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