1998-087 ORDNANCE NO q?.-Ogq
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
HVAC RENOVATION AND EQUIPMENT REPLACEMENT FOR MLK RECREATION
CENTER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING
AN EFFECTIVE DATE (BID # 2173 -HVAC RENOVATION AND EQUIPMENT
REPLACEMENT FOR MLK RECREATION CENTER TO BCI MECHANICAL IN THE
AMOUNT OF $117,800 00)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction ofpubhc works or improvements in accordance with the procedures of STATE law
and City orchnances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the hereto described bids are the lowest responsible bids for the construction of the pubhc 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
~ That the following competitive bids for the construction ofpubhc works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specfficataons on
file m the Offico 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
2173 BCI MECHANICAL $11%800 00
~ That the acceptance and approval of the above competitive bids shall not
constitute a contract between the C~ty and the person submitting the bid for construction of such
public works or improvements hereto accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders melu&ng 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 Caty Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the constmctaon of the pubhc works or ~mpmvements in accordance
w~th the bids accepted and approved hereto, proxnded that such contracts are made m accordance
with the Notme to B~dders and Bid Proposals, and documents relating thereto specifying the terms,
condat~ons, plans and speefficat~ons, standards, quantities and specified sums contmned thereto
SECTION IV That upon acceptance and approval of the above competatave b~ds and the
executaon of contracts for the pubbc works and ampmvements as authorized herein, the C~ty Council
hereby authonzes the expenditure of funds an the manner and m the amount as spemfied m such
approved b~ds and anthonzed contracts executed pursuant thereto
SECTION V That tlus ordinance shall become effective ammedmtely upon ats passage and
approval
7 //?n/ , 998
PASSED AND APPROVED th~s the day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2173 CONTRACT ORDINANCE
ATTACHMENT # 1
TABULATION SHEET
BID # 2t 73
BID NAME HVAC RENOVATION & EQUIPMENT BCI COX CBS LASSITER
REPLACEMENT FOR MLK REC CTR MECHANICAL MECHANICAL MECHANICAL INC
DATE 3/17198
TOTAL BID AWARD $117,800 0(~ $165,663 00 $166,300 00 $119,212
BID BONDICASHIER CHECK BOND CHECK BOND BOND
ADDENDUM #1 YES YES YES YES
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 7 day of APRIL A.D., 1998, by
and between CITY OF DENTON of the County of DENTON and State of Texas, acting
through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed
"OWNER," and
BCI MECHANICAL
400 E. OAK STREET
DENTON, TEXAS 76:101
of the C~ty of DENTON, County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter menUoned, to be made and performed by OWNER, and under the condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2173 - HVAC RENOVATION AND EQUIPMENT REPLACEMENT FOR
MLK RRCREATION CENTER
in the amount of $117,800.00 and all extra work m connecuon therewith, under the
terms as stated m the General Conditions of the agreement, and at his (or thmr) own proper
cost and expense to furmsh all materials, supplies, machinery, equipment, tools,
superintendence, labor, ~nsurance, and other accessories and services necessary to complete the
work specified above, m accordance with the conditions and prices stated m the Proposal
attached hereto, and m accordance with all the General Conditions of the Agreement, the
Specml Conditions, the Notwe to Bidders (Advertisement for B~ds), Instructions to B~dders,
and the Performance and Payment Bonds, all attached hereto, and ~n
CA- I
accordance wlth 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
FACILITIF_~ MANAGEMENT DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It Is mutually understood and agreed by and between C~ty and Contractor that
Contractor ~s an independent contractor and shall not be deemed to be or considered an
employee of the C~ty of Denton, Texas, for the purposes of raceme tax, w~thholdmg, soctal
security taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty
employee benefit CRy shall not have supervision and control of Contractor or any employee
of Contractor, and it ~s expressly understood that Contractor shall perform the serwces
hereunder according to the attached spec~ficauons at the general d~rect~on of the City Manager
of the C~ty of Denton, Texas, or h~s designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the C~ty of
Denton from any and all damages, loss, or hablhty of any land whatsoever, by reason of injury
to property or thtrd persons occasioned by any error, omission or neghgent act of Contractor,
Its officers, agents, employees, mwtees, and other persons for whom ~t is legally hable, w~th
regard to the performance of th~s Agreement, and Contractor will, at its cost and expense,
defend and protect the C~ty of Denton agmnst any and all such clan'ns 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 he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth ~n written notice to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of th-ne as are prowded by the
General and Specml Contht~ons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the
General and Special Conthtlons of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
m the year and day first above written
~A~TEST . / ~
/ J/~Z~q IIA,~ ~. ~,/~/~ CITY OF DENTON
(SEAL)
ATTEST
C
~ 400 E. Oak Street
Denton, Texas 76201
MAILING ADDRESS
(940) 565-1010
PHONE NUMBER
(940) 898-1120
FAX NUMBER
APPROVED AS TO FORM PRINTED NAME
CITY ATTORNEY ·
21?3..CONTRACT & BONDS
CA - 3
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 ,nsurance 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 Iow bidder falls to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to mainta;n
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or I~ab~ht~es of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the m~mmum ~nsurance coverage as
ind~cated hereinafter
As soon as practicable after notification of bid award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of insurance, contaimng the b~d
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
time, however, Contractors are strongly adwsed to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after b~d
opening unless a written exception has been submitted w~th the b~d 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 ~nsurance pohc~es proposed or obtained ~n satisfact~on of these requirements shall
comply with the following general specifications, and shall be maintained m
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 tn the
State of Texas with an A.M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared ~n the b~d
proposal If requested by the City, the insurer shall reduce or ehm~nate
such deductibles or self-insured retentions w~th respect to the C~ty, ~ts
AAA00350
REVISED 10112/~4 (~l -
1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related ~nvestigatJons, clmm
adm~nlstration and defense expenses
· L,ablllty pohmes shall be endorsed to prowde the following
e· Name as additional ~nsured the C~ty of Denton, ~ts Officials, Agents,
Employees and volunteers
· · That such insurance ~s primary to any other ~nsurance avmlable to the
additional ~nsured with respect to clmms covered under the pohcy and
that th~s Insurance apphes separately to each ~nsured agmnst whom
clmm ~s made or su~t ~s brought The ~nclus~on of more than one
~nsured shall not operate to increase the insurer's hm~t of hab~hty
· All policies shall be endorsed to prowde thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction ~n coverage
· Should any of the required ~nsurance be prowded under a clmms-made
form, Contractor shall maintain such coverage continuously throughout the
term of th~s contract and, w~thout lapse, for a per~od of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to clmms made after expiration of the contract shall
be covered.
· Should any of the required ~nsurance be provided under a form of coverage
that ~ncludes a general annual aggregate hm~t prowdmg for claims
investigation or legal defense costs to be ~ncluded m the general annual
aggregate hm~t, the contractor shall e~ther double the occurrence hmits or
obtain Owners and Contractors Protective L~ab~hty Insurance
· Should any required insurance lapse dunng the contract term, requests for
payments originating after such lapse shall not be processed unttl the C~ty
receives satisfactory ewdence of reinstated coverage as requ,red by th~s
contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty
may, 8t ~ts sole option, terminate th~s agreement effective on the date of
the lapse
AAA00350
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurence policies proposed or obtained ~n satisfaction of th~s Contract shal;
add~tionally comp;y with the following marked specifications, and shall be mmnte~ned
~n compliance with these additional spemf,cations throughout the duration of the
Contract, or longer, if so noted
[X] A General Liab,l,ty Insurance:
General Liab~hty insurance with combined single I,m~ts of not less than
$1.000.000 shall be provided and mamtmned by the contractor The pohcy
shall be written on an occurrence bas~s either m a single pohcy or m a
combination of underlying and umbrella or excess pohcms
If the Commercial General Llablhty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual hab~hty
covering this contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not reqmred
If the Comprehensive General L,ablhty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall include at least
· Bodily ~njury and Property Damage Llab~hty for premises,
operations, products and completed operations, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual hablhty (preferably by endorsement)
covenng this contract, personal ~njury hab~hty and broad form
property damage liability.
AAA003~O
REVISED 10112/94 CI - 3
Insurance Requirements
Page 4
[X] Automobde Liability Insurance'
Contractor shall provide Commercial Automobde L~abd~ty ~nsurance with
Combined S~ngle Limits (CSL) of not less than $500.000 e~ther ~n a s~ngle
policy or in a combination of basic and umbrella or excess policies The policy
will ~nclude bodily ~njury and property damage I~abd~ty arising out of the
operation, maintenance and use of all automobdes and mobde equipment used
in conjunction with this contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensat;on ~nsurance
wh;ch, ~n addition to meeting the mlmmum statutory requirements for ~ssuance
of such ~nsurance, has Employer's L~abd~ty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy lim;t for
occupational disease The CiW need not be named as an "Additional Insured"
but the ~nsurer shall agree to wawe all rights of subrogation against the C~ty,
~ts officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For budding or construction projects, the
Contractor shall comply with the provisions of Attachment 1 ~n 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 Liebihty Insurance
The Contractor shall obtain, pay for and ma~nta;n at all t~mes dunng the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liabihty insurance pohcy naming the C;ty as ~nsured for property
damage and bodily ~njury which may arise ~n the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAAO0360
REVISED 10112/94 CI -
4
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same ~nsurance
company that carries the contractor's liability ~nsurance Policy hm~ts will be
at least combined bodily ~njury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage ~s required ~f Broad form General Llab~ht¥ ;s not prowded or ;s
unavailable to the contractor or ~f a contractor leases or rents a portion of a
City building Limits of not less than each occurrence are required
[ ] Profeas,onal Llab,lity Insurance
Professional liability ~nsurance with limits not less than per claim
with respect to negligent acts, errors or omissions ;n connection with
professional services is required under this Agreement
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided Such pohcy shall include as "Named Insured" the C~ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other insurance may be required on an md~wdual bas~s for extra hazardous
contracts and specific service agreements. If such additional ~nsurance ~s
required for a specific contract, that requirement w~ll be described ~n the
"Specific Conditions" of the contract specifications
AAA00360
REVISED 10/12194 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT I
[] Worker's Compensation Coverage for Bualding or Construction Projects for
Governmental Entities
A Deflmt;ons
Certificate of coverage ("cert~flcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-;nsure ~ssued by the commission, or a
coverage agreement ('I'WCC-81, 'I'VVCC-82, TWCC-83, or 'I'WCC-84),
showing statutory workers' compensation insurance coverage for the
person's or ent~ty's employees providing serwces on a project, for the
duration of the project
Duration of the project - ~ncludes the t~me from the beg~nmng of the work
on the project unt;I the contractor's/person's work on the project has been
completed and accepted by the governmental ent;ty
Persons prowding serwces on the project ("subcontractor" m §406 096) -
~ncludes all persons or ent~t~es performing all or part of the serwces the
contractor has undertaken to perform on the project, regardless of whether
that person contracted d~rectly w~th the contractor and regardless of
whether that person has employees Th~s ~ncludes, w~thout hm~tat~on,
independent contractors, subcontractors, leasing compames, motor
carners, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde serwces on the project
"Services" ~nclude, w~thout hm~tat~on, providing, hauhng, or delivenng
equipment or materials, or provid;ng labor, transportation, or other serwce
related to a project "Serv.ces" does not ~nclude act~wties unrelated to the
project, such as food/beverage vendors, office supply deltvenes, and
dehvery of portable tmlets.
B. The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and fll~ng of any overage
agreements, wh;ch meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor providing serwces
on the project, for the duration of the project
AAA003$0
REV~SEO I0/12/e4 C~ - 6
Insurance Requirements
Page 7
C. The Contractor must provide 8 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 dunng 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 prowdmg serwces on a
project, and prowde to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons prowding serwces on the
project; and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, ~f the coverage
period shown on the current certificate of coverage ends dunng the
duration of the project
F The contractor shall retain all required certificates of coverage for the
duration of the prolect and for one year thereafter
G. The contractor shall notify the governmental entity ~n writing by certified
mail or personal delivery, w~thin 10 days after the contractor knew or
should have known, of any change that matenally affects the provision of
coverage of any person providing serwces on the project
H. The contractor shall post on each prolect site a not~ce, ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing serwces on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AAA00360
REVISED 10112/~4 Gl - 7
Insurance Requirements
Page 8
The contractor shall contractually requIre each person w~th whom ~t
contracts to provide serwces on a project, to
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and flhng of any coverage agreements, whmh
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of its employees prowd~ng servmes on the project,
for the duration of the project,
(2) provide to the contractor, prior to that person beg~nmng work on the
project, a certificate of coverage showing that coverage ~s being
prowded for all employees of the person prowd~ng servmes 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, ~f the coverage
period shown on the current certificate of coverage ends during the
duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and provide to
the contractor,
(a) a certificate of coverage, prior to the other person beg~nmng
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage period
shown on the current cemflcate 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 ~n writing by certified mall or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the prowslon of coverage of any
person prowd~ng serwces on the prolect, and
AAA00360
REVISED I0112/84 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person w~th whom ~t contracts, to perform
aa required by paragraphs (1) - (7), with the certlf,cates of coverage
to be provided to the person for whom they are prov,ding services
J By sigmng th~s contract or prowd,ng or caus,ng to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who wdl prowde services on the project w~ll
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 w~ll be filed
with the appropriate insurance carrier or, In the case of a self-insured, w,th
the commission's Division of Self-Insurance Regulation Prov,dlng false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penaltms, or other c~vll actions
K. The contractor's failure to comply with any of these prows~ons ~s a breach
of contract by the contractor which ent~tles 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.
AAA00360
REV~SEO lO/l=/~4 C[ ~ 9
~oouc~ THIS CERTIPICATE 1818SUED A8 A MA~BR OF
ONLY AND CONFER8 NO R~HTS UPON THE CER~FICATE
~e~k ~o~son & ~ht ~na HOLDER THI8 CERTI~CATE DOE8 NOT AMEND, ~TEND OR
9 0 Boz 5Z6309 ALTER THE COVE~GE AFFORDED BY THE POUCIE8 BELOW
D~ZZas ~X ;525Z-6309 COMPANIES AFFORDING COVE~GE
~e Ho~ngsw~h, ~C A ~=an Caa~Zt~ Co
'h~No 972-233-98~5 FuNo. 9~2-960-~4Z0
B ~=anego~a~on [ns~anoe
C ~n~nen~aZ ~su~ Co
~nton TX ~6~01 D Trana=on~nent~ Ina
CO ~ o~ ~U~ ~OU~ ~S~
c~c~;~ u~u~ C~066249~2 09/0~/9~ 09/0~/9a P~ c~P~ ~2;000~000
C X ~ ~0 ~ BUAg06624971 09/01/9T 09/01/98 ~u~ ~ 500,000
~ ~EL~;O~ ~06624TgT3 09/01/9~ 09/01/98 ~m S 2,000,000
B
D ~EPR0~mmo~ ~;~ WC006624970 09/01/97 09/01/98 EL~S~E POUCYU~T tS00;000
~ Equi~t Eloat~ ~06625485 09/01/9T 09/01/98 L/~nt~ $50,000
Ded $250
BID ~21T3 Job-- ~ ~nova~on ~d E~nt fRr ~ ~=eation Cent~
C~t~ioate hold~ Ls n~d as ad~tiona~ ine~a
P~ohasi~g Dap2
Denton TX q6201
~ ~ACORD CORpQRA~ON 1~8
Date 03/17/98 Signed ~__
Title Franklin W. Cunningh~a, Vice Presi-dent
NameofFIrm BCI Mechanical, Inc.
Organize as a (mark one)
Proprietorship
Partnership
Corporation x
Under the law of the State of Texa~
Legal address 400 E. Oak Street
Denton, Texas 76201
Date March 17t 1998
Telephone No (940) 565-1010 Fax (940) 898-1120
IfB,d is by a corporation, affix seal above address
END OF BID FORM
FacMgm/Forms/Instmcno~o BiddcrsMLK doc
Enclosed with th,s proposal ,s bid secur,ty ,n the Su,~l ot Twelve Thousand Five Hundred
and no/100's Dollars($ 12,500.00 )
T,me of complet,on The tmders,gned ag,ees to commence work under Ibis contract w~thm ten
days of receipt o! wr,tte,] Not,ce to Proceed Irom the Owner. and to substanttally complete the
ent,re work for the project as tbllows pr,or to July 20r 1998
Addenda The unders,gned hereby acknowledge., ,ece,pt of the !ollow,ng addenda to tile
Drawings and Specfficat,ons. all ot the prov,s,ons and leqmrements o! wluch addenda have been
taken into consideration m the preparat,on of th,s Ploposal
Addendum No 1 Dated 03/11/98
Addendum No Dated
FacMgmlFonns/Instmc.ons~o BiddersMLK doc
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That BCI MECHANICAL whose
address ts 400 E. OAK STREET, DENTON, TX 76201, hereinafter called Prtnclpal, and
Continantal Casualtv Company ,
a corporation orgatuzed and ~xistmg under the laws of the State of TEXAS, and fully
authorized to transact bnsmess m the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mume~pal corporauon orgamzed and exmtmg under the laws of the State
of Texas, hereinafter called Owner, tn the penal sum of ONE HUNDRED SEVENTEEN
THOUSAND EIGHT I-IUNDRED and no/100 DOLLARS ($117,800.00) plus ten percent of
the stated penal sum as an adthttonal sum of money representing additional court expenses,
attorneys' fees, and hqmdated damages ansmg out of or connected with the below idenUfied
Contract, tn lawful money of the United States, to be prod tn Denton County, Texas, for the
payment of winch sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, adrmmstrators, successors, and assigns, jointly and severally, firmly by these
presents Thru Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which tncreases the Contract price, but tn no event shall a Change
Order or Supplemental Agreement whxch reduces the Contract price decrease the penal sum of
th~s Bond
THE OBLIGATION TO PAY SAME is cond~Uoned as follows Whereas, the
Prtnelpal entered mto a certain Contract, idenUfied by Ordinance Number 98-087, w~th the
C~ty of Denton, the Owner, dated the 7 day of APRIL A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2173- HVAC RENOVATION AND
EQUIPMENT REPLACEMENT FOR MLK RECREATION CENTER.
NOW, THEREFORE, if the Prtnclpal shall well, truly and fmthfully perform and fulfill
all of the undertalangs, covenants, terms, conditions and agreements of smd Contract tn
accordaace with the Plans, Spec~ficaUons and Contract Documents durtng the ongmal term
thereof and any extensmn thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty reqmred 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 anthorwed modifications of said Contract that may
hereafter be made, notice of which modlficaUons to the Surety betng hereby waived, and, if the
Principal shall repatr and/or replace all defects due to faulty materials and workmanship that
appear With,n a period of one (I) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully tndemmfy and save harmless the
Owner from all costs and damages whtch Owner may suffer by reason of failure to so perform
harem and shall fully rennburse and repay Owner all outlay and expense winch the Owner may
tncor in malong good any default or deficiency, then this obligation shall be void, otherwise, it
shall remam tn full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the sa~d Surety, for value recexved, hereby
supulates and agrees that no change, extenslon of tune, alterauon or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Speelficauons,
Drawings, ere, accompanying the same, shall m anywise affect its obhgat~on on thru Bond,
and ~t does hereby wmve not,ce of any such change, extension of tune, alteraUon or addlUon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficauons, Drawings, etc
Thxs Bond m g~ven pursuant to the prows~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent Is hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any requmtte noUces may be dehvered and on
whom service of process may be had m matters arising out of such suretyship, as provided by
ArUcle 7 19-1 of the Insurance Code, Vemon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, thru mstnunent m executed m 3 copies, each one of whtch
shall be deemed an original, thru the 7 day of APRIL 1998.
ATTEST PRINCIPAL
~ P~SIDL~NT Dan Coward
ATTEST SURETY
BY -.~'1 0~t ~~ Continental Casu. alty ~mpany
ATTORNEY-IN-FACT
The Resident Agent of the Surety m Denton County, Texas for dehvery of nouce and service
of the process m
NAME Lelckt Johnson & Kn~.~ht
STREET ADDRESS 12660 Colt Road #200; Dallas, Texas 75251
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ~s not a
corporatton, gtve a person's name )
2173-CONTRACT & BONDS
PB - 2
PAYM~ BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That BCI MECHANICAL, whose
address is 400 E. OAK STREET, DENTON, TX 76201, hereinafter called Principal, and _
Cnnl-~nl-nl Cn~nl I-v Company ,
a corporation orgamze~ and existing under the laws of the State of TEXAS, and fully
anthor~zed to transact bnsmess In the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a mumcipal corporation org~mzed and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, fu'ms, and corporations who may
furmsh matermls for, or perform labor upon, the bmldmg or unprovements hereinafter referred
to, m the penal sum of ONE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED
and no/100 DOLLARS ($117,800.00) m lawful money of the Umted States, to be paid m
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, fu'mly by these presents Tills Bond shall automatically be increased by the amount
of any Change Order or Supplemental Agreement which increases the Contract price, but m no
event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered Into a certain Contract, identified by Ordinance Number 98-087, with the City of
Denton, the Owner, dated the 7 day of APRIL A.D. 1998, a copy of which is hereto attached
and made a part hereof, for BID # 2173-HVAC RENOVATION AND EQUIPMENT
REPLACEMENT FOR MLK RECREATION 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 claunants
supplying labor and/or material In the prosecution of the Work provided for In said Contract
and any and all duly anthor~zed modifications of smd 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 remam 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 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 obhgatlon on this Bond,
and it does hereby waive notice of any such 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
PB - 3
This Bond m given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent m hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any reqms~te notices may be dehvered and on
whom service of process may be had m matters ansmg out of such suretyship, as prowded by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Clvd Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 3 copies, each one of Much
shall be deemed an original, this the 7 day of APRIL, 1998.
ATTEST PRINCIPAL
ATTEST SURETY
~ ~ Continental Casualty Company
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for dehvery of notice and serwce
of the process IS
NAME Lexck, Johnson & Kn.~c~ht
STREET ADDRESS 12660 Coxt Road #200; Dallas, Texas 75251
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporation, give a person's name )
2173-CONTRACT & BONDS
4-8 98
PB - 4
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
gflow NI Mall By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Ceoneottout corpors~on, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein oolleotively aalled 'tile CNA Surety Companlsa"), are duly organized and existing corporations having their pnnolpal offices ~n
the City of Chicagoi and Stele of Illinois, and that they do by vlrttie of the signature and seals herein affixed hereby make, conct~luts and appoint
M~oheol P Wh~anant~ Bobby W Bush~ led~viduall¥
of Dalisa~ Tsxa~
their true and lawful Attorney(s).in-Faot with full power and authonty hereby conferred to sign, seal and execute for and on their behalf bonds
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them th]araby as fully and to the same extent ss If such ~natrumonts were s~gned by a duly authoraed officer of their corporations
and all the acts of said Attorney, pursuant to the authonty hereby gNan are hereby ratified and confirmed
Th~s Power of At, l:or~ley is made and exeoutsd pursuant to and by authorit'j ofthe By-Laws and Resolutions pnnted on the reverse hereof duly
adopted, as ~nd~ated, by the Boards of D~ractors of the oorpora~ons
In Witness Wltereof, the CNA Sureties Compamsa have oausad these presents to be agned by their Group Vice Pres~dsnt and
their corporate ssals ts be herato affixed on this 19th dsyof September 1997
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
M C Vonnahme Group Vice President
State of Illinois, Cot~nty of Cook, ss
On th~s 19th day of September , 1997 , before ms personally came
M C Vonnahme , to me known who, being by me duly sworn, did depose and say that he readsa ~n the Village of Danen , State of filene,s
that he ia a Gm~p Vi~e President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA desoribed In and which executed the above instrument, that he
knows the seals of ~ald corporations, that the seals affixed to the said instrument are such corporate seals, that they wars so affixed pursuant to
authority g~ven by ~s Baards of Directors of said oorporatlona and that he signed his name thereto pursuant to I~ke authority, and acknowledges
same to be the act and deed of said corporations
My Comm~eslon ~lrsa Juns $, 2000 E~lsan I Ps~ut~ Notsry Public
i CERTIFICATE
I, Robert F. Aye, A~sistont Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby aartlf7 that the Power of Attorney here~n above set forth ~s
still In farce and furltaer certify that the By-Law and Resolution of tl~ Board of Diractore of each corporation pnntsd on the reverse hereof are still
~n forc.~. In. tss~mony whereof I have hereunto subec.rl~a.d my name and affixed tha seals of the said corporations
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
Robert E Aye Aes~steot Sscretary
(Rev 7/14/95)
Authonz, ng By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY
This Power of Attorney ~s made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company
"Article IX---Exeouflon of Documents
Se~on 3 Appointment of Attomey-~n-fact The Chairman of the Board of Dirs~tors, the Prealdent or any Executive, Senior or
Group Vice Prea~dent may, from time to ~me appoint by wnttsn cerbfioatss attomeysHn-fant to act in behalf of the Company ~n the
exsou~on of pollclea of insurance bonds, undertaklnga and other obligatory instruments of hke nature Such attomeys-ln-fact, subject
to the Ilmltst~ons eat forth in their reapactlve certificates of authonty, shall have flJII 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 Prealdent
or any Executive Senior or Group Vice Prse~dant or the Board of D~rectors, may, at any t~me revoke afl power and authority prewoualy
g~van to any attomey-~n-fect
Th~s Power of Attorney ~s s~gned and sealed by facsimile under and by the authonty of the follo~ang Reaoluflon adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993
"Resolved, that the s~gnaturs of the President or any Exsoutlva, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Sec~on 3 of Arbole IX of the By-Laws, and the slgnatsrs of the
Secretary or an Aea~stsnt Secrg(ary and the seal of the Company may be e~[xed by facs~mlla to any oarbficats of any such power and
any power or cerbficats beanng such face,mile s~gnaturs and seal shall be valid and binding on the Company Any such power so executed
and sealed and ced]fled by cal'aflcats so executed and sealed shall, with reapact to any bond or undertaking to which it la 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 ~s made and executed pursuant to and by authority of the tollm~ng By-Law duly adopted by the Board of D~rsc. tors
of the Company
'Arttsle VF--Exeouflon of Obligations and Appointment of Attomey4n-Feot
Sec~cn 2 Appointment of Attorney-in-fact The Chmrman of the Board of D~rsotors, the President or any Execuflva, Semor or Group
Vice Prea~dant may from time to t~me appoint by wntton cerUflcetos attomaya-~n-tsct to act ~n behalf of the Company in the execution of
policies of insurance bonds, undertakings and o~ar obligatory ~nstrumants of like nature Such attomeys~n-fact, subject to the hmffa~ons
set forth in their raapacbve cert3ficetea of authonty, shall have full power to bind the Company by their s~gnaturs and execu~on of any such
~netruments and to attach the seal of the Company thereto The President or any Executive, Senior or Group Vice President may at any ~me
revoke all power and authority pre~aously g~/en to any attomey-~n-fect '
Th~s Power of Attorney ~s s~gned and sealed by facelmlle under and by the authority of the following Reaolut]oa adopted by the Board
of D~rsutors of the Company at a mse~ng duly celled and held on the 17th day of February, 1993
"Rcaolved, that the signature of the Proa~dent or any Executive, Senior or Group Vice Pre.dent and the eaal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Se~'~on 2 of Article Vi of the By-Laws, end the signature cf the
Secrstory or an/~s~stant Secretary and the seal of the Company may be affixed by focslmile to any certificate of any such power and any
power or cerbficeto beanng such face~mde s~gnature and seal shall be vahd and b~nd~ng on the Company Any such power so executed end
sealed and cerbfied by carbflcets so executed and sealed shall with respect to any bond or undertaking to which it ~s attoohed continue
to be valid and b~nd~ng on the Company"
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
This Power of Attorney ~s made and executed pursuant to and by authonty of the following Resolution duly adopted on February 17, 1993
by the Board of Directors of the Company
"RESOLVED That the President an Execubva Vice President, or any Senior or Group Vice Prca~dent of the Corporation may, from time
to t~me, appmnt, by wnttsn cert~catss, Attomeys-~n~Fact to act ~n behalf of the Corporation ~n the execution of policies of ~naursnce, bonds
undartaklnga and other obligatory instruments of like nature Such Attomey-~n-Fac~ subject to the Ilmltsflons set forth In their respective
certificates of authonty shall have full power to bind the Ccrpors~an by their slgneturs and exsoutloa of any such instrument and to atts~l
the seal of the Corporation thereto The Prse~dent, an Execut~va Vice President, any San~or or Group Vice President or the Board of D~ro~3rs
may at any time revoke all power and authorlt7 previously given to any AttomeyHn-Fact"
This Power of Attorney ~s s~gned and scaled by fec~mlle under and by the authonty of the following Resolution adopted by the Board
of D~ro~ors of the Company at a meat~ng 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 scsi of the
Corporst3on may be affixed by facsimile on any power of attorney granted pursuant to the Rseolu'aon adopted by this Board of DlrsCtors on
February 17, 1993 and the s~gnaturs of a Secretary or an Ase~stsnt Secretary and the seal of the Corporslfoa may be affixed by facsimile to
any cart~ficats of any such power, and any power or carl]floats beanng such face,mile s~gnaturo and seal shall be valid and bnd]ng on the
Corporation Any such power so executed and sealed and certified by cerbficats ec executed and oaaled, shall with rsepact to any bond or
undertsk~ng to which ~ is attached, cor~nua to be valid and b~nd~ng on the Corpors~on"