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2001-286
O ANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION FOR I-IVAC COOLING TOWER, REPLACEMENT FOR DOWNTOWN CHILLER PLANT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2679 - HVAC COOLING TOWER, REPLACEMENT FOR DOWNTOWN cIqn I F.R PLANT, AWARDED TO FROST & KEELING ASSOCIATES, INC, DALLAS, TX, IN THE AMOUNT OF $37,887 ) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2679 Frost & Keeling Associates, Inc $37,887 SECTION 11 That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION In That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contatned therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds m the manner and m the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ATTACHMENT 1 TABULATION SHEET BID 2679 DATE 6/26/01 HVAC COOLING TOWER - REPLACEMENT FOR DOWNTOWN CHILLER PLANT N01' DESCRIPTI(pN, , VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR I Frost & McDamel BCl Gulf Energy Argyle CBS i: Keehng Blackmnan Mechanical Systems Mechanical Mechamcal I Assoc Inc Corp Pnnc~ple Placeof Bus~ness Dallas, TX Ft Worth, TX Denton, TX Richardson, TX Argyle, TX Denton, TX Total Base B~d $37,887 $43,185 $54,766 $41,920 $53,700 $76, 056 1 Included in $2,500 $19,147 $15,000 Extended Warranty $20,041 $3,200 above 2 Addendum1 YES YES YES YES YES YES 3 B~d Bond YES YES YES YES YES YES 4 3 HVAC Cooling Tower, Bid # 2679 Replacement for Downtown Chiller Plant CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 21st day of August A D, 2001, by and between City of Denton oft_he County of Denton and State of Texas, aetang through Michael A Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Assoc ~/~ Frost & Keellng~ Inc P O Box 222109 Dallas, TX 75222 of the C~ty of Denton., County of Denton and State of Texas , hereinafter termed "CONTRACTOR" WITNESSETH That for and in considerat~on of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work specified below Bid #2679 HVAC Cooling Tower, Replacement for Downtown Chiller Plant ~n the mount of $37, 887 00 and all extra work m connection therewith, under the terms as stated ~n the General Condmons of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, eqmpment, tools, superintendence, labor, insurance, and other accessories and serwces necessary to complete the work specified above, m accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and m accordance w~th all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and ~n accordance w~th the plans, whmh includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specfficat~ons therefore, as prepared by City of Denton Staff all of whmh are referenced hereto and made a part hereof and collectively evidence and constitute the entire contract CA-1 HVAC Cooling Tower, Bid # 2679 Replacement for Downtown Chiller Plant Independent Status It ts 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 Indemmfication Contractor shall and does hereby agree to lndemmfy and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of mjury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, mwtees, 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 m 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 m 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 HVAC Coohng Tower, Bid # 2679 Replacement for Downtown Chtller Plant IN WITNESS WHEREOF, the partaes of these presents have executed th~s agreement ~n the year and day first above written TEST (SEAL) ATTEST FROST & KEELING ASSOC , INC CONTRACTOR GARY. S)N, CORPORATE SECRETARY DALLAS, TX 75222 MAILING ADDRESS ,'14/742-3069 PHONE NUMBER 214/748-7456 FAX NUMBER AP~ PRINTED NAME (SEAL) CITY ATTORNE¥~' CA - 3 HVAC Cooling Tower, Bid # 2679 Replacement for Downtown Chiller Plant PERFORMANCE BOND Bond No. 11133552858 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That FROST & KEELING ASwS~sd a~dss ts P O, Box 222109. Dallas. TX 75222 herema~ercalled Pmnclpal, a corporation orgamzed and ex, st~ng under the laws of the State of california , and fully authonzed to transact bumnass ~n the State of Texas, as Surety, are held and firmly bound unto the C,ty of Demon, a mun~mpal corporation orgamze~itg..d~.x~hng un,,er the la.w~s~of~ t~e State of ......... ~ ~even ~nousan~ ~xgr~r~ARS Texas, hermnaRer called Owner, in the penal sum ox .,~undr.~ gi '.,t S.~e~., ~ ~ ($ 37 887 00 ) plus ten percent oftl{e state~ peh%] s6m as an a~tlOh'aI sum of money representtng additional court expenses, attorneys' fees, and hqmdated damages anmng out of or connected w~th the below ~dentffied Contract, ~n lawful money of the Umted States, to be pad ~n Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our he,rs, executors, admunstrators, successors, and asmgns, jointly and severally, firmly by these presents Thru Bond shall automatically be mcreased by the amount of any Change Order or Supplemental Agreement whmh increases the Contract price, but ~n no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum ofthts Bond THE OBLIGATION TO PAY SAME as condmoned as follows Whereas, the Pmncapal entered mto a certmn Contract, ldentffied by Ordmance Number 2001-286, with the C~ty of Denton, the Owner, dated the 21st day of August A D 2001 , a copy of which is hereto attached and made a pa~ hereof, for HVAC Coohng Tower: Replacement for Downtown Chiller Plant NOW, THEREFORE, ff the Pnnc~pal shall well, truly and fmthfully perform and fulfill all of the undertakmgs, covenants, terms, condtt~ons and agreements of said Contract in accordance with the Plans, Spemficatlons and Contract Documents dunng the original term thereof and any extenmon thereof which may be granted by the Owner, with or without notme to the Surety, and dunng the hfe of any guaranty or warranty reqmred under thru Contract, and shall also well and truly perform and fulfill ~ll the undemakmgs, covenants, terms, conditions and agreements of any and all duly authorized modtficatlons of smd Contract that may hereat~er be made, not,ce of which modfficat~ons to the Surety being hereby waved, and, if the Pnnmpal shall repair and/or replace all defects due to fanlty matermls and workmanshtp that appear w~thm a period of one (1) year from the date of final completton and final acceptance of the Work by the Owner, and, ~fthe Pmnclpal shall fully lndemmfy and save harmless the Owner from all costs and damages whmh Owner may suffer by reason of ftulure to so perform hereto and shall fully reimburse and repay Owner all outlay and expense whmh the Owner may incur ~n making good any default or defimency, then thru obhgat~on shall be void, otherwme, it shall remain ~n full force and effect PB - 1 HVAC Cooling Tower, Bid # 2679 Rep acement for Downtown Chiller Plant PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the saad Surety, for value receaved, hereby stipulates and agrees that no change, extenmon of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficatlons, Drawings, etc, accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions 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 herren as the Resident Agent m Denton County to whom any reqmslte notices may be delivered and on whom service of process may be had m matters arising out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vemon's Annotated Clwl Statutes of the State of Texas IN WITNESS WHEREOF, tNs instrument ~s executed ~n 4 _cop~es, each one of which shall be deemed an original, thru the 21st _day of. August , 2001 ATTEST /2 I PRINCIPAL ~_..~ FROST & KEELING ASSDC._. INC. ~, ATTES SURETY ASSOCIATED INDEMNITY CORPORATION ATTORNEY-IN-~ACT Rosemary Weaver The Resident Agent of the Surety m Denton County, Texas for delivery of notice and servme of the process is NAME Willis of Tsxas~ Inc. STREETADDRBSS 13355 Noel Rd., Suite 400, Dallas, TX 75240 0WOTE Date of Performance Bond must be date of Contract If Remdent Agent ~s not a corporatton, g~ve a porson's name ) PB - 2 HVAC Cooling Tower, Bid # 2679 Replacement for Downtown Chiller Plant PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That FROST & K,FF~]~eA~a8fe'ss P O Box 222109, Dallas, TX 75222 , hereinafter called Prmc~pal, and ASSOCIATED INDENNITY CORPORATION , a corporation organized and exlsttng under the laws of the State of Californ~and fully anthonzed to transact business ~n the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumclpal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and eorporattons who may furnish materials for, or perform labor upon, the bulldang or tmprovements hereinafter referred to, ~n the penal sum of hi t S e Th sand E ght ) ~n lawful money of the Umted States, to be pard in Denton, County, Texas, for the payment of whtch sum well and truly to be made, we hereby bind ourselves, our hears, executors, adm~ntstrators, successors, and assigns, joantly and severally, firmly by these presents Thas Bond shall automattcally be increased by the amount of any Change Order or Supplemental Agreement which ~ncreases the Contract price, but m no 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 ts conditioned as follows Whereas, the Prtnc~pal entered tnto a ce~mn Contract, adent~fied by Ordtnance Number 2001-286, w~th the Caty of Denton, the Owner, dated the 21st day of August A D 2001 , a copy of which ~s hereto attached and made a pan hereof, for Bid #2679, HVAC Coohng Tower~ Replacement for Downtown Chiller Plant NOW, THEREFORE, if the Pnnclpal shall well, truly and faithfully perform tts duties and make prompt payment to all persons, firms, subcontractors, corporations and clmmants supplying labor and/ur material in the prosecntaon of the Work prowded for ~n smd Contract and any and all duly authorized modifications of smd Contract that may hereafter be made, not,ce of which modaficattons to the Surety beang hereby expressly waived, then thts obhgat~on shall be votd, otherwtse it shall rematn in full force and effect PROVIDED FURTHER, that af any legal actaon be filed on this Bond, exclusive venue shall he in Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extenswn of trine, alteration or addttlon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficattons, Drawings, etc, accompanying the same, shall tn anywise affect ats obhgat~on on th~s Bond, and it does hereby waave notace of any such change, extensaon of tame, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB - 3 HVAC Cooling Tower, Bid # 2679 Replacement for Downtown Chiller Plant This Bond ~s given pursuant to the provxs~ons of Chapter 2253 of the Texas Government Code, as amended, and any other appheable statutes of the State of Texas The undersigned and designated agent ~s hereby designated by the Surety herren as the Resident Agent in Denton County to whom any reqms~te nonces may be dehvered and on whom serwee of process may be had ~n matters arising out of such surety, as prowded by Article 7 19-1 of the Insurance Code, Vemon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, thts instrument as executed in /4 cop~es, each one of whmh shall be deemed an original, th~s the 21Stday of August , 2001 A~EST { PRINCIPAL S~CRET~ ATTEST SURETY ASSOCIATED II~IDEI~ITY CORPOEA?IOIq BY~k~ ~ ATTORNEY-IN-¥ACT Rosemary !geaver The Restdent Agent of the Surety m Denton County, Texas for dehvery of not~ce and service of the process ts NAME lgt. ll±s of Texas~ Inc. STREET ADDRESS 13355 Iqoel Rd , Su:[te /400, Dallas, TX 752/40 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporation, give a person's name ) PB - 4 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That FIREMAN S FUND INSURANCE COMPANY a Callforma corporation NATIONAL SURETY CORPORATION an llhnms corporatton THE AMERICAN INSURANC COMPANY a New Jersey corporatmn redomes ca ed n Nebraska ASSOCIATED INDEMNITY CORPORATION a Cahfonlta corporation and AMERI~%N AUTOMOBILE INSURANCE COMPANY a Missouri corporauon (herein col[ecttvelv called the Compames ) does each hereby appoint ROSEMARY WEAVER AND JOHN R STOCKTON OF DALLAS TX he r m e and lawful A tomey(q) m Fact w~th fu [ power of authoray hereby conferred Ill their mime place and ~tead to execute sea[ acknowledbe and dehxer any and all and to brad thC Compames thereby as fully and Io tile same extent ax d such bonds wet~. slt. ncd by tile President qealed with the corporate seal~ of iht Compline, and duly attested by the Compam~ Secretory hereby ratifying and conhrmmg ali that ~he ~ nd Auorncy(~) tn Fact m~ do m the premises Tht~ pn ~ o attorney ~ granted under and by the authority of Amcle VI[ of the By law~ of F REMAN S FUND NSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN NSURANCE COMPANY ASSOCIAFED I~DEMNITY CORPORATION and AMER CAN AUTOMOB LE INSURANCE COMPANY wh~dt pmw~ons are now m full force and effect e followm Re~oluUon adopted by the Board of Directors ol FIREMAN S FUNDINSURANCE Thru ower of attorney m s~gned and sealed un~Lt)e2gt~o~t~,~ ....... ,t~aut-~ COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN COMPANY NATIONAL SURETY CORPORATIuN l~e,~t~2~h~'~ cn consent on the 19th day of bhrch 1995 and ~md Re,olmmn ha~ not been AUTOMOBILE INSURANCE COMPANY at a meeting amy ca,,~ a ........ . amen&d o~ r[pcaled vahd and binding upon the Compames IN WI SS dayof__ Dec~mbe~ lP~~ FIREMAN S FUND [NSU~NCE COMPANY ~ . ~ ~ ~ ~ ~ [ g- ASSOCIATED INDEMNITY CORPORATION STATE OF CALIFORNIA } ss COUNTY OF MARIN Compames that Ihe seals affile~ to ~{ said mstm eat P Y togaed bls name &emro by hkg order IN WITN~S WHEREOF I have h,munto set my hand and affix~ my officml seal ~e day and ye~ hereto first above written , ~ ~ Not~ Pu~llc- Callf~n~ ~ / ~' ~ ~ ' / ~~m ~,~1 [ CERTIFICATE STATE OF CALIFORNIA } ss COUNTY OF MARIN y CERTIFY that the foregoing and attach~ POWER OF AWORNEY remains m full force S,gned and s.icd at the County of Marm Dated thc ~ I day :~. 360?89 11 98 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OF CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS F,~)R INFORMATION ONLY AND DOES NOT BECOME A PART OF CONDITION OF THE ATTACHED DOCUMENT. ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE,. E 09/04/2001 PRODUCER (972)419"7500 FAX (972)419-7555 THIS CERTIFICATE IS ISSUED AS A MAI ;'GA OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sleeper Sewell & Cc~mpany HOLDER THIS CERTIFICATE DOES NOTAMEND, EXTEND OR 12222 Merit DI' , Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Dallas, TX 75251-3294 INSURERS AFFORDING COVERAGE INSURED INSURERA Commercial Union TnB Co FROST & KEELTNG ASSOC , TNC ~NSURERG A~er~can Central Zns Co AMCON CONTROLS ,NSUeERC Texas Worker's Com Zns Fund P. O BOX 222109 INEURERD DAI1LAS, TX 75222 INSURERE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POI. CY EFFECFIVE =OLICY EXPIRATION LIMIT8 GENERAL UABIMTY CRR515872 01/12/2001 01/12/2002 EACH OCCURRENCE $ 1~000 ~O00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (,Any one fire) $ 300 ~ 000 I CLAIMS MADE [] OCCUR MEO EXP (Any one person) $ S, 000 A ¢G0001 APpLTES PERSONN. & ADV INJURY $ 11000 ~000 -- GENERA/. AGGREGATE $ 2 f 0001000 GENLAGGREGATELIMITAPPMEGPER ,RODUCTS COMP/OPAGG $ 2~O00tO00 AUTOMOBILE LIABiLiTY 4RAGED829[ 01/12/2001 01/12/2002 COMBINED SINGLE LIMIT $ ;..~de.t) 1 ~ 000100(~ -- Per person) B EXCESS LIABILITY :RDIdO9427 01/12/2001 01/12/2002 EACH OCCURRENCE $ 2,000100u ~ OCCUR ~-] CLAIMS MADE AGGREGATE $ 2 ~ 000,000 A $ RETENTION $ WC ~TATU WORKERS CONPI~EAT~ON ARC rSF1006550320010415 04/15/2001 04/15/2002 ITORYUM~TSl EMPLOYER8 UABILITY EL EACHACCIDENT $ 1~O00~00C C EL DISEASE EAEMPLOYEI $ 1~000~00( EL DISEASE POUCYUMn $ 1~000~00( ~Escm"~N~F~PERA~Ns&OCA~N~!vEH~cLEeExcLu~`$`~.~E~`Y.~N~"~E~i~"~`R?'s~g~s~rv AND AUTO L~:ABZL[TY CERTTFTCATE HOLOERI ]:S NAt4ED AS ADD1 zuNAL ~a~u~cu fur ur_l~ ~nu~ 30 DAYS NOT[CE OF CANCELLAT]:ON ANO/OR MATERTAL OIANGE TS ATTACHED TO GENERAL LTJUIIL_TTY, AUTO LIABIL/TY AND WORKERS COMPENSAT[ON. Ci:K¥i~iCATE HOLDER , I I AoOmONAL INSURED, INSURER L~rrER CANCELLATION SROU~O ANY OF THe ABOVE DESCRIBED POUClES BE CANCELLED BEFORE THE CITY OF DENTON, 1-rs OFFTCTALS, AGENTS ~ EMPLOY e~ FAll,UAE TO MNL SUCH ROllCE SHALL IMPOSE NO OBLIOATIOR OR AND VOLUNTEERS OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES 901B TEXAS ST DENTON, TX 76201 ~UTNORLZEDREPRESENTATiVG Hll~aa Sleeper ©ACORD CORPORATION 1988 ACORD 25~R (7197) Bid # 2679 HVAC Cool~g Tower, Replacement for Downtown Chiller Plant CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder s attention is directed to the insurance reqmrements below R is highly recommended that bidders confer with their respective msurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided hereto If an apparent low bidder falls to comply strictly with the msurance reqmrements, that bidder may be disqualified from award of the contract Upon bid award, all insurance reqmrements shall become contractual obhgations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS Without limiting any of the other obligations or llabdities 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 notfficatton of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the prolect Contractor may, upon written request to the Purchasing Department, ask for clarfficatlon of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opemng unless a written exception has been submitted w~th the bid Contractor shall not commence any work or dehver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general speeffieataons, and shall be maintained in eomphanee with these general speeffieations throughout the duration of the Contract, or longer, if so noted Each pohcy shall be issued by a company authorized to do busmess in the State of Texas with an A M Best Company rating of at least A Any deductibles or self-insured retentions shall be declared ~n the b~d proposal If requested by the City, the insurer shall reduce or ebmmate such deductibles or selfqnsured retentions with respect to the City, its offimals, agents, employees and volunteers, or, the contractor shall procure a bond gnaranteemg payment of losses and related ~nvestlgatlons, claim admlmstration and defense expenses Liability policies shall be endorsed to provide the following · . Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers · . That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the pohcy and that this ~nsurance apphes separately to each insured against whom claim is made or stat Is brought The inclusion of more than one ~nsured shall not operate to increase the ~nsurer's hm~t of hablhty HVAC Cooling Tower, Bid # 2679 Replacement for Downtown Chiller Plant All poheles 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 NONPAIqffENT OF PREMIUM IN WHICH CASE I0 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" Should any of the required insurance be provided under a claims-made form, Contractor shall mamtam such coverage contmuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term which give rise to claims made after expiration of the contract shall be covered Should any of the required insurance be promded under a form of coverage that includes a general annual aggregate limit promdmg for claims investigation or legal defense costs to be included in the general annual aggregate hmtt, the Contractor shall either double the occurrence hmlts or obtain Owners and Contractors Protective Ltabthty Insurance Should any reqmred msuranee lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance ts not reinstated, City may, at tis sole option, terminate th~s agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance policies proposed or obtained tn 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 Llabdity Insurance General Liabihty insurance w~th combined single hmtts of not less than $1,000,000 shall be provided and maintained by the Contractor The pohcy shall be written on an occurrence basis either m a single pohcy or tn a combination of underlying and umbrella or excess pohcies If the Commercml General Ltablhty form (ISO Form CG 0001 current editwn) ts used · Coverage A shall include premises, operations, products, and completed oparat~ons, mdepandent contractors, contractual hablhty covenng this contract and broad form property damage coverage Coverage B shall include personal Injury Coverage C, medical payments, ts not required If the Comprehensive General Ltabdlty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall mclude at least HVAC Cooling Tower, Bid # 2679 Replacement for Downtown Chdler Plant Bodily injury and Property Damage L~abfllty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures Broad form contractual liability (preferably by endorsement) eovenng this contract, personal injury liability and broad form property damage liability [X] Automobde L~abd~ty Insurance' Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $$00,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include boddy injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used m conJunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for · any auto, or all owned, h~red and non-owned autos [X] Workers CompensaUon Insurance Contractor shall purchase and ma,ntaln Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employers Liability hm,ts of at least $100,000 for each accident, $100,000 per each employee, and a $$00,000 policy hmit for occupational disease The C~ty need not be named as an "Addmonal Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the prowsions of Attachment 1 m accordance w~th {}406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's CompensaUon Commission (TWCC) [ ] Owner's and Contractor's Protective Lmbthty Insurance The Contractor shall obtain, pay for and maintain at all t~mes during the prosecut, on of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractors operations under th~s contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's llabthty insurance Policy hmlts will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fare Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or If a contractor leases or rents a portion of a C~ty building L~mits of not less than each oeanrrenee are required HVAC Cooling Tower, Bid # 2679 Replacement for Downtown Chiller Plant Professaonal Llablhty Insurance Professtonal habfltty tnsurance with hmtts not less than per clatm w~th respect to neghgent acts, errors or omtsstons m connectton w~th professtonal servtces ts requtred under th~s Agreement [ ] Builders' Risk Insurance Builders' Rtsk Insurance, on an All-Rtsk form for 100% of the completed value shall be prowded Such pohcy shall tnclude as "Named Insured" the Ctty of Denton and all subcontractors as thetr antorests may appear [ ] Addltaonal Insurance Other tnsurance may be requtred on an md~vtdual basts for extra hazardous contracts and spectfic servtce agreements If such addtt~onal tnsurance ts requtred for a specific contract, that reqmrement will be described tn the "Spectfic Condlttons" of the contract specifications HVAC Cool~ng Tower, Bid # 2679 Replacement for Downtown Chiller Plant ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A Defimt~ons Certificate of coverage ("eert~ficate")-A copy of a certificate of insurance, a certificate of anthor~ty to self-insure ~ssued 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 - mcludes the tame from the beginnmg 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" in §406 096) - includes all persons or entit~es performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted dtrectly with the contractor and regardless of whether that person has employees This ~ncludes, w~thout hm~tat~on, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to prowde services on the project "Services" ~nclude, without hmitat~on, providing, hanlmg, or dehvenng equipment or materials, or providing labor, transportataon, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery 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 prowdmg services on the project, for the duraUon of the project C The Contractor must prowde 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 during 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 entity showing that coverage has been extended E The contractor shall obtain from each person prowdmg services on a project, and prowde to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental enttty will have on file certificates of coverage showing coverage for all persons prowdmg services on the project, and HVAC Cooling Tower, Bid # 2679 Repl. acement for Downtown Chiller Plant (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified marl or personal delivery, within l0 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, mformmg all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually require each person with whom tt contracts to provide services on a project, to (1) provide coverage, based on proper reporting of class~fication codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of tis employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person begtnmng work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person begtnmng work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, tf the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity tn writing by certified marl or personal dehvery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person provtdmg services on the project, and HVAC Cooling Tower, B~d # 2679 Replacemen~t for Downtown Chiller Plant (7) contractually require each person with whom tt contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J By slgnmg this contract or providing or causing to be provided a certificate of coverage, the contractor ts representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensaUon coverage for the duration of the project, that the coverage will be based on proper reportmg of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, m the case of a self-insured, with the commission's Division of Self-Insurance Regulation Providing false or misleading reformation may subject the contractor to admtmstraUve penalues, criminal penalues, clwl penalues, or other civil actions K, The contractor's failure to comply with any of these provisions ts a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach wlthm ten days after receipt of notice of breach from the governmental entity Bid 2679 - I-IVAC Coohng Tower, Replacement for Downtown Chiller Plant