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HomeMy WebLinkAbout1998-148ORDINANCE NO �I y 8 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR REPLACEMENT OF THE HVAC AT THE SERVICE CENTER FIRST FLOOR, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2200 — SERVICE CENTER FIRST FLOOR HVAC REPLACEMENT AWARDED TO BCI MECHANICAL IN THE AMOUNT OF $59,631 00) 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 2200 BCI MECHANICAL $ 59,631 00 SECTION H 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 III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �`� day of ,1998 JACKOLLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY , ,I 2200 CONTRACT ORDINANCE CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 2 day of JUNE A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and BCI MECHANICAL 400 E. OAK STREET DENTON, TX 76201 of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID k 2200 — SERVICE CENTER FIRST FLOOR HVAC REPLACEMENT in the amount of $ 59,631.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA-1 accordance with the plans, which includes all traps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by FACILITIES MANAGEMENT DEPARTMENT all of which are trade a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of mjury 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 claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written APPROVED AS TO FORM CA-3 BCI Mechanical, Inc. CONTRACTOR 400 E. Oak Street Denton, Texas 76201 Same as above MAILING ADDRESS (940) 565-1010 PHONE NUMBER Franklin W. Cunningnam PRINTED NAME (SEAL) PERFORMANCE BOND #15 9204 710 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That BCI MECHANICAL, whose address is 400 E. OAK STREET, DENTON, TX 76201, hereinafter called Principal, and Continental Casualty Company , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of FIFTY NINE THOUSAND SIX HUNDRED THIRTY ONE and no/100 DOLLARS ($ 59,631.00) 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 bind ourselves, our heirs, executors, adirumstrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in 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 is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-148, with the City of Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2200 - SERVICE CENTER FIRST FLOOR HVAC REPLACEMENT. 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, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may mcur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in fall force and effect 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 said Surety, for value received, hereby stipulates and agrees that no 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 , accompanying the some, 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 herem as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in 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 is executed in 4 copies, each one of which shall be deemed an original, this the 2 day of JUNE 1998. ATTEST ./ G L� e�01L1� 1. ATTEST PRINCIPAL BCI Mechanical,AC SURETY BY Continental Cnasuaflt �o�any Y , VG�'t�8/J BY ATTORNEY -IN -FACT Michael P Whisenant The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Leick. Johnson & KniQht Insurance STREET ADDRESS 100 West Oak, Suite 316, Texas Building,_ Denton, TX 76201 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name) PAYMENT BOND #15 9204 710 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That BCI MECHANICAL, whose address is 400 E. OAK STREET, DENTON, TX 76201, hereinafter called Principal, and Continental Casualty Company , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of FIFTY THREE THOUSAND NINE HUNDRED TWENTY SEVEN and no/100 DOLLARS ($ 53,927.00) 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 bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in 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 is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-148, with the City of Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2200- SERVICE CENTER FIRST FLOOR HVAC REPLACEMENT. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no 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 , 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 herem as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in 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 is executed in 4 copies, each one of winch shall be deemed an original, this the 2 day of JUNE, 1998. ATTEST- N PRINCIPAL 1 • BCI Mechanical. Id SECRETARY BY PRESIDENT --- ATTEST SURETY 1, Continental Casualty Company BY i;7 (t 1 ATTORNEY -IN -FACT Michael P Whisenant The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Leick, Johnson & Knight Insurance STREET ADDRESS 100 West Oak Suite 316 Texas Building, Denton, TX 76201 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) 2200-CONTRACT & BONDS POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and ewsbng corporations having their principal offices in the City of Chicago, And State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Michael P Whisenant Bobby W Bush Individually their true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their Wait cons undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such Instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney Is made and executed pursuant to and by authority of the By -Laws and Resolutions printed on the reverse hereof duly adopted, as indicated, by the Boards of Directors of the corporations In Witness 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 this 7th day of October 1 1997 �b" CONTINENTAL CASUALTY COMPANY 01 aft NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ODWOPATV OC+t� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA n JULY 11 Q teal Marvin J Cashion Group Vice President State of Illinois, County of Will, as On this 7th day of October 1997 before me personally came Marvin J Cashion, to --me who, being by me duly swum did depose and say that he resides in the City of Chicago, State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations, that the seals affixed to the said instrument 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 like authority, and acknowledges same to be the act and deed of said corporations ea P NOTARY �q Ce ,o My Commission Expires June 5, 2000 CERTIFICATE Eileen T Pachuta Notary Public I, Mary A Ribikowskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still In force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are II in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 7nrl dayof .T rip , 1999,_ w CONTINENTAL CASUALTY COMPANY X0160.4* NATIONAL FIRE INSURANCE COMPANY OF HARTFORD oosoxxure OR9arept� A AMERICAN CASUALTY/COMPANY OF READING PENNSYLVANIA lu1AYn11, SEAL � 199T Mary A Ribikewslas Assistant Secretary (Rev 10/1/97) Authonzing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company "Article IX --Execution of Documents Section 3 Appointment of Attorney -in -fact The Chairman of the Board of Directors the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-m-fact to act in behalf of the Company in the execution of policies of Insurance bonds undertakings and other obligatory Instruments of like nature Such attorneys-m-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors may at any bme, revoke all power and authority previously given to any attomey-In-fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following 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 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 Section 3 of Article 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 certificate of any such power and any power or certificate beanng such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and cartified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it Is attached, continue to be valld and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company "Article W--Execution of Obligations and Appointment of Attomeydn-Fact Section 2 Appointment of Attorney -in -fad The Chairman of the Board of Directors the President or any Executive, Senior or Group Vice President may from time to time appoint by written certificates attorneys -in -fad to ad in behalf of the Company in the execution of policies of insurance, bonds undertakings and other obligatory instruments of like nature Such attorneys -in -fad, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Executive, Senior or Group Vice President may at any lime revoke all power and authority previously given to any attomey-in-fad This Power of Attorney is signed and sealed by facsimile under and by the authority of the following 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 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 Section 2 of Article VI 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 certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue 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 written certificates, Attomeys-in-Fad to ad in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature Such Attomey-in-Fad, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Corporation by their signature and execution of any such instrument 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 time revoke all power and authority previously given to any Attorney -in -Fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following 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 signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation Any such power so executed and sealed and certified by certificate so executed and sealed, shall with rasped to any bond or undertaking to which it is attached continue to be valid and binding on the Corporation CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fads to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, aii Insurance requirements shall become contractual obligations 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 liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver 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 specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an AM Best Company rating of at least _tom • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AAA00350 Cl - 1 REVISED 10112/94 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall pr cure a bond guaranteeing payment of losses and related investigations, laim administration and defense expenses s Liability policies shall be endorsed to provide the following so Name as additional insured the City of Denton, Its Officials, Employees and volunteers so That such Insurance is primary to any other Insurance available t the additional insured with respect to claims covered under the policy and that this Insurance applies separately to each Insured against whom claim is made or suit is brought The inclusion of more than one Insured shall not operate to Increase the Insurer's limit of liability s All policies shall be endorsed to provide thirty(30) days prior written of cancellation, non -renewal or reduction in coverage s Should any of the required Insurance be provided under a claims- ade 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 rise to claims made after expiration of the contract shall be covered s Should any of the required Insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for c alms Investigation or legal defense costs to be Included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance s Should any required Insurance lapse during the contract term, reques s 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 is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse AAA00350 Cl - 2 REVISED 10/12194 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted - [XI A General Liability Insurance: General Liability insurance with combined single limits of not less than $1.000.000 shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either in a single policy or In a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used. • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal Injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily Injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability AAA00350 Cl - 3 REVISED 10112194 Insurance Requirements Page 4 [XI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either In a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used In conjunction with this contract Satisfaction of the above requirement shall be In the form of a policy endorsement for o any auto, or o all owned, hired and non -owned autos [XI Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, In addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 In accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) (� Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution 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 contractor's operations under this contract Coverage shall be on an AAA00360 REVISED 10112194 Cl - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same Insurance company that carries the contractor's liability Insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required i ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ I Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ I Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications AAA00350 Cl - 5 REVISED 10112/94 insurance Requirements Page 6 ATTACHMENT 1 [ ] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of Insurance, a certificate of authority to self -Insure Issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation Insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - Includes the time from the beginning 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 services on the project ("subcontractor" in §406 096) - includes all persons or entitles performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This Includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project AAA00360 REVISED 10/12/94 Cl - 6 Insurance Requirements Page 7 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 period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (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 mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. M The contractor shall post on each project site a notice, In the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing 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 AAA00350 REVISED 10112/94 Cl - 7 insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification 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 Its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing 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 beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the and of the coverage period, If 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 in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and AAA00360 CI REVISED 10112194 Insurance Requirements Page 9 (7) contractually require each person with whom It 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 signing this contract or providing or causing to be provided a certificate of coverage, the contractor Is representing to the governmental entity that all employees of the contractor wnu wlli provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate Insurance carrier or, In the case of a self -Insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading Information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K. The contractor's failure to comply with any of these provisions Is a breach of contract by the contractor which entities the governmental entity to declare the contract void If the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity AAA00350 CI - 9 REVISED 10/12/94 DOCUMENT 00300 BID FORM SUBMITTED BY BCI Mechanical Inc. sine o i er 400 E. Oak Street; Denton, Texas 76201 (Address) Dear Sir The undersigned, having examined the drawings, specifications, related documents, and the sites of the proposed work, and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and equipment required for IiVAC Service Center first floor HVAC replacement in accordance with the drawings and project manual for the lump sum BASE BID amount of BASE BID Fifty three thousand nine hundred twenty seven and no/100's----------------------------- Dollars($53,927.00 ) Note Amount shall be shown in both words and figures In case of discrepancy, the amount shown in words shall govern Note The above amount does not include State of Texas Sales Tax The undersigned affirms that the above stipulated base bid sum represents the entire cost per drawings, specifications, and addenda and that no claim will be made on account of any increase in wage scales, material prices, taxes, insurance, cost indexes, or any other rates affecting the construction industry and/or this project Should the undersigned fad to deliver the signed Contract or the required Bonds within the ten-day period, the Bid security accompanying this Bid will be forfeited to the Owner as liquidated damages Alternates The undersigned agrees to the following additions or deductions from the Base Bid Sum if the listed alternates itemized below are accepted by the Owner Alternate prices include all variations m profit, overhead, bonds, insurance and similar related items, and represent the total cost to the Owner for each Alternate 1. Add: $754.00 for factory 2nd - 5th year compressor warranty 2 Add: $4,950 00 for factory mounted economizer with modulating power exhaust Enclosed with this proposal is bid security in the Sum of Bid Bond for three thousand and no/100's-Dollars($ 3,000.00 ) Tune of completion The undersigned agrees to commence work under this contract within ten days of receipt of written Notice to Proceed from the Owner, and to substantially complete the entire work for the project as follows prior to October 1, 1998 Addenda The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications , all of the provisions and requirements of which addenda have been taken into consideration in the preparation of dus Proposal Addendum No None Dated Addendum No None Dated FwMgr✓Fonm/ImouedommBWdensavkeCC= doc Date 5 / 14 / 9 8 Signed Title vice President Name of Fum BCI Mechanical, Inc. Organize as a (mark one) Mwgffp PEtFI"W Corporation x Under the law of the State of Texas Legal address Date 5/14/98 400 E. Oak Street Denton, Texas 76201 Telephone No (940) 565-1010 Fax If Bid is by a corporation, affix seal above address END OF BID FORM PaeMVWFomdlmuucWmSeMovCenw doc W. (940) 898-1120 material from charges for labor The contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project If a contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted No additional compensation, beyond the prices quoted, is due the contractor for sales tax Total Labor $ 3,827.00 TOW Materials and Subcontractors $ 50,100.00 16 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FORM: Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on City of Denton Document, Contract Agreement, where the basis of payment is a stipulated sum END OF INSTRUCTIONS TO BIDDERS ftcMgWftMW1Wm uorerosmaensarvxeCw= dm Wesel I — iT ....a... 17.a ACORD IM rl S Of WASI INSURJ�1NCka »i D06/17D 8 PRODUCER Leick Johnson 6 Wght Ins THIS CERTIFICATE 18ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW F O Box 516309 Dallas T$ 75251-6309 COMPANIES AFFORDING COVERAGE COMPANY A American Casualty Co COMPANY B Transportation Insurance Cc Jo a Hollin sworth, CIC 0 972-233-985 eX 72- 60-74 0 INSURED COMPANY C Continental Casualty Cc BCI Mechanioal,Inc COLWANv D Transcontinental Ins Company 400 East Oak St Denton T$ 16201 �WARMO THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUMBER POLICY DATE DO( VE (MMIWDDN'O POLICY EXPIRATION DATE (MMIDDIVh LIMITS A GENERAL LIABILRV $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ®OCCUR OWNER S& CONTRACTOR'S PROT C706624972 09/01/97 09/01/98 GENERAL AGGREGATE $2 000,000 PRODUCTS COMP/OP AOG 42 OOO OOO PERSONAL &ADV INJURY $1 000 000 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Arty one fire) $ 50, 000 MED EXP IAnY one Person) $ 5 000 C AUTOMOBILE LIABILITY ANY AUTO BUM06624971 09/01/91 09/01/98 COMBINED SINGLE LIMIT $ 500, 000 $ ALL OWNED AUTOS BODILY INJURY (Per pereon) $ $ SCHEDULED AUTOS HREDAUTOS BODILY INJURY(Pe $ $ $ NON -OWNED AUTOS $ Employee Owned PROPERTY DAMAGE $ Autos GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITYEACH $ UNHRELIAFORM OTHER THAN UMBRELLA FORM A5066247973 09/01/97 09/01/98 OCCURRENCE $ 2 000 , 000 AGGREGATE $2,000,000 $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY $ EL EACH ACCIDENT $500 000 ELDISEASE POLICYLIMT $500,000 D THEPROPHETOR/ $ INCL PATTNERS/EXECURVE OFFICERS ARE EXCL WC006624970 09/01/97 09/01/98 ELDISEASE EAEMPLOYEE $500000 OTHER A Equipment Floater A206625485 09/01/97 09/01/98 L/Rented $30,000 Ded $250 DESCRIPTION OF OPERATIONSA,OCATONI NBNICUMPBCML ITEMS RE Bid 2200 - S ice Center Fi at Floor BVAC Btg acement City of Dent sIneur�eds agents, mpjgyees and volunt era are shown as tESoiplCmAHOLDER I CITYDEN 404111LUOPI N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE I8BUING COMPANY WILL MAIL City of Denton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn Tom Shaw BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Purchasing Dept 100 West Oak #208 Denton T$ 76201 OF ANY KIND URDWYM COMPANY, ITS AoW OR RINPREOLWATIVES AUTHORIZEDATNEX a TA+SIiDCS+xiPQW1T1419 �883 ^.*WF4 , *4 1. fq�