HomeMy WebLinkAbout2002-177ORDINANCE NO. 9e0c,) —17'1
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
-- CONTRACT FOR THE REPLACEMENT OF THE CIVIC CENTER HVAC SYSTEM;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2852— CIVIC CENTER HVAC REPLACEMENT AWARDED TO BCI
MECHANICAL, INC. IN THE AMOUNT OF $89,410).
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 1. 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
2852 BCI Mechanical, Inc. $89,410
SECTION 2. 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 3. 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 terns,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. 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 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the //���L day of 2002
&jt,4 -Q. &4—
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: h)
APPROVED AS TO LEGAL
HERBERT L. PYAWFY, CIT
3-ORD- BID 2851 Civic Coter HVAC Replacement
*
w
2
2
k b
\ <
E
2
w
U
%
�
�
±
w
2
±
U
U
>
U
2
O
¥
2
&
2
C�' L
�
�■
x
w®(D®
o
e z
a
G
R
=
o
r
@
n
§
@
®k/j
d\
\
$
j
a
&
_;E
=k°
Z
< -i
\
/
\
E
S
EcIG
g
/
\
»
»
'Ĥ&
®
�\
§(
k\a
\
§
c i
&
E
»
§
*
>
x0
\
&
\
g
eo
�x
ou<o
o®
o
to
2
\
[
E
w
/
\
&
x
y
§b
kx
kc
0
k
\
§
§
E
co
/
»
»
>
/
&
§b
§
�
?:
N
9
?.
=
=
w
w
O
e
a.
§
x
4
m
@
<
e
<
=
z
O
u.........
o
w
m
2
2
z
co
�'
.........
»
«
I
h
in
...........3
\
\
c
\D
.»
E
N
co
coI--
@
c
o
z
\
ƒ
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 18ei day of June A.D., 2002, by
and between City of Denton of the County of Denton
and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
BCI Mechanical, Inc.
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 2852 — City of Denton Civic Center HVAC Reulacement
in the amount of $ 89, 410 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 and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein
and on file in the office of the Purchasing Agent, and in 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
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract.
CA-1
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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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: q
,� /.. I /, lFIA
/F
I11
APPROVED AS TO FORM:
CITY ATTO Y
CA-3
City of Denton
OWNER
BY: 2
(SEAL)
BCI Mechanical, INC.
CONTRACTOR
400 E. Oak Street
TX 76201
MAILING ADDRESS
940) 565-1010
PHONE NUMBER
(940) 898-1120
FAX NUMB R
BY:
—77 TITL
Franklin W. Cunningham -Vice President
PRINTED NAME
(SEAL)
City of Denton Civic Center Bid # 2852 CITY OF DENTON
HVAC Replacement May 4, 2002
NAME OF BIDDER: BCI Mechanical, Inc.
DATE: May 21, 2002
MS. CMUSTY SKIRCHAK
PURCHASING
CITY OF DENTON
901-B TEXAS STREET
DENTON, TX 76209
Dear Ms. Skirchak:
The undersigned, in compliance with your advertisement for Bids for City of Denton Civic Center HVAC
Replacement, having examined the Drawings and- Specifications,. together with the -related locum€nts and all
conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to
furnish all work in every detail in accordance with the Contract Documents within the time set forth herein
and at the prices stated below. These prices shall cover all expenses incurred in performing the work under
the Contract Documents, of which the Proposal is a part.
Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of
$ 6,000.00 , five percent (5%) of the bid.
I (or we) acknowledge receipt of the following addenda:
ADDENDA #1: (Initial)
ADDENDA #2: (Initial)
ADDENDA #3: (Initial)
S
City of Denton Civic Center Bid # 2852 CITY OF DENTON
HVAC Replacement May 4, 2002
CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution,
Drawings, and Contract for (Bid # 2852) and Conditions for Replacement of HVAC, work, and having
examined the premises and circumstances affecting the work, the undersigned offer:
OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes,
incidentals, and other facilities, and to perform all work for the said Replacement of HVAC for the following
area:
BASE BID — City of Denton Civic Center
In words Eighty—seven thousand six hundred fifty dollars &00/100 $ 87, 650.00
ALTERNATES
ADD:
Alternate 1: Extended 5 year warranty for the AHU
In words Five hundred sixty. dollars & no/100--------------- $ 560.00
Alternate 2: Extended 5 year warranty for RTU
In words One thousand two hundred dollars & no/100----------- $1, 200.00
(Refer to BCI Mechanical "Attachment A" for clarification)
EXAMINATION OF SITE: By signing the Proposal Form, contractor acknowledges he is an authorized
representative and has examined the site and is aware of all field conditions, which may affect the work.
TAXES: Tax shall not be included in your bid.
Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, I (or we)
agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a
SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT (110%) of the contract price for
the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY
PAYMENT BOND.
The undersigned agrees to complete all work shown on the drawings and in the specifications within the time
limits set forth below subject to additional days that may be added due to inclement weather and/or other
justified and reasonable extensions or time as may be approved by the Owner.
Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton
Representatives and present a plan that will illustrate how progression of work is to take place to insure
completion of all work within specified time limits. The time limits are as follows:
If a contractor is awarded the project, the project must be completed within the dates shown above or the
contractor will be subject to liquidated damages as set forth below.
A working day is defined as a calendar day, in which weather or other conditions not under the control of the
company will permit the performance of the principal units of work underway for a continuous period of not
less than seven (7) hours between 7:00 A.M. and 6:00 P.M.
47
City of Denton Civic Center Bid # 2852 CITY OF DENTON
HVAC Replacement May 4, 2002
The undersigned agrees that the Owner may retain the sum of Five Thousand Dollars ($5,000.00) from the
amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete
beyond the time set forth, Sundays and holidays INCLUDED. This amount is agreed upon as the proper
measure of liquidated damages which the Owner will sustain per day by failure of the undersigned to
complete the work at the stipulated time, and is not to be construed in any sense as a penalty.
Payment will be made to the contractor within thirty (30) days after receipt of proper invoice and written
acceptance of project from the Owner's representative, all required material invoices, documentation, etc and
all written warranties from both contractor and manufacturer.
I (or we) agree to promptly furnish a correct and current financial statement of condition with a list of owned
equipment and an experience record of completed projects for examination by Owner and architect, if same
is required.
SEAL (If by Corporation)
RESPECTFULLY SUBMITTED BY
F lin Cunning am
V ce-President
(Title)
BCI Mechanical, Inc.
(Address)
400 E. Oak Street.
Denton, TX 76201
48
BCI
5/21/002
BCI MECHANICAL, INC.
400 E. OAK STREET
DENTON, TEXAS 76201
(940) 565.1010
TACL A005013C
M 9673
Clarification of Bid #2852 - City of Denton Civic Center HVAC Replacement"
"Attachment A"
Please note the prices for Alternate #1 and Alternate #2 are for the manufacturer's extended 5
year warranty is a "parts only" warranty, with no allowance for labor after the 1 st year.
If 5 year labor warranties are desired also, please add:
$ 550.00 to Alternate #1
/* Cunningham
$1,190.00 to Alternate #2.
-- End of "Atttachment A" --
PLUMBING HEATING AIR CONDITIONING
PERFORMANCE BOND
#930019659
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 Continental Casualty Company a corporation organized and
existing under the laws of the State of Illinois , 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 Eighty-nine Thousand, Four Hundred & Ten DOLLARS $ 89 410
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, 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 2002-17 with the City of Denton,
the Owner, dated the 18a' day of June A.D. 2002 , a copy of which is hereto attached
and made a part hereof, for Bid 2852 — City of Denton Civic Center 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 reimburse and repay Owner all outlay
and expense which the Owner may incur in making good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full 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
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 herein 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 .18th day of June , 2002
ATTEST:
PRINCIPAL
IBCI Mechanical, Inc.
A /. l I: rl L%li - I
SECRETARY BY:
..
ATTEST:
BY: ` dove
SURETY
Continental Casualty Company
BY:
6VfTORNEYC-FACT
Jan J. Parker
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: TCT Insurance Services - Joyce Hollingsworth
STREET ADDRESS: 100 West Oak Street, Suite 316, Denton, TX 76201
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
#930019659
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 Continental Casualty Company , a corporation organized and existing
under the laws of the State of Illinois , 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 Eighty-nine Thousand,
Four Hundred & Ten DOLLARS ($ 89,410 ) 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 2002- 177, with the City of
Denton, the Owner, dated the 18a' day of June A.D. 2002 , a copy of which is hereto
attached and made apart hereof, for Bid 2852 —City of Denton Civic Center 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.
Him
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 herein 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 surety, 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 18th day of June , 2002 .
ATTEST:
19,1101411J\0
SECRETARY.�f_
Y D_, -
ATTEST:
BY:
gY)991
Continental Casualty Company
Jan J. Parker
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: TCT Insurance Services - Joyce Hollingsworth
STREET ADDRESS: 100 West Oak Street, Suite 316, 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)
10-IMII
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT 930019659
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 existing 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
of Dallas, TX
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
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 13th day of March 2000 ,
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
Marvin J. Cashion- - - Group Vice Pre ident
State of Illinois, County of Cook, as
On this 13th day of March 2000 , before me personally came
Marvin J. Cashion, to me known, who, being by me duly sworn, 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.
�ohFiafY�eh
'OFFICIAL SEAL' -"
OIANE FAULKNER
Notary Public, State of Illinois
+ My Commission;Expiras9/17/OS
My Commission Expires September 17, 2005 Diane Faulkner - - Notary. Public
CERTIFICATE
I, Mary A. Ribikawskis, 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 still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 18th day of June 2002 ,
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
(Rev. 3/13/2000
Mary:A_ Ribi" ':� — Assistant Secretary: --
Authorizing 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 attorneys -in -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 -in -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 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 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 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 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 VI —Execution of Obligations and Appointment of Attomey-in-Fact
Section 2. 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 attorneys -in -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 -in -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 President or any Executive, Senior or Group Vice President 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 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, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, 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 respect to any bond or
undertaking to which it is attached, continue to be valid and binding on the Corporation."
State of Texas
Claim Notice Endorsement
To be attached to and form a part of Bond No. 930019659
In accordance with Section 2253.021(f) of the Texas Government Code and Section
53.202(6) of the Texas Property Code any notice of claim to the named surety under
this bond(s) should be sent to:
CNA Surety
333 South Wabash
Chicago, IL 60604
Telephone: (312) 822-5000
Forth F6944
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 fails to comply strictly with the insurance requirements, that
bidder may be disqual f ed 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 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 read:
SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CIT19 EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE IO
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED'.
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.
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:
[X] 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.
[X] 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.
[X] 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"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.
[ ] 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.
[ ] 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.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] 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.
ATTACEMENT 1
[X] 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 entities 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.
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.
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
(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 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.
FTI.F Nn_3B3 07/17 '09 14:71 TD:TCT TN3URANCF 3FRV1CF3 FRX:977 9B0 7410 PkIF Ii
ACOR4„ CERTIFICATE OF LIABILITY INSURANCE DATE
%177/20 z
'RODUCER (972)455-2532 FAX F) 972-960-7410 THIS CERTIFICATE IS ISSUED AS A MATTFR.OF INFORMATION
TCT Insurance Services dba ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT..... ' --, LXTEND OR
Leick, Johnson & Knight Ins. ALTER THE COVERAGE AFFORDED BY THF. POLICIES BELOW.
P.O. BOX 516308 Dallas, TX 75251-6309 INSURERS AP+UHDING COVERAGE
BCI Mechanical, Inc.
400 East Oak St.
Denton, TX 76201
INSURER A:
INSURER B:
INSURER C
INSURER D:
THE POLICIES OF INSURANCE UGTED DCLOW HAVE BEEN 133UED TO THE INSURtU NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFTCATC MAY DE ISSUED OR
MAY PCK I AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATF I IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM,
INSR
Type OFINfURANCE
POLICY NUMOER
PGlir: E
POD PIMTIO
LIMITS
A
GENERAI I IARILIYY
X COMMERCIAL GENERAL IIARIIBY
CLAIMS MADE O OCCUR
C706924972
09/01/2001
09/01/2002
EACH OCCURRENCE
5 1,000,000
NKkUAMAGE(Anya fire)
5 100.00
MED EXr (any one person)
$ 5,000
PERSONAL A AOV INJUKY
5 1 OOO,UO
OCNCRAL AGORWATS
b 2,000.00D
GENL AGGREGATE LIMIT APPLIES PER:
POLICY X- RCT ❑LOC
rRODUCTC• OOMPMP AGO
5 2,000'00
C
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREDAUT06
NON -OWNED AUTOS
BUA906624971
09/01/2001
09/01/2002
WMBINtu SINGLE uan
(EA°ocidoni)
$
1,000 00
SOMLT INJURY
(Par pesos) I
5
X
OOILYIN
(Peraadmo a
S
X
PRnPERTY DAMAOF
(Poraoaderd)
5
5
GARAOE LIABILITY
AN'Y AU'I'U
AUTO ONLYEAACCIDENT
OTHER TH N „ EA ACC
AUTO ONLC: AGG
5
5
R
EKCE5e WAIMLITY
X OCCUR OCLAIMS MADE
RE(NRTIBLE
X RETPNIM 5 10,00
50066247973
09/01/2001
U9/Ol/2002
EACH OCCURRENCE
5 2 000, 000
$ 2,000,00
AGGREGATE
5 _
5
5
A
WORKERS rnMPFNAATION AND
EMPLOYER6' UABIUTY
WC006624970
09/03L/2001
09/01/2002
TDriv LIMITS ER
EL. LACK AWIUENT
5 500,000
C.L. DIEEA6E- to tMHLUYk
5 SUU OO
E.L. DMeAOG • POLICY LIMIT
5 $00 00
I-OTHquTpment
A
Floater
706624972
09/01/2001
09/01/2002
Leased/Rented Equip- $30,000.
Deductible: $1,000.
DPSCRIPTION OF OPEAATIONSILOCA1fflWFTIBC�
-Tty of Denton, its offs data,
MEWEXCLUSIONS ADDED
agents, emFi1
ENDORSEMENT4PEcI_AL PRMSIONE
oyces and volunteers are shown as additional
insureds. Said policies shall not be cancelled, non-rcnewad or materially changed without
30 days advanced written notice given to the owner (City) except when policy is being
-ancelled for non-payment of premium, in which case 10 days advanced written notice i-,
•equired. Re: Bid 92952-Civic C.Pnter HVAC Replacement
CERTIFICATE
City of Benton
9010 Texas Street
Benton, TX 76200
349-7302
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WKITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY