, t4/.L .3 6 Telephone Number Fax Number ( /f ) 2"- 'fir 2 2• Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number (S/Z ) 1,,7�0o Fax Number: ( s1 ) s%Z) /�•Z - &33 7/ Fax Number-._( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 12 of 12 Acc>Rtf CERTIFICATE OF LIABILITY INSURANCE.F MR1 TYPE OP WSUM CEr;WW= 0* n�"o 2"Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISh AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLOER IMPORTANT: K the aertNkste holder Is an ADDITIONAL INSURED, the policy(tes) must be endorsed. If SUBROGATION IS WAIVED, sub)ect to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate noes not confer rights to the certificate holder in Hou of such endorsement a , PNouucER Evans, Ewan & Brady Ins 2404 Wiib" Drive CeorgatoHm TX 78528 ncT Janet Tutbett. airs 868-1511 FAX (512 863a�504 Janet®eebkw.com 1/15/2(13 1,000,000 OffitHERSERVICE LLOYDS INS CO ve rse D .Cinckmad Insurance Companies 2eW5 2,000,000 M d, C Electric Inc su D: 8701 Brown Lane CM Austin TX 78754- E, AuTomOSIUEUASILRY ANY AUTO OVW4ED SCICOULED WRED AUTOS X AUT Ix COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY 'THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN W SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDWED BY PAID CLAIMS. MR1 TYPE OP WSUM CEr;WW= POLICYEXP umn B aE10MLIABILITY COMMERCIALeENER�N.UABKM ADE El OCCUR PDOED $5001 Clakn RX ENP 016 52 91 111MV2012 1/15/2(13 1,000,000 DANAUETOREHIfD S 500,000 10,000 PERsarw a wwRY 1,OOo,ow 2,000,000 QTAWRE ATEUNn" PER: PROPOLICY Mm LOC 2,000,000 s B AuTomOSIUEUASILRY ANY AUTO OVW4ED SCICOULED WRED AUTOS X AUT Ix EBA0165291 1`111512012 11115)2013 GON�NEDSINGLEUuff s 1,000,000 1Y WARY � �)SO BODILY WJURYPor-ddvA) S PRVP®arrndwACE s $ 8 X UANMLAUAS EXCE68UAe X OCCUR I CLAIM"ADE]AGGREGATE ENP 016 52 91 11115)2012 11/15/2013 EACHOCCURRarcE s 1,000,000 a 1,000,000 DED I X A WO100MCDNPErrsATION ANnEePLDVERYL1fflK lY ANY � MEN MCLUDEEP F1 (Wa%da rylnNN) ga u NIA SRZC21178-12 11101=12 1101/2013 X %bTATU I IV EL Saar 1,000,000 11000,000 EL pw-WE�POUCYLIMIT 15 11000.000 DESCRUgWNGFOPERAMONSILOCAlIONS/VEHICLES(AlbehACDWIQf,AddkWWROoftScheduh.VM* tpeakmqutrem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE HXPIRATION DATE THEREOF, NOTICE HALL BE DELIVIIRED IN ACCORDANCE WITH THE POLICY PROVISIONS. TX 77017- AUIROP EDREPRESENTAIM I= (713)947-0667 ®1988-2010 ACORO CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered unadw of ACORD SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 CITY OF ROUND ROCK INVITATION FOR BID ELECTRICAL SERVICES PART GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to enter into an agreement with a qualified Individual, Firm, or Corporation, to provide Electrical Services for various City facilities. The City intends to award one primary contract and one secondary contract based on the best value for the City. The Secondary Successful Respondent, herein after "Secondary Contractor" will be used if the Primary Successful Respondent, herein after "Primary Contractor" cannot provide the service within the requested timeframe. 2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website hftp://www.roundrocktaxas.aov/home/index.asp?paqe=463. 2.1. Any acceptance to or additional terms and conditions attached to the response will not be considered unless Respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in disqualification of the response. 2.2. Respondent - an individual or business enterprise that submits a response to a solicitation for goods, equipment, labor and/or services to the City. 2.3. Contractor - an individual or business enterprise under contractual obligation arising from an agreement or purchase order, which furnishes goods, equipment, labor and/or services to the City. Also known as Vendor or Awarded Vendor. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements as identified on the City's website at hftp://www.roundrocktexas.aov/home/index.asp?paae=463. 4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: 4.1. Attachment A: Respondent's Reference Sheet 4.2. Attachment B: Bid/Price Sheet 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Deborah Knutson, CPPB Purchasing Department City of Round Rock Telephone: 512-218-5456 dknutson@roundrocktexas.gov The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or 1 of 12 SOWITATION NU IBER 13.0% SPECIFICATION NUMBER 13-91"2,13-914-38 alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 6.3. Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal and/or Government agencies or firms of similar size and scope that have utilized similar service within the past two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. (See Attachment A provided). E -Mail addresses are required. 7. j3EST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 7.1. Purchase price; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services met the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 8. AGREEMENT TERM: 8.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 8.2. The City reserves the right to review the Contractor's performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 8.3. If the Contractor fails to perform its duties in a reasonable and competent manner, the City shall give written notice the Contractor of the deficiencies and the Contractor shall have thirty (30) days to correct such deficiencies. If the Contractor fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the Contractor written notice of termination and the reason for the termination. 8.4. If the agreement is terminated, for any reason, the Contractor shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 8. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 2of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 9.1. To the extent applicable to this solicitation the Contractor may submit a request for pricing adjustment subject to approval by the City. The request must show just -cause substantiating an adjustment in the form of an affidavit or certified statement from a supplier documenting the reason for increase. The requested adjustment must be for goods or services and may in no way represent an increase in the Contractor's overhead. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Contractor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by supplier's documents and make change to the purchase order within thirty (30) days of the request, negotiate with the Contractor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split award, primary and secondary award, non -award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at htta:Nwww.roundrocktexas.gov/home/index.asi)?aaae=463. 11. ACCEPTANCE: Acceptance inspection and tests should not take more than five (5) working days. The Contractor will be notified within this time frame if the goods delivered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the Contractor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 3of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving the Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's agreements, with the consent and agreement of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated 'piggyback" procurements. PART II SCHEDULE SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released February 23, 2013 1.2. Deadline for questions March 5, 2013 1.3. City responses to all questions or addendums March 7, 2013 1.4. Responses for solicitation due by 3:00 PM March 12, 2013 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART II, Paragraph 1, sub -paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, hag://www.roundrocktexas.ciov/home/index.ast)?Pape=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date noted above to the Purchasing Department_ Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 2.3. Facsimile or electronically transmitted responses are not acceptable. 2.4. Late responses will be returned to Respondent unopened if return address is provided. 4of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 2.5. Responses cannot be altered or amended after opening. 2.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 2.7. The City will not be bound by any oral statement or offer made contrary to the written specifications 3. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at hftp:/hvww.roundrocktexas.gov/home/index.asp?paae=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to: 4.1. City contact(s) information for implementation of agreement; 4.2. Agreement terms and conditions; 4.3. Identification of specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS HISTORY: The City has approximately forty six (46) facilities to maintain. Facilities maintained consist of both commercial and residential structures, including but not limited to emergency response and office buildings. 1.1. City facilities are under the supervision of the City's authorized and designated representative herein after "Facilities Manager": Pete Dominguez, Facilities Manager Phone #: 512-341-3144 2. SCOPE OF WORK: The Contractor shall provide on-site electrical services for various City -owned or occupied locations on an as needed basis. Work may be performed on the exterior or interior of buildings. The awarded contract will cover projects for the City up to $ 15,000.00. Only services meeting the specifications herein will be accepted. The Contractor shall: 2.1. Provide all personnel, equipment, tools, materials, supervision, labor and other items and services to perform maintenance, repair, renovations, installation or alteration of electrical systems including power, lighting, electrical related fixtures and any other components per drawings and specifications which will be provided by the Facilities Manager; 2.2. Not perform services without prior authorization from the Facilities Manager; 2.3. Be available for any and all electrical work required by the City. The Contractor shall have an organization proficient in carrying out multiple projects simultaneously for emergency and non -emergency calls. 2.4. Notify the Facilities Manager if during the course of work the Contractor experiences a conflict with the plans/scope of work or the NEC (National Electrical Code), before proceeding with said work. 5of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13.910-82, 13-914-38 3. DISTANCE REQUIREMENT: In order to assure the City does not encounter delays in emergency and regular service, shipping or other unforeseen problems that can occur with out of area Vendors, Respondent shall be located within thirty five (35) miles from Round Rock, Texas. 4. WORKMANSHIP: Only the highest quality of work shall be performed and all materials furnished in carrying out this agreement shall be new and of character and quality as required by the project specifications. Where no standard is specified, for such work or materials, they shall be the best of their respective trade and be compliant with all applicable code requirements. The Contractor shall: 4.1. Provide only new materials and parts for all projects unless pre -approved by the Facilities Manager; 4.2. At the conclusion of the project, demonstrate to the Facilities Manager that the work is fully operational and in compliance with contract specifications and codes. Any unsatisfactory work done or materials furnished at whatever time they may be discovered shall be promptly and permanently corrected at the sole expense of the Contractor prior to final acceptance of work when notified to do so by the Facilities Manager; 4.3. At all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Contractor's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations. S. WORKFORCE: Contractor and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations. The Contractor shall: 5.1. Employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States; 5.2. Provide background checks on all employees assigned to a project prior to commencement of work to the Facilities Manager; 6.3. Assign to the City only courteous, neat, orderly and competent workers, skilled in the performance of the services which they shall perform under the Agreement; 5.4. Require all employees to wear City issued badges in a visible manner at all times while on City property. Upon approval, the Facilities Manager shall provide site access to the Contractor and all required personnel. 6. ELECTRICIAN 1 ELECTRICAL CONTRACTOR REQUIREMENTS: The following contains the minimum requirements and experience for electrical services required by the City. The Electrician / Electrical Contractor herein after "Contractor" shall ensure that alt personrmH are skilled and qualified to perform the services as requested. The Contractor shall: 6.1. Be licensed to perform electrical work as required by the Texas Department of Licensing and Regulation by either holding a license as a Master Electrician or be licensed as an Electrical Contractor, and employ a Master Electrician. 6.1.1. Master Electrician shall have at least five (5) years' experience with a minimum of three (3) years' commercial experience. 6.1.2. If a Journeyman Electrician is employed and will be assigned to any City projects, the Journeyman Electrician shall have at least three (3) years' experience with a minimum of two (2) years' commercial experience. All work performed by the Journeyman Electrician shall be inspected and approved by the Contractor's Master Electrician. 6of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-91438 6.2. Perform functions that include but not be limited to: adding additional circuits, replacing panels and sub -panels, adding dedicated lines and grounds, and replacing motors, and other electrical work as described by the Facilities Manager; 6.3. Have access to and have a working knowledge of ail the tools and equipment used to install and perform electrical repairs; 6.4. Be able to work unsupervised and run a crew; 7. DESIGNATED PERSONNEL: In order to maintain consistent standards of quality work performed across the City, the Contractor shall identify and designate crew leader, crew and point of contact for City projects. 7.4. Respondent shall indicate on the Bid/Price sheet the Respondent's Designated Contact - Person's name and telephone number. 7.2. Contractor shall provide to the Facilities Manager a personnel list of the Designated Crew Leader/Supervisor and Crew before work commences. 7.3. Said contact person, crew leader/supervisor and crew shall remain the same throughout the term of the contract or upon termination of the employee. If a change has been made in the personnel fist Clue to termination, the Facilities Manager shall be notified by the Contractor immediately at the time of the change. NO substitutions of key personnel shall be permitted without written approval of the Facilities Manager. 8. SCHEDULING ! RESPONSE TIME: All work shall be scheduled at the convenience of the City as not to interfere with the City's conduct of business. Man hours paid under this contract shall be only for productive hours beginning and ending at the job site. Response times shall be as follows: 8.1. hfon-Emergency Service Calls: Regular business hou- s -hall be from 7:00 AM to 6:00 PM, Monday through Friday (excluding weekends and holidays). 8.1.1. Contractor shall provide a written estimate within twenty four (24) hours, if the job is simple and small enough that it does not require site verification or site visit. If the job is more complicated or requires site verification or site visit, the Contractor shall respond and provide a written estimate within forty eight (48) hours. 8.1.2. All work shall begin within five (5) days of the original request. 8.2. Emergency Service Calls: If the Primary Contractor cannot meet the City's need for the emergency request the City will then contact the Secondary Contractor. The City reserves the right to contract with any contractor in the case of an emergency, and no response or untimely response has been made with either the Primary or Secondary Contractors. Contractor shall: 8.2J. Respond to emergency cans within two (2) hours after the request is placed. 8.2.2. Be on site at the location of required service within four (4) hours after notification by the City. 8.2.3. Provide a twenty four (24) hour emergency contact phone number. For emergency calls, outside regular business hours a voice mail paging system is acceptable on the condition that a call back is initiated within thirty (30) minutes from the time that the page is placed. 9. WORK HOURS: 9.1. Regular business hours are from 7:00 am to 6:00 pm, Monday through Friday (excluding weekends and holidays). 9.2. Overtime hours consist of hours outside the City's regular business hours, weekends, and holidays: Overtime pay will be allowed by the City, only upon approval of the Facitities 7of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 Manager in advance of work. Overtime work shall be based on the rate of regular labor not to exceed one and one half (1 '/Z) times the fixed hourly rate for the tradesman performing the service. 9.3. City Holidays include: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Eve and Christmas Day. 9.4. Emergency Calls: Contractor shall only respond to emergency calls placed by the Facilities Manager or an assigned authorized representative. 10. SUBCONTRACTORS: Contractor shall not sublet any work out to a third party. The City seeks to do business directly with a skilled Electrician who will remain on site for the duration of each project or assign a designated, skilled Electrician on staff to be the City's primary point of contact. 11. WORKER'S COMPENSATION INSURANCE: The Texas Labor Code, Section 406 — 098 requires worker's compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. The Texas Workers' Compensation statues can be obtained from the Texas Department of Insurance website at http://www.tdi.texas.gov/index.htmi. 11.1. A copy of the Contractor's Certificate of Workers' Compensation Insurance shall be submitted prior to approval of contract. 11.2. A copy of the Respondent's declaration page showing that they carry Workers' Compensation Insurance shall be furnished with the Respondent's solicitation response. 12. SAFETY: The Contractor and their respective employees are required and shall comply with all Occupational Safety and Health Administration (OSHA) state and city safety and occupational health standards and any other applicable federal, state, and local health, safety and environmental laws, ordinances, rules and regulations in the performance of the services. All Contractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under the awarded contract. In cases of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. 12.1. Material Safety Data Sheets: Contractor shall be required to have in their possession at the location of each project and available upon request, material safety data sheets applicable to hazardous substances being used. 13. SERVICE / REPAIR PARTS: At the time the City calls for service, and the Contractor determines a location needs repairs: 13.1. Eighty five percent (85%) of all parts shall be on-site within twenty four (24) business hours; 13.2. All remaining parts shall be normally on-site within forty eight (48) hours; 13.3. Contractor shall guarantee all parts provided to the City for sixty (60) days; 13.4. The Facilities Manager shall be consulted when it is determined major components are in need of replacement. A major component shall be considered any single item or part whose estimated cost is in excess of $ 500.00. 14. DELIVERY AND STORAGE: It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The City will not assume any responsibility for receiving these shipments. The Contractor shall verify with the Facilities Manager and make necessary arrangements for security and storage space in the building during installation. 8of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 15. WARRANTY: Contractor shall provide a one (1) year warranty on all workmanship and parts including but not limited to manufacturer's warranty, workmanship defects, and installation. All warranty work shall be completed within five (5) working days from notice of defect. 16. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. 16.1. Bids shall not exceed 10% waste expectation on all quantities. 17. PERMITS: Contractor shall obtain all necessary permits or licenses for inspections, tests, and other services required for completion of work. Inspections shall be scheduled through the Facilities Manager: The City of Round Rock's permit fees shall be waived. 18. DAMAGE, Contractor shall be responsible for damage to the City's equipment and or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. 19. ESTIMATES: Contractor shall provide a non-binding written "Not to Exceed" estimate on all projects at no charge to the City. It is the Contractor's responsibility to ensure that all Information is complete to provide an accurate estimate. Contractor shall respond with a written estimate (see PART III, Paragraph 8 for response time). Estimates shall include: 19.1. Department name and location of the project; 19.2. Contractor's designated contact name, telephone number and license number; 19.3. Breakdown of Labor costs (Number of workers, hourly rate) Note: Contractor shall submit a total hourly and overtime rate price for labor that includes, but not be limited to, all costs for labor, overhead charges, travel, transportation, and payrott expenses. 19.4. Materials (Detailed description, quantity, unit price and extended price amounts) Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 19.5. Cost of Equipment rented to complete project; 19.6. Total Cost (Labor and materials); 19.7. Description specifying work to be done; 19.8. Time projected to complete the project / anticipated completion date. 20. REPAIR REPORTS: Contractor shall upon completion of any preventative maintenance, repair work or installation, provide a repair report to the Facilities Manager. At a minimum the repair report shall include: 20.1. Contractor's designated contact name, telephone number and license number; 20.2. Date and time repair request was received; 20.3. Location of the work site; 20.4. Date and time of arrival to and departure from the worksite (note: man hours paid under this contract shall be only for productive hours beginning and ending at the job site); 20.5. Time spent for repair / maintenance / installation; 20.6. A detailed statement as to the condition of the serviced, repaired or installed equipment; 20.7. Any problems identified and any corrective action taken; 20.8. Any materials or parts used including equipment rented and back ordered parts. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 9of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-82,13-914-38 20.9. A detailed description of all the completed repair work certifying the location is in working order, which shall be signed by the Facilities Manager at the time the work is completed. Note: Unforeseen or unknown repairs will be mutually agreed upon by the Contractor and the Facilities Manager. The Contractor shall submit a written estimate for the extra work on a time and materials basis using contract pricing. 21. SERVICE RECORDS: In addition to the repair report(s), Contractor shall maintain a complete record of all service performed on each location, including all parts replaced. All service records and all test results shall be furnished to the Facilities Manager for review upon request. 22. INVOICE REQUIREMENTS: The Contractor, upon completion of each service, shall address invoices to the City as follows: 22.1. Repair Work: The total hourly and overtime rate price for labor shall include costs of labor, overhead charges, travel, tools and equipment necessary to complete the work, transportation, and payroll expenses. Parts and materials shall be billed separately. Man hours paid under this contract shall be only for productive hours beginning and ending at the job site; 22.2. Parts and materials: The cost of parts and materials shall be listed separately from labor. A maximum percentage markup, as indicated on line item # 6 of the Bid/Price sheet, will be allowed for material that the Contractor has to purchase and re -bill. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 22.3. Cost of Equipment rented to complete project; 22.4. The Contractor may submit the Repair Report (See PART III, Paragraph 20) as an invoice by modifying it if necessary so that all required invoicing information is contained within the repair report. 22.5. Payment will be issued in compliance with the Prompt Payment Policy (See PART 1, Paragraph 12). Any advancement for parts or supplies will not be permitted. PART IV RESPONSE REQUIREMENTS The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation. Respondent shall submit one (1) executed (signed) original and five (5) copies of each response. For your bid to be responsive; alt required attachments identified below shad be submitted with your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City unless the Respondent provides a return envelope and postage. 1. Attachment A: Reference sheet shall include the name, address, active telephone number and valid e-mail address of at least three (3) Municipal and/or Government agencies or firms of similar size and scope that have utilized similar services within the past two (2) years. 2. Attachment B: Responses shall be submitted on itemized, signed Solicitation Bid/Price sheet provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of 10 of 12 SOLICITATION NUMBER 13016 SPECIFICATION NUMBER 13-910-82,13-914-38 responses on forms other that the City's Solicitation Document may result in disqualification of the response. In the event of errors in extension pricing, unit prices shall govern. 3. A copy of the Respondent's declaration page showing that they carry Workers' Compensation Insurance shall be furnished with the Respondent's solicitation response. 4. The Respondent shall be licensed to perform electrical work as required by the State of Texas. Respondent shall submit a copy of the license with their solicitation response (see PART III, Paragraph 6). 5. Any other Certifications, Licenses or Memberships to Professional Associations including but not limited to Job Order Contracting (State Certification), or other specialized Licenses or Certifications can be submitted with the response for review and may be considered as value added benefits. The following items shall be made available upon request by the City prior to award and the approval of any contract: 1. A copy of the Primary and Secondary Contractor's Certificate of Workers' Compensation Insurance shall be submitted prior to approval of contract. 2. Proof of citizenship or right to work in the United States and background checks shall be provided for all employees assigned to work in and on any City property prior to commencement of work to the Facilities Manager. CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances. • Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. • If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 11 of 12 � e CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) INSRTYPE LTR V 05/14/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Evans, Ewan & Brady Ins 2404 Williams Drive CONTACT Janet Turbett PHONE 512 869-1511 FAX ( ) .(512) 863-5504 EMAIL janet@eebins.com Georgetown TX 78628 INSURERS AFFORDING COVERAGE NAIC # _INSURER A: SERVICE LLOYDS INS CO INSURED INSURER B:CInclnnatl Insurance Companies 28665 M & C Electric Inc 9701 Brown Lane C#305 Austin TX 78754 - I INSURER C : INSURER D: INSURER E INSURER F' COVERAGES CFRTIFICOTF NHURFR• oevlcrnu Lill SCI]. THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE LTR OF INSURANCE ADDL SUER POLICY BER POLICY EFF POLICY EXP LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY T ENP 016 52 91 11/15/2012 11/15/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 500,000 MED EXPIAny one person $ 10,000 CLAIMS -MADE OCCUR X PD DED $500 / Claim PERSONAL 1, ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO -LOC PRODUCTS- COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY EBA0165291 11/15/2012 11/15/2013 COMBINEDSINGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ B X UMBRELLA LIAB X OCCUR ENP 016 52 91 11/15/2012 11/15/2013 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE ITM X 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A SRZC21178-12 11101/2012 1110 1 /2013 X WC STATU- I JOTH- E.L._EACH ACCIDENT ___ $ 1,000,000 - - - E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, descr be under DE R T N F P T N below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) Solicitation Number: #12-034 Solicitation Name: Aggregate Materials The General Liability policy includes a blanket automatic additional insured endorsement providing additional insured status to any person or organization if there is a valid written contract requiring such per forms GA2330207. General Liability endorsement GA2330207 includes "Primary and NonContributory" wording. A request to add a 30 Day Notice of Cancellation provision in favor of the certificate holder has been requested from the issuing companies. -I IrIVM I C nWl_L/GR t-ANIaLLA I IUN MI 0009a0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Round Rock TX 78664-5299 AUTHORIZED REPRESENTATIVE rax: ( ) - @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................. 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You................................................................................................... 8 4. Supplementary Payments................................................................................................................... 9 5. Medical Payments................................................................................................................................ 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.)......................................................................................................... 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations.................................................. 10 8. Waiver of Subrogation....................................................................................................................... 10 9. Automatic Additional Insured - Specified Relationships: ................................................................ 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and • Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property ......................................... 14 11. Property Damage to Borrowed Equipment....................................................................................... 14 12. Employees as Insureds - Specified Health Care Services: ............................................................ 14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (b) Payroll (For Limits in Excess of (For Limits in Excess of - COVERAGES: Employee Benefit (c) Gross Sales $5,000 ) $5,000) (1) Insuring Agreement (d) Units acts or services is covered (a) We will pay those sums that e Other the insured becomes legally under Supplementary Pay - b. Care, Custody ments. ages caused by any act, er- or Control () applies to sured, or of any other per- $ TOTAL ANNUAL PREMIUM ror or omission, is negli- 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- Employee Benefit Liability Coverage plicable limit of insur- ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- ror or omission of the in- () applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- ..administration" of your plies. We will have the right employee benefit pro - and duty to defend the in- gram"; and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or sured is liable because of omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision (b) Dishonest, Fraudulent, to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because Any claim for benefits to the of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, (2) Exclusions unemployment compensa- tion insurance, social secu- This insurance does not apply rity or disability benefits law to: or any similar law. (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of "Bodily injury", "property liability imposed on a fiduci- damage" or "personal and ary bntthe Employee Secu itRe- tiremeAct advertising injury". of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or any plan included in the local laws. Damages arising out of any Any liability arising out of intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason - including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (1) Employment -Related any plan included in the Practices employee benefit pro- gram". Any liability arising out of any: (e) Inadequacy of Perform- ance of Investment / Ad- vice Given With Respect (2) Termination of em - to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- ment, discipline, defa- mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II - WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1) If you are designated in the Declarations as: (a) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program". (b) Any persons, organizations or "employees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION 111 - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damagessustained by any one "em- making claims or bringing suits ; ployee", including such "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, becauseof all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1 ) Our rd i and dutyto is the most we will pay for all defend the insured ured damages because of acts, er- st an against again "suits" rors or omissions negligently those 9 e dam- committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon (a) An act, error or omission; or notification of the actiontaken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, negligently committed in the As respects Employee Benefit Li- ability Coverage, SECTION IV - administration of your em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- a. You must see to it that we are noti- ages on behalf of the in- fied as soon as practicable of an act, sured applies only to the error or omission which may result in amount of damages in ex- a claim. To the extent possible, no- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this (2) Notify us as soon as practicable. method also. Under this approach each in - You must see to it that we receive surer contributes equal written notice of the claim or "suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in - any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or "suit"; contribute by limits. (2) Authorize us to obtain records Under this method, each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un - or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: 5. Other Insurance (1) The following definitions are added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em - below applies. If this ployee benefit pro - insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro - will share with all that grams"; or other insurance by the method described in b. d. Effectingcontinuin or g, g below. terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro - a. Handling payroll de- grams; leave of ab - sence programs, in- cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re - benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means ceeding in which money damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro- 3. "Employee benefit pro- ceeding in which such damages are claimed grams means a program and to which the in - providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro - ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in - b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex - 2. SECTION I - COVERAGES, pansion; or COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through q. do not apply secretions, by in - to damage by fire, explosion, light- sects, birds, ro- dents or ning, smoke or soot to premises other animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow - b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the The exclusions under SECTION ground surface press - ing on, or flowing or - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than L walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat - 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, deterioration, hid- building or structure; or den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting 5. from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II - WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the product new construction or made intentionally demolition operations by the vendor; performed by or on be- d) Repackaging, un - half of such additional less unpacked insured. solely for the pur- (b) Any person or organization pose of inspection, from which you lease demonstrati ti on, equipment with whom you testing, th e substitution e of have agreed per Paragraph 9.a.(1) above to provide in- parts under parts in- surance. Such person(s) or ons from the strucmanufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under - (c) Any person or organization takes to make in the usual thbusiness, (referred to below as ven- course of in dor) with whom you have connection with agreed per Paragraph 9.a.(1) above to provide in- the distribution or surance, but only with re- "bodily sale of the prod- ucts; spect to injury" or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection withthe sale of the the vendor does not product; apply to: a) "Bodily injury" or g) Products which, after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in - products; or jury", "property dam - b) When liability age" or "personal and within the he advertising injury" aris- "products- produ ing out of operations completed opera- performed for the state tions hazard" has or political subdivision. been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- (d) Any state or political subdi- ability arising out of "your work" performed for that vision with which you have additional insured by you or agreed per Paragraph ) above tprovide in- on your behalf. A person or suraece, subjecc urant to the fol- organization's status as an lowing additional provision: insured under this provisionof this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex - issued a permit in connec- piration date of this Cover - tion with premises you own, age Part. If there is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, 3 An insurance () Y provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury" or "property damage" 2) The construction, erec- included within the "prod - tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by "bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has ) g Defects in design fur - issued apermit. 1 fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- 2) The rendering of, or t ional insured, and such other insurance policy shall failure to render, any be excess and / or noncon- archite tributing, whichever applies, tributing, tural, engineering or or with this insurance. surveying services, in - insurance policy that is cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, ment shall also be ex - shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3) "Your work" for which a additional insured by attachment consolidated (wrap-up) of an en- dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse - vwhich you are in- ment shall also be ex - volved. agreement between you contract or agreement, the limits ap- cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para - the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of - addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION II - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an 'occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15