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
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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