1995-091 ORDINANCE NO. ~
AN ORDINANCE AMENDING ORDINANCE NO. 95-045 RELATING TO THE AWARD OF
BID NUMBER 1729 FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION
CENTERS FROM DRT MECHANICAL AND TO PROVIDE FOR THE PURCHASE OF HVAC
RENOVATION FOR RECREATION CENTERS FROM ABLE SHEET METAL AND AIR
CONDITIONING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City on March 7, 1995 authorized the award of a
contract for HVAC Renovation for Recreational Centers to DRT
Mechanical per Ordinance No. 95-045; and
WHEREAS, the City Manager desires to resend award to DRT
Mechanical for Bid 1729 and award the contract for purchase of HVAC
Renovation for Recreation Centers to Able Sheet Metal and Air
Conditioning; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 95-045 is hereby amended to
provide for the purchase of HVAC Renovation for Recreation Centers
from Able Sheet Metal and Air Conditioning pursuant to the terms of
Bid 1729.
SECTION II. That the award of Bid 1729 is hereby amended to
provide for additional compensation of $4,250.00; total price
payable to Able Sheet Metal and Air Conditioning $89,300.00 under
this ordinance.
SECTION III. That the funds for this amendment are to
expended from the Facilities Management Budget Funds approved by
the City Council in the 1994-95 budget.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~~ day of ~_ ,1995.
JENNIFER WALTERS, CITY SECRETARY
MICJ4AEL A.- BUCEK, ACTING/CITY ATTORNEY
DATE: MAY 2, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1729- HVAC RENOVATION FOR RECREATION CENTER
(RE-AWARD)
RECOMI~ENDATION: We recommend the award of Bid #1729-HVAC Renovation for
Recreation Centers to DRT Mechanical be rescinded and re-award be made to Able
Sheet Metai and Air Conditioning in the amount of $89,300.00.
SUMMARY: Bid #1729 for HVAC Renovation at both North Lakes and Denia
Recreation Centers was awarded to the lowest bidder, DRT Mechanical on March 7,
1995, in the amount of $85,050.00. Contracts were mailed to DRT on March 9, 1995.
On April 13, 1995, a representative of DRT, Mr. Rick McCauley, notified us that due
to financiai difficulty they were unable to acquire performance bonds and payment
bonds required in the bid and contract.
The contract has been withdrawn from DRT and the second lowest bidder, Able
Sheet Metal and Air Conditioning, has confirmed their bid price is still available for
acceptance.
We feel that if the bid from Able Sheet Metal is not accepted, we will see an increase
in price and completion time since school renovation projects are traditionaily
preformed during the summer. With the $4,250.00 price increase we are still well
under projected funds.
Able Sheet Metal intends to use the same make and model roof top air conditioning
units accepted from DRT.
BACKGROUND: Tabulation Sheet, Letter from Able Sheet Metal dated April 17,
1995.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Recreation Center
participants, Facilities Management Division, Able Sheet Metal.
FISCAL IMPACT: Funds for this HVAC Renovation project will come from 1994/95
budget funds Account Number #100-032-0002-8502.
Respec~y su.b~zitte~l~/ ~ /
Lloyd V: Harrell
City Manager
App~,oved:
Name: TomD. Shaw, C.P.M.
Title: Purchasing Agent
599 .AGENDA
BID NUMBER 1729 FOR THE PURCHASE OF HVAC RENOVATION FOR RECREATION
CENTERS FROM DRT MECHANICAL AND TO PROVIDE FOR THE PURCHASE OF HVAC
RENOVATION FOR RECREATION CENTERS FROM ABLE SHEET METAL AND AIR
CONDITIONING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City on March 7, 1995 authorized the award of a
contract for HVAC Renovation for Recreational Centers to DRT
Mechanical per Ordinance No. 95-045; and
WHEREAS, the City Manager desires to resend award to DRT
Mechanical for Bid 1729 and award the contract for purchase of HVAC
Renovation for Recreation Centers to Able Sheet Metal and Air
Conditioning; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 95-045 is hereby amended to
provide for the purchase of HVAC Renovation for Recreation Centers
from Able Sheet Metal and Air Conditioning pursuant to the terms of
Bid 1729.
SECTION II. That the award of Bid 1729 is hereby amended to
provide for additional compensation of $4,250.00; total price
payable to Able Sheet Metal and Air Conditioning $89,300.00 under
this ordinance.
SECTION III. That the funds for this amendment are to
expended from the Facilities Management Budget Funds approved by
the City Council in the 1994-95 budget.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~/~ day of ~_ ,1995.
ATTEST: BOB CASTLEBERRY, MA~ ~
JENNIFER WALTERS, CITY SECRETARY
MI~J4AEL A.v BUCEK, ACTING/CITY ATTORNEY
REVISED
DATE: MAY 2, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1729- HVAC RENOVATION FOR RECREATION CENTER
(RE-AWARD)
RECOMMENDATION: We recommend the award of Bid #1729-HVAC Renovation for
Recreation Centers to DRT Mechanical be rescinded and re-award be made to Able
Sheet Metal and Air Conditioning in the amount of $89,300.00.
S~RY: Bid #1729 for HVAC Renovation at both North Lakes and Denia
Recreation Centers was awarded to the lowest bidder, DRT Mechanical on March 7,
1995, in the amount of $85,050.00. Contracts were mailed to DRT on March 9, 1995.
On April 13, 1995, a representative of DRT, Mr. Rick McCauley, notified us that due
to financial difficulty they were unable to acquire performance bonds and payment
bonds required in the bid and contract.
The contract has been withdrawn from DRT and the second lowest bidder, Able
Sheet Metal and Air Conditioning, has confirmed their bid price is still available for
acceptance.
We feel that if the bid from Able Sheet Metal is not accepted, we will see an increase
in price and completion time since school renovation projects are traditionally
preformed during the summer. With the $4,250.00 price increase we are still well
under projected funds.
Able Sheet Metal intends to use the same make and model roof top air conditioning
units accepted from DRT.
BACKGROUND: Tabulation Sheet, Letter from Able Sheet Metal dated April 17,
1995.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Recreation Center
participants, Facilities Management Division, Able Sheet Metal.
FISCAL IMPACT: Funds for this HVAC Renovation project will come from 1994/95
budget funds Account Number #100-032-0002-8502.
Respec~y submitte~l '~
Lloyd V~ Harrell
City Manager
Appr4)ved: ~.
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
599 .A~ENDA
STATE OF TEXAS
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this Z 3 day of
MAY A.D., 19~95 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V.
thereunto duly authorized so to do, hereinafter termed "OWNER,,, and
ABLE SHEET METAL AND AIR CONDITIONING
P.O. BOX 50297
DENTON, TEXAS 76201
of the City of DENTON , County of nm~n
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1729-HVAC RENOVATION FOR RECREATION CEN~E~
in the amount of $89.300.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete th~ work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
THE FACILITIES MANAGEMENT STAF~
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
IndeDendent 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 Venu~
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.
(SEAL)
ATTE ST:
CONTRACTOR
P.O. BOX 50297
DENTON, TEXAS 76206
MAILING ADDRESS
817-566-6406
PHONE NUMBER
817-566-6419
FAX NUMBER
~TLE "/
NORRIS MCNEELY
PRINTED NAME
APPROVED AS TO FQ~.RM~: (SEAL)
~i y A orney
AAA0184~/
Rev~/28/94 CA- 3
BOND NO. TX 7616246 00
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That ABLE SHEET METAL ~JqD
aTn CO~nT~T~C~ T~C. , of the City of nW. NWON
County of DENTON , and State of TEXAS
as PRINCIPAL, and Universal Surety of America
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of EIGHR"f NINE THOUSAND T~R.F. HUNDRED and
no/100 Dollars ($ 89,300.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 3 day of MAY
19 95 , for the construction of BID # 1729-RVAC RENOVATION FOR RECREATION
CENTERS
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract· or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 6th day of June
19 95
Able Sheet Metal and Air Conditioning Universal Surety of America
Principal Surety
-/
- -/-. -/-f,
Ti~e FR ~b/~//~ Title Attorney-in-Fact
Address: P.O. BOX 50297 Address: 5440 Harvest Hill #172
DENTON, ~XAS 76206 Dallas, Texas 75230
(SEAL) (SE L)
'.
name and address of the Resident Agent of Surety"'~F~
The
The Macsom AKency~ Inc.
?. O. Box 515366, Dailas, Texas 75251-5366
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
BOND NO. TX 7616246 00
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That ABLE SHEET METAL AND AIR
CONDITIONING l~c of the City of DENTON
County of DENTON ., and the State of TEXAS
as principal, and Universal Surety of America
authorized under the laws of the State of Texas to act as surety on
bonds for principals· are held and firmly bound unto
THE CITY OF DENTON , OWNER, in the penal sum of
RTn.~v ~l~. ~n.~n ~.w~w m.cnp~n ~ nn/]nn-- Dollars ($ ~q;~nn_n0 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 3 day of MAY
19 95 ·
__ BID # 1729 - HVAC RENOVATION FOR_ RECREATION CENTERS
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 6th day of June
19 95
Able Sheet Metal and Air Conditioning Universal Surety of America
Principal Surety
Title ./~/~'~X~./ Titl~e Attorney-in-Fact
Address: p n ~ 50297 Address: 5440 Harvest Hill #172
DENTON, TR~AS 76206 Dallas, Texas 75230
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety~',~k.,
The Macsom Agency, Inc.
P. O. Box 515366, Dallas,Texas 75251-5366
AAA0184D
Rev. 07/28/94
PB - 4
~ENERAL CONDITIONS
The General Conditions of the Contract for Construction shall be
Standard AIA Form A201, current edition.
For convenience, the AIA printed form is omitted from this binding.
Copies are on file at any Architect's office and may be seen and/or
obtained there.
GENERAL CONDITIONS - 1
SUPPLEMENTARY GENERAL CONDITIONS
Certain articles of the "General Conditions of the Contract for
Construction," AIA Document A 201, 1987 edition, as published by
the American Institute of Architects, are revised by, added to, or
replaced by the requirements of this section.
A. ARTICLE i - CONTRACT DOCUMENTS
1. The Drawings and Specifications referred to in
paragraph 1.1.1. and throughout the General Conditions are
further defined as those entitled ROOF TOP H.V.A.C.
REPLACEMENT for the NORTH LAKES & DENIARECREATION CTR~ Denton,
Texas, and include all the following:
A. Specifications:
General Requirements Division A thru C
Special Requirements and
Technical Specifications 3 pages
2. In paragraph 1.1.1., last sentence, delete the words "the
Contractor's Bid."
B. ARTICLE 5 - SUBCONTRACTORS
1. Add the following sentence to paragraph 5.2.4.: Acceptance
of the substitute Subcontractor after previous acceptance
of a Subcontractor for any portion of the work shall not
constitute reason for an increase in contract amount.
C. ARTICLE 9 - PAYMENTS AND COMPLETION
1. Add the following paragraph:
9.2.2 The OWNER will provide to the Contractor a list of
the portions or sections of work for which he wishes to
have separate values included and those items for which he
will require material quantities to be shown.
2. Add the following paragraphs:
9.3.4 The Contractor shall submit his Application for
Payment, amounting to 90% of the cost of the work
performed and 90% of the materials on hand in
accordance with paragraph 9.3.2 above, as of the
last day of each month.
9.3.5 Payments on account of the above described
applications will be due, in accordance with the
provisions of Sub-articles 9.4 through 9.6, on the
tenth (10th) day of the month following the
payment period.
SUPPLEMENTARY GENERAL CONDITIONS - 1
3. Change paragraph 9.10.1 to read as follows:
Upon receipt of written notice that the work is ready for
final inspection and acceptance and upon receipt of a final
Application for Payment, the Owner will promptly make such
inspection and, when he finds the work acceptable under the
Contract Documents and the Contract fully performed, he
will promptly issue a final Certificate of Payment stating
that to the best of his knowledge, information and belief,
and on the basis of his observations, the work has been
completed in accordance with the terms and conditions of
the Contract Documents and that 95% of the Contract amount
is due and payable to Contractor, as noted in said final
Certificate. The remaining 5% retainage will be due and
payable to him within thirty (30) days after acceptance of
the work by the Owner.
D. ADD THE FOLLOWING NEW ARTICLES
ARTICLES 15 - ACCESS TO THE WORK
15.1 Access to the work.
15.1.1 The Owner, and their authorized representatives shall
have access at all times to the work for inspection
wherever it is in preparation or progress, and the
Contractor shall provide proper facilities for such
access and inspection.
E. ARTICLE 16 - STANDARDS
16.1 Standards
16.1.1 Any material specified by reference to the number,
symbol or title of a specific standard, such as a
Commercial Standard, a Federal specification, a trade
association standard, or other similar standard, shall
comply with the requirements in the latest revision
thereof and any amendment or supplement thereto in
effect on the date of these Specifications, except as
limited to type, class or grade, or modified in such
reference.
16.1.2 The standards referred to, except as modified in the
specifications shall have full force and effect as
though printed in the specifications. These standards
are not furnished to bidders for the reason that the
manufacturers and trade involved are assumed to be
familiar with their requirements.
16.1.3 It is not the intent of these Specifications to limit
materials to the product of any particular
manufacturer. Where definite materials, equipment
and/or fixtures have been specified by name,
manufacturer or catalog number, it has been done to set
a definite standard and a reference for comparison
of quality, application, physical conformity, and
SUPPLEMENTARY GENERAL CONDITIONS - 2
other characteristics. It is not the intention to
discriminate against or prevent any dealer, jobber, or
manufacturer from furnishing materials, equipment,
and/or fixtures which, in the judgment of the Owner
expressed in writing, meet or exceed the
characteristics of the specified items. Substitute
materials shall not be made without prior written
approval from the Owner. Refer to Section lB - Job
Requirements: Sub-section 8, for conditions governing
substitutions.
F. ARTICLE 11 - INSURANCE
(see following 9 (nine) pages titled: City of Denton Insurance
Requirements for Contractors.)
SUPPLEMENTARY GENERAL CONDITIONS - 3
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent Iow 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
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials,
Agents, Employees and volunteers.
· · That such insurance is primary to any other insurance available to
the additional insured with respect to claims covered under the
policy and that this insurance applies separately to each insured
against whom claim is made or suit is brought. The inclusion of
more than one insured shall not operate to increase the insurer's
limit of liability.
· All policies shall be endorsed to provide thirty(30) days prior written
notice of cancellation, non-renewal or reduction in coverage.
· Should any of the required insurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of three years
beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the
contract shall be covered.
· Should any of the required insurance be provided under a form of
coverage that includes a general annual aggregate limit providing for
claims investigation or legal defense costs to be included in the general
annual aggregate limit, the contractor shall either double the occurrence
limits or obtain Owners and Contractors Protective Liability Insurance.
· Should any required insurance lapse during the contract term, requests
for payments originating after such lapse shall not be processed until the
City receives satisfactory evidence of reinstated coverage as required by
this contract, effective as of the lapse date. If insurance is not
reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
AFFOOBAI
REVISED t0/12/94
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
~ A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$2,000,000 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AFF00BA 1
REVISED 10/12/oA
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than ~1,ooo,ooo 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
AFF00BAI
REVISED Ii)/12/~4
Insurance Requirements
Page 5
"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 Ali-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 specific service agreements. If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
AFF00BA 1
REVISED I 0/12~94
Insurance Requirements
Page 6
ATTACHMENT I
[ ] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
AFFOOBAI
REVISED 10/12/94
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage-to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AFF00BAI
REVISED 10112194
Insurance Requirements
Page 8
I. 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
AFFOOBAI
REVISED 10/12/94
insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage to
be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self-insured, with
the commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AFFOOBAI
REVISED 10112194
From : City o¢ Denton/Fac, Mgmt. PHONE No. : 8175668242 Apr. 14 1995 2:52PM PSJ
BID '.FOI~ LUMi~ SUM COI~.RACT
Proposal of ABLE
(h~inafe~r ca11~a "Bidder") , *a co~oration, organize~ and'
*an individual doing bu=~Ss ~S~ ·
T0: CITY 0F D~ON
P~C~SING
A~N: TOM
90~-B TE~S
D~TON ~ TEL%S 76~01
Gentlomen:
The undurui~ed, in oomplian~e wi~ your ~nvitation for bids for
the ROOF TOP H.V.A.C. REP~C~T FOR NOR~ ~ES ~CR~TION..CENTE~
AND DENIA RECREATION.C~ in Denton, Texas, having examined the
drawings and specifications with related doc~ents and
tl~ proposed work, and being fam~llar w~ all of the conditions
~urrounding the construct~o~ of the propose~ work, hereby proposes
to furnish all labor,.~ material, e~ipments, and ~uppl~e~ and to.
con=truot ~e proJe~tt '~n accordance wi~ ~e Contract Documents,'
and at the price set J~orth below. These prices are to cover all
e~ense~ ~nc~red i~ perfo~ng the work re~ired under the
Contract Doc~ents 6f which ~is proposal is a part.
The undersigned also has reviewed l~fo~at~on on ~e Info~ati0n
and Data Sheet provided and agrees the= ~ese units ara direct
r~placaments of old ~it~ and have the capacity (heating and
cooling) to ~upply the buildlng, t~ing ~nto consideration the.
actual events,., programs and u~age of ~at building.
The undersigned also a~nowledges that there are two ~eparate
buildings of identical floor plans and s~are footage containing 5
units each (10 total) but ~at usage of buflding~ differs.
~DE~A
The Bidder fur~er a~ees, and acknowledges, the following Addenda
have been received and ~hat the entire contents thereof have been
incorporaeed into ~is Proposal:
No. ...., dated No. _ ..... , dated
No. __ , dated No. , dated
PROPOSAL FORM - I
APR 14 '95 15:19 8175668242 PAGE.OOJ
From : Cit~ o¢ Denton×Fao. Mgmt. PHONE No. : 8175668242 Apr. 14 1995 2:33PM P04
sps¢ifi¢&tions and shown on ~he ~rawing~ for Donia and North
for the ~um of
........ sIxTY NINE THOUSAND TI[RE~ IIUND~ED & 00/l?0o ~ 69.~.O0.00
**Amount shall be ~hown in both words and figures. In oe~ of
diu=repanoy, ~he amoun~ shown in words will govern.
ALTERNATE NO. ·
Bidder agree~ eo perform all o~ the work deeo~ibsd in the Automatic'
Temperature Control sect/on of ~hese specificat~ons for Denis and
North Lako~ Roor~at~on Centur~ for th~ cum of
TWENTY THOUSAND & 00/1.00 .... ~ 90.000.~0
**Amount ~hall be ~hown tn both' word~ a~d figures. In ca~e of
discrepancy, the amount shown in word~ will govern.
Title' PRSSIDE.NT ....... --
Company ABL~ S~E~T'M~TAL.AND..AI~ CONDIT~ON.iN~
Address. P.O. ~OX 5029~,:~ D~NTON... TX. 7620~__
Pho.~e .... 8.!7-566-6406 :' .. ! F~ 817-566-6419
PROPOSAL FORM - 2
¢IPR 14 ' 95 15:19 8175668242 PIqGE. 004
JUN-23-'95 FR! 14:49 ID.'f~qCSOH RBENCY iNC. TEL NB"-214 498-38~0 _ .714 P02
THE MACSOM AGENCY
12655 N CENTg. A~, EXP ~1010
DALLAS, TX 75251-5366
A CNA ZNSU~NCE GROUP
ABLE ~HEET ~T~ &
AIR CO~ITIONINO CO. ~
~.0. BOX ~029T
DENTON, T~ 76206 ~ "'
~CLUSION6 AND OON~ ~ ~
~~ ~~= ~ 100000(
A X ~~~ A1 220gg~gS 07/16/94 0~/16/~5 ~~ * 50000(
~ I~~ ~~ , 5000,0(
.... ~~ ~ 500f
A ~ BUA 1 2209 93 84 0~/16/94 07/16/95 ~~ ~ 5oooo(
.....
........
~~ ~-~ ~00006~
~~~ I~l I~~
aUTO PHYS~ ~UA~22~993~4 07/~6/~4 07/~/9~ **~0 DED COMP
DAMAGE *APPLIC~LE.~ THE / / / / *,25~ DED CO~S~ON
~u~ o~s~ / / / /
A~N: JODY ~YS
CITY OF DEaN ~~~~m~~.
901B TEXAS BT.
JUN 23 '95 14:54 ~qCSOH AGENCY [NC. PRGE.002
_.. ]UN-14-'95 WED 15:05 ID:MACSOM AGENCY INC. TEL N0:214 490-3820 .451 P02
.A!I.!H.!..!)...,.. ,_'" . 06/~4/0~{{
~ THII OiB¥iFiOATE I I~IUED AB A MAI'i ~ OF INFORMATION
ONLY AND OONFER8 NO RIQHI'~ UPON THE OERTIFIOAT~
PAT MCCURLEY HOLDER. THIg OERIIFIOATE DOEII NOT AMEND, EXTEND
P. O. BOX 292063 AL~W TH~ OOW~AQB ~FOg~D ~Y NB ~OUOIE,
z.EWISVILZ,E, TX. 75029-2063 ¢OMFANIEII AFFORDINQ OCY~'R~,g,E , .
A TX. WORKERS COMPENSATION FUND
Able Sheet Metal & A/C
P 0 ]~ox 50297
Denton, TX 76026 ..o...
D
~"~'~ '- '- ~ ~ -~'-~' '.'.:..:i .................. ' ..............
TH~ 18 TO CF.~'IFY THAT THE POt. IGIE8 OF INSURANCE U~TED BELOW HAVE BEEN 16SUED To'n~E INSUI~D WED A~K:~ FOR ~I~E POl.~Y PERIOD
INDIC, A; (=u. NO'I~flTfI~TAHDtN(] ANY REQUIREMENT. TERM OR GQNomoH Gl~ AHY ~CIHTIIAOT OR OTHER DOCUMEHT WITH RESPECt TO WHICH THI8
CEI~TIFICATE MAY BE 18CUED OR MAY PERTAII~ THE INBURNqCE AFFORDED 8Y THE FOU(~II~ DE6GFIIBED HIINIIH Ill II. lB,IF. CT TO AU. THE
EXOLU~ION~ ~ CON~ OF SUCH INNJOIF.,.W. UMIT~ ~HOWN MAY I'1~..VE I)EEN REDUCED BY PN0 CLAJM~.
~ I~1~ M INI~
A rw~,u)w.~,u~,uw TSF 223493-0'1 07/1§/94 07/1 §/95 ;,N~ ~' 500000
~va m:~,r~*/ {'~"{ ~,~. u,~a.muc, r cMr t 500000
~.,ce,a,.'~ ,.I .1 ~ ........ ~'~'~Y" " 50000~
ATTN; JODY HAYS
.................. ... .... ., ., ...:,.~,~, , , ~ .,. , ...... , ..........
901B TEXAS ST,
DS~"i'ON, TX '76201 ~, ..~.____.we ~ ~,~ e,~4~v, ,. ~ o,~
~UN 14 '95 15:09 MACSOM AGENCY INC. PAGE.002
UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 · Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Universal Surety orAmerica TX 7616246 00
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of
the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint
Bobby W. Bush
of Dallas and State of Texas its true and lawful Attomey(s)-in-Fact, with full power and authority hereby
conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed $1,250,000.00 unless such is accompanied by letter of
authority signed by the President, Secretary or Executive Vice President
of Universal Surety of America.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Company and duly attested by its Secretaq,, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the stated
hmitations, and such authority is to continue in fome until 3/31/97 . Said appointment is made under and by authority of the
following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 1 lth day of July, 1984.
"Be It Resolved, that the President, and any Vice President, Secretory or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any
power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its
corporate seal to be hereto affixed this 7th day of January, A.D., 1993.
.....,',o~t tr g?... UNIVERSAL SURETY OF AMERICA
,-" ~.:~.:~ -.,..
State of Texas
ss: -:. ~-.. ~,~.e...4.: e4 ...~ ~
County of Harris "% ..~ Jo~x, J President
f
On this ?th day of January, in the year 1993, before me, Angela P. Dai~le, a notary pnbll¢, personally appeared John Knox,
personally known to me to he the person who executed the within insWnment as President, on hehalf of the corporation herein named
and acknowledged to me that the corporation executed it.
· ,. :. n~o~ :' g -- ~ 0 Notary Public
I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the
Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect.
GIVEN under mY hand and the seal of said cempany, at Houston, Texas, this ~a"'CJ(~day of ?Ltd--P_
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may telephone (713) 722-4600. 6226-62751050