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Home My WebLink About2006-313ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE COOPERATIVE PURCHASING NETWORK (TCPN) FOR THE ACQUISITION OF HVAC AIR - CONDITIONING UNITS FOR EIGHT CITY OF DENTON FACILITIES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 362 1 -INTERLOCAL AGREEMENT FOR PURCHASE OF HVAC AIR CONDITIONING UNITS WITH TCPN AWARDED TO THE TRANE COMPANY IN; THE AMOUNT OF $396,440). WHEREAS, pursuant to Ordinance 2005-033, The Cooperative Purchasing Network (TCPN) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the Citv Manager or a designated employee has reviewed and recommended µ that the herein described materials, equipment, supplies, or services can be purchased by the City through The Cooperative Purchasing Network;(TCPN) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE F NUMBER VENDOR AMOUNT 3621 TCPN/Tian $396,440 SECTION 2. By the acceptance and approval of the above numbered items set forth in w a the referenced file, the City accepts the offer of the persons submitting the bids to the TCPN for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the TCPN, and the purchase ,- orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by TCPN, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the r` Proposal submitted to TCPN, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and'approval of the above enumerated items, the City. Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 74 day ofe412006. PERK . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS Tq LEGAL FORM: EDWIN M. SN)ITY ATTORNEY 3-ORD-File 3621 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 7 day of November A.D., 2006, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Trane 1400 Valwood Parkway Suite 100 Carrollton TX 75006 of the City of Carrollton, Texas, County of Dallas 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: File 3621 Acquisition and installation of air conditioning units for eight City of Denton facilities in the amount of 39$ 6,440 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph 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. 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: AO *NOTE: Subject to your acceptance of Trane dated 9119106. ATTEST: nn ^ City of Denton OWN BY: ll V-3 Terms and Conditions(aa`i Aerenced in Trane Proposal CA-3 Trane, a division of American Standard Inc. CONTRACTOR Baron Vogelsberg Contract Specialist 1400 Valwood Parkway, Suite 100 Carrollton, TX 75006 Local MAILING ADDRESS (972) 406-3650 Local PHONE NUMBER (972) 243-1398 FAX NUMBER BY: IT Baron Vogel erg Contract Specialist , PRINTED NAME (SEAL) 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 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 read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". • 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. 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, ifso noted: [X] 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 (XCLI) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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. [X] 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 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] 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"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] . Fire Damage Legal Liability Insurance 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. [ ] 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. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ X] Additional Insurance Contractor shall obtain, pay for and maintain umbrella or excess liability insurance during the contract term, insuring the Contractor for an amount not less than $5,000,000 per occurrence, combined limit for bodily injury and property. Said insurance shall follow the form of and apply in excess of the primary liability insurance policy required above. Additionally, the policy shall provide "drop down" coverage when the underlying primary insurance coverage limits are insufficient or exhausted. The City of Denton shall be named as an additional insured. ATTACHMENT [X] 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 foodibeverage 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 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 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. L 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 401.011(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 (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. MAME0 TCPN TCPN Proposal The Cooperative Purchasing Network Prepared For: Date: 9-19-05 Customer Name: Dean Hartley — City of Denton TCPN Customer Number. 02-10539 TCPN Proposal Number: 02-10539-06-001 CRM #: 323130 Job Name: City of Denton 2006 Capital Campaign Delivery Terms: Freight Allowed and Prepaid A Trane Design / Build Project Payment Terms: Net 30 Days: 1%discount it paid Win 10 days Trane is pleased to provide the following turnkey proposal for your review and execution based on TCPN pricing guidelines and the available information. Scope of Work: Fire No. 5: • Labor and material to change out three existing split systems to include: ✓ City: 3 Tag(s): (2)3 Ton, 5 Ton ✓ Split System Cooling Outdoor Unit 13 SEER ✓ Nominal Cooling Capacity ✓ 200 - 230 Volt 1 Phase 60 Hertz ✓ 80% AFUE gas furnace ✓ 115/1/60 ✓ Evaporator coil ✓ Programmable thermostat ✓ Head pressure control ✓ Crankcase heater kit Fire No. 6 • Labor and material to change out three existing split systems to include: ✓ Qty: 3 Tag(s): 3 Ton, 2.6 Ton, 5 Ton ✓ Split System Cooling Outdoor Unit 13 SEER ✓ Nominal Cooling Capacity ✓ 200 - 230 Volt 1 Phase 60 Hertz (5 ton is 208/3) ✓ Furnace unit — 80% AFUE ✓ Heating input BTUH ✓ 115 VoIV1 phase/60 hertz ✓ Cased cooling only coil ✓ TXV-Non bleed ✓ Programmable thermostat ✓ Evaporator defrost control ✓ Crankcase heater kit Senior Center • Labor and material to change out the rooftop units to include: ✓ Qty: 5 Tag(s): (2)15 Ton, (2)20 Ton, 3 Ton ✓ Crane and Rigging Charges Denia ✓ Standard packaged gastelectric rooftop unit ✓ Nominal cooling & heating capacity ✓ 208/3/60 power supply ✓ Economizer with barometric relief ✓ Condenser coil hail guard ✓ Adapter Curbs ✓ Enviromatic Control System Installation Labor and material to change out the rooftop units to include: ✓ Qty: 5 Tag(s): 25 Ton, (4)7.5 Ton ✓ Crane and Rigging Charges ✓ Standard packaged gas/electric rooftop unit ✓ Nominal cooling & heating capacity ✓ 208/3/60 power supply ✓ Economizer with barometric relief ✓ Condenser coil hail guard ✓ Adapter Curbs ✓ Disconnection and reconnection of misting TAC control system North Lakes • Labor and material to change out the rooftop units to include: ✓ Qty: 5 Tag(s): 25 Ton, (4)7.5 Ton ✓ Crane and Rigging Charges ✓ Standard packaged gaslelectric rooftop unit ✓ Nominal cooling & heating capacity ✓ 208/3/60 power supply ✓ Economizer with barometric relief ✓ Condenser coil hail guard ✓ Adapter Curbs ✓ Disconnection and reconnection of exsting TAC control system Goldfield • Labor and material to change out three existing split systems to include: ✓ My: 2 Tag(s): (2)3 Ton ✓ Split System Cooling Outdoor Unit 13 SEER ✓ Nominal Cooling Capacity ✓ 200 - 230 Volt 1 Phase 60 Hertz ✓ AHU fully convertible ✓ Non -bleed TXV ✓ 200-230/1/60 ✓ Programmable thermostat ✓ Head pressure control ✓ Crankcase heater kit ✓ Electric Heater American Legion • Labor and material to change out three existing split systems to include: ✓ Qty: 2 Tag(s): 2.5 Ton, 5 Ton ✓ Split System Cooling Outdoor Unit 13 SEER ✓ Nominal Cooling Capacity ✓ 200 — 230 Volt 1 Phase 60 Hertz ✓ 80% AFUE gas furnace ✓ 115/1/60 ✓ Evaporator coil ✓ Programmable thermostat ✓ Head pressure control ✓ Crankcase heater kit EFLB • Labor and material to change out the rooftop units to include: ✓ Qty: 1 Tag(s): 25 Ton ✓ Crane and Rigging Charges ✓ Standard packaged gas/electric rooftop unit ✓ Nominal cooling & heating capacity ✓ 208/3/60 power supply ✓- Economizer with barometric relief ✓ Condenser coil hail guard ✓ Ductwork replacement to the building ✓ Disconnection and reconnection of existing TAC control system The Cooperative Purchasing Network Pre-arranged/Pre-approved Total Price (excluding taxes)....... $ 396,440.00 Exclusionts) / Clarification(s): • Project Management coordination is included • Factory Startup is included • One year parts and labor warranty on entire installation is included • No contingency has been carried in our proposal • Permitting Costs are not included • Disconnection and reconnection of existing life safety system only. Trane has not included V party verification and or validation • All work to be performed during normal working hours • While all work performed by Trane will meet all state & local codes, Trane cannot be held responsible for existing code violations (if any). There correction repair and or upgrade is not included. NOTE: PLEASE SEND ALL PURCHASE ORDERS TO: Attn: Joe Lucash— National Account Executive Fax 972-243-1398 Trane appreciates the opportunity to be of service to the City of Denton. If there are any questions concerning this or any other matters, please call. Sincerely, Joe Lucash & Brain Smith National Account Executive 1400 Vatwood Parkway, Suite 100 Carrollton, TX 75006 Phone: (972)406-3650 Fax: (972)243.1398 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON Bond No. DBG295401 KNOW ALL MEN BY THESE PRESENTS: That Trane whose address is 1400 Valwood Parkway Suite.100 Carrollton TX 75006 , hereinafter called Principal, NaopaofoPittsburgh. ! and National IA%, a corporation organized and existing under the laws of the State of PA , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, -in the penal sum of Three Hundred Ninety Six Thousand Four Hundred Forty Four and 0/100q)6LLARS ($ 396,440 m lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006-313 , with the City of Denton, the Owner, dated the 7 day of November A.D. 2006✓, a copy of which is hereto attached and made a part hereof, for File 3621 Acquisition and Installation of Air Conditioning NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. 'e t This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed incopies, each one of which shall be deemed an original, this the 7rh day of Nnvemhar , 2006 ATTEST: BY: 5,A9V/T/#M Witness ATTEST: 4, BY: 1 Cynt a Farrell, Attorney -in -fact Trane, a division of.,American Standard Inc. BY: EItFiSILY»DQ7I/ n elsberg Contract -Specialist SURETY : National Union Fire 'Insurance Company of Pittsburgh, PA BY: / ATTORNEY -IN -FACT Debra A. Deming The Resident Agent of the Surety in Denton County, Texas for delivery of notice and senice of the process is: NAME: AON Risk Services of Texas, Inc. STREET ADDRESS: 1330 Post Oak Boulevard, Suite 900, Houston, T% 77056 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) W.. 0 %F P_'j F A.:, ;z �0 p .... ..... .. ....... P0WER'0F:ATT0RNEV-.'.' ... ...... ..... ��..,STATE OENEW N COUNTY OFNJENN a thi s , 2 n . d d a y oj officer ofAmmican He Insurance Company of Individuals and officer d foreping nas"crit an authority f, III office. 01rity 0- -s T p j CF Exerpls of Resolutioris p A: on May 18, 1976: "RESOLVED,, that da and act for and onbenal thereof and t I o .. attach th .. .. ...... �w certificate r65tinthefic binding upon tfie Comp ... nature.theTe0f; MESOLVED, that an cerh ication.the date tht N E., I, Elizabeth M. Tuck7.S, of n Arricrican Horne Assunarice Company of National Union Fire Insurance Company of Pittsburgh Pk d6 hcreby certify .- I . - 1 Z.— I --- .: - -- 1.- -1 1. - I ..-I -1- .. National Union Fire Insurance Company of Pittsburgh, Pa. Executive Offices 70 Pine Street New York, NY 10270 STATUTORY FINANCIAL STATEMENT as of DECEMBER 31, 2005 Assets Liabilities Bonds .................................................... $ 10,806,318.683 Reserve for Losses and Loss Expense.. $ 11,939,929.981 Stocks .................................................... 8.556.125,371 Reserve for Unearned Premiums.......... 4,291.223,545 Collateral Loans ........................................ - Reserve for Expenses, Taxes, Cash & Short -Term Investments... ................ 219,566,751 Licenses and Fees....................... 120205,247 Agents' Balances or Uncollected Premiums.... 705,460,544 Provision for Reinsurance ................... 201.761.032 Funds Held by Ceding Reinsurers ................. 25,025,674 Funds Held Under Reinsurance Reinsurance Recoverable on Loss Payments.. 419,911,311 Treaties ...................................... 267,739,649 Equities & Deposits in Pools & Associations.. 609,771.878 Other Liabilities. ..... ...... .............. 3.399,419,369 Other Admitted Assets........... _................... 5,925 092 D52 Capital Stock...................:... I........... 4.478.750 Surplus ........................................... 8,042,514,691 TOTAL ASSETS ....................................... $ 28,267272,264 TOTAL POLICYHOLDERS' SURPLUS .................................... 8,046,993,441 TOTAL LIABILITIES AND POLICYHOLDERS' SURPLUS ......... $ 28,261,272.264 Bonds and stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at $ 1,505,901,551 in the above statement are deposited as required by law or othenvise pledged. CERTIFICATE John W. Keogh, President, and Richard T. Pisano, Comptroller, of National Union Fire Insurance Company of Pittsburgh, Pa. being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31 st day of December, 2005, the Company actually possessed the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore Indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of said Company on the 31 st day of December, 2005, according to the best of their information, knowledge and belief respectively. President / y i f R STATE OF NEW YORK COUNTY OF NEW YORK On this oday of March, 2006. before me came the above named officers of National Union Fire Insurance Company of Pittsburgh, Pa. to me known to be the individuals and officers described herein, and acknowledged that they executed the foregoing instrument and affixed the seal of said corporation thereto by authority of their office. 31079 (3103) WINCENT J, PATALAf4u P4WIO, Elite of Now Ye* Andmw in New Yo* ComY �rf.da 6a4iree Oetobar it 'Part C�j POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aigproducercompensation.com or by calling AIG at 1-800- 706-3102. PERFORMANCE BOND STATE OF TEXAS § BOND NO. DBG295401 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Trane i� whose address is 1400 Valwood Parkwa Suite 100 Carrollton TX 75006hereinafter called Principal, and a Iona neon ire nsurance a corporation organized and existing under the laws of the State of PA and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Three Hundred Ninety Six Thousand Four Hundred Forty and 0/100 DOLLARS ( 396 440 plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2006�313 with the City of Denton, the Owner, dated the 7 day of November A.D. 2006 ✓, a copy of which is hereto attached and made a part hereof, for File 3621 Acquisition and Installation of Air conditioning NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. Mml PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7th day of November , 2006 ✓ ATTEST: PRINCIPAL Trane, a division of American Standard Inc. BY: Witness BY: 0 oge sberg Con pecialist ATTEST: SURETY : National Union Fife insurance Company of _Pittsburgh, PA BY: thia Farrell, Attorney —in —fact BY: WL01 ATTORNEY -IN -FACT Debra A. Deming The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of me process is: NAME: AON Risk Services of Texas. Inc. STREET ADDRESS: 1330 Post Oak Boulevard, Suite 900, Houston Tx 77056 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) MUM �� 5 arid'affixed k2 do hereby certify pp nt thereto aie [rue Yoff�fodecn ,7N Secretary.•, y r*t{ ': .FRS National Union Fire Insurance Company of Pittsburgh, Pa. Executive Offices 70 Pine Street New York, NY 10270 STATUTORY FINANCIAL STATEMENT as of DECEMBER 31, 2005 Assets Liabilities Bonds .................................................... $ 10,806,318,683 Reserve for Losses and Loss Expense.. $ 11,939,929,981 Stocks .................................................... 8.556.126,371 Reserve for Unearned Premiums.......... 4.291.223,545 Collateral Loans ........................................ - Reserve for Expenses, Taxes, Cash & Short -Term Investments ................... 219.566,751 Licenses and Fees....................... 120,205,247 Agents' Balances or Uncollected Premiums.... 705,460.544 Provlslon for Reinsurance ................... 201.761,032 Funds Held by Ceding Reinsurers ................. 25,025.674 Funds Held Under Reinsurance Reinsurance Recoverable on Loss Payments.. 419,911,311 Treaties ...................................... 267,739,649 Equities & Deposits in Pools & Associations- 609.771.878 Other Liabilities, ..... ......................... 3,399.419,369 Other Admitted Assets ................................ 5.925.092 052 Capital Stock...................... _........... 4,478.750 Surplus ........................................... 8,042.514,691 TOTAL ASSETS ....................................... $ 28.267,272,264 TOTAL POLICYHOLDERS' SURPLUS .................................. .. 8,046,993,441 TOTAL LIABILITIES AND POLICYHOLDERS' SURPLUS ......... $ 28,267,272.264 Bonds and stocks are valued in accordance with the basis adopted by the National Associalion of Insurance Commissioners. Securities carried at S 1,505,901,551 in the above statement are deposited as required by law 0r otherwise pledged. CERTIFICATE John W. Keogh, President, and Richard T. Pisano, Comptroller, of National Union Fire Insurance Company of Pittsburgh, Pa. being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31 st day of December, 2005, the Company actually possessed the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of said Company on the 31 st day of December, 2005, according to the best of their information, knowledge and belief respectively. President / I/ '—.01 STATE OF NEW YORK COUNTY OF NEW YORK On this3oday of March, 2006, before me came the above named officers of National Union Fire Insurance Company of Pittsburgh, Pa. to me known to be the individuals and officers described herein, and acknowledged that they executed the foregoing instrument and affixed the seal of said corp01`88011 literate by authority of their office. Y1t1tRc� � hb.TaJl.no 31079 (3103) *INCENTl. PATALANtu Fblb. ):rate of New Malt Na.31.087427 Qvidw" in New Ya* coultilly 0"'ltl0Blpolq Omober IS I" cm POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aigproducercomponsation.com or by calling AIG at 1-800- 706-3102. TIRCICTWGE._ ` _w :s rir BR RTGEUME63538 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Willis North America, Inc. Regional Carl Center UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE ODES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. 26 Century Blvd. COMPANIES AFFORDING COVERAGE PO Box 305191 COMPANY A: American Home Assurance Company COMPANY B: National Union Fire Insurance Company of Pittsburgh, PA Nashville, TN 37230-5191 ^ p ` INSURED -r COMPANY C: St. Paul Fire and Marine Insurance Company ATTN: FINANCIAL MANAGER American Standard Inc. dba Trane✓ d Parkway, Ste 100, (P.O. Box 814609 ;Dallas, TX 75381-4609; 1400 , Texas Dallas, Texas 75234 COMPANY D: The Charter Oak Fire Insurance Company COMPANY E: The Travelers Indemnity Company of America COMPANY F: Travelers Property Casualty Company of America P rty Y P Y COMPANY G. Zurich American Insurance Company United Stales Telephone 972-919-2314 -- !®LOVER%iGE5'.., -§`xt-..- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIRMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN 15 SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDD IYY) POLICY EXPIRATION DATE IMM/OD/YY) LIMITS Al GENERAL LIABILITY GL7217184 ✓ 4/1/2006 4/1/2007 GENERAL AGGREGATE $5,000.000.00 COMMERCIAL GENERAL LIABILITY X PRODUCTS - COMPIOP AGE $12,000.000.00 CLAIMS MADE OCCUR X❑ PERSONAL BADV INJURY $2,000,000.00 EACH OCCURRENCE $2,000,000.00 OWNER'S 3 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $2,000,000.00 MED ESP (Any one person) $25,000.00 F AUTOMOBILE LIABILITY X/ ANYAUTo ✓ TC2JCAP-1 64TB81 1 -00� 4/l/2006 4/1/200 COMBINED SINGLE LIMIT $5,000,000.00 X ALLOWED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per acdEenl) NON -OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE - B EXCESS LIABILITY BE 4485290 4/1/2006 4/1/2007 EACH OCCURRENCE $5,000.000.00 �( UMBRELLA FORM AGGREGATE $5,000,000.00 OTHER THAN UMBRELLA FORM E D P F WORKERS COMPENSATION AND EMPLOYERs'LMeIUTY THE PARTNESIEXEPROPRIETORS TIVE INCL OFFICERS OFFICERS ARE: EXCL TC2HUB-218T1417-06 TC2GUB-204T6834-06✓ TWXJUB-266T5633-06 TRJUB-169T4514-06 4/l/2006 4/l/2006 4/1/2006 4/l/2006 4/1/2007 4/1/2007 4/i/2007 4/1/2007 _7TATDTORY R. y .._ E EACH ACCIDENT $ 2,000,000.00 EL DISEASE -POLICY LIMIT $2,000,000.00 EL DISEASE -EACH EMPLOYE[ $2,000,000.00 OTHER Z3 W U"N lit DESCRIPTION OF OtWTIONSILQ ATIONSNEHICLESISPECbA ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) ZE Please sgK pagafor addiitdnal information. J ;CERTIF.FWITEIL'DER, .�"" "., .. , . "'CANCELL'ATIONF CCity Of ton, ibOKCIaIID—Agents, Employees and Volunteers 215 EasMACKI Street Denton Ki 1, SHOULD MY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFDNE THE E%PIMTION GATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL W L: S WRITTENNOTICETO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABLITY OF AN KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. TX 76201 Willis NoM America, Inc. BY: Kevin Houston r_ i i/