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1999-062 ORDINANCE NO qq AN o IN NCE ACCEPTIN CO ETI VE BIDS AND A WO S CONTRACT FOR THE INSTALLATION OF THE DENTON VISUAL ARTS BUILDING HVAC RENOVATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #2333 - DENTON VISUAL ARTS BUILDING HVAC RENOVATION AWARDED TO BCI MECHANICAL, INC IN THE AMOUNT OF $64,745) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpubhe 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 ~mprovements 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 ofpubhc works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the C~ty'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 2333 BCI MECHANICAL, INC $ 64,745 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and ~nsurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary wntten contracts for the performance of the construction of the pubhc works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Nottce to B~dders and Bid Proposals, and documents relating thereto specifying the terms, cond~tlons, plans and specifications, standards, quantities and specified sums contmned therein ~ That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authonzes the expenditure of funds m the manner and in the amount as specified in such approved bids and anthonzed contracts executed pursuant thereto SECTION V That this orchnance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~/xI/ day of ~ ,1999 JACK~ff~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2333 - HVAC RENOVATION CONTRACTUAL ORDINANCE ATTACHMENT #1 TABULATION SHEET BID# 2333 TMC BCI CBS INFINITY WELDON BID NAME DENTON VISUAL ARTS BLDG HVAC TIOGA MECHANICAL CONTRACTOR CONTRATOR RENOVATION MECH DATE 2-Feb-99 TOTAL BID AWARD $82,645 00 $64,745 00 $71,200 00 $88,495 00 $69,925 00 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2 day of MARCH A.D, 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, actmg through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and BCI MECHANICAL, INC. 400 E. OAK STREET DENTON, TX 76201 of the C~ty of DENTON County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and m cons~deration 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 with OWNER to commence and complete performance of the work specified below BID # 2333- DENTON VISUAL ARTS BUILDING I-IVAC RENOVATION / ~n the amount of $ 64,74~ and all extra work m connectton therewtth, under the terms as stated m the General Condmons of the agreement, and at his (or their) own proper cost and expense to furmsh all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, m accordance w~th the condlttons and prices stated ~n the Proposal attached hereto, and m accordance w~th all the General Conditions of the Agreement, the Special Conditions, the Notice to Btdders (Advertisement for B~ds), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and m CA- I accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by FACILITY MANAGEMENT DEPARTMENT 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 supervlsmn 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 specfficatmns at the general directwn of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to mdenmify 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, mvitees, 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 clanns 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 m written notice to commence work and complete all work w~thm the tn-ne stated in the Proposal, subject to such extensions of rune as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown m the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the part,es of these presents have executed th~s agreement m the year and day first above wr,tten ATTEST ~ { (SEAL) ATTEST ~0, k_ O(J CONTRACTOR Denton, Texas 76201 MAILING ADDRESS (940) 565-1010 PHONE NUMBER (940) 898-1120 FAX NUMBER BY Vzce President APPROVED AS,TQ~FORIVI ~ yED'NAME,~,~nklxn W. Cunnl. ngham CiT~ATTO~~ ~~ (SEAL) CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That BCI MECHANICAL, INC., whose address is 400 E. OAK STREET, DENTON, TX 76201, hereinafter called Principal, and Contznental Casualty Company , a corporation organmed and existing under the laws of the State of TEXAS, and fully authorized to transact business m the State of Texas, as Surety, are held and fn'mly bound unto the City of Denton, a mumclpal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, m the penal sum of SIXTY-FOUR THOUSAND SEVEN HIYNDRED FORTY-FIVE and no/100 DOLLARS ($64,745) 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 in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby brad ourselves, our heirs, executors, administrators, successors, and asslguS, jointly and severally, firmly by these presents This Bond shall automatically be increased b,y the amount of any Change Order or Supplemental Agreement which increases 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 m condltloned as follows Whereas, the Principal entered into a certain Contract, identified by Ordmance Number 99-062, with the City of Denton, the Owner, dated the 2 day of MARCH A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2333 - DENTON VISUAL ARTS BUILDING HVAC RENOVATION. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Speclficatwns and Contract Documents during the original term thereof and any extenmon thereof which may be granted by the Owner, with or without notice to the Surety, and during the llfe 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 authomzed mod~fications of said Contract that may hereafter be made, not,ce of which modifications to the Surety being hereby waived, and, if the Principal shall repmr and/or replace all defects due to faulty materials and workmanship that appear w~thm a pemod 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 failure to so perform herein and shall fully rennburse and repay Owner all outlay and expense which the Owner may incur m making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain ~n full force and effect PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans. Specfficatlons, Drawings. ere, accompanying the same, shall m anywise affect its obhgatlon on this Bond, and it does hereby waive nonce of any such change, extension of tune, alteration or addlnon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, SpecffiCatmns, Drawings, etc Tins Bond is given pursuant to the provmlons of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agem is hereby designated by the Surety hereto as the Resident Agent in Denton County to whom any reqmslte nonces may be dehvered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-I of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this mstrumem is execmed in 4 copies, each one of whigh shall be deemed an original, this the 2 day of MARCH 1999. ATTEST PRINCIPAL ATTEST SURETY ATTORNEY-IN-FACT M~chael P Wh~senant The Resident Agem of the Surety in Denton County. Texas for delivery of notice and service of the process is NAME Jo¥ce Holl±ngswor th STREET ADDRESS 100 West 0ak~ Dentont Texas 76201 (NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a corporation, g~ve a person's name ) PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That BCI MECHANICAL, INC, whose address Is 400 E. OAK STREET, DENTON, TX 76201, hereinafter called Prmmpal, and Continental Casualty Company a corporation orgamzed and existing under the laws of the State of TEXAS, and fully authomzed to transact business ~n the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal corporatmn orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporatxons who may furmsh materials for, or perform labor upon, the braiding or unprovements hereinafter referred to, m the penal sum of SIXTY-FOLrR THOUSAND SEVEN HUNDRED FORTY-FIVE and no/100 DOLLARS ($64,745) ~n lawful money of the Umted States, to be paid ~n Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bmd ourselves, our heirs, executors, admmmtrators, 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 ~n no event shall a Change Order or Supplemental Agreement whxch reduces the Contract pmce decrease the penal sum of th~s Bond THE OBLIGATION TO PAY SAME m conditioned as follows Whereas, the Prmcxpal entered into a certain Contract, ~dent~fied by Ordinance Number 99-062, w~th the C~ty of Denton, the Owner, dated the 2 day of MARCH A.D 1999, a copy of which m hereto attached and made a part hereof, for BID # 2333 - DENTON VISUAL ARTS BUILDING HVAC RENOVATION. NOW, THEREFORE, ff the Prmmpal shall well, truly and fmthfully perform ~ts duties and make prompt payment to all persons, firms, subcontractors, corporations and clannants supplyntg labor and/or maternal In the prosecutmn of the Work prowded for m smd Contract and any and all duly authorized modifications of smd Contract that may hereafter be made, not~ce of wfuch modifications to the Surety being hereby expressly wmved, then thru obbgat~on shall be void, otherwme :t shall remain m full force and effect PROVIDED FURTHER, that d any legal action be filed on thru Bond, exclumve venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value recmved, hereby stipulates and agrees that no change, extenslun of tune, alteration or add~t:on to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, ere, accompanying the same, shall m anywme affect its obhgat~on on thru Bond, and ~t does hereby wmve notice of any such change, extenmon of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficatmns, Drawings, etc PB - 3 This Bond m 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 ts hereby designated by the Surety hereto as the Remdent Agent tn Denton County to whom any requisite notices may be delivered and on whom servme of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code. Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF. this instrument ts executed tn 4 copies, each one of which shall be deemed an original, thxs the 2 day of MARCH 1999. ATTEST ~- PRINCIPAL ATTEST SURETY v.,..~ ~__~~ Cont ~nental Casual tx C~mpany ATTORNEY-IN-FACT i~chael P Wh:tsenant The Remdent Agent of the Surety m Denton County, Texas for dehvery of noUce and service of the process m NAME Joyce Hollingsworth STREET ADDRESS 100 West 0ak~ Denton~ Texas 76201 (NOTE Date of Payment Bond nmst be date of Contract If Restdent Agent ts not a corporatton, gtve a person's name ) 2333 CONTRACT & BONDS & INSURANCE PB - 4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Melt By These Presents, That CONTINENTAL CASUALTY COMPANY, an Ill,hals corporation, NATIONAL FiRE INSURANCE COMPANY OF HARTFORD, a Conn~ltout corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corpor~on (herein colleof~'ely called "the CCC Surety Companies") are duly organized and eXlatlng corporations having their pnnclpal offices ~n the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, cons'atute and appoint Michael P Whl~lantr Bobb)~ W Buehr Individually of Dallas~ Texa~ their flue and lawful Attomey(s)-tn-Feet with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds underlakmgs and other obligatory instruments of similar nature - In Unhmited Amounts - and to bind them thereby as fully and to the same extent as if such ~nsfluments were signed by a duly authorized officer of their corporebons and all the oafs of asld Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and exemJtsd pursuant to and by au~onty of the By-Laws and Resolu~one pnnted on the reverse hereof duly adopted, as indicated, by the Boards of Directors of the corporations In Wlt~eas Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on th~e 7th day of October 1997 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUAL'FY COMPANY OF READING, PENNSYLVANIA ~ Marvin J Cash~on Group Vies President State of IIl~no~s, County of W~II, as On this 7th day of O~tober 1997 before me personally came Marvin J Cashion, to me known, who, being by me duly sworn, did depose and say that ha resldas ~n the City of Chicago, Stats of Illinois that he ~s a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described ~n and which executed the above Instrument, that he knows the seals of as~d corporations, that the seals affixed to the said ~natrumant are such corporate seals, that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to hke a~hor~y, and acknowledges same to be the a~t and dasd of said corporat~e My Commission Expires June 5, 2000 E~lesn T Pachuts Notary Public CERTIFICATE I, Mary A Riblkawekis, Assistant Secretory of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and A~MERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power cf Attorney herein above set forth is still in fores, and further cerlify that the By-Law and Resolution of the Board cf D~re=tore of each corporation pnntod on the reverse hereof are ~ttJll ~n force In testimony whereof I have hereunto subecnbed my name and affixed the seals of the es~d corporations NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Mary A Rib~kawsk~s Assistant Secretary (Rev 10/1/97) Authonz;ng By-Laws and Resolut, ons ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY Th~a Power of Attorney ~e made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Direofore of the Company "Article IX---Execution of Dosumants Section 3 Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President ar any Executive, Senior or Group V~ce President may from time to time, appoint by wntfan cerbfioatea attomeys-~n-faat to eof in behalf of the Company ~n the execution of poltc~se of insurance bonds, undertakangs and other obligatory ~cstrumanfa of I~ke nature Such attomeys-m-faot, subject to the I~mifatioes eat forth In their rsspectwe cerflfloatso of authority, shall have full power to bind the Company by their signature and execution of any such ~nat~uments and to attach the seal of the Company thereto The Chairman of the Board of Dtrsotors, the Prea~dsot or any Executive, Senior or Group Vice President or the Board of Directors, may at any time, revoke all power and authority previously g~ven to any attorney-in-fact" This Power of Attorney is s~gned and sealed by facsimile under and by the authority of the following Reaolution adopted by the Board of D~rsctors of the Company eta msetmg duly csfled and held on the 17th day of February, 1993 Resolved that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Seof~on 3 of Artl(=le IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any cat.cate of any such power and any power or certificate bsenng such facsimile s~gnature and seal shall be valid and b~ndlng on the Company Any such power so executed and sealed and certified by oart~flcafa so executed and sealed shall, w~th respect to any bond or undertaking to which ~t is atfaohed, continue to be valid and b~nd~ng on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Th~s Power of Attorney ~s made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company "Article Vl--Exesutlon of Obligations and Appointment of Attorney-In-Fact Section 2 Appointment of Attorney-in-fact The Chairman of the Board of Direct=re, the President or any Executive, Senior or Group Vice President may from ama to time, appoint by wrr[ten cerbflcstes attomeys-~n-fact to act In behalf of the Company ;n fha exsoution of policies of insurance, bonds undertakings and other obligatory icst~umenfa of like nature Such attomays-ln-fact, subject to the Ilmlfations set forth in the;r respective c.e~fioafas of authonty, shall have tull power to bind the Company by their signature and execufaon of any such ~natmments and to attach the seal of the Company thereto The Prseldent or any Executive, Senior or Group Vice Prselde~t may at any t~me revoke all power and authority previously given to any attomey-~n-fact This Power cf Attorney is signed and sealed by facsimile under and by the authority of the follow~ng Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 "Resolved that the s~gnaturs of the President or any ExecutNe Senior or Group Vice President and the seal of the Company may be affixed by faoalrnlle on any power of attorney granted pursuant to Sec~on 2 of Artisle VI of the By-[awe, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or cerflfioato beanng such face,mile signature and seal shall be vaJld and binding on the Company Any such power so executed and sealed and carried by cerbficate so executed and sealed shall, with respect to any bond or undertaking to which ~ is attached, oont3nue to be valid and binding on the Company ' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FiRE INSURANCE COMPANY OF HARTFORD This Power of Attorney IS made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company RESOLVED That the President an Executive vice President, or any Senior or Group Vice President of the Corporation may, from time to time appoint by wntten cert~fioatas Attomeys-~n-Fact to act in behalf of the Corpors~on in the execuaon of policies of ~csurance bonds, undertakings and other obligatory *nsb'uments of I~ke nature Such Attorney-in-Fact, subJect to the I~m~at~ocs eat forth ~n their reapactrva certificates of authonty, shall have tull power to brad the Corporation by their e~gnaturs and execution of any such ~nsfrument and to attach the seal of the Corporation thereto The President an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any t3me revoke all power and authority prewously gwen to any Attomey-~n-Fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the folkiw~ng Resolution adopted by the Board of Dirrsctors of the Company at a meeting duly celled and held on the 17th day of February, 1993 RESOLVED That the s~gnature of the President an Executive Vice President or any Senior or Group V~cs P~ldeflt and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolaben. a~opted by this Board of D~re=b3re on February 17 1993 and the a~gnaturs of a Secretary or an Aes~atant Secretary and the seal of the Corporat~e~Tmay be affixed by facsimile to any certificate of any such power, and any power or certificate boanng euoh facsimile signature end ae~l shell be v~l~d and b~ndlng on the Corporation Any such power so executed and sealed and cerbfied by csrtlfieate ec executed and sealed, shall waft re~csct to any bend or undertaking to which ~t ~s attached, continue to be valid and b~ndlng on the Corporation CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attentton ts dtrected to the msurance reqmrements below It ts htghly recommended that bidders confer wtth thetr respective insurance carners or brokers to determtne tn advance of Btd submtsston the avatlabthty of tnsurance certtficates and endorsements as prescribed and provided herein If an apparent low butder fads to comply strictly wtth the tnsurance requtrements, that btdder may be disqualified from award of the contract. Upon btd award, all insurance requirements shall become contractual obhgattons, whtch the successful btdder shall have a duty to matntatn throughout the course of thts contract STANDARD PROVISIONS' Wtthout hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor shall provtde and matntatn unttl the contracted work has been completed and accepted by the Ctty of Denton, Owner, the rmmmum tnsurance coverage as mdtcated hereinafter As soon as practicable after nottficatton of btd award, Contractor shah file wtth the Purchastng Department sattsfactory certificates of tnsurance, contatntng the btd number and title of the proJect Contractor may, upon written request to the Purchastng Department, ask for clartficatton of any tnsurance requirements at any ttme, however, Contractors are strongly advtsed to make such requests prtor to btd opentng, since the tnsurance requirements may not be modified or watved after btd opemng unless a wrttten exceptton has been submttted wtth the bid Contractor shall not commence any work or dehver any material unttl he or she recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton. All tnsurance pohctes proposed or obtatned tn sattsfactton of these requirements shah comply wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these general spec~ficattons throughout the duratton of the Contract, or longer, tf so noted * Each pohcy shall be issued by a company authorized to do business ~n the State of Texas wtth an A M Best Company rating of at least A · Any deductibles or self-insured retenUons shall be declared ~n the btd proposal If requested by the Ctty, the insurer shall reduce or elnnmate such deducttbles or self-insured retenttons wtth respect to the C:ty, ~ts officmls, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvesUganons, clann admm~stranon and defense expenses · L~ablhty pohc~es shall be endorsed to provide the following ** Name as addtt~onal insured the C~ty of Denton, its Officials, Agents, Employees and volunteers ** That such insurance is prnnary to any other Insurance available to the addltlonal insured with respect to clanns covered under the policy and that this insurance applies separately to each insured against whom clmm is made or suit ~s brought The inclusion of more than one insured shall not operate to mcrcase the insurer's lmut of liability · All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal or reduction in coverage · Should any of the reqmred insurance be provided under a clan'ns-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give nsc to clanns made after exp~ratlon of the contract shall be covered · Should any of the required insurance be provided under a form of coverage that Includes a general annual aggregate lnmt providing for clauns investigation or legal defense costs to be Included In the general annual aggregate lunlt, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance · Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satlsfactory ewdence of reinstated coverage as required by th~s 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 tn comphance with these additional specifications throughout the duration of the Contract, or longer, If so noted [xl A General Liability Insurance: General Liability insurance with combined single lunlts of not less than 500,000 shall be provided and maintained by the Comractor The policy shall be written on an occurrence basis either m a single policy or m a combination of underlying and umbrella or excess pohmes If the Commercial General Llabthty form (ISO Form CG 0001 current edition) is used · Coverage A shall include premises, operatmns, products, and completed operations, independent contractors, contractual hablhty covering this contract and broad form property damage coverage · Coverage B shall ~nclude personal injury · Coverage C, medical payments, is not reqmred If the Comprehensive General Lmbthty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least · Bodily ~njury and Property Damage L~abfi~ty for premises, operations, products and completed operaUons, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habthty (preferably by endorsement) covering thxs contract, personal injury habfixty and broad form property damage habd~ty [X] Automobile Liability Insurance. Contractor shall prowde Commercial Automobile Lmbfl~ty insurance w~th Combined Single Lnmts (CSL) of not less than I00,000 e~ther m a single pohcy or m a ¢ombmatmn of bas~c and umbrella or excess pohcxes The pohcy will include bod~.ly injury and property damage habthty ansmg out of the operauon, maintenance and use of all automobiles and mobile eqmpment used m conjunction w~th th~s contract SaUsfacnon of the above reqmrement shall be m the form of a pobcy endorsement for · any auto, or · all owned, h~red and non-owned autos IX] Workers Compensatmn Insurance Contractor shall purchase and mamtmn Worker's Compensation ~nsurance which, ~n addmon to meetmg the m~mmum statutory reqmrements for ~ssuance of such insurance, has Employer's L~abfi~ty lmnts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy lnmt for occupauonal d~sease The C~ty need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the C~ty, ~ts officials, agems, employees and volunteers for any work performed for the C~ty by the Named Insured For building or construcnon projects, the Contractor shall comply w~th the provisions of Attachmem 1 ~n accordance w~th §406096 of the Texas Labor Code and rule 28TAC 110 I10 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liabdity Insurance The Contractor shall obtain, pay for and maantaln at all tunes dunng the prosccutaon of the work under this contract, an Owner's and Contractor's Protective Ltabihty ansurance pohcy naming the City as insured for property damage and bodily injury which may artse m the prosecutton of the work or Contractor's operattons under th~s contract Coverage shall be on an "occurrence" basis, and the pohcy shall be ~ssued by the same insurance company that carrtes the Contractor's habll~ty insurance Pohcy luntts wtll be at least combined bodily mjury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage ts reqmred ff Broad form General L~abdlty ts not prowded or ts unavailable to the contractor or tfa contractor leases or rents a portion of a C~ty buddmg Lurers of not less than each occurrence are requtred [ ] Professional Lmbility Insurance Professional liability ansurance with llmlts not less than per claim with respect to neghgent acts, errors or omtss~ons m counectton with professional services ts reqmred under this Agreement [ ] Builders~ Risk Insurance Butlders' Rtsk Insurance, on an All-Rask form for 100% of the completed value shall be provtded Such pohcy shall include as "Named Insured" the City of Denton and all subcontractors as thear interests may appear [ ] Additional Insurance Other ~nsurance may be reqmred on an tndlvtdual basis for extra hazardous contracts and specafic servace agreements If such addmonal msurance ts required for a spectfic contract, that reqmrement will be descrthed tn the "Spectfic Conditions" of the contract spectficat~ons ATTACHMENT 1 [x] Worker's Compensation Coverage for Building or Construct;on ProJects for Governmental Entities A Definitions Certificate of coverage ("certlflcate")-A copy of a certificate of insurance, a certificate of authonty to self-insure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance 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 - ~ncludes the t~me from the begmmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing serwces on the project ("subcontractor" ~n §406 096) - includes all persons or entlt~es performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees Th~s ~ncludes, w~thout hm~tat~on, ~ndependent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde serwces on the project "Services" ~nclude, without hm~tatmn, prowd~ng, hauling, or dehvermg equipment or materials, or prowdmg labor, transportation, or other service related to a project "Serwces" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehverles, and dehvery of portable to~lets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the Contractor providing serwces 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 during the duration of the project, the contractor must, prior to the end of the coverage per~od, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowd~ng serwces on a project, and prowde to the governmental entity (1) a certificate of coverage, prior to that person beg~nmng work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons prowdlng services on the project, and (2) no later than seven days after receipt by the contractor, a new cerbflcate of coverage showing extension of coverage, ~f the coverage per~od 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 not~fy the governmental entity ~n writing by certified ma~l or personal delivery, w~thln 10 days after the contractor knew or should have known, of any change that mater~all¥ affects the prows~on of coverage of any person providing serwces on the project H The contractor shall post on each project s~te a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nform~ng all persons prowdmg services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person w~th whom ~t contracts to prowde services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fll~ng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401,011(44) for all of ~ts employees providing serwces 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 serwces on the project, for the duratmn of the project, (3) prowde the contractor, prior to the end of the coverage per~od, a new certificate of coverage showing extension of coverage, ~f the coverage per~od shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom ~t contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beg~nmng 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 per~od 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, (§) not~fy the governmental entity ~n writing by certified ma~l or personal delivery, w~th~n 10 days after the person knew or should have known, of any change that materIally affects the provision of coverage of any person prowd~ng serwces on the project, and (7) contractually require each person w~th whom ~t 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 By s~gmng th~s contract or providing or causing to be prowded a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who w~ll prowde services on the project w~ll be covered by workers' compensation coverage for the duratIon of the project, that the coverage w~ll be based on proper reporbng of classification codes and payroll amounts, and that all coverage agreements w~ll be filed w~th the appropriate insurance carrier or, ~n the case of a self-~nsured, w~th the commission's D~ws~on of Self-Insurance Regulation Prowd~ng false or misleading ~nformatlon may subject the contractor to admlmstrat~ve penalties, criminal penalties, c~wl penalties, or other mwl actions J The contractor's failure to comply w~th any of these provisions ~s a breach of contract by the contractor which ent~tles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~th~n ten days after receipt of notice of breach from the governmental entity Bid ~2333 - Denton Visual Arts Building HVAC Renovations Bid Opening: February 2, 1999 2:00 P.M. BID SUMMARY TOTAL BID PR/CE IN WORDS Sixtv-four thousand savmn h,,nar~a: forty-five dollars & no/100 ..................... ($64¢745.00) Bldde~ acknowledges Addenda ~1 - Undated It ,s understood that the work proposed to be done shall be accepted, when fully completed and finished m accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contamed m this proposal have been carefully checked and are subrmtted as correct and final Unit and lump sum prices as shown for each item listed m this proposal, shall control over extensions nov ~,,-.h=,~..=,~ Tnc Refer to attached Page 2 CONTRACTOR ' - for Alternates and B~v~ca_en_kp1 zii~y~~ / Clarifications 400 E. Oak Street Street Address Denton. TX 76201 Cl~ and State Seal & Authorization (Ifa Corporation) ( 940 ) 565-1010 Telephone 06/02/1999 08 41 9408981120 ;~CI PAGE 01/01 AC%D. CEI [TIFICATE OF [.IABILI INSU N p~c~ ~ ONkY AND ~N~ A~ ~E CO~E AFFO~ED O Sox 516309 Ds~Zaa ~X 75251-63~ ~ ~MPANI~A~ING 400 E&st O~ E ~P~ D~ton ~ 762~ D T~n~n~ Z~ C~ CO~GE$ A ~ ~MM~ L b~ C7066249?2 ~ 09/01/98 OP/ol/P9 P~ ~ 12rOOOr000 m~u.~I=~.~ ~ ~ P~L&~Jm~ ilrO0Oroo0 B ~uM.~ ~06624~973iR 09/o1198 op/o1199 ~ 82,oo0~0oo I ~ I 09/01/98 09/01/99, LlOYd $50,000 A E~i~ment ~1o~ ~ C?066249?2 ~ D~ ~S00 holder is sho~ a~ ~~ X~aUFeG . ,u~ Po&~ ~o~ ~ ...... CBRTIFICA~ HOLDER / ~NG~ON