1995-109AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated
competitive 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 responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" 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
1706 OWC CONSTRUCTION $375,745.00
SECTION II. That the acceptance and approval of the above
competitive bids 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 Bid
Proposals, 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 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 in 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 ,1995.
Yo
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR~D- AS TO~LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
DATE: JUNE 6, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1706 - CITY HALL WEST RENOVATION
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
meeting specifications, OWC Construction, in the amount of $303,110.00 for the base
bid plus $72,635 for alternate #1 Fire Sprinkler System. Total bid award is
$375,745.00.
SUMMARY: This bid is for the renovation of the building at 221 N. Elm. This
facility has been known as the Old City Hall and/or Police Station and is soon to be
known as City Hall West.
The project includes (A) selective demolition, (B) excavation backfilling and
compacting for utilities, (C) floor underlayment over concrete slab, (D) metal
framing, stairs and railings, (E) rough carpentry, (F) finish carpentry, (G) wood
doors, (H) gypsum board, (I) suspended ceilings, (J) resilient tile flooring, (K)
sheet carpeting, (L) painting, (M) signage, (N) cleaning, (0) fire sprinkler system
and other related activities. Estimated completion schedule is late August of 1995.
OWC Construction holds a Disadvantaged/Minority/Woman-Owned Business
Certification from the State of Texas and the North Texas Regional Certification
Agency. They are highly recommended by the financial agencies contacted,
references for similar projects, and Corgan Associates, the project architect.
The lower offer submitted by Krystal Construction failed to meet the bid bond
requirements and is considered a non responsive bid.
We recommend alternate 2 and 3 not be awarded.
BACKGROUND: Tabulation sheet, letter of recommendation from CorganAssociates
dated May 10, 1995, drawings of proposed building renovations, memorandum from
Kathy DuBose, Executive Director of Finance.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Facilities Management,
Departments relocating to CHW and Departments housed at the Municipal Building.
FISCAL IMPACT: The original estimate for this project was approximately
$317,000.00 ($262,000.00 base bid and $55,000.00 for fire sprinkler). However,
after researching the industry, Corgan Associates feels that the total price of
$375,745.00 is a good competitive bid. Some savings are anticipation in the form of
change orders as work progresses. Funding wili come from the following accounts:
CITY COUNCIL REPORT
JUNE 6, 1995
PAGE 2 OF 2
FISCAL IMPACT (CON'T):
ACCOUNT # AMOUNT
449-032-DMC1-9304-9101 $100,000.00 Bond
245-032-DMC1-9323-9101 $100,000.00 Bond
445-032-CHW1-9504-9101 $ 43,682.00 Bond
100-032-0002-9101 $ 67,085.00 Budget
xxx-xxx-xxxx-xxxx $ 73 ~ 595.00 Allocated Interest
TOTAL AVAILABLE FUNDS $384,362.00
TOTAL REQUIRED FUNDS $375,745.00
~_ _~speetfully submitted
-- ~ ~ ~ Harrell/
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
602 .AGENDA
10 May 1995
CONTRACTOR QUALIFICATION INQUIRY
Contractor: OWC Construction, Inc.
2550 Manana Drive
Dallas, Texas 75220
(214)352-9200
Bonding.' $4,000,000 - Unit~ Pacific Insurance Company
Local Bonding Agent:
Consoliclat~l Surety Co.
5050 Quorum
Dallas, T~as
Agent: 3~trn Fulton
(214)720-0800
. . -. :. - INQLrl~ri~8 ABOUT FINANCIAL STATUS
ConsolS. d_a~l Surety Co.
Contact: ;Ii.m Fulton
Cornment~: Currently bonding for this job is within their bonding capac~ity. They have
. · never been any problems. They are a clean, sound company and have a
"Al" treasury rating.
Banker: Merril Lynch
Contact: T. Devln Frye
Cornmeats: Deposit aocounts substantial to allow financial stability, no problems.
Oood solid shape.
PROFESSIONAL. INQUIRIES
Texas Industries Inc.
Contact: Dan McAuliffe
Comments: Recently compl~t~ a $1,308,000 tenant relocation project in a 9 week
period, The work includ~ finish out of she, space for approx, 78,000
They were the most comprehensive response team they have ever worked
with. OWC tiid a fabulous job in the tight time frame given. They have
used them over the last ten years and OWe has always performed and gOt
the work done.
10 May 1995 2
Southern Methodist University
Contact: Mike Perez
Comments: Satisfactorily completed several projects. OWC is a reputable finn and
will use again in the furore.
Compass Maxtagcraent and Leasing Co.
Contact: Rick Tavern
Comments: They have completed approx. 20-25 jobs in thc past two years for us. Jobs
ra~e from $30,000 to $400,000. They have worked very well for us and
all employees are easy to work with and are interchangeable on projects.
We would 10gl~y recommend OWC Construction.
Texas Cornmeroe Bank
Contact: Gayle M. Earls
Comments: The recent'project they completed for us invotved gutlJng two and half
floors approx. 30,000 s.L' and constructing new office layouts.' They did
.. .quality work...Fixed all items which were wrong and am out the next day
if .we have a'warranty problem. Overall very satisfied and pleas~ with
their work.
Ar~sia Data Sys~ms
Contact: Sanie Orr
Comments: They are the l~.st that we have worked with in Se past. Any minor
'problems were worked Out: Work well in value engineering the project, to
ways of saving money. Recent project was.space plan for 23,000 s.f. Wc
would highly recommencl them for your project,
97..02g'/02/CS/DAL21
CITY of DENTON, TEXAS MUNIC~P,~L BUILDING ,, 215 E. McKINNEY , DENTON, TEXAS 76201
(817) 586-8200 * DFW METRO 434-2529
MEMORANDUM
DATE: June 1, 1995
TO: Lloyd V. Harrell, City Manager
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: ALLOCATION OF BOND INTEREST EARNINGS
In 1991 and 1993, the CiW issued Certificates of Obligation for building
improvements to City facilities, including roof, air conditioning system and building
repairs. Although the associated projects are complete, interest on the Certificates
was earned during construction and is available for allocation to other building
improvement projects.
As you are aware, bids received for the renovation of City Hall West exceeded the
original budget by approximately ~71,650. Interest earnings, not subject to IRS
arbitrage rebate, total ~73,595 and are sufficient to allocate for this project.
If you have questions, please advise.
KD:af
AFFOOE13
"Dedicated to Quality
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 6 day of
JUNE A.D., 19 95 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas· acting
through T.T~yD V. m%RRF. Ln
thereunto duly authorized so to do, hereinafter termed "OWNER,., and
owc CONSTRUCTiONw INC.
2550 MANANA DRIVE
DAT.r.AS, TEXAS 75220
of the City of naT.~.aS , County of Dann%S
and State of mR~a~
· 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 #1706 - RENOVATION OF CITY ~AT.T. WEST INCLUDING ALTERNATE ~1
in the amount of $375,745.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials· supplies· machinery·
equipment, tools· superintendence, labor, insurance· and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement· the Special Conditions, the Notice to
Bidders (Advertisement for Bids)· Instructions to Bidders, and the
Performance and Payment Bonds· all attached hereto, and in
accordance with the plans, which includes all maps· plats·
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CORGAN ASSOCIATES INC.
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the city of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
(SEAL)
ATTEST:
owc CONSTRUCTION INC.
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
PRINTED NAME
c-~JAttorney /
Rev. 07
CA - 3
PERFORMANCE BOND
U2623000
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That owc CONSTRUCTION INC.
· of the City of DALLAS
County of DaT.T.~S , and State of TEXAS
as PRINCIPAL· and United Pacific Insurance Company
, 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 CIT~ OF DENTON
as OWNER, in the penal sum of THREE ~UNDRED SEVENTY FIVE THOUSAND SEVEN
HUNDRED FORTY FIVE and no/100. Dollars ($ 375.745.00 ) for the
payment whe. reof, 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 6 . day of JuNE ,
1995 , for the construction of BID # 1706 -RENOVATION OF CITY HALL
WEST INCLUDING ALTERNATE #1
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 12th. day of June
19 95
OWC CONSTRUCTION, INC. UNITED PACIFIC INSURANCE COMPANY
Principal Surety
Roger Gambo~r ~/ James P. Fulton
Title President ~itle Attorney-In-Fact
Address: Address:
2550 Manana Dr. 4 Penn Center Plaza
Dallas, Tx. 75220 Philadelphia, Pa. 19103
(S- ~RAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Consolidated Surety Agency, Inc.
5050 Quorum Ste. 625 Dallas, Tx. 75240
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
PAYMENT BOND
U2623000
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That OWC CONSTRUCTION INC.
of the City of
County of DALLAS , and the State of ~XAS ,
as principal, and United Pacific Insurance Company
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
FORTY FIVE and nO/100---
· I{REE FIUNDRED SEVENTY FIVE THOUSAND SEVEN HUNDRED Dollars ($dL~)
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 6 day of JUNE
19 95 o
BID # 1706 - RENOVATION OF CITY IiALL WEST INCLUDING ALTERNATE
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 12th day of June
1995
OWC CONSTRUCTION, INC. UNITED PACIFIC INSURANCE COMPANY
Principal Surety
Roger Gambo~/ ~/ James P. Fulton
Title President ~le Attorney-In-Fact
Address: Address:
2550 Manana Dr. 4 Penn Center Plaza
Dallas, Tx. 75220 Philadelphia, Pa. 19103
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
Consolidated Surety Aqency, Inc.
5050 Quorum ste. 625 Dallas, Tx. 75240
AAA0184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
U2623000
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That owc CONSTRUCTION INC.
as Principal, and United Pacific Insurance Company
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of THIRTYSEVEN THOUSAND FIVEHUNDRED SEVENTY FOURand 50/100
Dollars ($ ]7,K7~_qn ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said owc CONSTRUCTION INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1706 -RENO~-ATION OF CI~V~AT~.
WqEST INCLUDING ALTERNATE~i
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - 1
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said OWC Construction, Inc.
as Contractor and Principal, has caused these presents to be
executed by United Pacific Insurance Company
and the said United Pacific Insurance Company
as surety, has caused these presents to be executed by its
Attorney-in-Fact James P. Fulton
and the said Attorney-in-Fact has hereunto set his hand this 12th
day of June , 19 95
SURETY: PRINCIPAL:
UNITED PACIFI?~RANCE ~OMPANy OWC CONSTRUCTION, INC.
Atto~ne~_in_~ Fact Roq_ er Gambo~ ~
President
AAA0184D
Rev. 07/28/94
MB - 2
UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF A~I-rORNEY BOND NO. U2623000
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Pennsylvania, does hereby make. constitute and appoint Mar(3 A. Sparks, Jame~ P. Fulton., individually, of Dallas, Texae, ire true and
lawful Attornoy(s)-in-Fact, to make, execute, seal end deliver for end on its behalf, and as its act and deed any and all bonds end undertakings
of suretyship and to bind the UNITED PACIFIC INSURANCE COMPANY thereby es fully end to tho sams extent as if such bonds and
undertakings end other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE
COMPANY end ~onlod end ~Hostod by one other, of such oHioors, and hereby ratl[io~ nad oonllrm~ ell that it~ eald Attornoy(~)-In-Feot may do
This Power of Attorney is granted under and by authority of Article VII of tho By-Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978. which provisions ere now in full forge and of[eot, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING
1. The Board of Direotors, tho President, the Chairman o~ the Board, any Senior Vice President, any Vice President or
President or other of floor designated by tho Board of Directors shall have power end authority to {o) appoint Attorney(s)-in-Foct and to
authorize them to execute on behalf of the Company, bonds end undertekinge, reoognlzences, contracts of lndemntt~ end other writings
obligatory tn O~o nature thereat, and (b) to remove any such Attorney{s)-in-Fect at any time and revoke the power and authority given to them.
2. Attorney(s)-in-Fect shall have power end authority, subject to the terms end limitations of the Power of Attorney issued to them, to
execute and deliver on behsl[ of the Company, bonds.end undertakings, recognizances, contreo[s of indemnity.end other writings obligatory In
the nature thereof. Tho corporate soalis not necessary for the ve~idityof any bonds end undertakings, recognizances, contracts of indemnity
and oU~er wridngs obligatory in the nature thereof.
3. Attornoy(s)-Jn*Fact shall hove power end authority to execute affidavits required to be attached to bonds, recognlzenoos, oontraote
indemnily or other conditional or obligatory undertakings end they shall also have power end authority lo certify the financial statement et the
Company end to copies oJ the By-Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by eult~ority of the following Resolution adopted by the Board of Direclors
of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day el June, 1979, at which e quorum was present, and ~aid
Resolution has not been amended or repealed:
"Resolved that the slgnatu~es of such directors end officers and the seal of the Company may be affixed to any such
Power et Attorney or any c~rtificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing
ouch facsimile signatures or aacsimile seal shall be valid and binding upon the Company end any such Power so executed
end certified by fecslmile signatures end facsimile seal shall be valid end binding upon the Company, in the [uture with
respect to any bond or undertaking to which It is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY h~s caused these presents to be signed by its Vice President
and its corporate seal to bo hereto affixed, this 5 day of October, 1993
UNITED PACIFIC I~SURANCE COMPANY
·
~ Vice Prosldont
STATE OF Pennsylvania
COUNTY OF Philadelphia
On this 5 day of October, 1993 personallyeppeared Char]es B. Schmalz
to mo known to be the Vice President et the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed end attested the
[oregoing instrument and affixed the seal of said corporation thereto, end that Article VII, Section 1, 2, and 3 of the By-Laws of said
Company,and tho Resolution, set forth therein, ere still in full force.
Ci~ of Philadelphia. Phil~ C~n~ .
My Commission Expires No~. 18. 1~ Notary Publio in and for State of Pennsylvania
Residing at Philadelphia
I, Anita Zippert, Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a lrue and
correct copy of o Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full force and elfect.
IN WITNESS WHEREOF, I have hereunto set my band and affixed the seal of said Compan9 this 12bh day of ~U~e 1995
~ ,-~ ~, ~ Secretary
eaU-t431 Ed. 3/93
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 specificationsthroughoutthe 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
AFF00BAI
REVISED 10/t2/94
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 10112194
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 __
$~_:ooo..ooo 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.
AFFOOB^!
REVISED 10/12/04
Insurance Requirements
Page 4
Ix] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than 45oo,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.
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)o
[ ] 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 10/12/94
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.
AFF00BAI
REVISED 10/12/94
Insurance Requirements
Page 6
ATTACHMENT I
[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 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.
AFFOOBA 1
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.
Do 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.
AFF~OBA 1
REVISED 10112/94
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 10/12/94
Alternates: The undersigned agrees to the following additions or deductions from the Base Bid
Sum if the listed alternate~ itemized below are accepted by the Owner. Alternate prices include
alltotal variations cost to the in profit, Owner overhead, for each Alternate. bonds, insurance and similar related items, and represent the
Alternate No. 1: Install the fire sprinkler system as indicated in the Fire Sprinkler System ["
Drawings FSI through FS6 and Specifications.
Add to Base Bid the following amount:
' '~ Dollars ($ 7~. gq>. -- ).
Alternate No. 2: Install the two skylights in roof above Area "F" as indicated on the
construction drawings.
Add. Base Bid~e following ar~ount: - j
Dollars ($ '~ 3' 3q--' ).
Alternate No. 3: Install wood windows (five total) on the North and West Elevations as
indicated on Sheets A1 and A5. :
,/~t9 B..ase Bid the following am~o)nt:
~ O Dollars ($/'~
Enclosed with this proposal is bid security in the Sum of
Dollars ($ .).
Time of completion: The undersigned agrees to commence work under this contract within 10
days of receipt of written Notice to Proceed from the Owner, and to substantially complete the
entire work for the project as follows prior to '7' ~'-Ix'
Addenda: The undersigned hereby acknowledges receipt of the following addenda to the
Drawings and Specifications, all of the provisions and requirements of which addenda have been
taken into consideration in the preparation of this Proposal.
Addendum No. / dated
Addendum No. ,,7 dated
Attachments: The undersigned hereby acknowledges attachment to this Proposal Form a current
and complete AIA Document A305 Contractor Qualification Form.
14 March 1995 00300 - 2 CAI 92029.02
Date: April 18, 1995 Signe~~ /c'%~'/~C __
Title President/TReasurer
Name of Firm OWC CONSTRUCTION, INC.
2550 Manana Drive, Dallas TX 75220
Organized as a: (Mark one)
Proprietorship.
Partnership.
Corporation x
Under [he law of the State Of: Texas
LegalAddress: 2550 Manana Drive
Dallas, Texas 75220
(Date)
April 18, 1995 :
Telephone No. (214) 352-9200
If Bid is by a corporation, affix seal above address.
END OF BID FOR/VI
3 t4 March 1995 00300 - 3
CAI
92029.02
I
PROOUCER
THIS CERTIFICATE I$ ISSUED AB A MATTER OF INFORMATJON ONLY AND CONFERS
, ~ NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ODES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
JOHNSTON INSURANCE AGENCY
821] L.B.J. FRWY., LB 112 COMPANIES AFFORDING COVERAGE
D^I.L^S, TX 75251
(214) 480-8415 COMPANY
LEAF. A COLONY INSURANCE COMPANY
INSURED ,.. COMPA~'Y
- LETTER ~
OWC Construction, Inc. LETTERCOMPANY C
2550 Manana
Dallas, TX 75220 COMPANYLETTER D
COMPANY
L~n-~R E
TH~S IS TO CERTIFY THAT POLICIES OF INSURANCE LISTEO BELOW HAYE BEEN iSSUED TO THE INSURED NAMED ALCOVE FOR THE POLICY PERIOD INDICATED,
NO'~WITHSTANDINQ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH ~HIS CERTIFICATE MAY
6E ISSUED OR MAY P~RTAIN, THE INSURANCE AFFORDED BY ~HE POLICIES OESCR~eEO HER~N I~ SUBJEC~ TO ALL THE TERMS, EXCLUSIONS, AND COHOl.
~IONS OF SUCH POLICIES.
INSU~OE POLICY NUMBER
~T~ (U~ ~t~ (~ ALL LIMIT~ IN THOUSAND~
~MERC~ 6ENE~L LIABILITY GENE~L A~ORE~IE
P~T(CT~ MPI 452 260 04/14/95 04/14/96 EACH~CUflRE~
FIRE DAMAGE (~ ~E FIRE)
MEOI~L E~NSE ~Y 0~E PEA~)
AUTOMOBILE LIABILITY
~HE~EO AUT~
HI~D AUT~
W 0~R T~ UU~LLA F~
ORKERB' OOMPENBATION ~TATUTORY
~MPLOYER8' LIABILIYV
OE~RIPTI~T~8/L~AT~S/VEH~CLE$/R~TR~T~NS/~EC~LiTEMS ~ iS a~ ~h~ ~h~ C~T~ O~ DENTON, ZT5
OFFZCZALS,A~EHTS,EHPLOYEES,& VOLUNTEER~ a~e shown as AddUona] Znsureds, as ~espects ~o~k
Pe~fon~od fo~ or b~he Named ~nsu~ed. Cove~age'~s p~imar~ ove~ o~e~ va3~d & collectible cov-
e,ages, and pe~ p~oJ~ct occurrence is app3~cab)e.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX
City of Denton PIRATION DATE THEREOF, THE I~$UINO COMPANY WILL ENDEAVOR TO
I~u t ld t rig/ Con tra ¢ tOTS Se rv i cos M~L ~0 DAYS WRITTEN NOTRE TO THE CERTIFICATE HOLDER ~ED TO THE
Ci [y Hal 1 LEFT, BUT FAILURE TO MAIL S~H NOTICE S~LL IMPOSE NO OBLATION OR
Denton, TX 76201 OF ANY KIND UPON THE COMPANY, JTS AGENTS OR R~ENTATIVES.
AUTHORIZED REPRESENTATIVE ~
,~o= RICK CI~IG 817/~03 ~lS CE~FICATE IS ISSUED AS A ~R OF INFOR~TION
ONLY ~D CONFERS NO RIG~ UPON ~E C~FICA~
~T[~L GENE~L AGE~ HO~E~ ~IS CE~FICA~ DOES NOT AMEND~ ~ND OR
P.O. ~X 21~10 ALTER ~E COVE~GE AFFORDED ~ ~E POUCIES BELOW.
DALES, ~ 75221 COMPANIES AFFORDING COVE~GE
~p~ T~ ~KER'S ~T~ [N~E F~D
A
~su~ ~ ~STR~I~, I~. ~p~
25~ ~
DAL~, ~ 75220 ~p~
C
~P~
D
~lS IS TO CERTI~ T~T THE POLICIES OF INSU~NCE LISTED BELOW ~VE BEEN I~UED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NO~HSTANDING A~ REQUIREMENT, TERM OR CONDmON OF A~ CO~CT OR OTHER DOCUME~ WI~ RESPECT TO WHICH
CERTIFICATE ~Y BE ISSUED OR ~Y PERTAIN, THE INSU~NCE AFFORDED BY THE POMClES DESCRIBED HEREIN IS SU~ECT TO ALL ~E ~RMS.
~CLUSIONS AND CONDITIONS OF SUCH POLICIES. UMI~ SHOWN ~Y ~VE BEEN REDUCED BY PAID C~IMS.
FI~ ~E (~ ~ fire)
MED ~ ~y o~
~ ~ ~ED AUT~ ~LY ~U~
~O AUT~ ~er ~)
~GE ~1~ AUTO ~LY- ~ ~ $
~o~. u~u~ TSF 11~0~ 5-02 4/26/95 4/26/96 ~T S 1,000,000
~ ~ D~ - ~Y UMIT $ 1,000,000
~: ~- ~H EM~OYEE $ ~, 000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
*SUBJECT TO lO DAYS FOR NONPAYMENT.
215 E. ~K]NNEY 8"' FAILU.~L '~CE '~ '"~E NO OBU~ON
DENT~, ~ 76201 OF ~ ~ND U~M.~E C~PA~ AQEN~ OR REPRES~TA~VES.
' AU~ORI~D fEPRESENTA~' ~ {~ ~ ·
JUH 1G '95 ll:02AM [-I~ERTY MUT~JAL BUSINESS SALES 'P.2/2-
~ta o~ lmuran~e
~ INS~ ~U~ ~ ~ ~ ~D~ ~D, OR ~T~ ~D~ ~ ~ ~ ~ ~.
IVER WALKER COMPLY, INC. ~ Name ~
2550
MANANA
~ addr~ ~
DALES, ~ 75229 Insured.
--' ~ DA~
~PE OF POLICY ~ ~E~ POUCY NUMBER LIMIT OF LIABILITY
GOd. GE ~FOflDED UNDER ~ EMPLOYER~
WORKER8 ~W OF ~ FO~OWlNa ~A~S: ~ I~u~ ~ent
COMPENSATION ~a~h
Policy
Limit
Each
GENERAL
LIABILITY p~~~g~
~ ~CU~RENOE
~ C~IM8 ~ ~ In~N ~ ~ ~a U~I~ Pet
P~ ~d ~ng INu~ Par
O~l~6on
~RO DATE ~
--- ~ ~l~t - ~ Um~
AUTOMO BI LE $1,0~,~0 B.I.
LIABILITY
~ oWNED ~1~ ASi-191~25 ~P~
~ NO~
~ HIRED
o~ER
~D~O~ C~MEN~
THE ~ OF DE~ON ~ED ~ ~ ~fflO~k ~ED
UN~E i~ P~C[~ U~L AT ~ ~ ~Y~ ~ ' '
~E C~ ~ O~
~ ~: JODIE {~j'a. ~.;,'~::A~l~g~,8~TM
DE~ON, ~. IRVING, TX, (~) ~6~ ~1~95
[ ] ~JCE P~NE NUMBER DATE ISSUED
JUN 1G '95 11:02 214 550 8361 PAGE.003