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HomeMy WebLinkAbout1995-091ORDINANCE NO. 1Q AN ORDINANCE AMENDING ORDINANCE NO. 95-045 RELATING TO THE AWARD OF BID NUMBER 1729 FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION CENTERS FROM DRT MECHANICAL AND TO PROVIDE FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION CENTERS FROM ABLE SHEET METAL AND AIR CONDITIONING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on March 7, 1995 authorized the award of a contract for HVAC Renovation for Recreational Centers to DRT Mechanical per Ordinance No. 95-045; and WHEREAS, the City Manager desires to resend award to DRT Mechanical for Bid 1729 and award the contract for purchase of HVAC Renovation for Recreation Centers to Able Sheet Metal and Air Conditioning; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 95-045 is hereby amended to provide for the purchase of HVAC Renovation for Recreation Centers from Able Sheet Metal and Air Conditioning pursuant to the terms of Bid 1729. SECTION II. That the award of Bid 1729 is hereby amended to provide for additional compensation of $4,250.00; total price payable to Able Sheet Metal and Air Conditioning $89,300.00 under this ordinance. SECTION III. That the funds for this amendment are to expended from the Facilities Management Budget Funds approved by the City Council in the 1994-95 budget. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the pl"" day of Ak4d _ ,1995. , MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APP VED TO LEGAL FORM: MI AEL A. BUCEK,j�ACTING ITY ATTORNEY BY: ZX-� � �ec- REVISED DATE: MAY 2, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V . Harrell, City Manager SUBJECT: BID # 1729- HVAC RENOVATION FOR RECREATION CENTER (RE -AWARD) RECOMMENDATION: We recommend the award of Bid #1729-HVAC Renovation for Recreation Centers to DRT Mechanical be rescinded and re -award be made to Able Sheet Metal and Air Conditioning in the amount of $89, 300.00. SUMMARY: Bid #1729 for HVAC Renovation at both North Lakes and Denia Recreation Centers was awarded to the lowest bidder, DRT Mechanical on March 7, 1995, in the amount of $85,050.00. Contracts were mailed to DRT on March 9, 1995. On April 13, 1995, a representative of DRT, Mr. Rick McCauley, notified us that due to financial difficulty they were unable to acquire performance bonds and payment bonds required in the bid and contract. The contract has been withdrawn from DRT and the second lowest bidder, Able Sheet Metal and Air Conditioning, has confirmed their bid price is still available for acceptance. We feel that if the bid from Able Sheet Metal is not accepted, we will see an increase in price and completion time since school renovation projects are traditionally preformed during the summer. With the $4,250.00 price increase we are still well under projected funds. Able Sheet Metal intends to use the same make and model roof top air conditioning units accepted from DRT. BACKGROUND: Tabulation Sheet, Letter from Able Sheet Metal dated April 17, 1995. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Recreation Center participants, Facilities Management Division, Able Sheet Metal. FISCAL IMPACT: Funds for this HVAC Renovation project will come from 1994/95 budget funds Account Number #100-032-0002-8502. Respec y sub itte / Lloyd V . Harrell City Manager App ved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 599.AGENDA $ # q§ -- -- -© - � $ - - - $ -- — - ---k--- — - � k� f � § � � f k § / $ $ 4 f % a § \ 2 2 § § � - --- 4 \ � ---- - ) \ / ) §§/ � � � § k . � § � § Q § | Q w m %� ORDINANCE NO.1��L AN ORDINANCE AMENDING ORDINANCE NO. 95-045 RELATING TO THE AWARD OF BID NUMBER 1729 FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION CENTERS FROM DRT MECHANICAL AND TO PROVIDE FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION CENTERS FROM ABLE SHEET METAL AND AIR CONDITIONING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on March 7, 1995 authorized the award of a contract for HVAC Renovation for Recreational Centers to DRT Mechanical per Ordinance No. 95-045; and WHEREAS, the City Manager desires to resend award to DRT Mechanical for Bid 1729 and award the contract for purchase of HVAC Renovation for Recreation Centers to Able Sheet Metal and Air Conditioning; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 95-045 is hereby amended to provide for the purchase of HVAC Renovation for Recreation Centers from Able Sheet Metal and Air Conditioning pursuant to the terms of Bid 1729. SECTION II. That the award of Bid 1729 is hereby amended to provide for additional compensation of $4,250.00; total price payable to Able Sheet Metal and Air Conditioning $89,300.00 under this ordinance. SECTION III. That the funds for this amendment are to expended from the Facilities Management Budget Funds approved by the City Council in the 1994-95 budget. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the and day of lok4d�— 11995. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY AP P VED S TO LEGAL FORM: MI AEL A. BUCEK, ACTING ITY ATTORNEY REVISED DATE: MAY 2, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1729- HVAC RENOVATION FOR RECREATION CENTER (RE -AWARD) RECOMMENDATION: We recommend the award of Bid #1729-HVAC Renovation for Recreation Centers to DRT Mechanical be rescinded and re -award be made to Able Sheet Metal and Air Conditioning in the amount of $89,300.00. SUMMARY: Bid #1729 for HVAC Renovation at both North Lakes and Denia Recreation Centers was awarded to the lowest bidder, DRT Mechanical on March 7, 1995, in the amount of $85, 050.00. Contracts were mailed to DRT on March 9, 1995. On April 13, 1995, a representative of DRT, Mr. Rick McCauley, notified us that due to financial difficulty they were unable to acquire performance bonds and payment bonds required in the bid and contract. The contract has been withdrawn from DRT and the second lowest bidder, Able Sheet Metal and Air Conditioning, has confirmed their bid price is still available for acceptance. We feel that if the bid from Able Sheet Metal is not accepted, we will see an increase in price and completion time since school renovation projects are traditionally preformed during the summer. With the $4,250.00 price increase we are still well under projected funds. Able Sheet Metal intends to use the same make and model roof top air conditioning units accepted from DRT. BACKGROUND: Tabulation Sheet, Letter from Able Sheet Metal dated April 17, 1995. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Recreation Center participants, Facilities Management Division, Able Sheet Metal. FISCAL IMPACT: Funds for this HVAC Renovation project will come from 1994/95 budget funds Account Number #100-032-0002-8502. Respec �Yy Subtyirtte Lloyd V : Harrell City Manager App ved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 599.AGENDA 2 § i � / k $ ■ ) � k )66 k k $ $ § ) \ E 2 / § _ s §22 § § ) \ E # k f u 2 � _ § k-- �-- , - \ \ § \ } o / � § % A CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § �l THIS AGREEMENT, made and entered into this 3 day of MAY THE CITY OF DENTON A.D., 19955_1 by and between of the County of DENTON and State of Texas, acting through LLOYD V. H_ARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and ABLE SHEET METAL AND AIR CONDITIONING P.O. BOX 50297 DENTON, TEXAS 76201 of the City of _ DENTON , County of DENTON and State of TEXAS hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1729-HVAC RENOVATION FOR RECREATION CENTERS in the amount of $89,300.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ws� e+• wi � all or which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of .any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: APPROVED AS TO FORM: ✓City Attorney AAA0184 Rev. LP/28/94 CA - 3 (SEAL) ABLE SHEET METAL AND AIR CONDITIONING INC. CONTRACTOR P.O. BOX 50297 DENTON, TEXAS 76206 MAILING ADDRESS 817-566-6406 PHONE NUMBER 817-566-6419 FAX NUMBER BY elvr- !qTLE NORRIS MCNEELY PRINTED NAME (SEAL) BOND NO. TX 7616246 00 STATE OF TEXAS COUNTY OF DENTON PERFORMANCE BOND [c? KNOW ALL MEN BY THESE PRESENTS: That ABLE SHEET METAL AND AIR CONDTTTONTN(, IN(' , of the City of DENTON County of DENTON and State of TEXAS as PRINCIPAL, and Universal Surety of America , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of EIGHTY NINE THOUSAND THREE HUNDRED and no/100------------ Dollars ($ 89,300.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 3 day of MAY 19 95 , for the construction Of BID # 1729-HVAC RENOVATION FOR RECREATION CENTERS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. La-- 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 6th day of June 19 95 . Able Sheet Metal and Air Conditioning Principal Address: P.O. BOX 50297 DENTON, TEXAS 76206 (SEAL) Universal Surety of America Surety jW 1-3L-1 Title Attorney -in -Fact Address: 5440 Harvest Hill #172 Dallas, Texas 75230 (SEAL) vi t •t� ,.,: The name and address of the Resident Agent of Surety The Macsom Agency, Inc. P. 0. Box 515366. Dallas. Texas 75251-5366 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 BOND NO. TX 7616246 00 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That —ABLE SHEET METAL AND AIR CONDITIONING IN(-- Of the City of DENTON County of DENTON and the State of TEXAS as principal, and Universal Surety of America authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of EIGHTY NINE T"MISAND THREE MrNn n Anti nn/inn Dollars ($ Rq '1nn nn ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 3 day of MAY 19 q . BID # 1729 - HVAC RENOVATION FOR RECREATION CENTERS to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and signed and sealed this instrument this 6th day of 19 95 Able Sheet Metal and Air Conditioning Principal Address:p_n_ Rnx 502o7 DENTON, TEXAS 76206 (SEAL) Surety have June Universal Surety of America Surety Title Attorney -in -Fact Address: 5440 Harvest Hill #172 The name and address of the Resident Agent of The Macsom Agency, Inc. P. 0. Box 515366, Dallas,Texas 75251-5366 AAA0184D Rev. 07/28/94 Dallas. Texas 75230 (SEAL) w; V" �: e Surety PB - 4 GENERAL CONDITIONS The General Conditions of the Contract for Construction shall be Standard AIA Form A201, current edition. For convenience, the AIA printed form is omitted from this binding. Copies are on file at any Architect's office and may be seen and/or obtained there. GENERAL CONDITIONS - 1 SUPPLEMENTARY GENERAL CONDITIONS Certain articles of the "General Conditions of the Contract for Construction," AIA Document A 201, 1987 edition, as published by the American Institute of Architects, are revised by, added to, or replaced by the requirements of this section. A. ARTICLE 1 - CONTRACT DOCUMENTS 1. The Drawings and Specifications referred to in paragraph 1.1.1. and throughout the General Conditions are further defined as those entitled ROOF TOP H.V.A.C. REPLACEMENT for the NORTH LAKES & DENIA RECREATION CTR,S Denton, Texas, and include all the following: A. Specifications: General Requirements Division A thru C Special Requirements and Technical Specifications 3 pages 2. In paragraph 1.1.1., last sentence, delete the words "the Contractor's Bid." B. ARTICLE 5 - SUBCONTRACTORS 1. Add the following sentence to paragraph 5.2.4.: Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in contract amount. C. ARTICLE 9 - PAYMENTS AND COMPLETION 1. Add the following paragraph: 9.2.2 The OWNER will provide to the Contractor a list of the portions or sections of work for which he wishes to have separate values included and those items for which he will require material quantities to be shown. 2. Add the following paragraphs: 9.3.4 The Contractor shall submit his Application for Payment, amounting to 90% of the cost of the work performed and 90% of the materials on hand in accordance with paragraph 9.3.2 above, as of the last day of each month. 9.3.5 Payments on account of the above described applications will be due, in accordance with the provisions of Sub -articles 9.4 through 9.6, on the tenth (loth) day of the month following the payment period. SUPPLEMENTARY GENERAL CONDITIONS - 1 3. Change paragraph 9.10.1 to read as follows: Upon receipt of written notice that the work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection and, when he finds the work acceptable under the Contract Documents and the Contract fully performed, he will promptly issue a final Certificate of Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations, the work has been completed in accordance with the terms and conditions of the Contract Documents and that 95% of the Contract amount is due and payable to Contractor, as noted in said final Certificate. The remaining 5% retainage will be due and payable to him within thirty (30) days after acceptance of the work by the Owner. D. ADD THE FOLLOWING NEW ARTICLES ARTICLES 15 - ACCESS TO THE WORK 15.1 Access to the work. 15.1.1 The Owner, and their authorized representatives shall have access at all times to the work for inspection wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection. E. ARTICLE 16 - STANDARDS 16.1 Standards 16.1.1 Any material specified by reference to the number, symbol or title of a specific standard, such as a Commercial Standard, a Federal specification, a trade association standard, or other similar standard, shall comply with the requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of these Specifications, except as limited to type, class or grade, or modified in such reference. 16.1.2 The standards referred to, except as modified in the specifications shall have full force and effect as though printed in the specifications. These standards are not furnished to bidders for the reason that the manufacturers and trade involved are assumed to be familiar with their requirements. 16.1.3 It is not the intent of these Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison of quality, application, physical conformity, and SUPPLEMENTARY GENERAL CONDITIONS - 2 other characteristics. It is not the intention to discriminate against or prevent any dealer, jobber, or manufacturer from furnishing materials, equipment, and/or fixtures which, in the judgment of the Owner expressed in writing, meet or exceed the characteristics of the specified items. Substitute materials shall not be made without prior written approval from the Owner. Refer to Section 1B - Job Requirements: Sub -section 8, for conditions governing substitutions. F. ARTICLE 11 - INSURANCE (see following !. (nine) pages titled: City of Denton Insurance Requirements for Contractors.) SUPPLEMENTARY GENERAL CONDITIONS - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its nE OMAI REVISED I0/12194 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AFF00BAI REVISED 10/12/94 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: bd A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ $2,000,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 4 [xl Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. Pq Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 1 10.1 10 of the Texas Worker's Compensation Commission (TWCC). [ I Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by company that carries the contractor's liability insurance at least combined bodily injury and occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance the same insurance Policy limits will be property damage per Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ l Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ l Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFFOOBAI REVISED I0/12/94 Insurance Requirements Page 6 ATTACHMENT 1 ( 1 Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - 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 governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01 1(44) for all employees of the contractor providing services on the project, for the duration of the project. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall 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. H. 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. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01 1(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal 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 AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will 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. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. AFFOOBAI REVISED 10/12/94 From : City of Denton/Fac.Mgmt. PHONE No. : 8175668242 Apr.14 1995 2:32PM P03 BID-.BOR LUMP SUM CONTRACT BID ITM4 No. - 1729_ Date:_ FEB. 16, 1999 N Proposal of ABLE $ EET METAL AND AIR CONDITIONING INC. (hereinaftar Called Kidder"), *a corporation, organized and existing under the laws of the State of Texan, *a partnership or *an individual, doing businogg ag: TO: CITY OF DENTON PlURCHASING DErARTMENT ATM Tors SHAW 201--s Tsxhs ST. DENTON, TMAS 76201 Gentlemen:4 } s. The undersigned, in complianCs with your invitation for bids for the ROOF TOP H.V.A.C. REPLACEMENT FOR NORTH LAXEs RECREATION CCEENTER AND_DENIA P CRE TION CENTER in Denton, Texas, having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions u urrounding the construction of the proposed work, hereby proposes to furnish all labor,.. material, equipments, and supplies and to. construct the projecttin accordance with the Contract Documents, and at the price set,,forth below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents df which this proposal is a part. The undersigned also has reviewed information on the Information and Data sheet provided and agrees that these units are direct replacements of old units rind have the capacity (heating and cooling) to supply the building, taking into consideration the. actual events,.• programs and usage of That building. The undersigned also acknowledges that there are two separate buildings of identical floor plans and square footage containing 5 units each (10 total) but that usage of buildings differs. ADDENDA The Bidder further agrees, and acknowledges, the following Addenda have been received and that the entire contents thereof have been incorporated into this Proposal: No. , dated) No. , dated No. , dated No. , dated PROPOSAL FORM - 1 APR 14 '95 15:19 8175668242 PAGE.003 From : City of Denton/Fac.Mgmt. PHONE No. : 0175GG9242 Apr.14 1995 2:33PM PO4 r ITEH NO. i Bidder agrees to perform all of the work described in the specifications and shown on the drawings for Denia and North Lakea for the sum of SIXTY NINE THOUSAND TSII rt IIUNDR D 6 00/1"0n S 6 Q9 00 ** **Amount shall be shown in both words and figures. In ease of discrepancy., the amount shown in words will govern. ALTERNATR No. i Bidder agrees to perform all of the work described in the Automatic* Temperature Control section of these specifications for Denia and North Lakes Recreation Contorts for the cum of TWRNTY THOUSAND S 00/1.00 **Amount shall be shown in both words and figures. in ease of discrepancy, the amount shown in words will govern. Nam NORRISM NERLY Company ABLE SHEET M .jhL AND AIR QNnXT.xoN'rur TNr t - , Address P.O. BOX 50297•' DENIQN. TX, 762Uj Phone _817-566-6406 [ Fax 8 7-566 -fiqj9 PROPOSAL FORM - 2 APR 14 195 15:19 8175668242 PAGE.004 JUN-23-195 FRI 14:49 ID:MACSOM AGENCY INC. TEL 110:214 490-3Q.20 9714 P02 ACORD� w� WWo�» 3 • � THE MACHOS AGENCY P.O. BOX 515366 12655 N CENTRAL EXP #1010 DALLAS, TX 75251-5366 iNFCWMYM ON4.Y ANDFCmmm NOMfUTIE! IS�itlaFiTD� O�I0ATE vwER Don ALTER THE COVEMQK A6M�Mto DY FWD E BELOW. OOW NQ2onng O0MW INSURANCE GROUP "UAW , ABLE SHEET METAL 8 9 AIR CONDITIONING CO., INC. oouwlNr P.O. BOX 50297 DENTON, TX 76206 OMPAW D THIS M TO CERTIFY THAT THE POLICIES OF INBMRANCE LISTED BELOW HAVE MN ESUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITNIBTANDINO ANY N WREMENT, TERM OR OONDMON OF ANY CONTRACT OR OTHER DOCUMENT WmN RESPECT TO WNICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE VISURANCE AFFORDED Wall! POu m 060C UD HamN IS SuWW TO ALL THE TERMRI, EXCLUSIONS AND CONDMON® OF SUCH POLICIES, UMITS SHOWN (MAY HAVE BEEN BY PAID CLAIMS, TV" OF UMURARCUMnPW POYCYMIIMStlR h RATXPWPWM LAM 10101ALLWM G9fRALAppR6pA16 100 0 X NIOCUORI-O4U>' 000 i 50000 A owwmimmoummumL" CLMA Mce (R OCCUR Al 22099398 07/16/94 07/16/95 q' rMK4LaAO *Uw 50000 WHOOOIwgE t 0 OWNMSCONW4070 SWIM rM AVM Wo 1 500 m ar 0 A AurouoSnSuuunY AwAUTo BUA 1 2209 93 84 07/16/94 07/16/95 "URrr r 5 00 X A Auraw+foAulur SOY�LM.m MIlidWAMW Wmar rloHaAml®Auroo SNU4OE UADUAV A M W4V -BA AOCWW VIlWTM AUWQMX ANVAUTO NACN ACOMR Tr r A CKWNSUASrnr S ummeuAmm HINDER 05/01/95 07/15/95 RualoaCURAIRM 9 200000 AWMMTE S 00000 S 112.9 OTHER THAN UMBREUA FORM WORKERS COMPOW1110M AND ZMPWVW UARIILIIY MIKAMAAf�DR r,; , 'S I H0. O"Cvem m 1a01MASE.PdJO� URi S noreAa.m►nRPLarwl i oTurm AUTO PHYSICAL BUA122099384 07/16/94 07/16/95 *$100 DED COMP DAMAGE *APPLICABLE TO THE / / / / *$250 DED COLLISION 1AUTOS DESI AT onaurn" or cWVAT101MAD"TI0iWWMCViNlw 1AL11WA ATTN: JODY HAYS 9"WAB ASr Or nM ADM SMOIOi POLIMI SR WA MM W 00IM WE oll"m ON an 1Rw0I. TNr OVA" OOMrNBY wu 21I019" to h" CITY OF DENTON lu— an w mSS O0m w/ wE 0RBITYIOAw11Ewin1 SM/S ro wr UPI. 9 01 B TEXAS 8T . wrr rmmw mat a sm N I I I - wMu u w Gum"ON OR uAMUM DENTON, TX 76201 or ANY 00 VM wr A W OR WASI xtATNEL Aum=1211 JUN 23 195 14:54 MACSOM AGENCY INC. PAGE.002 JUN-14-195 WED 13:05 1D:MACSOM AGENCY INC. TEL NO:214 490-3e20 41451 P02 AlDllttll. rlTODuc•R PAT MCCURLEY P.O. BOX 292063 LEWISVILLE, TX. 75029-2063 06 4 °"" 95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THIE CERTIFICATE ALTER THTHISD OR COVEERAGE AFFORDED BY OT TNEMEP AMENDEXTBELL COMPANIES AFFORDING O COAWANY A TX. WORKERS COMPENSATION FUND NH"m COIAFANY Able Sheet Metal A A/C a F 0 Box 50297 COMPAW Denton, TX 76026 a CaMFANY D THI818 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE DEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD INDICATED, NOTWITH$TANDINO ANY REQUIREMENT, TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DEDCRIDED HEREIN IS SUW= TO ALL THE TERMS, E(CLUSIONS AND CONDITIONS OF SUCH POUCIE& LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C W M& to LTNTTT E o► M1wRAKCM ►ouett wuIIDER "�°°'""' q' inm QINV"L"UTY COWERCULOHDADIALLIAIHAl1Y cm swm ❑ COCUR OvmWeACONTRAOTORSPI DT 3ENERALA0GRRLATE PROOUCTS•24MAT4 • PITeONALAADVINAATY • LIC" • IARMOAMAW a • MIN) W 4m AUTOMMLE UADIUIY ANYAUTO ALL ONTHEDAUTOD 90HEDLAZDAUTOB IHON04NMGA00e OOLWDHmEWOLMLM,Mf • Y� • RUP& CAMAOD • uRkuumun ANYAUTO AUTOONLY•MAACCDENT s OnKRTHAN AVTOOILY' EACH AOCIDW • ADQAWTE • aoos UAIRM UMRFeUA FORM o7HE m rAM LUMOL A FORM EAGI meeU l • A06MMATE A w0waM COMFtwMT10N "D EYFLovam,L"Uw rpmX INa PAM oFFicrAe Alae" oroL TSF 223493-01 07/16/94 07/16/95 is NTAWMM WM 'i'i ',�' ; ,' ,. rc • . . EACHACOK)Ur 5 OUFs•e•FouaYLIMIT ► 50000 DI•lAMM • MACH MMFLOYIY • oTNHw bucmpnowa0p1"mow•ADCATI "vv4eeI^"eALnewt ATTN: JODY RAYS CITY OF DENTON 9 01 B TEXAS ST . DENTON, TX 76201 &4DtRD ANY OF TTO AWN DUCHRM FCLICI•e M CANOO1af0 I V A I THN M04MTM DATE TRW", IM "WAD HwTr►AW TYNL tDt MVOR TD MAL 3 Q_ DIAYe Tm nm mmm To Tee comnrATe Hwxmm RALTFD To me Lm, OW FMU M To MAIL SUCH EMU WU4L Drove No G@UMrAp Op UAMRTTY of AW KM UPON THE OQUIRAW. ITS MW" OR 04PMMMMM JUN 14 195 13:09 MACSOM AGENCY INC. PAGE.002 UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY AS�y Infotmat" OPAX Universal 8 Universal Surety of America TX 7616246 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint Bobby W. Bush of Dallas and State of Texas its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Bonds not to exceed $1,250,000.00 unless such is accompanied by letter of authority signed by the President, Secretary or Executive Vice President of Universal Surety of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the stated limitations, and such authority is to continue in force until 3/31/97 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the I lth day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimihe signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto affixed this 7th day of January, A.D., 1993. UNIVERSAL SURETY OF AMERICA State of Texas :i�6 JJ/,tom,\\�/ e+i5 SS: p : /' ` :a County of Barris '� u+xr,; Jo nox, Jr. President On this 7th day of January, in the year 1993, before me, Angela P. Daigle, a notary public, personally appeared John Knox, Jr., personally known to me to be the person who executed the within instrument as President, on behalf of the corporation herein named and acknowledged to me that the corporation executed it. Pmmy4 -i "£ A C •t s •+,ra,f•�';' jU Notary Public xuxm�� I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect. GIVEN under my hand and the seal of said company, at Houston Texas, this day of 19 Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may telephone (713) 7224600, 6226-6275/050