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HomeMy WebLinkAbout2000-051ORDINANCE NO'D5� AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF HVAC RENOVATION AT THE SERVICE CENTER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2449 — RENOVATION OF HVAC AT THE SERVICE CENTER AWARDED TO BCI MECHANICAL, INC IN THE AMOUNT OF $206,800) WHEREAS, the City has solicited, and received competitive sealed 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 respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S CTION I That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", 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 NJIMBER CONTRACTOR AMOUNT 2449 BCI Mechanical, Inc $206,800 S CIF TION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works ors 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 Biddeand Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Lf� day of o 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L MUTY, CITY.*TTO BY BID 2449-CONY C TU 0RDINANCE(2.00) ATTACHMENT #1 TABULATION SHEET • # 2449 Date : 11 HVAC RENOVATION@SERVICE CENTER O 11 094CRIPTION R. VENDOR VENDOR VENDOR 6- fd " d ""j' BCI CBS Barley I);<£d Mechanical Mechanical Construction Vdryi Base Bid $206,800 $297,700 $216,237 1 Addendum #1 YES YES YES 2 Bond YES YES YES 3 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON TIJIS AGREEMENT, made and entered into this 15 day of February A D , 2000, by and between City of Denton of the County of Denton and State of Texas, acting through Michael W Jez thereunto duly authorized so to do, hereinafter termed "OWNER," and BCI Me4aamcal Inc 400 E Oaks 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 2444 - Renovation of HVAC at the Service Center in the amount of $206,800 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 i 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 herem 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, CA-1 and the Specifications therefore, as prepared by Denton Municipal Electric and Don Raspante all of which are referenced herein and 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 clauns 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 APPROVED AS (SEAL) BCI Mechanical, Inc. CONTRACTOR 400 E. Oak Street Denton, Texas 76201 MAILING ADDRESS (940) 565-1010 PHONE NUMBER (940) 898-1120 FAX NUMBER CA-3 (SEAL) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidd rs 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 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 modifaed�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 (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 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 ansing during the contract term which give nse 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 ansing 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 mimmum 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 I in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Ovyner's and Contractor's Protective Liability Insurance Thee 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 anse 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 legs 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 [ ] 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 ATTACHMENT 1 [XI Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or 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 winch 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 marl 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 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 401011(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 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 carver 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 Bid 2452 — Renovation of HVAC at Service Center -CONTRACT & INS 2-00 ProposaL(Bid) Form Time 2 Q0pm Date January 18, 2000 To Purchasing Agent City of Denton, Texas 901-B Texas Street Denton, Texas76201 Gentleman The undersigned having examined the Contract Documents entitled HVAC/Renovation — Service Center Bid # 2449 And having visited the site of the proposed construction, and having famitianzed himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposed to lurmsh all supervision, labor, matuials, equipment, tools, and aLLLssories and to and all work in accordance with said documents and addenda thereto for the stipulated sum of Two hundred six thousand eight hundredDollars ($206,800.00 ) Total Base Bid Total Materials Incorporated into the Project 117r900.00 Total Labor Supervision and Matenals Not Incorporated into the Protect $ 88, 900.00 Addenda Acknowledge receipt of the following addenda which are part of the bidding Documents by placing Addendum #, Date issued and initiating Addendum No 1 111212000 7x�ii dSendum No Addendum No Addendum No The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Doiuments pertaining to the work covered by the above bid And, he further agrees to commence work within ten (10) days after the written notice to proceed and to substantially complete the work on which he has bid within 60 daytime Consecutive Calendar days subject to such extensions of time allowed by specifications The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding BID GUARANTY: Enclosed with this Bid is a Certified Check for Dollars or a Bid Bond in the sum of Twenty thousand dollars & no/100 -- Dollars($ 20,000.00 ) which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 90 days after the bids are received and the undersigned fads to execute the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted- otherwise said check or bond shall be returned to the undersigned upon demand BCI Mechanical, Inc Contractor (firm name) Autho ze tgnature orporahon, attest and affix a Corporate Seal) Fr lin W. Cunni am, Vice—Presidnet Title Address 400 E. Oak Street City, State, Zip Code Denton, TX 76201 Telephone (940) 565-1010 Fax (940) 898-1120 JAN 12 00 (WED) 07 52 CITY OF DENTON PURCHASING 940 349 7302 PAGE 2/2 ADDENDUMI AC 1 AC unit A will not be required, delete from plans Painting/Refinishing 1 Interior doors will be cleaned -up (sanded and clear coat) and reinstalled 2 Bid includes painting upstairs interior with the exception of the kitchen i Covored walls will be pnmod and painted Light fixtures 1 Light fixture shown as existing In vestibule near back restroom is not existing, will need to be new fixture 2 Bid as option replacing lighting fixtures instead of cleaning and re -lensing NOTE: Bid is based on installation of new light fixtures Ceiling 1 New ceiling height will be to top of windows, (8'6" or 87") 2 Calling grid replacement Includes wall angles NOTE: Add $5, 000. oo to 3 Bid new ceiling the for training room)as an option 4 Bid 2x4 ceiling file replace ceiling and paint walls MISC. withinn the training room 1 Exhaust pipe in storage room will be demolished and capped City offices will be closed Monday, January 17, 2000 for MLK Jr, Holiday Questions regarding this bid should be directed to Katherine Barnett 940-349- 8202 prior to January 14, 2000 at 12 noon NO OTHER CHANGES AT THIS TIME BID OPENING ON JANUARY 1 B, 2000 AT 2.00PM This form should be signed and returned with your bid Name' Franklin W. Cunnir=ham Signature --Y - _ Company B echanical, I Title' Vice -President Date January 18, 2000 NOTE: Bid is based on performing work during normal working hours, as discussed with Ms. Katherine Barnett. V PERFORMANCE BOND 929088671 STATE OF TEXAS 4 COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS That BCI Mechanical, Inc whose address is 400 E Oak Street Denton, TX 76201 heremafter called Principal, and Cont nental Casualty a corporation organized and existing under the laws of the State o Texas and fully authorized to transact business in the State of Texas, as Surety, are he and firmly bound onto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hcrewafter called Owner, in the penal sum of Two Hundred Six Thousand Ei ht Hundred and no/100 DOLLARS ($ 206,800 plus ten percent —of stated penal s as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages ansmg 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 OBLIOATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2000-051, with the City of Demon, the Owner, dated the 15 day of February AD 2000, a copy of which is hereto attached and made a part hereof, for Bid A 2449 — Renovation of HVAC at the Service Center NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB-1 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 trine, 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 15 day of February , 2000 ATTEST Zow,t� �!. . i-O=i,001�OFJj ATTEST BY — Q The Resident Agent of the Surety in Denton Coua PRINCIPAL SURETY Continental Casualt ATTORNEY -IN -FACT Michael P. Whtsenant ty, Texas for delivery of notice and service of the process is. NAME Leick, Johnson and Knight STREET ADDRESS 100 W. Oak Street; Denton, Texas 76201 (NOTE; Date of Performance Bond must be date of Contract tf Resident Agent is not a corporatron, give a person Is name) I PB-2 PAYMENT BOND 929088671 STATE OF TEXAS COUNTY OF DENTON 9 KNOW ALL MEN BY THESE PRESENTS That BCI Mechanical, Inc , whose address is 400 E Oak Street Denton, TX 76201 hereinafter call rinc pal, Contimental Casualty tw 3W a corporation organized and existing under the laws of the State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City, of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Two Hundred Six Thousand Eight Hundred and nol100 DOLLARS ($ 206,000 to lawful money of the United States, to be patd in Denton, Countyl 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 2000-031, with the City of Denton, the Owner, dated the 15 day of February A D— 2MO, a copy of which is hereto attached and made a part hereof, for Bid 2449 — Renovation of HVAC at the Service1 Center 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 andfor 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 he in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, 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 PB-3 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 15 day of February , M ATTEST: ATTEST. BY PRINCIPAL - I --- I IN 7 - I Fm-e i� SURETY Continental Casualty Cc any BY U ATTORNEY -IN -FACT Michael P. Mu.senant The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is. NAME Leick, Johnson and Knight STREET ADDRESS 100 W. oak street; 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) PB-4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (harem 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 their true and lawful Attomey(s)-in-Fact with full power and authority hereby oonferreo to sign, seal ana execute Tor ana on weir oenas cons, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as If such Instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed I This Power of Attorney Is made and executed pursuant to and by authority of the By -Laws and Resolutions printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of October 1997 I(De� CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA OJ BEAL lmi te670 Marvin J Cashion Group Vice President State of Illinois, County of Will, as On this 7th day of October 1997 before me personally came Marvin J Cashion, to me 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,inatrument 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 deedlof said corporations e P woT�ar PuaL"` �tQ1RI►.� . Porlt,�,l�,", 9y„ oa ,o My Commission Expires June 5, 2000 Eileen T Pachuta Notary Public CERTIFICATE I, Mary A Ribikewskis, 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 st'll In force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse tti�er f are:11 In force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this iStn day df February 2000 CONTINENTAL CASUALTY COMPANY Oft, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A Ribxkawskis Assistant Secretary (Rev 10/1/97) Authonzing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company "Article IX —Execution of Documents Section 3 Appointment of Attorney -in -fact The Chairman of the Board of Directors the President or any Executive, Senior or Group Vice President may from time to time, appoint by written certificates attomeys-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-m"fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any 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 beanng 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 VF--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-rn-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 attomeys-m-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 "Resolved that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17 1993 by the Board of Directors of the Company RESOLVED That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates Attomeys-in-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 Attomey-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 Attomey-in-Fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 "RESOLVED That the signature of the President 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 " __r__ , 1_ .. Quin 7Liq ACORD CERTIFICATE OF LIABILITY ATE MWDDM) INSURAIiii z l D03/31/00 PRODUCER Leick, Johnson & Knight Ins P O Sox 516309 Dallas TX 75251-6309 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Hollingsworth, CIC Joyce Hollin g Phone No 972-233-9 55 F.. No 972-960-7410 INSURED COMPANY A American Casualty Co - COMPANY B Transportation Insurance Cc COMPANY C Continental Casualty Cc BCI Mechanical, Ino COMPANY D Transcontinental Ins Company 400 East Oak St Denton TX 76201 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 _ CO LTR TYPE OF INSURANCE POLICY POLICY NUMBER EFFECTIVE DATE (MM/DD") POLICY EXPIRATION DATE (MWDDNY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNERS S CONTRACTORS PROT C706624972 09/01/99 09/01/00 GENERAL AGGREGATE $2 000,000 PRODUCTS COMPIOPAGG $2,000 000 PERSONAL$ ADV INJURY $1,000,000 EACH OCCURRENCE $ 1 , OOO , OOO FIRE DAMAGE (Any one lire) $ 50,000 _ MED EXP (Any one person) $ 5,000 -- C AUTOMOBILE LIABILITY ANY AUTO BUA906624971 09/01/99 09/Ol/00 COMBINED SINGLE LIMIT $ 500, OOO X ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ -- X _X NON OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTOONLY EAACCIDENT $ OTHER THAN AUTO ONLY ---- EACH ACCIDENT $ AGGREGATE $ -- B EXCESS LIABILITY X UMBRELLA FORM O I HER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERSLIABILITY A5066247973 09/01/99 09/01/00 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 — W RST I; S X OTH $ --- - EL EACH ACCIDENT $500,000 ELDISEASE POLICYLIMIT $500,000 D THE PROPRIETOR/ }[ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL W0006624970 09/01/99 09/01/00 EL DISEASE EA EMPLOYEE $ 50O OOO A A OTHER Property Section Equipment Floater C706624972 C706624972 09/01/99 09/01/99 09/01/00 09/01/00 rented $50,000 DESCRIPTION OF OPERATION /LOCATIONSNEHICLES/SPECIAL ITEMS C ty of Denton, its officials, agent , ployees and volunteers are shown as additional Insure3a Said Policies s all not beQ cancelled,non-renewed or n In chanpged 5$vvithppout 30 days advanced written_notice given to the Stvll innwhichtcasecUtdansnazivancediwritten noticelis re non of premium, CERTIFICATE HOLDER CITYDEN CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED P$ BE CANCELLED BEFORE,TAE DOCE City of Denton Attn Tom Shaw Purchasing Dept 100 West Oak #208 Denton TX 76201 EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL MAIL C 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HO�91P NAMEO TO THE 44\\I BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION QLR�LIABILITV \ 1 OF ANY KIND UPON THE COMPANY ITS AGENTS oR REPRE,$ENTA'FIVES r �I T� \ v AUTHORIZED REPRESENTATIVE /-7 \A C' I ACORD 25 S (1/95)