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HomeMy WebLinkAbout1997-151m jA ORDINANCE NO 911S% AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE 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 NIJM13ER CONTRACTOR AMOUNT 2049 BCI MECHANICAL, INC $94,350 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 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 1 SECTION TV 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 n - PASSED AND APPROVED this the 3``-a day of/��. JA ff4v--itc� ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY MINE I� r / ,1997 DATE JUNE 3, 1997 [1@1VkV&1K#IN01#11N'•: TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID # 2049 -- HVAC RENOVATION AND EQUIPMENT REPLACEMENT CENTRAL LIBRARY, CITY HALL WEST AND VISUAL ARTS COMPLEX RECOMMENDATION. We recommend this bid be awarded to the lowest bidder, BCI Mechanical, Inc in the total amount of $94,350 00 SUMMARY. This bid is for the HVAC Renovation and Replacement at the Central Library, City Hall West and Visual Arts Complex Included in the award are Project 1 - Emily Fowler Library - Removal of a 30 year old single -zone air handling unit and replace with a new multi -zone high efficiency air handling unit, interface of controls, reconnection of chilled and heated water systems, reconnection of duct work and electrical revisions • Project 2 - City Hall West - Remove existing 45 ton chiller and replace with a new 60 ton chiller, reconnect chilled and heated water supply, upgrade electrical circuits and HVAC controls • Project 3 - Visual Arts Complex - Remove two old heat pump units and replace with new similar equipment, reconnect as required, renovate thermostats and controls Alternate 1 - Replacement of chiller at Central Library is not recommended for award at this time PROGRAMS DEPARTMENTS OR GROUPS AFFECTED. Employees and patrons of the three facilities and Facilities Management Division FTgCAT1MPACT. Funds are available from onetime construction project account numbers 457-032-BLDG-9702-9101 457-032-BLDG-9703-9101 457-032-BLDG-9709-9101 245-032-DMC 1-9323-9101 Total Award Attachments Tabulation Sheet Approved, 9� Name Tom D Shaw, C P M Title Purchasing Agent 878 AGENDA 3 $25,282 00 $41,625 00 $21,828 00 00 $94,350 00 Respectfully submitted Kath uBos Executive Director of Finance BID H 2O49 CBS BCI BID NAME HVAC RENOVATION & EQPT Mechanical Mechanical REPLACEMENT OPEN DATE MAY 20,1997 VENDOR -- _ VENDOR_ _— $45,150 00 QTY DBSCRiPTIO1"I _N 1 L5 BASE BID $69,700 00 2 LS ALT #1(LIBRARY) $60,475 00 $54,325 00 _ $61,300 00 _ $34,000 00 $15,200 00 3 LS ALT N2 (CITY HALL WEST) 4 LS ALT 03 (CENTER FOR VISUAL ARTS) $22,550 00 _yes — — _1— 4 Federal Mechanical Systems I � — VENDOR $64,400 00 $111,200 00 $36,100 00 $21,600 00 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON 0 0 THIS AGREEMENT, made and entered into this A.D., 19 97 , by and between day of 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 INC. 400 EAST OAR STREET 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 2049 - BVAC RENOVATION AND EQUIPMENT REPLACEMENT CENTRAL LIBRARY, CITY HALL WEST AND VISUAL ARTS COMPLEX in the amount of $94,350.00 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 [67.�q 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• CITY OF DENTON FACILITIES 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 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 injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, 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 ATTEST: CITY OF DENTON OWNER p By %d�c ATTEST: APPROVED AS TO FORM: City Attorney AAA01840 Rev. 04/05/96 CA - 3 (SEAL) BCI MECHANICAL, CONTRACTOR 400 E. Oak Street Denton, Texas 76201 MAILING ADDRESS (940) 565-1010 PHONE NUMBER (940) 898-1120 FAX NUMBER BY T Vice Pre ent Franklin W. Cunningham PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS $ COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That BCI MECHANICAL, INC. , of the City of nENTnN County of DENTON , and State of TEXAS as PRINCIPAL, and Universal Surety of America , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of NINTY FOUR THOUSAND THREE HUNDRED FIFTY and No/100------ Dollars ($ 94,350.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 3 day of JUNE , 19 97, for the construction of BID # 2049 - HVAC RENOVATION AND EQUIPMENT REPLACEMENT CENTRAL LIBRARY, CITY HALL WEST AND VISUAL ARTS COMPLEX which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein PB - 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of June 19 97 . BCI MECHANICAL, INC. UNIVERSAL SURETY OF AMERICA Principal Surety By %/�.�i f� DUI// , �' `+• , ri Title, Title Attorney -in -fact Address: 400 East Oak Street Denton, Texas 76201 (SEAL) Address. 5440 Harvest Hill, Suite 172 Dallas, Texas 75230 The name and address of the Resident Agent u� Leick Johnson & Knight Insurance 12660 Colt Road Suite 200 Dallas Texas 75251 AAA0184D Rev. 04/05/96 PB — 4 �o PAYMENT BOND STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That Bcz NEcBANIcAL. INc_ of the City of DENTON County of DENTON , and the State of TEXAS as principal, and _Universal Surety of America authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of NINTY FOUR THOUSAND THREE HUNDRED FIFTY and no/100Dollars ($ 94,350.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 3 day of JUNE 1997 . BID # 2049 - BVAC RENOVATION AND EQUIPMENT REPLACEMENT CENTRAL LIBRARY, CITY HALL WEST AND VISUAL ARTS COMPLEX to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5 h day of June , 19 97 . BCI MECHANICAL, INC. UNIVERSAL SURETY OF AMERICA Principal Surety o c Title- _ I !.i�.1��iaTitle Attorney- Address: 400 East Oak Street Denton, Texas 76201 (SEAL) Address: 5440 Harvest Hill, Suite 172 Dallas, TpXa$ 75230 The name and address of the Resident Agent of-711111117-y is: Leick. Johnson & Knight Insurance 12660 Colt Road, Suite 200, Dallas, Texas 75251 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev 04/05/96 FT-�' UNIVERSAL SURETY OF AMERICA P O BOX 1068 -Houston, Texas 77251-1068 C U13 GENERAL POWER OF ATTORNEY - CERTIFIED COPY mmNumbff T TX 6842029 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Joyce Ho1Lingsworth its true and lawful Attomey(s)-m Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for Principal- BCIMechamcal,Iac Obligee. City of Denton, TX Amount $94,35000 and to bind the company thereby as filly and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the company and duly attested by its secretary, hereby ratifying and confirming all that the said Attomey(s)-m-Fact may do within the above stared limitations Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 1 lth day of July, 1984 "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more amiable persons as Atlomey(s)-in-Fact to represent and act for and on behalf of the Company - RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facs[mthe to any power of attorney of the corporation, and that such primed facsemhe signature and seal shall be valid and binding upon the corporation " In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr and Its corporate seal to be hereto affixed this 30th day of September, A.D.,1996 UNIVERSAL SURETY OF AMERICA ,,,y"nnuhp �ePOr 4` r 4 Tit �e�rt pia teur,��P lol noz Jr V President State of Texas+ ss County of Harris On this 30th day of September, in the year of 19%, before me Rhonda Kay Wilke, a notary public, personally appeared John Knox, Jr, personally known to be the person who executed the within Instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed it Notary Public 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect GIVEN under my hand and the seal of said company, at Houston, Texas, this 5TH day of JUNE . 19L 97 �! As is'lent Secretary For verification of the authority of this power you may telephone (713) 722.4600 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 falls to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all 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 A M Best Company rating of at least A • 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 REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses • Liability policies shall be endorsed to provide the following •• Name as additional Insured the City of Denton, Its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the 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 • 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 required insurance be provided under a claims -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 rise to claims made after expiration 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 limit providing for claims 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 • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance 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 REVISED 10112194 CI - 3 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 • any auto, or • 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) [ I 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 AAA00350 REVISED 10/12/94 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 [ I 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 [ 1 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 REVISED 10112194 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [ ] Worker's Compensation Coverage for Building 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 AAA00350 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 H. 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 10/12/94 Cl - 7 Insurance Requirements Page 8 I 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 end 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 AAA00350 REVISED 10/12/04 Cl - 8 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 contractor providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will 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 entitles 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 REVISED 10112194 Cl - 9 DOCUMENT 00300 BID FORM SUBMITTED BY BCI Mechanical Inc. (Name of Bidder) 400 East Oak Street; Denton, TX 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 Renovation at Emily rowlei Libiniy in accordance with the drawings and project manual for the lump sum BASE BID amount of BASE BID Forty-five thousand one hundred fifty & N0/100 Dollars ($ 45, 1 50.00 ) 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 Stale 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 fail 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 in profit, overhead, bonds, insurance and similar related items, and repiesent the total cost to the Owner for each Alternate Alternate No. 1 Base Bid (at the Library) plus the addition of an air cooled chiller including all associated controls, power, piping, etc , as stated in specifications, and plans ME1 Sixty—one thousand three hundred & no/100--------------------- Dollars ($ 61 , 300.00 ) Alternate No 2 City Hall West equipment as stated in specifications and plans ME2 Thirty-four thousand & no/100 --------------------------------- ($34,000.00) Alternate No 3. Center for Visual Arts equipment as stated in specifications and plans ME3 Fifteen thousand two hundred dollars & no/100 Dollars ($ 15, 200. 00 ) Enclosed with this proposal is bid security in the Sum of Twenty thousand dollars & no/100 Dollars ($ 20, 000.00 ) Bid bond 5% GAB Time 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 150 days 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 this Proposal Addendum No Nnnr- Dated Addendum No ___ Dated Date May 20, 1997 Signed W. Title Name of Firm BCI Mechanical Inc (817) 565-1010 400 E. Oak St.; Denton, TX 76201 Organize as a. (mark one) Proprietorship Partnership Corporation XX Under the law of the State of Texas Legal address- 400 E. Oak Street Denton, TX 76201 Date May 20, 1997 Telephone No (817) 565-1010 Fax (8170 898-1120 If Bid is by a corporation, affix seal above address END OF BID FORM ACORD CERTIFICATE OF LIABILITY INSURANC4SR LD DATE(MM/DD/ LINE-1 06/05/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Leick Johnson & Knight Ins HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 Box 516309 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Dallas TX 75251-6309 COMPANY A Transcontinental Ina Company Joyce Hollingsworth, CIC PhaneNo 72-23 - 0 INSURED COMPANY B American Casualty Cc BCI Mechanical,Inc COMPANY C Continental Casualty Cc 400 East Oak St Denton TX 76201 COMPANY D COVERAGES 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 COI TYPE OF INSURANCE LTR POLICY NUMBER POLICY EFFECTIVE DATE(MM/DDIYY) POLICY EXPIRATION DATE(MMRIDIYY) LIMITS I GENERAL LIABILITY GENERAL AGGREGATE E 2, 000, 000 B X COMMERCIAL GENERAL LIABILITY k706624972 09/01/96 09/01/97 PRODUCTS COMP/OP AGG E 1, 000, 000 1 OCCUR CLAIMS MADE $ PERSONAL S ADV INJURY $ 1, 000, 000 EACH OCCURRENCE $ 1,000, 000 OWNER S S CONTRACTORS PROT FIRE DAMAGE IAnYone11).) E 50,000 MED EXP (Any one parson) $ 5, 000 AUTOMOBILE LIABILITY C X_ ANY AUTO i BVA906624971 I 09/01/96 09/01/97 COMBINED SINGLE LIMIT IE SOO, OOO ' BODILY INJURY (Per person) E ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per aeudent) XHIRED AUTOS j X NON OWNED AUTOS 81034913875 09/01/96 09/O1/97 PROPERTY DAMAGE E X Employee Owned — Autos GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE i=2,000,000 AGGREGATE S2,000,000 B X'UMBRELLA FORM A5066247973 09/01/96 i 09/01/97 $ ' OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS LIABILITY TU X TORVTLIMI O H EL EACH ACCIDENT S SOO, O00 ��� c THE PROPRIETOR/ I X INCL PARTNERS/EXECUTIVE OFFICERS ARE E%CL WC006634970 09/01/96 09/01/97 EL DISEASE POLICY LIMIT iE 500,000 EL DISEASE EAEMPLOYEE S 500,000 OTHER A 'Equipt Floater �A206625485 09/01/96 09/O1/97 Owned Eqp $100 dad L/Rented $100 ded DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS Job HVAC Renovations & e i ment- replace Central Libra City Hall West & Visual Arts co}TLplex Bid 02�49 City Rpp Denton its off cials, agents, employees and vo unteers are shown as ad$it oral insureds CERTIFICATE HOLDER CANCELLATION R�CTor4,� I� 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City of Denton Purchasing Dept 100 West Oak #208 JUN 06 1997 Denton TX 76201 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UP COMPANY. ITS AO TS OR REPR ENTATIVES AUTHORIZED�PffPRS8WTATIVrK j - ACORD 26 S (1/96) C O'VI M I N 1, T Y / ®ACORD CORPORATION 1988