2001-020 ORDINANCE NO ~.~O~/L. 0~ 0
AN O~miNANCE ^CCEPT~G COMPETITIVE BIDS A~ AWNING A PtmLIC WOm<S
CONTACT FOR THE RENOVATION O~ THE HEAT~G VENTILATION A~ AIR
CO~ITION~G ~HVAC> SYSTEM ^T CITY ~L EAST ENG~EEmSG SECTION, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
(BID 2620 - CITY HALL EAST / ENGINEERING SECTION HVAC RENOVATION AWARDED TO
THE LOWEST RESPONSIBLE BIDDER ,CBS MECHANICAL INC, IN THE AMOUNT OF $ 79,885)
WHEREAS, the City has solicited, and received competitive sealed bids for the construction of
public works or improvements in accordance with the procedures of STATE law and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that the
herein described bids are the lowest respondent for the construction of the public works or improvements
described m the bid invitation, and plans and specifications therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction of public works or
improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office
of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2620 CBS Mechanical Inc $ 79,885
SECTION II That the acceptance and approval of the above competitive sealed bid shall not
constitute a contract between the City and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance certificate after notification of the award ot
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 Request for Sealed Bids, and documents relating thereto spemfy~ng the terms, conditions,
plans and specifications, standards, quantities and specified sums contained therein
SECTION 1V That upon acceptance and approval of the above competitive sealed b~ds and the
execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council
hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specified ~n such approved
b~ds and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective ~mmedlately upon ~ts passage and
approval
PASSED AND APPROVED this the f-~~/~ day of ~~. 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2620 - CONTRACTUAL ORDINANCE 12-2000
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 2 day of _J. anuar, y__A D, 2001,
by and between C~ty of Denton of the County of Denton and
State of ~exas, acting through Michael W. Jez thereunto duly authorized so to do,
hereinafter termed "OWNER," and
CR,~ Meehamcal: Inc.
5001 We.~t llmvera~ty Drive
Denton: TX 769~07
of the City of Denton , County of Denton and
State of Texas , hereinafter termed "CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
B~d 2620I- C~ty. Hall Ea.q / En~neerm~ ~ect~on HVAC Renovations
in the amount of $79:885 and all extra work m connection therewith, under the terms as
stated m ithe 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, ~n~urance, and other accessories and services necessary to complete the work specdied
above, iff accordance with the condmons and prices stated in the Proposal and the Performance
and Payment Bonds, attached hereto, and m accordance with all the General Conditions of the
Agreement, the Special Conditions, the Not,ce to B~dders (Advertisement for B~ds), and
InstructiOns to Bidders, as referenced herein and on file m the office of the Purchasing Agent,
and ~n accordance w~th the plans, which mcludes all maps, plats, blueprints, and other
drawings, and printed or written explanatory matter thereof,
CA- 1
and the Spectficatlons therefore, as prepared by
Purcha,qmg and Facilities Management Department
all of which are referenced hereto and made a part hereof and collectively ewdence 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 C~ty
employee benefit City shall not have supervis~on and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the serwces
hereunder according to the attached specfficat~ons at the general d~rectlon of the City Manager
of the City of Denton, Texas, or h~s designee under th~s agreement
Indemnification
Contractor shall and does hereby agree to ~ndemnlfy and hold harmless the City of
Denton from any and all damages, loss, or habihty of any kind whatsoever, by reason of injury
to property or third persons occasmned by any error, omission or neghgent act of Contractor,
its officers, agents, employees, mwtees, and other persons for whom it ~s legally hable, w~th
regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the C~ty of Denton against any and all such claims and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall he in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the s~art of work as set forth in written notice to commence work and complete all work
w~thm the tmae stated m the Proposal, subJeCt to such extensions of time as are provided by the
General and Special Condmons
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreement
~n the year and day first above written
(SEAL)
ATTES[r 1 I
CBS ~C~NIC~. INC.
5001 ~ST ~IVERSI~ DRI~
DE~N~ T~S 76207
MAILING ADDRESS
9~0/387-7568
PHONE NUMBER
940/382-8974
FAX NUMBSR
APPROVED AS TO FORM P~NTED NAME
CITY ATTORNEY
CA - 3
Bond #46BCSAL3129
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That CBS Mechanical: Inc. whose
address iS 5001Ilmver~ty, Denton, TX76207 , hereinafter called Principal, and
Hartford Fire Insuranc'~ Company a corporation orgamzed and
existing under the laws of the State of Connecticut , and fully authorized to transact
business tn the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation orgamzed and existing under the laws of the State of Texas, hereinafter
called Owner, m the penal sum of Seventy Nme Thousand E~ght Hundred E~ghty F~ve and
no/100 DDLLARS ($ 79,885 ) plus ten percent of the stated penal sum as an additional sum of
money representing additional court expenses, attorneys' fees, and liquidated damages arising
out of or{connected with the below identified Contract, in lawful money of the United States,
to be paid m Denton County, Texas, for the payment of which sum well and truly to be made,
we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price,
but in nol event shall a Change Order or Supplemental Agreement which reduces the Contract
price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Prlnclpal~entered mto a certain Contract, Identified by Ordinance Number 2000-020, with the
City of Denton, the Owner, dated the 2 day of January A D 2001, a copy of which is
hereto attached and made a part hereof, for B,d # 2620 - C~ty Hall East / Eng~neenne
Sectmn HVAC Renovatmn.
NOW, THEREFORE, If the Principal shall well, truly and faithfully perform and fulfill
all of the undertakmgs, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter [be made, notice of which modifications to the Surety being hereby waived, and, if the
Prmclpallshall repair and/or replace all defects due to faulty materials and workmanship that
appear wRhm a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of fadure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remora m full force and effect
PB - 1
PROVIDED FURTHER, that If any legal action be flied upon this Bond, exclumve
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value recmved, hereby
snpulate~ and agrees that no change, extenszon of tmae, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficanons,
Drawings, etc, accompanying the same, shall m anywise affect its obhgat;on on thru Bond,
and ~t do~s hereby wmve notice of any such change, extenmon of time, alteration or addition to
the term~ of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawmgs, etc
Thru Bond xs g~ven pursuant to the prowmons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undermgned and designated agent m hereby demgnated by the Surety herein as the
Resldent~ Agent m Denton County to whom any requlmte notices may be dehvered and on
whom serwce of process may be had m matters ammng out of such suretyship, as prowded by
Article 7,19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, thxs instrument m executed ~n 4 cop~es, each one of
which shall be deemed an original, this the 2 day of_Jamlary~, 2001
ATTEST. PRINCIPAL
~X~5~. SURETY
WITNESS:
By ~_~f~ ~/ ~ Hart ford Fire Insurance Company
racy Tucker
Dallas
The Remdent Agent of the Surety m l~ County, Texas for dehvery of notme and serwce
of the process ~s
NAME ,William Lawrence Brown
STREE~ADDRESS 10300 N Central Expy #580 Dallas, TX 75231-8630
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporation, give a person's name )
PB - 2
Bond #46BCSAL3129
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That CBS Mechamcal, Inc. , whose
address m 5001 llmvers~ty, Denton; TX 76207 , hereinafter called Pmnc~pal, and
Hartford Fire Insurance Company , a corporation orgamzed and
existing under the laws of the State of CT , and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and emstmg under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish matermls for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
Seventy Nme Thousand E~ht Hundred E~ghty F~ve and no/100 DOLLARS ($ 79:gg5 ) In
lawful money of the United States, to be paid m Denton, County, Texas, for the payment of
which sum well and truly to be made, we hereby b~nd ourselves, our hmrs, executors,
administrators, successors, and asmgns, jointly and severally, firmly by these presents This
Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract pmce, but ~n no event shall a Change Order or
Supplemental Agreement which reduces the Contract price decrease the penal sum of th~s
Bond
THE OBLIGATION TO PAY SAME ~s condmoned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number _2fl0Dzfl20__-, w~th
the City of Denton, the Owner, dated the 2 day of ._January__ A D _20_03_, a copy of
which is hereto attached and made a part hereof, for B~d 2620 - C~ty Hall East / Engineering
Section HVAC Renovatmn.
NOW, THEREFORE, ff the Pnnmpal shall well, truly and fmthfully perform ~ts duties
and make prompt payment to all persons, firms, subcontractors, corporatmns and claimants
supplying labor and/or material in the prosecuuon of the Work provided for ~n said Contract
and any and all duly authorized modifications of sa~d Contract that may hereafter be made,
not,ce of which modifications to the Surety being hereby expressly wmved, then th~s obligation
shall be vmd, otherwme it shall remain m full force and effect
PROVIDED FURTHER, that if any legal action be filed on th~s Bond, exclumve venue
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby
stipulates and agrees that no change, extenmon of tune, alteration or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficauons,
Drawings, etc, accompanying the same, shall in anywme affect ItS obligation on this Bond,
and it does hereby waive notice of any such change, extension of t~me, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spectficatlons, Drawings, etc
PB - 3
This Bond is gtven pursuant to the prommons of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herem as the
Remdent ,Agent m Denton County to whom any requlmte nottces may be dehvered and on
whom service of process may be had m matters arising out of such suretyshtp, as provided by
Amcle 7,19-1 of the Insurance Code, Vernon's Annotated Ctvtl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed tn 4 cop~es, each one of
whtch shall be deemed an original, this the 2 day of January, 2001
ATTEST PRINCIPAL
PRESIDENT
~ SURETY
WITNESS.' Hartford Fire Insurance
BY ~ ~' ~Z-~ B~ ~(~pany
~-~K~O~T - Tracy Tucker
The Resident Agent of the Surety ~n Denton County, Texas for dehvery of notice and servtce
of the process Is
NAME William Lawrence Brown
STREET ADDRESS 10300 N Central Expy. #580 Dallas, TX 75231-8630
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporatton, gtve a person ~s name )
PB - 4
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connec'ucut
POWER: OF A'I'rORNEY
of FORT~ORTH TEX~4S
STATE OF CONNECTICUT -~
Hartford
COUNTY OFHA~TFORD ~
CERTIFICATE My Cormmsstoa Exp~e~ It~e 30 2004
Sig~edandsealedattheCdyofHadfo~t Datedthe 2md dayo~ January ~o 01.
Form S-3507-9 (HF) P~'~n~d in U S A
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TUCKER AGENCY IRC HOLDER THIS CERTIFICATE DOES Nor AMEND, EXTEND OR
t, o ~ox 228s ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW
COMPANIES AFFORDINQ COVERAGE
~ D
THI~ 18 TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW RAVE BEEN 18SUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED No'r~NITHSTANDINO ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE [S~UED OR MAY pERTAIN THE INSURANCE AFFORDED BY THE POMClES DEBCRISED HEREIN ~ SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POECIES MMITE SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS
A x COMMERCtALGENEFV~UABILRY C0t;58551871 09/01/00 09/01/01 PRODUCT"3 COMP/OP,N3G $ 2 000 000
I CL.NMS MADE L~J OCCUR PER~ONAL&ADVlNJURY $ 1 O00 000
/
DE~CRIPTIONOFOPERATION~/LOCA'rloNS/VEHICL~PE~IALITEMS Re City Hall East/HVAC Renovations -- City of Denton, its Officials,
Agents, Employees & volunteers are named additional lnsureds on all policies except workers compensation This
insurance is primary. Waiver of subrogation in favor of City of Denton, its Officials, Agents, Employees & volunteers
on workers compensation policy Said policies shall not be cancelled, nonrenewed or materially changed without 30
days advanced written notice being given to the Cit~ of Denton except when the policy is being cancelled for nonpaymen
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attention is thrected to the insurance requtrements below It ts htghly recommended
that btdders confer wtth their respecttve insurance carriers or brokers to determtne tn advance
of Btd submtssion the avatlabihty of insurance certtficates and endorsements as prescribed
and provided herein If an apparent Iow bidder fads to comply strtctly wtth the insurance
requtrements, that btdder may be disqualified from award of the contract Upon btd award, all
msurance requtrements shall become contractual obhgattons, whtch the successful bidder
shah have a duty to malntam throughout the course of thts contract
STANDARD PROVISIONS:
YYtthout bruiting any of the other obhgattons or habthttes of the Contractor, the Contractor shall
provtde and mamtam untd the contracted work has been completed and accepted by the Ctty of
Denton, Owner, the mmtmum insurance coverage as mdtcated hereinafter
As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the Purchastng
Department sattsfactory certtficates of msurance, contamtng the btd number and tttle of the
project Contractor may, upon written request to the Purchasmg Department, ask for
clartficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly
advtsed to make such requests prtor to btd opentng, stnce the insurance requtrements may not be
modtfied or watved after btd opemng unless a wrttten exceptton has been submttted wtth the btd
Contractor shall not commence any work or dehver any material unttl he or she recetves
nottficatton that the contract has been accepted, approved, and signed by the Ctty of Denton
All insurance pohctes proposed or obtatned tn sattsfactton of these requtrements shall comply
wtth the followtng general spectficattons, and shall be mamtatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, if so noted
· Each pohcy shall be issued by a company authorized to do business ~n the State of
Texas w~th an A M Best Company rating of at least A
· Any deductibles or selfqnsured retentions shall be declared ~n the b~d proposal If
requested by the C~ty, the insurer shall reduce or ehmlnate such deductibles or
selfqnsured retentions with respect to the City, ~ts officials, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteeing payment of losses
and related investigations, clmm administration and defense expenses
· Lmblllty pohcles shall be endorsed to prowde the following
oo Name as additional insured the C~ty of Denton, its Officials, Agents,
Employees and volunteers
· . That such insurance is primary to any other ~nsurance avmlable to the
addtt~onal ~nsured with respect to clmms covered under the pohcy and that th~s
insurance apphes separately to each ~nsured agmnst whom claim is made or
stat ~s brought The inclusion of more than one ~nsured shall not operate to
~ncrease the ~nsurer's hm~t of habthty
· All pohmes shall be endorsed to read.
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
· Should any of the reqmred ~nsurance be prowded under a clmms-made form,
Contractor shall mamtaln such coverage continuously throughout the term of ttus
contract and, w~thout lapse, for a period of three years beyond the contract expiration,
such that occurrences arising dunng the contract term whtch g~ve nsc to claims made
after expiration of the contract shall be covered
· Should any of the reqmred ~nsurance be prowded under a fom~ of coverage that
includes a general annual aggregate hm~t prowd~ng for clatms investigation or legal
defense costs to be ancluded ~n the general annual aggregate hm~t, the Contractor
shall e~ther double the occurrence hm~ts or obtmn Owners and Contractors Protective
Lmbthty Insurance
· Should any reqmred ~nsurance lapse dunng the contract term, requests for payments
originating after such lapse shall not be processed untd the C~ty receives satisfactory
ewdence of rexnstated coverage as reqmred by th~s contract, effective as of the lapse
date If insurance ~s not reinstated, C~ty may, at ~ts sole option, terminate th~s
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance pohctes proposed or obtamed tn sattsfactton of thts Contract shall addtttonally
comply with the following marked spectficatwns, and shall be matntatned tn comphance with
these addtttonal spectficat~ons throughout the duratton of the Contract, or longer, tf so noted
[X] ~ General Liability Insurance:
General Lmb~hty ~nsurance w~th combined s~ngle hm~ts of not less than $1 ;onr}~ooo
shall be prowded and malntmned by the Contractor The pohcy shall be written on
an occurrence bas~s e~ther m a single pohcy or ~n a comb~natmn of underlying and
umbrella or excess pohcles
If the Commercml General Lmbd~ty form (IS0 Form CG 0001 current ed~tmn) ~s
used
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual llab~hty covenng th~s
contract and broad form property damage coverage
· Coverage B shall include personal tnjury
· Coverage C, medtcal payments, ~s not reqmred
If the Comprehensive General Lmbd~ty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
o Bodily ~njury and Property Damage Lmbxhty for premises, operations,
products and completed operattons, independent contractors and property
damage resulting from exploston, collapse or underground (XCU)
exposures
· Broad form contractual habfl~ty (preferably by endorsemen0 covenng tins
contract, personal ~njury habfl~ty and broad form property damage habfl~ty
[X] Automobile Liabibty Insurance'
Contractor shall prowde Conunerc~al Automobde Lmbfl~ty insurance w~th Combined
Single L~m~ts (CSL) of not less than $~OO~aO0 e~ther m a s~ngle pohcy or m a
combination of basic and umbrella or excess pohc~es The pohcy will mcinde bodily
inJUry and property damage hab~hty arising out of the operatmn, maintenance and use of
all automobiles and mobile eqmpment used m conjunctmn w~th th~s contract
Satisfaction of the above reqmremant shall be ~n the form of a pohcy endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and mamtmn Worker's Compensatmn ~nsurance winch, ~n
addition to meeting the mm~mum statutory reqmrements for ~ssuance of such insurance,
has Employer's Liability hm~ts of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 pohcy hm~t for occupatmnal d~sease The C~ty need not be
named as an "Additional Insured" but the ~nsurer shall agree to wmve all rights of
subrogation agmnst the C~ty, ~ts officmls, agents, employees and volunteers for any work
performed for the C~ty by the Named Insured For building or construction projects, the
Contractor shall comply w~th the prowsmns of Attachment 1 ~n accordance w~th
§406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensatmn Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
p~hcy naming the City as insured for property damage and bodily injury which may arise
in' the prosecution of the work or Contractor's operations under this contract Coverage
sl~all be on an "occurrence" basis, and the policy shall be issued by the same insurance
cqmpany that carries the Contractor's liability insurance Policy limits will be at least
combined bodily injury and property damage per occurrence with a
aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Llainhty is not prowded or m unavailable to
the contractor or if a contractor leases or rents a portion of a City building Limits of not
less than. each occurrence are required
[ ] P~ofess~onal Liability Insurance
Professional habfl~ty insurance with hmlts not less than per claim with
respect to negligent acts, errors or omissions m connection with professional services Is
required under thls Agreement
[ ] BUilders' Risk Insurance
Bgflders' P~sk Insurance, on an All-Rask form for 100% of the completed value shall be
provided Such pohcy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Addltmnal Insurance
O~her insurance may be reqmred on an mdlmdual basis for extra hazardous contracts and
s~emfic service agreements If such addmonal insurance is required for a specific
c~ntract, that requirement will be described in the "Specffic Conditions" of the contract
specifications
ATTACHMENT 1
IX] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Defimt~ons
Certificate of coverage ("certlficate")~A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or ent~ty's employees
providing services on a project, for the duration of the project
Duration of the project - includes the t~me from the beg~nmng of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity
Persons prowdlng services on the project ("subcontractor" ~n §406 096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees Th~s includes,
wtthout limitation, ~ndependent contractors, subcontractors, leasing companies,
motor earners, owner-operators, employees of any such entity, or employees of any
entity which furnishes persons to prowde serwces on the project "Services" include,
w~thout hmltat~on, prowdlng, hauling, or delivering equipment or materials, or
providing labor, transportation, or other serwce related to a project "Services" does
not include actlwtles unrelated to the project, such as food/beverage vendors, office
supply dehvenes, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor providing services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends
dunng the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage w~th the governmental entaty
showing that coverage has been extended
The contractor shall obtain from each person provld~ng servmes on a project, and
prov, de to the governmental entity
(1) a certificate of coverage, prior to that person beglnmng work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing servmes on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extensaon of coverage, if the coverage period shown on the
current certificate of coverage ends dunng the duration of the project
F The contractor shall retmn all required certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notify the governmental entity ~n writing by certffied mail or
personal dehvery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
serwces on the project
H The contractor shall post on each project s~te a notice, tn the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing servmes on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage
I The contractor shall contractually require each person with whom it contracts to
prowde services on a project, to
(1) prowde coverage, based on proper reporting of classfficatlon codes and payroll
amounts and filing of any coverage agreements, whmh meets the statutory
reqmrements of Texas Labor Code, Section 401 011(44) for all of its
employees prov, dmg services on the project, for the duration of the project,
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all
employees of the person providing servmes on the project, for the duration of
the project,
(3) prowde the contractor, prior to the end of the coverage period, a new certfficate
of coverage showing extension of coverage, ~f the coverage period shown on
the current certificate of coverage ends dunng the duration of the project,
(4) obtain from each other person with whom ~t contracts, and provide to the
contractor
(a) a certfficate of coverage, prior to the other person beglnmng work on the
project, and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage penod shown on the current
certfficate of coverage ends dunng the duration of the project,
(5) retmn all reqmred oertfficates of coverage on file for the duration of the project
and for one year thereafter,
(6) not~fy the governmental entity m writing by cemfied marl or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the prowslon of coverage of any person providing services
on the project, and
(7) contractually require each person w~th whom it contracts, to perform as
reqmred by paragraphs (1) - (7), w~th the certificates of coverage to be
provided to the person for whom they are providing services
J By signing th~s eontraot or prowdlng or causing to be prowded a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who wall provide serwces on the proj oct will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classfficat~on codes and payroll amounts, and that all
coverage agreements will be filed w~th the appropriate insurance earner or, in the
case of a self-insured, w~th the commission's D~wston of Self-Insurance Regulation
Providing false or m~slead~ng reformation may subject the contractor to
admlmstratlve penalties, cnmmal penaltms, c~wl penaltms, or other civil actions
K The contractor's failure to comply with any of these prowslons is a breach of contract
by the contractor which entitles the governmental entity to declare the contract vmd
if the contractor does not remedy the breach w~thm ten days after receipt of notme of
breach from the governmental entity
Bid 2620- City Hall Easl/Englneering Section HVAC Renovation - CONTRACT, Bonds & INS 1-2001
City of Denton Soheitatlon No ~62.0
HVAC RENOVATIONS CITY HALL EAST/ENGINEERING January 1 I, 2000
PROPOSAL (BID) FORM
12/28/2000
2 ?9 P .m (LOCAL TIME)
TO: Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 715201
Gentleman
The undersigned having examined the Contract Documents entitled
HVAC Renovations, City of Denton
City Hall East/Engmeenng
And having visited the site of the proposed construction, and having famthmzed lumself
with the local con&hens affecting the cost of the work, and with all addenda to the smd
documents, hereby proposed to furnish all supervision, labor, materials, c4mpment, tools,
and'accessones and to perform all work in accordance with smd documents and addenda
thereto for the stipulated sum of
SEVENTY-NINE THOUSAND
I!;I¢-'It~ ltgl~]~l~l) EIgHTY-FIVE Dollars ($ 79,885 )
TOTAL BASE BID
Total Materials Incomorated rote the Pro~ect $ 63.000
Tot{d Labor, Supervision and Materials $ 16 ~885
No~ Incorporated into the Prelect
ADDENDA:
Aclmowledge receipt of the following addenda which are part of the bidding Documents
by placing Addenda #, Date issued and initialing
Addendum No 1; 12/20/00 ~ Addendum No
Addendum No Addendum No
The undersigned bidder hereby declares that he has visited the site of the work and has
carefully examined thc Contract Documents pertaining to the work covered by the above
bldJ And, he further agrees to commence work w~thm ten (10) days after written notice
to proceed and to substantially complete the work on which he has bid within 60 days
tlm~ Consecutive Calendar days subject to such extensions of time allowed by
specifications
2620
City of Denton Sohc~tation No
HVAC RENOVATIONS CITY HALL EAST/ENGINEERING January 11, 2000
The ,undersigned agrees that his bid shall be good and may not be withdrawn for a period
of 90 calendar days after the scheduled closing time for receiving bids
The undersigned bidder understands that the Owner reserves the right to reject any or all
bids and to waive any informalities in the bidding
Enclosed with this Bid is a Certified Check for
Dollars ($ )
or a Bid Bond in the sum of
5z oF P.~B Dollars ($ 5Z OF CAB )
which it is agreed shall be collected and retmned by the Owner as hqmdated damages m
the event this Bid is accepted by the Owner within 90 days after the bids are received and
the undersigned fails to execute the Contract and the required Bonds with the smd Owner
within ten (10) days after the date said Bid is accepted, otherwise said check or bond
shall be returned to the undersigned upon demand
/:Bi ME6~NI~AL. lNg.
Contraotor (firm name)
.~..~j ~7~j,~ (If Corporation, attest and affix a Corporate Seal)
Authorized Signature
T. FREI) EILA-ND~ PROJI]CT 1,[ANAGER
Title
Address 5001 WEST ~Illtllg$I~l'Y I)RII/E
City, State, Zip Code pxh"roN. TmtA.q 76207
Telephone Number 940/387-7568