ST0702-CS090422
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Keith Marvin - Coppell Rd
From: Jerod Anderson
To: Keith Marvin
Date:4/22/2009 10:08 AM
Subject:Coppell Rd
Attachments: indemnification .doc
Keith, I just went through the bid documents for Coppell Rd. There are some additional changes that need to
be made. I am attaching our standard indemnification that needs to be included and then I will get you our
insurance requirements. Also, the bid # is incorrect on the bonds. I didn't see any language on retainage, did
you?
Please consider the environment before printing this e-mail
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15) OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE
INDEMNIFIED, DEFENDED, HELD HARMLESS AND RELEASED BY CONTRACTOR
FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS,
OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR
SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE CONTRACTOR, OR
PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE
PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT, INCLUDING CLAIMS
AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF
OWNER, WITHOUT, HOWEVER, WAIVING ANY GOVERN-MENTAL IMMUNITY
AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY
DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS
INDEMNI-FICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND
NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF
THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS
CONTRACT IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY AND
PROTECT OWNER FROM THE CONSEQUENCES OF THE CONTRACTOR’S AS WELL AS
THE OWNER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR
PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION,
CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY
ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE
OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED
COVERAGE.
13.1 CS
ONTRACTOR HALL
MI
AINTAIN NSURANCE
13.1.1 The Contractor at his own expense shall purchase, maintain and keep in force during the life
of this contract, adequate insurance that will protect the Contractor and/or any Additional Insured from
claims which may arise out of or result from operations under this contract. The insurance required shall
provide adequate protections from all claims, whether such operations be by the Contractor or by any
Additional Insured or by any Subcontractor or by anyone directly or indirectly employed by any of them,
which may be encountered in the performance of this contract in the amounts as shown below in Paragraph
13.2.1.
13.1.2 The Contractor shall not commence work on any Contract in the City of Coppell until the
Contractor has obtained all the insurance required under this paragraph and such insurance has been
approved by the City.
13.2 TA
YPES AND MOUNTS OF
C’I
ONTRACTORS NSURANCE
13.2.1. The Contractor shall furnish and maintain during the life of the contract adequate Worker's
Compensation and Commercial General Liability (Public) Insurance in such amounts as follows:
Type of Insurance Amount
Worker's Compensation as set forth in the Worker's Compensation Act.
Commercial General $1,000,000 Each Accident/Occurrence.
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products &
Completed Operations
Aggregate.
Owner’s Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Excess/Umbrella Liability $1,000,000 per occurrence
w/drop down coverage
Endorsement CG 2503 Amendment Aggregate
Limit of Insurance per
Project or Owner's and
Contractor's Protective
Liability Insurance for the
Project.
Automobile Liability $500,000 Combined
single limit per
occurrence.
13.3 AI
DDITIONAL NSURED
The Owner shall be named as an additional insured on the Commercial General Liability (Public), Owner’s
Protective Liability, and Excess/Umbrella Liability Insurance Policies furnished by the Contractor.
13.4 WN
RITTEN OTIFICATION
Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration,
cancellation, non-renewal or any material change in coverage, a notice there of shall be given by certified
mail to the Division of Purchasing, City of Coppell, 255 Parkway Blvd., Coppell, Texas, 75019.
13.5 PA
REMIUMS AND SSESSMENTS
Companies issuing the insurance policies shall have no recourse against the City for payment of any
premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor.
13.6 CI
ERTIFICATE OF NSURANCE
Proof that the insurance is in force shall be furnished to the City on City of Coppell Standard Certificate of
Insurance Forms. In the event any insurance policy shown on the Certificate of Insurance has an expiration
date that is prior to the completion and final acceptance of the project by the City of Coppell, the contractor
shall furnish the City proof of identical continued coverage no later than thirty (30) days prior to the
expiration date shown on the Certificate of Insurance.
13.7 PC
RIMARY OVERAGE
The coverage provided herein shall be primary and noncontributory with any other insurance maintained by
the City of Coppell, Texas, for its benefit, including self insurance.
13.8W’C
ORKERS OMPENSATION
IC
NSURANCE OVERAGE
13.8.1 The Contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(3) provide the governmental entity prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements
imposed by the Act or other commission rules. This notice must be printed with a title in at
least 30 point bold type and text in at least 19 point normal type, and shall be in both English
and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the Texas Workforce Commission on the sample notice,
without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction
project must be covered by workers' compensation insurance. This includes persons providing, hauling, or
delivering equipment or materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee."
"Call the Texas Workforce Commission at 800-832-2829 to receive information on the legal requirement
for coverage, to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage."
and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(C) include in all contracts to provide services on the project the language in subsection (e)(3)
of this rule;
(D) 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;
(E) obtain from each other person with whom it contracts, and provide to the Contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project;
and
(ii) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
sub-paragraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided
to the person for whom they are providing services.
Page 1 of 1
Keith Marvin - Coppell Road South - Bid Phase
From: Caleb Thornhill <bct@freese.com>
To: Keith Marvin <KMARVIN@ci.coppell.tx.us>
Date: 4/22/2009 10:11 AM
Subject: Coppell Road South - Bid Phase
Attachments: List of Possible Plan Holders.pdf
Keith,
Below is two plan rooms we typically provide plans to for bidding purposes. Let me know if you have any issues
with these.
McGraw Hill Construction Dodge North Texas Construction Reports
9155 Sterling Street, Ste. 160 2828 Trinity Mills Road, Ste. 330
Irving, Texas 75063 Carrollton, TX 75006
Phone (972) 819-1400 Phone (972) 820-9020
I’ve also attached a list of possibly plan holders that we’ll fax out the bidding information too. Look through and
see if you have any concerns with this.
Also, how many copies would you like us to make available? I’m suggesting 5 full, 15 half at our offices. Do you
want additional copies at your office? Let me know when you get a chance.
B. Caleb Thornhill, P.E.
Freese and Nichols, Inc.
1701 N. Market St., Suite 500
Dallas, Texas 75202
Main: 214-217-2200
??
Direct: 214-217-2282
??
Fax: 214-920-2565
??
Email: bct@freese.com
??
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