Loading...
HomeMy WebLinkAbout2001-020ORDINANCE NO �qDOr- ©,A 1) AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RENOVATION OF THE HEATING VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM AT CITY HALL EAST ENGINEERING SECTION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2620 — CITY HALL EAST / ENGINEERING SECTION HVAC RENOVATION AWARDED TO THE LOWEST RESPONSIBLE BIDDER ,CBS MECHANICAL INC, IN THE AMOUNT OF $ 79,885) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2620 CBS Mechanical Inc $ 79,885 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified to such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of 6kw, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY � )17 � X� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 7�, BID 2620 - CONTRACTUAL ORDINANCE 12-2000 ? / e 7 0 3 2 of L L 2 (D 2 L d m « L � « � � 0 « 2 O / » z 2 C L Of k LU > z t z k §;2 Lcul UM, 0 \ \ k 2 }m � \ zz ' « I $ EEC U §�) ) x r @ 2 § $ § ] E 2 > o Z e » ¥ § § § & � 2 o R Mn o ■ ■ § _ z n 2 Itm 2 z 0 ] ± o ui E ~ m 0 c § @ 0 « IL e 0 2 CL o ƒ 0 �En\"EE 110-cv - CONTRACT AGREEMENT efy.-o STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this _day of 7animry A D , 2001, by and between City of Denton _of the County of Denton and State of Texas, acting through Michael W. Tez thereunto duly authorized so to do, hereinafter termed "OWNER," and 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 .6 6- City Hall Fast / Engineering Section HYAC Renovations in the amount of 179 RR5 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, m4urance, 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 the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA - 1 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 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 tune 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 APPROVED AS TO FORM CITY ATTORNEY CA-3 (SEAL) CONTRACTOR CBS MECHANICAL. INC. DENTON TESAS 76207 MAILING ADDRESS 940/387-7568 PHONE NUMBER 940/382-89M FAX NUMB ;R BY *�� TIT E DANIEL R. RRESS VICE PRESIDENT PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON § Bond 1#46BCSAL3129 KNOW ALL MEN BY THESE PRESENTS That CBS Mechanical inc. whose address is 50011Iniver¢ity non TX 76207 hereinafter called Principal, and Hartford Fire Insurance Company a corporation organized and existing under the laws of the State of Connecticut , 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 Seventy Nine The nnsand Fight Hundred Eighty Five and no/100 DOLLARS ($ 7Q,885) 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 not 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 i entered into a certain Contract, identified by Ordinance Number 2000-020, with the City of Denton, the Owner, dated the 2 day of January A D 2001, a copy of which is hereto attached and made a part hereof, for Bid # 2620 - City Hall East / Engineering Section HVAC Renovation, 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 I 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 PB - 1 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 —2._day of January 2001 ATTEST BY ulwb-4 SE TARY PRINCIPAL CBS Mechan cal, Inc _ BY AL-, — PRESIDENT WIMM SURETY WITNESS; BY a�'�-t'/t�c,r�� /'' �Jiirit Hartford Fire Insurance Company Y ATTO CT- Tracy Tucker Dallas The Resident Agent of the Surety in Vevd iI4 County, Texas for delivery of notice and service of the process is NAME William Lawrence Brown STREET ADDRESS 10300 N Central Expy #580 Dallas, TX 75231-8630 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § Bond 1146BCSAL3129 KNOW ALL MEN BY THESE PRESENTS That CBS Mechanical Inc. , whose address is 5001 university, Denton TX 76207 , hereinafter called Principal, and Hartford Fire Insurance Company , a corporation organized and existing under the laws of the State of CT 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 Seventy Nine Thousand Fight Hundred F.ightty Five and nn/1o0 DOLLARS ($ 79.8R5) 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 2000-020 , with the City of Denton, the Owner, dated the 2 day of January A D _2001 , a copy of which is hereto attached and made a part hereof, for Bid 2620 — City Hail East / Engineering Section VAC Renovation, 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 PB-3 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 2 day of January , 2001 ATTEST BY A1 SECRIPRY PRINCIPAL CBS Mechanical, Inc BY---,� 4, PRESIDENT AaMEM SURETY WITNESS: Hartford Fire Insurance Company BY B TO - - ACT - Tracy Tucker The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME William Lawrence Brown STREET ADDRESS 10300 N Central Expy. #580 Dallas, TX 75231-8630 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) W HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents. That HARTFORD FIRE INSURANCE COMPANY a corporation duty organ2ed under the laws of the State of Connecticut and having its principal office in the City of Hartford County of Hartford State of Connecticut, does hereby make consetute and appoint TRACY TUCKER, TOBlN TUCKER and W LJWRENCE BROWN of FORT WORTH TEXAS its true and lawful Attomey(a)-irt-Fad, with full power and authority to each of said AtWneAaHn-Foci in that separate capacity it more than one is named above to sign execute and acknowledge any and at bonds and undertakings and other writings obligatory in the main thereof on behalf of the Company in its business of guaranteeing the fidelity of penans holding places of public or private trust guaranteeing the performance of contracts other than Insurance policies guaranteeing the performance of Insurance contracts where surety bads are accepted by statee and mtncipettee, and executing or guaranteeing bonds and undertakings required a permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Otka of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by are other at such Officers and hereby ratites and confirms at that its sad Attomey(sHn-Fact may do in pursuance hereof This Power of Attorney is granted under and by authority of the Bylaws of HARTFORD FIRE INSURANCE COMPANY riles, Compari as amended by the Board of Directors at a meeting duly called and held on Juy 9 1997 m follows ARTICLE IV SECTION 7 The President or any Vice President or Assistant Vice•Preaident, acting with any Secretary or Assistant Secretary shall have power and authority to sign and exetxAe and attach the seal of the Company to bonds and undertakings. recdngractimt mntiaas of ademndy and other writings; obligatory in the nature thereof and such instruments so awed and executed. with orvmhout the common seal shall be valid and binding upon the Company SECTION 8 The President a arty Vice -President or any Assistant Vice President acting with any Secretary or Assistant Secretary shag have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof one or more resident Vice Presidents resident Assistant Secrelartes and Attorneys -in -Fact and at any time to remove any such resident Vl sPresident resdem Assistant Secretary or Attorri Fad, and revoke the power and authority given to him Resolved that the signatures of such O8lcers and the seat of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such fambnge signatures or facsimile seal shalt be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached In Witness Whereof HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President and its corporate seal to be hereto affixed duly attested by its Secretary this 14th day of May 1999 Paul A Bergenholtz Assistant Secretary STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD 77 HARTFORD FIRE INSURANCE COMPANY f /0. f� 4 SaiAL .M1rd? Robert L Post Assistant Vice President On this 14th day of May A D 1999 before me personally came Robert L Post to me known who being by me duly swom did depose and say that he resides in the County of Hartford State of Connecticut that he is the Assistant Vice -Precedent of HARTFORD FIRE INSURANCE COMPANY the corporation described in and which executed the above instrument that he knows the seal of the sad corporation that the we affixed to the said instrument is such corporate seal that it was so affixed by Oder of the Board of Dirwwm of said mrporaeon and that he signed his name thereto by like order (✓ a JyDys Jean H. Wozniak Notary Pubirc CERTIFICATE My Connuswm Expires June 30 2004 I the undersigned Secretary of HARTFORD FIRE INSURANCE COMPANY a Connecticut Corporation DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that Aside N Sections 7 and 8 of the By4.aws of HARTFORD FIRE INSURANCE COMPANY set forth in the Pourer of Attorney are now in force Signed and seated at the City of HeNard Richard L Marshall Jr Assistant Secretary Dated the 2nd dayd January 20 01. SEAL \ 1 i`gbrrwccY /�� J Dennis Lane AssistantVice President Form S-3507-9 (HF) Printed in U S A towh_ PRODUCER 01/05/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TDcxea AGENCY INC P 0 Box 2285 ONLY AND CONFERS NO RIGHT'S UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY NORTHERN INS CO OF NEW YOAX FORT WORTH TX 76113 (817) 336-8520 INSURED C85 MECHANICAL INC COMPANY B VALIANT INSURANCE COMPANY COMPANY C NATL ONION INS CO OF PITTSBURG 5001 W UNIVERSITY DRIVE DENTON TX 76207 COMPANY D $`WMOM, a>f0, A 4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS co LTA TYPE OF INSURANCE POUCYNUMBER POUCYEFFECTVE DATE (MM/DOMT POUCYEXPIRATION DATE (MMMWYY) LIMITS GENERA. LIABILITY GENERAL AGGREGATE $ 2 000 000 X PRODUCTS COMP/OP AGO $ 2 000 000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR CON58951871 09/01/00 09/01/01 PERSONAL&ADV INJURY $ 1 000 000 EACH OCCURRENCE $ 1 000 000 OWNER S& CONTRACTOR S PROT X FIRE DAMAGE (My one Ere) 8 50 000 A PER PROJECT AGGREGATE MED EXP (Any one person) $ 5 000 A AUTOMOBILE LIABILITY ANY AUTO CON58551921 09/01/00 09/01/01 COMBINED SINGLE OMIT $ 1 000 000 X BODILY INJURY (Por person) $ ALLOWNED AUTOS SCHEOULEDAUTOS X 8001LY INJURY IPW=IderN $ A A HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ GARAGE UABILITY AUTOONLY EAACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE 1 $ EXCESS LIBIUTY EACH OCCURRENCE Is 10 000 000 AGGREGATE $ 10 000 000 C X UMBRELLA FORM BE7018034 09/01/00 09/01/01 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X EMPLOYERS LIABILITY EL EACH ACCIDENT $ 500 000 B THE PROPRIETOR/ X INCL PAFTTNERS(EXECUTNE TC158585879 09/01/00 09/01/01 ELDISEASE POUCYUMIT $ 500 000 EL DISEASE EA EMPLOYEE $ 500 000 OFFICERS ARE EXCL OTHER DESCRIPTIONOFOPERAnONS/LOCATNINSNENICLE$/SPECIALMIMS Re City Hall East/HVAC Renovations -- City of Denton, its Officials, Agents, Employees & volunteers are named additional insureds on all policies except workers compensation This insurance is primary. Waiver of subrogation in favor of City of Denton, its Officials, Agents, Employees & volunteers on workers compensation policy Said policies shall not be cancelled, nonrenewed or materially changed without 30 days advanced written notice being given to the Cit of Denton except when the policy is being cancelled for nonpaymen kA� r- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF DENTON }� DAYB WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAKED TO THE LEFT 901-B TEXAS STREET BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY DENTON TX 76209 OR ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE BIN SH 7O _ ^Vx�.H 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, am 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, ifso 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, tf so noted [X] A; General Liability Insurance: General Liability insurance with combined single limits of not less than V 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 [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 ansmg 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 sgbrogation 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 arse 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 carves the Contractor's liability insurance Policy limits will be at least T 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 [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and splecific 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 ATTACHMENT 1 [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 $ 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 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 401011(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 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 Bid 2620— City Hall East/Engineering Section HVAC Renovation — CONTRACT, Bonds & INS 1.2001 City of Denton HVAC RENOVATIONS CITY HALL EAST/ENGINEERING PROPOSAL (BID) FORM 12/18/2000 2 I I p.m (LOCAL TIME) TO: Purchasing Agent City of Denton, Texas 901-B Texas Street Denton, Texas 76201 Gentleman The undersigned having examined the Contract Documents entitled HVAC Renovations, City of Denton City Hall East/Engmeenng Solicitation No Z620 January 11, 2000 And having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposed to furnish all supervision, labor, materials, equipment, tools, and, accessories and to perform all work in accordance with said documents and addenda thereto for the stipulated sum of SEVENTY—NINE THOUSAND EIGHT HHNDRED EIGHTY—FIVE Dollars ($ 79,885 ) TOTAL BASE BID Total Materials Incorporated into the Project $ 63,000 Total Labor. Supervision and Materials $ 16,885 Not Incorporated into the Project AD ENDA: Acknowledge receipt of the following addenda which are part of the bidding Documents by placing Addenda #, Date issued and initialing Addendum No 1: 12/2o/oo �% Addendum No Addendum No Addendum No The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid! And, he further agrees to commence work within ten (10) days after written notice to proceed and to substantially complete the work on which he has bid within 60 days time Consecutive Calendar days subject to such extensions of time allowed by specifications 2620 City of Denton Solicitation No HVAC RENOVATIONS CITY HALL EAST/ENGINEERING January 11, 2000 The undersigned agrees that his bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding Enclosed with this Bid is a Certified Check for Dollars or a Bid Bond in the sum of SX OF _AB Dollars ($ 5% OF GAB ) which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 90 days after the bids are received and the undersigned fails to execute the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted, otherwise said check or bond shall be returned to the undersigned upon demand CBS NECBANICAL. INC. Contractor (firm name)) Y (If Corporation, attest and affix a Corporate Seal) Authorized Signature T. FRED EILAND, PROJECT MANAGER Title Address 5001 WEST UNIVERSITY DRIVE City, State, Zip Code DENTOx TEXAS 76207 Telephone Number 940/387-7568