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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"