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1993-129ORDINANCE NO. ! 3 /gA 9 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements 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 con- struction 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1516 NATIONAL ABATEMENT SERVICES $43,100.00 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, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied 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 here- by 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 im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 992) APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CASTLEBERRY, BY: DATE: JULY 20, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1516 ASBESTOS REMOVAL FROM DENTON MUNICIPAL CENTER (DMC) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, National Abatement Services in the amount of $43,100.00 including base bid and alternate 2. Completion is to be accomplished in 16 - 10 hour days. SUMMARY: This bid is to provide all materials and labor necessary to remove the asbestos in the area of the DMC building that will be effected by the planned renovations in Phase I. The removal is primarily pipe insulation and duct work. Alternate #2 is the addition of an area that may or may not have been included depending upon bid results. The bid price of $43,100.00 is well under the $81,000.00 estimates. Triad Onsite Systems Inc. our contracted Environmental Specialist recommend approval. BACKGROUND: Bid Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Complex and the Citizens of Denton. FISCAL IMPACT: Funds for this Asbestos Abatement Service will come from bond funds for DMC Renovation Account #449-070-POLI-9307-9101. speeccttfully submitted : U Lloyd V. Harrel y City Manager Approved: Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent agenda.393 O o 0 E o >4 0 0 z a A m aw O o ~~H O o 0 x 611- ° U) U) e-Iw z n Q I n0 WW O E w % . 1 >4 >4 E > M N d' H CQ In ra r-I fPr 03. z o o 0 Ew a Acn . U) U z a O In ~ o o wao A M 1144 4s- o4 mm 0 xA oA ww O0 w % aw0 > r Nd' NN a9 v}+ w ~ A m o m >4 o o Ow a Am InA a u O d' % o a H A N a 4 M a of m m I > z ri xA ~x oo W14 H a W O . 1 a W > 07 0 d' I I r I E m dr ra H .-I V! N .k O O O 4 0 0 o zw a A m m z w u O o o o 0ZP-I A o a4 61>- 04 mm H w > z 01 xA NA ww EEa W % >a>4 4 4 w > r-I O d' --I N z m m d• rf} + 4 E-4 M W rn E-i as r~ ~ W ri m N O E w m z w O x h m 4 z O H E a H a U U) w A 'I N z z A m m m ~ ~ Q at W W~ A A A E-4 A E-1 z z W 04 O W a wa PQ 1=1 4 wa m 0 z H H z a a w w E FC A z E z Iy A A w H H a CA LA 0 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DEBTOR THIS AGREEMENT, made and entered into this 20 day of JULY A.D., 19 93, by and between CITY OF DENTON of the County of. DENTON and State of Texas, acting through LLOYD V. HARRELr thereunto duly authorized so to do, hereinafter termed 'OWNER,' and CNATT IONS ABFIT~EMENT SERVICES INC.. 6212 r.~ AVE.. DALLAS TEXAS 75209 of the City of DALLAS , County of nAr.r.Ac and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1516 - ASBESTOS REMOVAL DENTON MUNICIPAL ('RNTF:R in thn amrnmt of $ 43,100.00 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, blueprints, and CA-1 0114s other drawings and, printed or written explanatory matter thereof, and the Specifications therefore,'as prepared by TRIAD ONSITE SYSTEMS i 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and'day first above written. ATTEST: CITY OF D OWNER ey (SEAL) ATTEST: (SEAL) APPROVED AS TO FORM: City Attorney CA-3 0114s D & D Surety and Insurance Agency 500 N. Central Expressway Suite 223 Plano, Texas 75074-6762 Phone Number 214-578-5404 Fax Number 214-578-5407 Bond No. NB-156691 RIDER TO BOND INVOLVING TOXIC MATERIAL This Bond is being issued subject to the following express conditions which shall survive the release and discharge of Surety from any further liability of its performance and payment obligations required under its bond: FIRST: The bond issued by Surety shall not be considered to be a substitute for or in any other way satisfy the requirement for any type of insurance that may be contained in the contract documents between the Principal, Obligee and/or Owner. SECOND: No suit shall be commenced against the Principal or Surety for any default in performance or for labor performed or material supplied, after two years from the date of the contract between the Principal and Obligee, or one year after substantial completion, whichever occurs last. THIRD: No right of action against Surety shall inure to the benefit of any person, firm or corporation other than the Obligee, or for the use or benefit of the Obligee. FOURTH: Notwithstanding any provision contained to the contrary in the contract documents between the Principal, Obligee and/or Owner, Surety shall not be held liable or any other respect be responsible to the Obligee or to any other person, firth or corporation for any act(s) of negligence by the Principal, its agents, servants or employees or by any contractor employed by Surety to complete the contract in the event of the Principal's default, while performing the contract, which results in personal injuries or property damage. Signed, sealed, and dated this 28 day of July, 1993. Page 1 of 3 hmrd.rdr PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF ( natrrost THAT we, MTIWAr. AMT=aW 88Insia. INC. as Principal, and National American Insurance company as Surety, are hereby held and firmly bound unto the City of Denton, hereafter called Obligee, in the panel sum of $ _ 43,100.00 which is the full amount of Principal's contract with the named Obligee, for the payment of which sum the said Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally firmly by these presents. WHEREAS, the principal has entered into a written contract dated 7-20-93 with Obligee named, to do and perform certain construction work as provided in said c6ntraot and the related plans, specifications, general conditions and other contract documents, all of which are by reference made a part hereof. NOW, THEREFORE, the conditions of this Obligation is such that if the Principal shall faithfully perform all of the work in accordance with the plans, specifications general conditions and contract documenu, and shall faithfully perform each, every and all other obligations incumbent upon him under the terms of said written contract referred to, and shall fully indemnify and save harmless the Obligee from all costs, expense and damage which it may suffer or incur because of Principal's default, or failure so to do, then this obligation shall be void, otherwise it shall remain in full force and effect. A In the event Principal shall default in the faithful performance of the work called for by said written contract, plans, specifications and contract documents, the Surety shall within 15 days of the determination of default (determined as provided in said contract, general conditions and contract documents) take over and assume completion of said contract, or within such 15 day period make other arrangements satisfactory with the Obligee for completion of the contract, and said Surety shall become entitled thereupon to the payment or benefit of the balance of the contract price as the same matures according to its terms. The Surety, for the protection of the Obligee herein, waives notice of, and hereby consents to any subsequent modification or alteration both in the work to be performed by the Principal, and the consequent price or sums to be paid by the Obligee, as well as any other change, or amendment, addition or deletion in the contract documents during the progress of the work, including but not limited to all extensions of time or other indulgences permitted the Pdreipal. Notwithstanding'any other provision, the liability of the Surety on this bond shall never exceed the penal sum stated in first paragraph. 'Ibis Performance Bond is given in compliance with the terms and provisions of Article 5160 of the Revised Civil Statutes. as amended by Chapter 93, H.B. 344, Acts of the Fifty-Sixth Legislature, Regular Session, approved and effective April 27, 1959, particularly Section A(a) thereof, and this bond and all of the provisions herein contained shall be solely for the protection of the named Obligee which has awarded the contract referred to. The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and represent that it is duly authorized to do business in Texas. Executed this 28th day of July , 19_13 . Approved as to Form by Obligee: i-~ By NOTE: I. This bond must be payable to the awarding autbority, City of Denton as the named obligee, and it must be approved as to form by such awarding authority. 2. This bond must be furnisbed before any work is commenced. 3. Surety must be a corporate surety duly authorized to do business in Texas. 4. This PERFORMANCE BOND must be in the full amount of the contract which it secures. 5. Power of Attorney from Corporate Surety should be attached to this Performance Bond. END OF BOND Title Dxnis H. M xce, AthsTe~-irrfact PAYMENT BOND THE STATB OF TEXAS KNOW ALL MEN BY THESE PRESENTS' COUNTY OF titsrrrots 1 THAT we, UKTIONRL bMng T sraaviCer TNc. as Principal, and A112r"icm kslf ~ c,Fany as Surety, are hereby held and firmly bound unto the City of Denton, hereafter called Obligee, for the sole use, benefit and protection of all claimants supplying labor and material (as hereinafter defined) in the prosecution of the work provided for in the written contract hereafter referred to in the penal sum of $ 41.ton.no which is the full amount of Principal's contract with the named Obligee, for the payment of which sum the said Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally firmly by these presents. WHEREAS, the principal has entered into a written contract dated 7-20-93 with Obligee named, to do and perform certain construction work as provided in said contract and the related plans, specifications, general conditions and other contract documents, all of which are by reference made a part hereof. NOW, THEREFORE, the conditions of this Obligation is suet that if the Principal shall promptly make payments to all claimants supplying labor and material (as hereafter defined) in the prosecution of the work provided in said contract, the related plans, specifications, general conditions and other contract documents, then this obligation shall be void, otherwise it shall remain in full force and effect. The Payment Bond is given in compliance with the terms and provisions of Article 5160 of the Revised Civil Statutes of the State of Texas as amended by Chapter 93, H.B. 344, Acts of the Fifty-Sixth Legislature, Regular Session, approved and effective April 27, 1959, particularly Section A(b) thereof, and the claimants referred to In this bond are those defined by such amendment to Article 5160, and this bond shall be solely for the protection of all such claimants supplying labor and material as defined in such amendment, in the prosecution of the work provided for in said contract, and shall be for the use of each such claimant and one others. The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and represent that it is duly authorized to do business in Texas. Executed this 1Btii day of, j,,v 19_ q Attest: BY Title Approved spa to Form by Obligee: BY By L l~e ~mm~^ - M'rrP. A}-FrvT s~i ~~f~r-F - NOTE: 1. This bond must be payable to the awarding authority, City of Denton as the named obligee, and it must be approved as to form by such awarding authority, 2. This bond must be furnished before any work is commenced. 3. Surety must be a corporate surety duly authorized to do business in Texas. 4. This PAYMENT BOND must be in the FUl.Z amount of the contract. 5. Power of Attorney from Corporate Surety should be attached to this Payment Bond. END OF BOND 1vA1IUNAL AMhKICAN INSURANCE COMPANY POWER OF ATTORNEY OMAHA, NEBRASKA PRINCIPAL National Abatement Service, Inc. EFFECTIVE DATE July 28, 1993 6212 Lemmon Ave. Dallas, TX 75209 (STREET ADDRESSI (CITY) (STATE) (ZIPCODE) CONTRACTAMOUNT 43,100.00 AMOUNTOFBOND$ 43,100.00 POWERNO. NB 156691 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer tnd the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American Insurance Company does hereby make, constitute and appoint nanni a H MnnrP . Statcaf Texas its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,(1(10.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Nati:mal American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY p`OpN lNayq' /l//~ 'c. Lepvox~,e 4c, m W. 11 mi taCele. Chat man & CbW tiarndve txr"r o ~a "4- STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July, A.D.1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides In the County of Lincoln, Stale of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that be knows the seal of said cor- poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. o~~pTA `Eq Notary Public PUBLIC " My Commi ion Eapirea Aupnt 30, 1995 anrz a ~4N0~ hOOIN LOOM STATE OF OKLAHOMA) COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, s Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. SEAL Dated the 28tWayof July 19 93 Winifred E. Mmdenhdl, AsWant Secretary y 1 -1 ~ age 5 of 5 OMAM! NB(1)0589 M~n~aa~ 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.2.1 In addition to items listed in 9.10.2 to be submitted before Final Payment will be made or remaining retainage released, Contractor shall deliver items required by Section 01700; contract Closeout of the Project Manual. ARTICLE 11; INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 Add the following sentence to 11.1.1 Contractor's insurance shall be placed only with companies that have achieved at least an "A" rating with A.M.Best. 11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add:, including private entities performing Work at the site and exempt form the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project. 11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add:or persons or entities excluded by statue from the requirements of Clause 11.1.1.1 but required by the Contract Documents to proved the insurance required by that Clause; Add the following Clause 11.1.2.1 to Subparagraph 11.1.2: 11.1.2.1 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is direct to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements , that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations with 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, contain the bid number and the title of the project.. Contractor may, upon written request to the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of 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 request prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if,so noted: 3 June 1993 SUPPLEMENTARY CONDITIONS - 5 11391.1322 O Each policy shall be issued by a company eligible to do business in the State of Texas and must be acceptable to the City of Denton and Triad Onsite Systems, Inc. O Any deductibles of self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self4nsured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. O Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton and Triad Onsite Systems, Inc., and their 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. O All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal or reduction in coverage. O Should any of the required insurance be provided under a claims-made from, contractor shall maintain such coverage continuously throughout the tem of this contract and , with out 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 the expiration of the contract shall be covered. O Should any of the required insurance lapse during the contract term, request for payments originating after such laps shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance policies proposed or obtained in satisfaction of this contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [x] A. General Liability Insurance: General Liability Insurance with combined single limits of not less than $1,000.000 shall be provided and maintained by the contractor. the policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. if the Commercial General Liability form (ISO Form CG 0001 current edition) is used: O Coverage A shall include • premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and 3 June 1993 SUPPLEMENTARY CONDITIONS - 6 11391.1322 broad form property damage coverage. O Coverage B shall include personal injury. O Coverage C, medical payments, is not required. If the comprehensive General Liability form (ISO From GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least; (D 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. O Broad from contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [x] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less that $500.000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury or property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee on-owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001 Current Edition) [x] Worker 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. Add the following Clauses 11.1.2.2 to Subparagraph 11.1.2: 11.1.2.2 Each policy of insurance listed above to be purchased and maintained by the contractor and each certificated of insurance for said insurance shall contain a complete waiver of subrogation against Owner, Architect and Architect's Engineers. Each certificate shall also list Owner, Architect and Architect's Engineers as a party insured. the immunity of the owner shall not be defense from the insurance carrier. 11.1.2.3 Contractor shall not commence work at the site under this Contract until he obtained all required insurance and submitted appropriate certifications. 11.1.2.3 Contractor shall not commence work at the site under this Contract until he obtained all required insurance and submitted appropriate certifications. Add the following sentence to Paragraph 11.1.3: 3 June 1993 SUPPLEMENTARY CONDITIONS - 7 11391.D22 If this insurance is written on the comprehensive general Liability policy form, the Certificates shall be AIA document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 258 will be acceptable. 11.3 PROPERTY INSURANCE 11.3.1.1 Add the following sentence to Clause 11.3.1.1: The form of policy for this coverage shall be Completed Value. Delete Clause 11.3.1.4 and substitute the following: 11.3.1.4 the Contractor shall provide insurance coverage for portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also for portions of the Work in transit. 11.4 PERFORMANCE BOND AND PAYMENT BOND Delete Subparagraph 11.4.1 and substitute the following: 11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Contractor's usual source, under conditions listed below. and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to 100 percent of the Contract Sum. 11.4.1.1 The Contractor shall deliver the required bonds to the Owner not later than three days following the date of the Agreement is entered into, or if the Work is to be commenced prior thereto in response to a letter of intent, the Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. 11.4.1.2 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current comply of the power of attorney, indicating the monetary limit of such power. 11.4.1.3 Provide each bond on the form provided in the Project Manual. 11.4.1.4 Nor sureties will be accepted by the owner who are now in default or delinquent on any bonds or who are interested in any litigation pending against the Owner during the term of this Contract. All bonds shall be executed by a corporate surety authorized to do business in the applicable jurisdiction of this Project. The surety upon any bond furnished in connection with this contract shall be by any company holding a certificated of authority as an acceptable surety on Federal Bonds and as acceptable reinsuring company listed in the Federal Register of the Department of Treasury's latest annual edition of surety companies. The surety company or companies furnishing the surety bonds for this Contract must how a Department Treasury underwriting limitation not less than the total amount of the contract. Each bond shall be executed by the contractor and the Owner. should any of the surety be determined unsatisfactory at any time by the Owner, notice will be given to the Contractor, and the Contractor shall immediately provide a new surety (complying with Article 11) acceptable to the Owner and at no additional cost to the Owner. This contract shall not be valid n will any payments be due or paid until approval of each bond by the Owner. ARTICLE 12; UNCOVERING AND CORRECTION OF WORK 3 June 1993 SUPPLEMENTARY CONDITIONS - 8 11391.D22 SECTION 00300 BID FORM PAGE 10 BID FORM SECTION 00300 To: CITY OF DENTON Date: 06/24/93 In compliance with your Imitation for Bids and subject to the conditions thereof the undersigned: NATIONAL ABATEMENT SERVICES. INC. (Name of BIDDER) a Corporation organized and existing under the laws of the State of TEXAS A Partnership consisting of: or an Individual trading as: having principal offices in the City of DALLAS hereby proposes to furnish labor and materials and perform Work required, including all applicable taxes, license fees, permits, bonds, Insurance premiums and other associated items necessary in the performance of the Work for the folkowing Project: Project Name: OLD MOORE PRODUCTS BUILDING Address: 601 E. Hickorv Project Number. 11391-D22 in accordance with Contract Documents dated: 6/1/93 as prepared by TRIAD ONSITE SYSTEMS, INC. ACKNOWLEDGEMENTS: The BIDDER declares that he has examined the site of the Work and fully informed himself regarding pertinent conditions, and that he has examined the Contract Documents (Including Addenda received) for the Work relative thereto, and that he has satisfied himself relative to the Work to be performed. SECTION 00300 BID FORM PAGE 11 BASE BID: The BIDDER herewith submits for the portion of the Work Identified as "Base Bid" a lump sum bid of: FORTY-ONE THOUSAND NINE HUNDRED DOLLARS Calendar Days: 14 ) Dollars 41,900.00 Work Hours: 10 Hours/Day ALTERNATE NO. 1: The BIDDER herewith submits for the portion of the Work identified as "Ahemate No. 1" a deduct, if applicable, lump sum in the amount of. ZERO Dollars 0 ) Calendar Days Z,1. Work Hours: ALTERNATE NO. 2: The BIDDER herewith submits for the portion of the work identified as "Ahemate No. 2" an addition, lump sum In the amount or ONE THOUSAND TWO HUNDRED DOLLARS Additional Days 2 Work Hours: ADDENDA: The BIDDER acknowledges receipt of Addenda Numbers: 10 Hours/Day ONE DATED JUNE 16. 1993 . LIQUIDATED DAMAGES: The undersigned agrees, If awarded the Contract, to complete the Work within the number of calendar days shown In Section 01000 or pay the CITY OF DENTON $500.00 per calendar day In excess of such number of calendar days Liquidated Damages. PROJECT SCHEDULE: The BIDDER submits the following Work schedule as a modification of the Maximum Project Duration referenced in Section 01000 (BIDDER may submit modification to increase the Project Duratlon only). The CITY OF DENTON will evaluate this submittal with consideration of the value of completion of the Project based on an Increase In the number of calendar days to complete the project. Should the BIDDER choose to work outside the schedule herein submitted, services for Inspection and Air Monitoring will be provided by TRIAD ONSITE SYSTEMS, INC. and shall be scheduled per Section 0000. The costs of such services will be backeharged by the CITY OF DENTON to the BIDDER at CITY OF DENTON'S cost plus twenty percent (20°x6). The BIDDER agrees to start Work within 14 consecutive calendar days of receipt of notice to proceed and complete the Contract within: Dollars ($__I, 200.00 ) 12 consecutive calendar days. SECTION 00300 BID FORM PAGE 12 BIDDER's Work hours and days of week will be: TEN WORK HOURS PER DAY SIX DAYS PER WEEK (Attach additional sheet if necessary to identify BIDDER's Work schedule throughout Project Duration) UNIT PRICES: The BIDDER herewith submits for additional units of Work that may be identified by the CITY OF DENTON during the course of the Contract, or within sbdy (60) days following Final Completion, unit prices complete for removal and disposal of the following items: Minimum trip charge: $ 1,000.00 (to be applied if Work force is no longer at site) Straight run pipe Insulation: (6" dia pipe and smaller) Pipe fitting insulation: (6' dia pipe and smaller) Duct removal: Gross debris on floor. $ 18.50 per fin ft $ 28.00 per fitting $ 12.50 Der sq ft $ 1.25 ---_per sq It The BIDDER as pad of the bid package shall submit a list of a minimum of five (5) previous asbestos abatement projects of a similar scope and size, successfully completed by the BIDDER along with the Owner's name, address, and telephone number. If the projects were handled by a consulting firm, the name, address, contact and telephone number of the firm shall also be Included. SECTION 00300 BID FORM PAGE 13 LIST FIVE PREVIOUS ASBESTOS ABATEMENT PROJECTS: SEE ATTACHMENT 1. OWNER: PHONE NO: CONTRACT SUM: Consultant: 2. OWNER: CONTRACT SUM: Consultant: 3. OWNER: CONTRACT SUM: Consultant: 4. OWNER: CONTRACT SUM: Consultant: 5. OWNER: CONTRACT SUM: Consultant: COMPLETION DATE: Phone No: PHONE NO: COMPLETION DATE: Phone No: PHONE NO: COMPLETION DATE: Phone No: PHONE NO: COMPLETION DATE: Phone No: PHONE NO: COMPLETION DATE: Phone No: BID SECURITY: The undersigned, provided the bid is accepted, agrees to enter into a Contract in accordance with the Contract Documents within ten (10) days after the Contract is awarded. In accordance with the terms of the Invitation to Bidders, enclosed is bid security in the form of Certified Check, Cashier's Check or Bid Bond for not less than ten percent (10%) of the total maximum amount of all bid items. The security will be retained by the CITY OF DENTON as liquidated damages In the event the undersigned is awarded the Contract and fails to execute ft. Bid Bond [ ] Cashier's Check [ ] Certified Check INE SECTION 00300 BID FORM PAGE 14 CONTRACTOR QUAUFICA71ON: In addition to the submittal of AIA Document A305 with the submittal of the Bidder's proposal, bidders must be able to substantiate the following at the request of the CITY OF DENTON: 1) Contractor successfully in business minimum of three (3) years. 2) Contractor has successfully completed minimum of three (3) projects each equal in value to at least 80% of the value of this Contract. INSURANCE CERTIFICATES: As part of the contract requirements a properly completed "Certificate of Insurance" will need to be provided. CITATIONS: The undersigned certifies that he has has never received any citations issued by Federal, State or Local regulatory agencies relating to asbestos abatement activities for the Contracting Company listed below and any and all its affiliates. If any citations have been issued attach a record of said citations including projects, dates and resolutions. LEGAL PROCEEDINGS/CLAIMS: The undersigned certifies that he [ I has fA has never been involved in any asbestos-related legal proceedings/claims In which the BIDDER (or employees scheduled to participate In this project) have participated or are currently involved. If any legal proceedings/claims have been Issued attach a record of said legal proceedings/claims including descriptions of role, issue and resolution to date. TERMINATIONS: The undersigned certifies that he [I has QQ has never been Involved In situations in which an asbestos related Contract has been terminated. If any terminations have been issued attach a record of said terminations Including projects, dates and reasons for terminations. SECTION 00300 BID FORM PAGE 75 CERTIFICATIONS: The undersigned certifies that he is authorized to execute Contracts on behalf of the BIDDER as legally named, that this proposal is submitted in good faith without fraud or collusion with any other BIDDER, that the data indicated below Is true and complete, and that the bid is made in good faith and in full accord with State Law. Notice or acceptance may be sent to the undersigned at the address set forth below. Legal name of BIDDER* NATIONAL ABATEMENT SERVICES. INC. Mailing Address 6212 Lemmon Ave. Dallas. TExas 75209 By (Legal Signature) Name Typed Fred Laneford Title President Corporation number Of applicable): DATA ON BIDDER: Abatement Contractor's State License: 80-0107 License Number Submit copy of License. *If a partnership, list partners and their addresses. If a corporation, type in corporate number; if bid is signed by other than the president or a vice-president, attach written authority to bind the corporation. If an individual, then so state. Any modification to a bid shall be over the Initials of the person signing the bid or of an agent who supplied written authority with the modification. STATE OF: TEXAS COUNTY OF: DALLAS N TO AND) SUBSCRIBED BEFORE ME, THIS 24th DAY OF June 19 93 / 0-4U JANE PARR gnature of Notary Public PdnW-Ni a=of 1lot8ry' PutiBr =1~ rA, MY COMMISSION EXPIRES: 6-17-97 SEAL: Nr,ny Pe' :c. Stale or Texas wy Comm:csion iiGires 6-17-91 S ..N..N.~t•~N~t•~~~NN~t•N~~t~~~N~ END OF SECTION CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 20 day of JULY A.D., 19 93, by and between CITY OF DENTON of the County of. DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and CNATIONAti ABA~EL~ffi]T SERVICES INC_. 6212 LEKKON AVE., DALLAS, TEXAS 75209 of the City of DALLAS , County of nar.r.as and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1516 - ASBESTOS REMOVAL DENTON MUNICIPAL CENTER in thn amnnnt of $ 43,100.00 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, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore,'as prepared by TRIAD ONSITE SYSTEMS , 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 0114s IN WITNESS, WHEREOF, the parties of these presents have executed this agreement 'in the year and'day first above written. ATTEST: ,~l✓~~~ia s~a~~ I OF D_ OWNER By (SEAL) ATTEST: (SEAL) APPROVED AS TO FORM: City Attorney CA-3 0114s i D & D Surety and Insurance Agency 500 N. Central Expressway Suite 223 Plano, Texas 75074-6762 Phone Number 214-578-5404 Fax Number 214-578-5407 Bond No. NB-156691 RIDER TO BOND INVOLVING TOXIC MATERIAL This Bond is being issued subject to the following express conditions which shall survive the release and discharge of Surety from any further liability of its performance and payment obligations required under its bond: FIRST: The bond issued by Surety shall not be considered to be a substitute for or in any other way satisfy the requirement for any type of insurance that may be contained in the contract documents between the Principal, Obligee and/or Owner. SECOND: No suit shall be commenced against the Principal or Surety for any default in performance or for labor performed or material supplied, after two years from the date of the contract between the Principal and Obligee, or one year after substantial completion, whichever occurs last. THIRD: No right of action against Surety shall inure to the benefit of any person, firm or corporation other than the Obligee, or for the use or benefit of the Obligee. FOURTH: Notwithstanding any provision contained to the contrary in the contract documents between the Principal, Obligee and/or Owner, Surety shall not be held liable or any other respect be responsible to the Obligee or to any other person, firth or corporation for any act(s) of negligence by the Principal, its agents, servants or employees or by any contractor employed by Surety to complete the contract in the event of the Principal's default, while performing the contract, which results in personal injuries or property damage. Signed, sealed, and dated this 28 day of July, 1993. Page 1 of 3 hmrd.ulr PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF f ru 1 THAT we, _imTIwAi Dwmcm 89"Icr,01 tstc. as Principal, and National American insurance Company as Surety, are hereby bold and firmly bound unto the City of Denton, hereafter called Obligee, in the penal sum of $ 43.100.00 which is the full amount of Principal's contract with the named Obligee, for the payment of which sum the said Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally firmly by these presents. WHEREAS, the principal has entered into a written contract dated 9-20-93 with Obligee named, to do and perform certain construction work as provided in said c6ntract and the related plans, specifications, general conditions and other contract documents, all of which are by reference made a part hereof. NOW, THEREFORE, the conditions of this Obligation is such that if the Principal shall faithfully perform all of the work in accordance with the plans, specifications general conditions and contract documents, and shall faithfully perform each, every and all other obligations incumbent upon him under the terms of said written contract referred to, and shall fully indemnify and save harmless the Obligee from all costs, expense and damage which it may suffer or incur because of Principal's default, or failure so to do, then this obligation shall be void, otherwise it shall remain in full ford and effect. A In the event Principal shall default in the faithful performance of the work called for by said written contract, plans, specifications and contract documents, the Surety shall within 15 days of the determination of default (determined as provided in said contract, general conditions and contract documents) take over and assume completion of said contract, or within such 15 day period make other arrangements satisfactory with the Obligee for completion of the contract, and said Surety shall become entitled thereupon to the payment or benefit of the balance of the contract price as the same matures according to Its terms. The Surety, for the protection of the Obligee herein, waives notice of, and hereby consents to any subsequent modification or alteration both In the work to be performed by the Principal, and the consequent price or sums to be paid by the Obligee, as well as any other change, or amendment, addition or deletion in the contract documents during the progress of the work, including but not limited to all extensions of time or other indulgences permitted the Pr4ncipal. Notwithstanding'any other provision, the liability of the Surety on this bond shall never exceed the penal sum stated in first paragraph. This Performance Bond is given in compliance with the terms and provisions of Article 5160 of the Revised avil Statutes. as amended by Chapter 93, H.B. 344, Acts of the Fifty-Sixth Legislature, Regular Session, approved and effective April 27, 1959, particularly Section A(a) thereof, and this bond and all of the provisions herein contained shall be solely for the protection of the named Obligee which has awarded the contract referred to. The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and represent that it is duly authorized to do business in Texas. Executed thish .~8 t ~ day of July 19 93 est: Prir}apal TYtle Approved as to Form by Obligee: TRg 1Yuret•~ By 4M r By Title Damis H. Mme, Atb=n-irt-fact NOTE: 1. This bond must be payable to the awarding authority, City of Denton as the named obligee, and it mutt be approved as to form by such awarding authority. 2. This bond must be f irnisbed before any work is commenced. 3. Surety must be a corporate surety duly autborized to do business in Texas. 4. This PERFORMANCE BOND must be in the full amount of the contract which it secures. 5. Power of Attorney born Corporate Surety should be attached to this Performance Bond. END OF BOND PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Msrrrota 1 THAT we, ta►rzoatat: l►M6s ouvzcao, INC._ as Principal, and nb~ ATEricen rrsi=m anpmv as Surety, are hereby held and firmly bound unto the City of Denton, hereafter called Obligee, for the sole use, benefit and protection of all claimants supplying labor and material (as hereinafter defined) in the prosecution of the work provided for in the written contract hereafter referred to in the penal sum of S 4.1 .ioo.oo . which is the full amount of Principal's contract with the named Obligee, for the payment of which sum the said Principal and Surety bind themselves, their beirs, executors, administrators and successors, jointly and severally firmly by these presents. WHEREAS, the principal has entered into a written contract dated 7-2g=93 with Obligee named, to do and perform certain construction work as provided in said contract and the related plans, specifications, general conditions and other contract documents, all of which are by reference made a part hereof. NOW, THEREFORE, the conditions of this Obligation is suet that if the Principal shall promptly make payments to all claimants supplying labor and material (as hereafter defined) in the prosecution of the work provided in said contract, the related plans, specifications, general conditions and other contract documents, then this obligation shall be void, otherwise it shall retrain in full force and effect. The Payment Bond is given in compliance with the terms and provisions of Article 5160 of the Revised Civil Statutes of the State of Texas as amended by Chapter 93, H.B. 344, Acts of the FiftySixtb Legislature, Regular Session, approved and effective April 27, 1959, particularly Section A(b) thereof, and the claimants referred to in this bond are those defined by such amendment to Article 5160, and this bond shall be solely for the protection of all sueb claimants supplying labor and material as defined in such amendment, in the prosecution of the work provided for in said contract, and shall be for the use of each such claimant and out others. The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and represent that it is duly authorized to do business in Texas. txeatted this h ditty of - s,,v 19,,.23.E Attest: BY Mtit Approved as to Form by Obligee: By &~,4`"C4 BY 71tle _ DMIis H- Myrg- atL3ra,zj ff t - NOTE: L This bond must be payable to the awarding authority, sty of Denton as the named obligee, and it must be approved as to form by such awarding authority. 2. This bond must be, furnished before any work is commenced. 3. Surety most be a corporate surety duly autborized.to do business in Texas. 4. This PAYMENT BOND must be in the FULL amount of the contract, S. Power of Attorney from Corporate Surety should be attached to this Payment Bond. END OF BOND ..-....,..e,~ rtlriGrvn.Aly INbURANCE COMPANY POWER OF ATTORNEY"';`. . OMAHA, NEBRASKA PRINCIPAL National Abatement Service, Inc. EFFECTIVEDATE July 28, 1993 6212 Lemmon Ave. Dallas, TX 75209 (STREET ADDRESS; (CITY; (STATE) (ZIPCODE) CONTRACTAMOUNT 43,100.00 AMOUNTOFBOND$ 43,100.00 POWER NO. NB 156691 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer end the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American Insurance Company does hereby make, constitute and appoint nenni a H Mnnrp - Statcof Texas its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the NatiDnal American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seat to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY STATE OF OKLAHOMA) COUNTY OF LINCOLN ) SS; s~pN INS4q f n W. Bent IACere. Chains n & Chief Exetadw Olricer o ~a "4 On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. ~ HOA MIt / / / O C o~~O F9 Notary Public MO PUBLIC ras My Commission Expires August 70. 1995 n„e« ,r °T<Axo~eta ~°Oln e0°t STATE OF OKLAHOMA) COUNTY OF LINCOLN ) 1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains In full force. Signed and Sealed at the City of Chandler. - NB(I)0599 /~cpN INauq~\ v,/oavoeer' 4~ n o sEAL~ a a Dated the 28tWayof July 19 93 Winifred E. Mendenhall, Assistant secretary e 5 of 5 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.2.1 In addition to items listed in 9.10.2 to be submitted before Final Payment will be made or remaining retainage released, Contractor shall defiver items required by Section 01700; contract Closeout of the Project Manual. ARTICLE 11; INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 Add the following sentence to 11.1.1 Contractor's insurance shall be placed only with companies that have achieved at least an "A" rating with A.M.Best. 11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add:, including private entities performing Work at the site and exempt form the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project. 11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add:or persons or entities excluded by statue from the requirements of Clause 11.1.1.1 but required by the Contract Documents to proved the insurance required by that Clause; Add the following Clause 11.1.2.1 to Subparagraph 11.1.2: 11.1.2.1 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is direct to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements , that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations with 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, contain the bid number and the title of the project.. Contractor may, upon written request to the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of 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 request prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: 3 June 1993 SUPPLEMENTARY CONDITIONS - 5 11391.D22 O Each policy shall be issued by a company eligible to do business in the State of Texas and must be acceptable to the City of Denton and Triad Onsite Systems, Inc. O Any deductibles of self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. O Liability policies shall be endorsed to provide the following: ■ Name as additional insured the City of Denton and Triad Onsite Systems, inc., and their 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. O All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal or reduction in coverage. O Should any of the required insurance be provided under a claims-made from, contractor shall maintain such coverage continuously throughout the tem of this contract and , with out 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 the expiration of the contract shall be covered. O Should any of the required insurance lapse during the contract term, request for payments originating after such laps shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance policies proposed or obtained in satisfaction of this contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [x] A. General Liability Insurance: General Liability Insurance with combined single limits of not less than $1.000.000 shall be provided and maintained by the contractor. the policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. if the Commercial General Liability form (ISO Form CG 0001 current edition) is used: O Coverage A shall include • premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and 3 June 1993 SUPPLEMENTARY CONDITIONS - 6 11391.1322 broad form property damage coverage. O Coverage B shall include personal injury. (D Coverage C, medical payments, is not required. If the comprehensive General Liability form (ISO From GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least; O 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. O Broad from contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [x] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less that $500.000.00 per occurrence efther in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury or property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee on-owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001 Current Edition) [x] Worker 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 Employers 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. Add the following Clauses 11.1.2.2 to Subparagraph 11.1.2: 11.1.2.2 Each policy of insurance listed above to be purchased and maintained by the contractor and each certificated of insurance for said insurance shall contain a complete waiver of subrogation against Owner, Architect and Architect's Engineers. Each cerOficate shall also list Owner, Architect and Architect's Engineers as a party insured. the immunity of the owner shall not be defense from the insurance carrier. 11.1.2.3 Contractor shall not commence work at the site under this Contract until he obtained all required insurance and submitted appropriate certifications. 11.1.2.3 Contractor shall not commence work at the site under this Contract until he obtained all required insurance and submitted appropriate certifications. Add the following sentence to Paragraph 11.1.3: 3 June 1993 SUPPLEMENTARY CONDITIONS - 7 11391.D22 If this insurance is written on the comprehensive general Liability policy form, the Certificates shall be AIA document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 25S will be acceptable. 11.3 PROPERTY INSURANCE 11.3.1.1 Add the following sentence to Clause 11.3.1.1: The form of policy for this coverage shall be Completed Value. Delete Clause 11.3.1.4 and substitute the following: 11.3.1.4 the Contractor shall provide insurance coverage for portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also for portions of the Work in transit. 11.4 PERFORMANCE BOND AND PAYMENT BOND Delete Subparagraph 11.4.1 and substitute the following: 11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Contractor's usual source, under conditions listed below. and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to 100 percent of the Contract Sum. 11.4.1.1 The Contractor shall deliver the required bonds to the Owner not later than three days following the date of the Agreement is entered into, or if the Work is to be commenced prior thereto in response to a letter of intent, the Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. 11.4.1.2 The Contractor shall require the attorney4n-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current comply of the power of attorney, indicating the monetary limit of such power. 11.4.1.3 Provide each bond on the form provided in the Project Manual. 11.4.1.4 Nor sureties will be accepted by the owner who are now in default or delinquent on any bonds or who are interested in any litigation pending against the Owner during the term of this Contract. All bonds shall be executed by a corporate surety authorized to do business in the applicable jurisdiction of this Project. The surety upon any bond furnished in connection with this contract shall be by any company holding a certificated of authority as an acceptable surety on Federal Bonds and as acceptable reinsuring company listed in the Federal Register of the Department of Treasury's latest annual edition of surety companies. The surety company or companies furnishing the surety bonds for this Contract must how a Department Treasury underwriting limitation not less than the total amount of the contract. Each bond shall be executed by the contractor and the Owner. should any of the surety be determined unsatisfactory at any time by the Owner, notice will be given to the Contractor, and the Contractor shall immediately provide a new surety (complying with Article 11) acceptable to the Owner and at no additional cost to the Owner. This contract shall not be valid n will any payments be due or paid until approval of each bond by the Owner. ARTICLE 12; UNCOVERING AND CORRECTION OF WORK 3 June 1993 SUPPLEMENTARY CONDITIONS - 8 11391.1322 SECTION 00300 BID FORM PAGE 10 BID FORM SECTION 00300 TO: CITY OF DENTON Date: 06/24/93 In compliance with your Invitation for Bids and subject to the conditions thereof the undersigned: NATIONAL ABATEMENT SERVICES. INC. (Name of BIDDER) a Corporation organized and existing under the laws of the State of: TEXAS A Partnership consisting of or an Individual trading as: having principal offices in the City of DALLAS hereby proposes to furnish labor and materials and perform Work required, Including all applicable taxes, license fees, permits, bonds, insurance premiums and other associated items necessary in the performance of the Work for the folknving Project: Project Name: OLD MOORE PRODUCTS BUILDING Address: 601 E. Hickory Project Number. 11391: D22 in accordance with Contract Documents dated: 6/1/93 as prepared by TRIAD ONSITE SYSTEMS, INC. ACKNOWLEDGEMENTS: The BIDDER declares that he has exar fined the site of the Work and fully informed himself regarding pertinent conditions, and that he has examined the Contract Documents (including Addenda received) for the Work relative thereto, and that he has satisfied himself relative to the Work to be performed. SECTION 00300 BID FORM PAGE 11 BASE BID: The BIDDER herewith submits for the portion of the Work Identified as "Base aid" a lump sum bid of: FORTY-ONE THOUSAND NINE HUNDRED DOLLARS Dollars 41, 900.00 Calendar Days: 14 Work Hours: 10 Hours/Day ALTERNATE NO.1: The BIDDER herewith submits for the portion of the Work identified as "Alternate No. 1" a deduct, if applicable, lump sum in the amount of, ZERO Dollars 0 ) Calendar Days 21 Work Hours: ALTERNATE NO, 2: The BIDDER herewith submits for the portion of the work identified as "Alternate No. 2" an addition, lump sum In the amount of., ONE THOUSAND TWO HUNDRED DOLLARS Dollars($_ 1,200.00 ) Additional Days 2 Work Hours: 10 Hours ADDENDA: The BIDDER acknowledges receipt of Addenda Numbers: ONE DATED JUNE 16. 1993 LIQUIDATED DAMAGES: The undersigned agrees, If awarded the Contract, to complete the Work within the number of calendar days shown In Section 01000 or pay the CITY OF DENTON $500.00 per calendar day In excess of such number of calendar days Liquidated Damages. PROJECT SCHEDULE: The BIDDER submits the following Work schedule as a modification of the Maximum Project Duration referenced in Section 01000 (BIDDER may submit modification to Increase the Project Duration only). The CITY OF DENTON will evaluate this submittal with consideration of the value of completion of the Project based on an Increase In the number of calendar days to complete the project. Should the BIDDER choose to work outside the schedule herein submitted, services for Inspection and Air Monitoring will be provided by TRIAD ONSITE SYSTEMS, INC. and shall be scheduled per Section 00800. The costs of such services will be backcharged by the CITY OF DENTON to the BIDDER at CITY OF DENTON'S cost plus twenty percent (20%). The BIDDER agrees to Start Work within 14 consecutive calendar days of receipt of notice to proceed and complete the Contract within: 12 consecutive calendar days. SECTION 00300 BID FORM PAGE 12 BIDDER's Work hours and days of week will be: TEN WORK HOURS PER DAY SIR DAYS PER WEEK (Attach additional sheet if necessary to identity BIDDER's Work schedule throughout Project Duration) UNIT PRICES: The BIDDER herewith submits for additional units of Work that may be identified by the CITY OF DENTON during the course of the Contract, or within sbdy (60) days following Final Completion, unit prices complete for removal and disposal of the following items: Minimum trip charge: $ 1,000.00 (to be applied if Work force is no longer at site) Straight run pipe insulation: (6" die pipe and smaller) Pipe fitting insulation: (6" die pipe and smaller) Dud removal: Gross debris on floor: $ 18.50 per Rn ft $ 28.00 per fitting $ 12.50 per sq It $ 1.25 Per sq ft The BIDDER as part of the bid package shall submit a list of a minimum of five (5) previous asbestos abatement projects of a similar scope and size, successfully completed by the BIDDER along with the Owner's name, address, and telephone number. If the projects were handled by a consulting firm, the name, address, contact and telephone number of the firm shall also be Included. SECTION 00300 BID FORM PAGE 13 LIST FIVE PREVIOUS ASBESTOS ABATEMENT PROJECTS: SEE ATTACHMENT 1. OWNER: PHONE NO: CONTRACT SUM: Consultant: 2. OWNER: CONTRACT SUM: Consultant: 3. OWNER: CONTRACT SUM: Consultant: 4. OWNER: CONTRACT SUM: Consultant: 5. OWNER: CONTRACT SUM: Consultant: COMPLETION DATE: Phone No: PHONE NO: COMPLETION DATE: Phone No: PHONE NO: COMPLETION DATE: Phone No: PHONE NO: COMPLETION DATE: Phone No: PHONE NO: COMPLETION DATE: Phone No: BID SECURITY: The undersigned, provided the bid is accepted, agrees to enter into a Contract In accordance with the Contract Documents within ten (10) days after the Contract is awarded. In accordance with the terms of the Invitation to Bidders, enclosed is bid security In the form of Certified Check, Cashier's Check or Bid Bond for not less than ten percent (10%) of the total maximum amount of all bid items. The security will be retained by the CITY OF DENTON as liquidated damages in the event the undersigned is awarded the Contract and fails to execute tL Bid Bond [ ] Cashier's Check [ ] Certified Check SECTION 00300 BID FORM PAGE 14 CONTRACTOR QUALIFICATION: In addition to the submittal of AIA Document A305 with the submittal of the Bidder's proposal, bidders must be able to substantiate the following at the request of the CITY OF DENTON: 1) Contractor successfully in business minimum of three (3) years. 2) Contractor has successfully completed minimum of three (3) projects each equal In value to at least 80% of the value of this Contract. INSURANCE CERTIFICATES: As part of the contract requirements a property completed "Certificate of Insurance" will need to be provided. CITATIONS: The undersigned certifies that he has bf has never received any citations issued by Federal, State or Local regulatory agencies relating to asbestos abatement activities for the Contracting Company Rated below and any and all Its affiliates. If any citations have been Issued attach a record of sold citations Including projects, dates and resolutions. LEGAL PROCEEDINGS/CLAIMS: The undersigned certifies that he [ ] has bQ has never been involved in any asbestos-related legal proceedings/claims in which the BIDDER (or employees scheduled to participate in this project) have participated or are currently involved. If any legal proceedings/claims have been issued attach a record of said legal proceedings/claims including descriptions of rote, issue and resolution to date. TERMINATIONS: The undersigned certifies that he has QQ has never been involved in situations in which an asbestos related Contract has been terminated. If any terminations have been issued attach a record of said terminations including projects, dates and reasons for terminations. SECTION 00300 BID FORM PAGE 15 CERTIFICATIONS: The undersigned certifies that he is authorized to execute Contracts on behalf of the BIDDER as legally named, that this proposal Is submitted in good faith without fraud or collusion with any other BIDDER, that the data Indicated below Is true and complete, and that the bid is made in good faith and in full accord with State Law. Notice or acceptance may be sent to the undersigned at the address set forth below. Legal name of BIDDER* NATIONAL ABATEMENT SERVICES, INC. Mailing Address 6212 Lemmas Ave. Dallas, TExas 75209 By (Legal Signature) Name Typed Fred Langford Tftle President Corporation number (if applicable): DATA ON BIDDER: Abatement Contractor's State License: 80-0107 License Number Submit copy of license. *If a partnership, list partners and their addresses. If a corporation, type in corporate number, if bid is signed by other than the president or a vice-president, attach written authority to bind the corporation. If an individual, then so state. Any modification to a bid shall be over the initials of the person signing the bid or of an agent who supplied written authority with the modification. STATE OF: TEXAS COUNTY OF: DALLAS NATO AND) SUBSCRIBED BEFORE ME, THIS 24th DAY OF June 19 93 "^~yl,¢/CZ/UL~ JANE FARR gnature of Notary Public Prin(0f.4ai id blNotmYy`PufiBb°-"` t( Na,r P'jS lc. State of Texas „I MY COMMISSION EXPIRES: 6-17-97 SEAL: y t rl` \C Pay Commasion Expires 6179 7 iv; END OF SECTION