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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