1998-148AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
REPLACEMENT OF THE HVAC AT THE SERVICE CENTER FIRST FLOOR, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE
DATE (BID # 2200 - SERVICE CENTER FIRST FLOOR HVAC REPLACEMENT AWARDED
TO BCI MECHANICAL 1N THE AMOUNT OF $59,631 00)
WHEREAS, the City has sohclted, received and tabulated competitive b~ds for the
construction of pubhc works or improvements in accordance w~th the procedures of STATE law
and C~ty ordinances, and
WHEREAS, the C~ty Manager or a designated employee has received and recommended that
the herem described b~ds are the lowest responsible bids for the construction of the pubhc works or
~mprovements described m the b~d mwtatmn, bid proposals and plans and specfficatmns therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~..C. aT.J,.QI~ That the followng compettt~ve b~ds for the construction of pubhc works or
improvements, as described m the "Bid Inv~tahons", "B~d Proposals" or plans and specfficatmns on
file ~n the Office of the C~ty's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as bemg the lowest responsible bids
BID
NUMBER ~ AMOUNT
2200 BCI MECHANICAL $ 59,631 00
~ That the acceptance and approval of the above competitive b~ds shall not
constitute a contract between the C~ty and the person submitting the b~d for ennstructmn of such
pubhc works or ~mprovements hereto accepted and approved, troth such person shall enmply with
all reqmrements specffied m the Notme to B~dders including the timely executmn of a written
contract and fum~stung of performance and payment bonds, and insurance certffieate afier
notfficatmn of the award of the b~d
~ That the C~ty Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the constmctmn of the pubhc works or tmprovements ~n acenrdance
w~th the b~ds accepted and approved herem, prowded that such contracts are made ~n accordance
w~th the Notme to B~dders and B~d Proposals, and documents relating thereto spemfymg the terms,
eond~tmns, plans and specffieatmns, standards, quantities and specffied sums enntamed thereto
~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and tmprovements as anthonzed hereto, the C~ty Councd
hereby anthonzes the expenchmre of funds m the manner and ~n the mount as specffied ~n such
approved b~ds and anthonzed contracts executed pursuant thereto
~ That fins ordinance shall become effective nnmed~ately upon as passage and
approval
PASSED AND APPROVED th~s the c~~t~ dayof ~ ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2200 CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 2 day of JUNE 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, TX 76201
of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2200 - SERVICE CENTER FIRST FLOOR HVAC REPLACEMENT
m the amount of $ 59,631.00 and all extra work m connection therewlth, under the
terms as stated m the General Condxtions of the agreement, and at his (or thexr) own proper
cost and expense to furmsh all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, 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 in accordance with all the General Conditions of the Agreement, the
Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to B~dders,
and the Performance and Payment Bonds, all attached hereto, and m
CA - 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
FACILITIES 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 City and Contractor that
Contractor is an mdependent contractor and shall not be deemed to be or considered an
employee of the C~ty 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 d~rectlon of the C~ty Manager
of the C~ty of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of
Denton from any and all damages, loss, or habihty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, onuss~on or negligent act of Contractor,
its officers, agents, employees, mvitees, and other persons for whom it is legally hable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth m wntton notice to commence work and complete all work
within the tune stated m 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 m the Proposal, which forms a part of tlus contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parttes of these presents have executed thts agreement
tn the year and day first above written
ATTEST
(J (SEAL)dr
ATT T
~A~~~f/~ ~./~~ BCI Mechanical, Inc.
_ [ 400 E. Oak Street
~ Denton, Texas 76201
Same as above
MAILING ADDRESS
(940) 565-1010
PHONE NUMBER
(940) 898-1120
FAX NUMBER ~
Franklin W. Cunn~.nc~ham
APPROVED AS TO FORM PRINTED NAME
CA - 3
PERFORMANCE BOND
#15 9204 710
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That BCI MECHANICAL, whose
address m 400 E. OAK STREET, DENTON, TX 76201, hereinafter called Prmmpal, and
Continental Casualty Company , a corporation org~mzed anti
existing under the laws of the State of TEXAS, and fully authomzed to transact business m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mummpal
corporation orgamzed and existing under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of FIFTY NINE THOUSAND SIX HUNDRED THIRTY ONE and
no/100 DOLLARS ($ 59,631.00) plus ten percent of the stated penal sum as an additional sum
of money representing additional court expenses, attorneys' fees, and llqmdated damages
arming out of or connected with the below identified Contract, in 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 brad ourselves, our heirs, executors, adrmmstrators, 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 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 m conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 98-148, with the
City of Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of wfuch m hereto
attached and made a part hereof, for BID # 2200 - SERVICE CENTER FIRST FLOOR
HVAC REPLACEMENT.
NOW, THEREFORE, if the Prmmpal shall well, truly and faithfully perform and fulfill
all of the undertahngs, covenants, terms, conditions and agreements of said Contract m
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extenmon thereof which may be granted by the Owner, with or without noUcc
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 undertahngs, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereaf/er be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repmr and/or replace all defects due to faulty materials and workroa.~fup that
appear W~thm a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Prmmpal shall fully mdemmfy 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 rennburse and repay Owner all outlay and expense wluch the Owner may
recur m mahng good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain m full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie m Denton County, State of 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 m anywise affect its obligation on tlus 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
Thru Bond m g~ven pursuant to the prowmons 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 reqmmte notices may be delivered and on
whom service of process may be had m matters armmg out of such suretyslup, as prowded by
Article 7.19-1 of the Insurance Code, Vemon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed m 4 cop~es, each one of which
shall be deemed an original, this the 2 day of JUNE 1998.
ATTEST PRINCIPAL
S~CRETARY ~(J PRESIDE~q~I' . ~ _ _
ATTEST SURETY
ATTORNEY-IN-FACT
M~chael P Wh~senant
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and sel~lce
of the process Is
NAME Lexck~ Johnson & Knight Insurance
STREET ADDRESS 100 West 0ak~ Suzte 316~ Texas Buzldzn~, Denton~ TX 76201
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 2
PAYMENT BOND
#15 9204 710
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 Prmmpal, and
Continental Casualty Company , a corporation orgamzed anc~
exmtmg under the laws of the State of TEXAS, and fully authorized to transact business m the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mummpal
corporation organ,zed and exmtmg under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporanons who may furmsh materials for, or
perform labor upon, the bmld,ng or unprovements hereinafter referred to, m the penal sum of
FIFTY THREE THOUSAND NINE HUNDRED TWENTY SEVEN and no/100
DOLLARS ($ $3,927.00) m lawful money of the Umted States, to be paid m Denton, County,
Texas, for the payment of whmh sum well and truly to be made, we hereby brad ourselves, our
hints, executors, adm,n,strators, successors, and assigns, jointly and severally, firmly by these
presents Thru Bond shall automancally be increased by the mount of any Change Order or
Supplemental Agreement which increases the Contract price, but m no event shall a Change
Order or Supplemental Agreement wfuch reduces the Contract price decrease the penal sum of
this Bond
THE OBLIGATION TO PAY SAME m condmoned as follows Whereas, the Prmmpal
entered into a certain Contract, dentffied by Ordinance Number 98-148, w~th the C,ty of
Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of which is hereto attached
and made a part hereof, for BID # 2200- SERVICE CENTER FIRST FLOOR HVAC
REPLACEMENT.
NOW, THEREFORE, if the Prmclpal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, fa-ms, subcontractors, corporations and claimants
supplying labor and/or materml m the prosecution of the Work provided for m said Contract
and any and all duly authomzed modfficat~ons of smd Contract that may hereafter be made,
notice of which mod, ficatmns to the Surety being hereby expressly warred, then thru obhganon
shall be vmd, otherwme ~t shall rem_am m full force and effect
PROVIDED FURTHER, that ff any legal acnon be filed on this Bond, exclusive venue
shall he in Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value rece,ved, hereby
stipulates and agrees that no change, extension of tune, alteratmn or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficatmns,
Drawings, etc, accompanying the same, shall m anywise affect lm obhgatmn on tins Bond,
and it does hereby waive nonce of any such change, extensmn of tune, alteranon or addltmn to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spemficatmns, Drawings, etc
PB - 3
Tlus Bond Is given pursuant to the prowmons of Chapter 2253 of the Texas
Government Code. as amended, and any other applicable statutes of the State of Texas
The undersigned and demgnated agent ~s hereby designated by the Surety harem as the
Remdent Agent m Denton County to whom any reqmmte not~ces may be delivered 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. Vernon's Annotated Clwl Statutes of the State of Texas
IN WITNESS WHEREOF. tins instrument ~s executed m 4 copies, each one of winch
shall be deemed an original, tins the 2 day of JUNE, 1998.
ATTEST' ~ PRINCIPAL
PRESIUE~IT ~ - -
ATTEST SURETY
BY ~j.~. ~_~ Contznental Casualty Company
ATTORNEY-IN-FACT
Mxchael P Whxsenant
The Remdent Agent of the Surety m Denton County. Texas for dehvery of notice and serwce
of the process m
NAME Le~ck, Johnson & inzght Insurance
STREET ADDRESS 100 West 0ak~ Suzte 316~ Texas Bmld~ng, Denton, TX 76201
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporation, gtve a person's name )
22(]}-CONTRACT & BONDS
PB - 4
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY an Illinois corpora~on, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a ConnastJeut corboration, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania
corporation (heraln ogllec~yely =ailed *the CCC Surety Companies"), ara duly organized and existing corporations having their pnnclpal offices In
the C~ of Chicago, and State of Illinois, and that they do by vir[ue of the signature and seals herein affixed hereby make constitute and appoint
M~chssl P Wh~senant~ Bobby/W Bueh~ Individually
of Dallas Texasi
their t~ue and lawful Attomay(e)-[n-Fast with full power and authonty hereby conferred to s gn, ssa and execute for and on thetr behalf bonds
undertakings and other obligatory ~nst~umants of smiler nature
- In Unl[mitsd Amounts -
and to bind them thereby aa fully and to the same extent as if such inst~umento were signed by a duly authorized officar of their corporations and
all ~e acts of ss~d A~omey, pursuant to the au~ortty hereby given ara hereby ratified and confirmed
This Power of Affonley is made and executed pursuant to and by authonty of the By-Laws and Resolutions printed on the raverae hereof
duly adopted, as indl0ated, by the Boards of Dlra~ora of the corporations
In Witness Whereof, the CCC Surety Compamsa have caused these prassnts to be s~gned by their Group Vice Pras~dent and their
corporate seals to be hereto affixed on this 7th day of October 1997
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
Marvin O Cashlon Group Vice President
Stats of IIl~nots, Courity of Will, as
On th~s 7th day of October , 1997 before me pereonally came
Marvin J Csahlon, t9 ma knowll, who, bmng by ma duly sworn did depcaa and say that he rss~dss In the Crty of Chicago, State of Illinms that
he ~e a Group Vice Pras~dent of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed me above instrument that he knows the
seals of said corpor~tlens, that the seals affixed to the said instrument ara such corporate seals, that they were so affixed pursuant to author~
given by the Boards of Direotora of said corporations and that ha signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of asid corporaflon~
My Commission Expires June 5, 2000 E~lsan T Paohuta Notary Pubhc
CERTIFICATE
I, Mary A Ribil',~wekle, As~atant Searatsry 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 here~n
above set forth ~s atlll in tome, end further certify that the By-Law and Rsaelution of the Board of Directors of ssc~ corporation pnntsd on the
reverse hereof are Mill in forca In testimony whereof I have hereunto aubeonbed my name and affixed the seals of the said corporations
th~s ~,T1{'1 dayof ,T11Tl~, , 1998
AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA
Mary A Rib~kawsk~s Ass~ant Secreta~,
(Rev 1011/97)
Authonzlng By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY
Th~s Power of Attorney ~s made and executed pursuant to and by a~thortty of the following By-Law duly adopted by the Board of Directors of
the Company
"Artiofa IX---Execution ef D~umenfa
Sec~on 3 Appointment of Attorney-m-fact The Chairman cf the Beard of Dlra~ors the President or any Executive, Senmr or Group
Vics Prss~dent may, from time to time, app~nt by written csrbfioatos attorneys-m-reef to eof ~n behalf of the Company m the execubon of
policies of insurance bonds undertakings and other obligatory instruments of like nature Such attomeys-ln-faof, subject to the hrnltabone
set forth m their respective certificates of authonty shall have full power to b~nd the Company by their elgnaturs and execu~on of any such
instruments and to attach the seal of the Company thereto The Chairman of the Board of Dira~ors, the President or any Exesut~ve, Semor
or Group Vice President or the Board of D~rsctors may at any brna, revoke all power end authority previously given to any attorney-In-reef
Th~s Power of Attorney IS signed and sealed by facsimile under and by the authonty of the following Reaolution adopted by the Board of
D~reofors of the Company at a mes~ng duly cslled and held on the 17th day of February, 1993
'Reselved, that the s~gnaturs of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by faoalrnlre on any power of attorney granted pursuant fo Section 3 of Article IX of the By-Laws, and the signature of the Secratery or
an Assistant Secretary and the seal of the Company may be affixed by fec~lm~le to any csr~fioate of any -such power and any power or
certificate beanng such facsimile e~gnaturs and seal shall be valid and btnding on the Company Any suoh power ec executed and sealed and
oarbfied by certificate so executed and sealed shall, w~h respect 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
Th~e Power of Attorney ~s made and executed pursuant to and by authonty of the follo~ng By-Law duly adopted by the Board cf Directors of
the Cornpany
"Article Vi--Exeoution of Obligations and Appointment of Attorney-ln.Faot
Section 2 Appointment of Attorney-m-faof The Chairman of the Board of D~ra~ora the Pras~dent or any Executive, Semor or Group
Vioa Pras~dent may from tirne to bme appoint by wntfan csrt3fioates atforneys~n-faot to act ~n behalf of the Company m the exem~on of
pohmes of ~nsurance, bonds undertakings and other obhgatory ~netrurnsnts of I~ke nature Such attomeys..in-fact, subject to the lirn~ations
sst forth In their respective certificates of authority shall have full power to bind the Company by their algnaturs and execution of any such
~netrurnents and to attach the esa~ of the Company thereto The Pras~dent or any Executiva, Semor or Group Vioa Prealdent may at any t3me
revoke all power and authonty prewously given to any attorney-in-fact
Th~e Power of Attorney ~s s~gned and sealed by facsimile under and by the authority of the following Reeolutmn adopted by the Board of
Directors of the Company at a meeting duly oalled and held on the 17th day of February, 1993
~Reaolved, that the s~gnaturs of the President or any Execu~ve Senior or Group Vice President and the seal of the Company rnay be
affixed by facsimile on any power of attomey granted pursuant fo Sec~an 2 of Article VI of the By-Laws, and the signature of the Secretary or
an Aes~stent Secretary and the seal of the Cornpany may be affixed by facsimile to any csrbfioate of any such power and any power or
carbficste boartng such facsimile s~gnaturs and seal shall be valid and b~ndlng on the Company Any euoh power so executed and sealed and
csl~fied by certfficsto se executed and sealed shall, w~th respect to any bond or underbal~ng to whtch it IS atfaehad, continue to be vahd and
b~nding on the Company
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
Thte Power of Attorney is made and executed pursuant to and by authonty of the following Resolution duly adopted on February 17, 1993 by
the Board of D~rsctors of the Company
"RESOLVED That the Prss~dent, an Execufava Vice President, or any Semor or Group Vice President of the Corporabon rnay, from time
to tirne, appoint by wnttsn csrtifioatos, Affomeys-ln-Fact to act m behalf of the Corporation In the execution of po!~clee of msurancs, bonds,
undertakings and other obligatory Inst~urnento of I~ke nature Such Attorney-in-Fact, subject to the limlfatlona set forth In their respective
certificates of authonty shall have fall power to b~nd the Corporabon by their signature and execu~on of any such ~netrurnect and to attach
the seal of the Corporsbon thereto The President an Executive Vice President any Semor or Group Vice Prea~dent or the Board of D~raofors
rnay at any hrne revoke all power and authonty prswous~y g~van to any Attorney-in-Fast
Th~s Power of Attorney is s~gned and sealed by facs~rnlle under and by the authonty of the follo~ng Reaolu~on adopted by the Eoard of
Directors of the Company at a meeting duly oalled and held on the 17th day of February, 1~
' RESOLVED That the s~gneturs of the Prssldent, an Execu~va Vics Prss~dent or any Senior or Group Woe Pra~ident and the seal of
the Corporation may be affixed by facsimile on any power of attorney grantsd pursuant fo the Resolution adopted by this Board of Dlraofors
on February 17, 1993 and the s~gnaturs of a Secretary or an Assistant Se~rstery and the seal of the Corbora~an may be affixed by facsimile
to any csrt~cste of any such power, and any power or certificate besnng euoh facsimile slgnaturs and esel shall be valid and binding on the
Corporation Any such poWer so executed and sealed and csrl~ed by certificate so executed and sealed, shall ~ respect to any bond or
undertaking to which it ~a attached continua to be valid and b~nda~l on the Corporsbon
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance reqmrements below It is highly
recommended that bidders confer with the,r respective ,nsurance carr,ers or brokers
to determine In advance of Bid submission the ava,lability of insurance cert,ficates and
endorsements as prescribed end provided herein If an apparent Iow bidder falls to
comply strictly with the insurance requirements, that bidder may be dlaquahfled from
award of the contract. Upon bid award, a, ,nsurance requirements shall become
contractual obligations which the successful b,dder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
W~thout limiting any of the other obhgat~ons or I~ab~ht~es of the Contractor, the
Contractor shall prowde and maintain until the contracted work has been completed
and accepted by the C,ty of Denton, Owner. the minimum ~nsurance coverage as
~nd~cated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file with the
Purchasing Department satisfactory certlflcams of ,nsurance, containing the b~d
number and title of the prolect. Contractor may, upon wntten request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to b~d
opening, since the ,nsurance reclulrements may not be modified or waived after
opening unless a wn~en 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 pohcles proposed or obtained ~n satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained ~n
comphance w,th these general specifications throughout the duration of the Contract,
or longer, ,f so noted:
· Each pohcy shall be issued by a company authonzed to do bus,ness ~n the
State of Texas with an A.M Best Company rating of at least A
Any deductibles or self-~nsured retentions shall be declared ~n the b~d
proposal. If requested by the C~W, the ~nsurer shall reduce or ehm,nate
such deductibles or self-~nsured retent,ons w~th respect to the C~ty,
Insurance Requirements
Page 2
offlclals, agents, employees and volunteers, or, the contractor shall pr, )cure
a bond guaranteeing payment of losses and related ~nvest~gatlons, :la~m
admlmstrat~on and defense expenses
· Liability policies shall be endorsed to prowde the following
e® Name as additional ~nsured the City of Denton, ~ts Officials, A ~nts,
Employees and volunteers
· · That such insurance is primary to any other insurance available ~ the
add)tlonal insured w~th respect to claims covered under the pol~c'/and
that th~s ~nsurance applies separately to each ~nsured against v,hom
claim ~s made or suit ~s brought The inclusion of more that one
~nsured shall not operate to ,ncrease the ~nsurer's hmlt of I~ab~l~l
· All policies shall be endorsed to prowde thirty(30) days prior written t~ce
of cancellation, non-renewal or reduction ~n coverage
· Should any of the required ~nsurance be provided under a claims nade
form, Contractor shall maintain such coverage continuously througho[ ~t the
term of this contract and, without lapse, for a per~od of three years be yond
the contract expiration, such that occurrences arising during the cor tract
term which give rise to claims made after expiration of the contract shall
be covered
· Should any of the required ~nsurance be prowded under a form of cow )rage
that includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be ~ncluded ~n the general a lnual
aggregate hm~t, the contractor shall either double the occurrence Iir~ [ts or
obtain Owners and Contractors Protective Lmb~l~ty Insurance
· Should any required insurance lapse during the contract term, reques ts for
payments originating after such lapse shall not be processed until th~ C~ty
receives satisfactory evidence of reinstated coverage as required b this
contract, effective as of the lapse date If ~nsurance is not relnstate¢ C~ty
may, at its sole option, terminate this agreement effective on the dte of
the lapse
~oo3so CI - 2
REVISED 10112/94
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance pohc~es proposed or obtained ~n satisfaction of th~s Contract shall
additionally comply with the following marked specifications, and shall be maintained
~n comphance w~th these additional specifications throughout the duration of the
Contract, or longer, if so noted'
IX] A General Liability Insurance:
General Liability ;nsurance with combined single hm~ts of not less than
~shall be prowded and maintained by the contractor The pohcy
shall be written on an occurrence bas~s e~ther ~n a single pohcy or ~n a
combination of underlying and umbrella or excess pohc~es
If the Commercial General L~ablhty form (ISO Form CG 0001 current
edition) ~s used.
a Coverage A shall ~nclude premises, operations, products, and
completed operations, ~ndependent contractors, contractual hab;I;t¥
covering this contract and broad form property damage coverage
a Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Llab;hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ,t shall ~nclude at least
· Bodily injury and Property Damage Llablhty for premises,
operations, products and completed operations, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
a Broad form contractual hab~hty (preferably by endorsement)
covenng this contract, personal injury hab~hty and broad form
property damage I~ab~hty
AAA00350
CI - 3
REVISED 10112/94
Insurance Requirements
Page 4
[X] Automobile Liability Insurance:
Contractor shall prowde Commercial Automobile L~abd~ty ~nsurance w~th
Combined Single L~mlts (CSL) of not less than _~,5_Q.Q,.Q.Q.Q e~ther m a single
pohcy or m a combination of basic and umbrella or excess pohcles The pohcy
will ~nclude bodily ~nlury and property damage hab~hty ansmg out of the
operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with th~s contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
endorsement for
any auto, or
all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
wh;ch, ;n addition to meeting the mimmum statutory requ;rements for issuance
of such insurance, has Employer's L~ab~hty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy hm~t for
OCCUpational disease The City need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all rights of subrogation against the C~ty,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For budding or construct;on prolects, the
Contractor shall comply w~th the prows~ons 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 Liablhty Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability ~nsurance policy naming the C~ty as insured for property
damage and bodily injury which may anse ~n the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAAO0360
CI - 4
REVISED 10112194
Insurance Requirements
Page 5
"occurrence" bas~s, and the pohcy shall be ~ssued by the same ~nsurance
company that carnes the contractor's hab~hty insurance Pohcy I~m~ts w~ll be
at least combined bodily injury and property damage per
occurrence with a aggregate
[ ] Fire Damage Legal L,ability Insurance
Coverage ~s required ~f Broad form General Lmbd;ty ~s not prowded or ~s
unavailable to the contractor or if a contractor leases or rents a port~on of a
City building Limits of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional liability ~nsurance with hm~ts not less than per claim
with respect to negligent acts, errors or omissions ~n connection w~th
professional services ~s required under th~s Agreement
[ ] Builders' Risk Insurance
Builders' R~sk Insurance, on an AII-R;sk form for 100% of the completed value
shall be provided. Such pohcy shall ~nclude as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an mdlwdual basis for extra hazardous
contracts and specific service agreements If such additional ~nsurance ~s
requ.red for a specific contract, that requirement wdl be descnbed ~n the
"Specific Conditions" of the contract specifications
AAA00350
CI- 5
REVISED 10112/84
Insurance Requirements
Page 6
ATTACHMENT I
[ ] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A Defimt~ons
Certificate of coversge ("cert~f~cate")-A copy of a certificate of ;nsurance,
a certificate of authority to self-insure ~ssued 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 prowd~ng serwces on a project, for the
duration of the project
Duration of the project - ~ncludes the time from the beg~nmng 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 ent~tles performing all or part of the serwces 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 Th~s ~nctudes, without hmltatlon,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde serwces on the project
"Serwces" ;nclude, without I,m~tat~on, providing, hauhng, or dehvermg
equipment or materials, or providing labor, transportation, or other serwce
related to a project "Services" does not include actlwtles unrelated to the
prolect, such as food/beverage vendors, office supply dehvenes, and
dehvery of portable toilets
B, The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and flhng 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 prolect, for the duration of the project
AAA00350
.~v,sEo ~o~=~4 CI - 6
Insurance Requirements
Page 7
C The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract
D If the coverage per~od 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, hie a new certificate of coverage w~th
the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person providing serwces on a
project, and prowde to the governmental entity
(1) a cert,flcate of coverage, prior to that person beginning work on the
project, so the governmental entity w~ll have on file certificates of
coverage showing coverage for all persons prowdlng 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, ~f the coverage
penod shown on the current certificate of coverage ends during the
duration of the project
F. The contractor shall reta,n all required certificates of coverage for the
duration of the project and for one year thereafter
G. The contractor shall not,fy the governmental entity m writing by cart,fled
mail or personal delivery, w,th~n 10 days after the contractor knew or
should have known, of any change that mater,ally affects the prov,s~on of
coverage of any person prov,ding serwces on the project.
H The contractor shall post on each project s~te a notice, m the text. form and
manner prescribed by the Texas Workers' Compensat,on Comm~ss,on,
informing all persons prov,ding serwces on the project that they are
requ,red to be covered, and stat,ng how a person may verify coverage and
report lack of coverage
AAA00350
R~WSEO ~0,2~4 CI - 7
Insurance Requirements
Page 8
The contractor shall contractually require each person with whom ~t
contracts to provide serwces on a project, to
(1) prov,de coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401.011 (44) for all of its employees prowdmg serwces 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 prowdmg serwces 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 dunng the
duration of the project,
obtain from each other person w~th whom it contracts, and provide to
the contractor
(a) a certificate of coverage, pnor 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 penod, ~f the coverage period
shown on the current certificate of coverage ends dunng 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 wntlng by certified malt or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the prows~on of coverage of any
person providing serwces on the project, and
AAA00350
CI - 8
REVISED 10112/EI4
Insurance Requirements
Page 9
(7) contractually require each person w~th whom ~t contracts, to perform
as required by paragraphs (1) - (7), w~th the certificates of coverage
to be prowded to the person for whom they are providing servtces
J By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor ~s representing to the governmental entity that
all employees of the contractor wnu w~l~ prowde serwces on the project
be covered by workers' compensation coverage for the duration of the
project, that the coverage wdl be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements w~ll be filed
with the appropriate insurance career or, ~n the case of a self-insured, w~th
the commission's Divis~on of Self-Insurance Regulation Prowdmg false or
misleading information may subject the contractor to administrative
penalties, criminal penaJtles, civil penalties, or other c~wl actions
K. The contractor's failure to comply w~th any of these provisions ~s a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
w~thm ten days after recmpt of not~ce of breach from the governmental
entity
~oo3so CI - 9
REVISED 10112/94
DOCUMENT 00300
BID FORM
SUBMITTED BY BCI Mechanicalt Inc.
(Name of Bidder)
400 E. Oak Street; Denton, Texas 76201
(Address)
Dear S~
The undersigned, having examined the drawings, specifications, related documents, and the sites
of the proposed work, and bern§ fanuhar with all of the conditions surrounding the work,
lncludm§ the avallabih/y of materials and labor, hereby proposes to furmsh all labor, materials,
and eqmpmunt reqmred for HVAC Service Center first floor HVAC replacement m
accordance with the drawmgs and project manual for the lump sum BASE BID amount of
BASE BID Fifty three thousand nine hundred twenty seven and
no/100's ............................. Dollars($ 53t927.00 )
Note Amount shall be shown m both words and figures In case of d~screpancy, the mnount
shown m words shall govern
Note The above amount does not include State of Texas Sales Tax
The undersigned affirms that the above stipulated base bid sum represents the enUre cost per
drawings, speclficauons, and addenda and that no claun will be made on account of any increase
m wage scales, material prices, taxes, insurance, cost indexes, or any other rates affecting the
construction mdnstry and/or this project
Should the undersigned fad to deliver the signed Contract or the required Bonds within the
ten-day period, the Bid security accompunymg tlus Bid will be forfeited to the Owner as
liquidated damages
Alternates The undersigned agrees to the following additions or deductions from the Base Bid
Sum if the listed alternates itemized below are accepted by the Owner Alternate prices include
all varmUons m profit, overhead, bonds, msuranco and sumlar related items, and represent the
total cost tO the Owner for each Alternate
1. Add: $754.00 for factory 2nd - 5th year compressor warranty
2. Add: $4t950.00 for factory mounted economizer with modulating
power exhaust.
Enclosed with this proposal is b~d security m the Sum of Bxd Bond for three thousand
and no/100~s-Dollars($ 3,000.00 )
Tune of completton The undersigned agrees to commence work under tins contract within ten
days of receipt of written Not~ce to Proceed from the Owner, and to substantially complete the
entuce work for the project as follows prior to October 1 r 1998
Addenda The undersigned hereby acknowledges receipt of the followmg addenda to the
Drawings and Spe¢~ficauons, all of the provisions and reqmrements of winch addenda have been
taken into consideration m the preparation of tins Proposal
Addendum No None Dated
Addendum No None Dated
Date ~14/98 S~gned~
TI~e Vice President
Name of Finn BCI Mechanical, Inc.
Orgnmze as a (mark one)
CorporaUon x
Under the law of the St-~ of Texas
Le§aladdress 400 E. Oak Street
Denton, Texas 76201
DaM 5/14/98
Telephone No (940) 565-1010 l~ax (940) 898-1120
If Bid ~s by a corporauon, affix seal above address
END OF BID FORM
FacMg~/Forms/lnstm~on~et~lceCent~ doc
material from charges for labor The contractor is expected to execute a resale cemficate
instead of paying the sale~ tax at the tune of purchase The City of Denton will roue an
exemption eertlficate for the materials as long as they are a part of the fimshed project
If a contractor does not ~ssue a re~ale cort~ficate, then the amount of sales tax must be
included in the prlcas quoted No additlonnl compensatIon, beyond the prices quoted, ~s due
the coniractor for sales tax
Total Labor $ 3f827.00
Total Matermls and Subcontractors $ 50,100.00
16 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
FORM: Unless otherwme reqmred m the Bidding Documents, the Agreement for the Work
w~ll be written on Clt~ of Denton Document, Coolract Agreement, where the bests of
payment is a stlpnlated sum
END OF INSTRUCTIONS TO BIDDERS
ACORD. ~ ................... o~/~/~
"~ THIS CERTIFICATE 1818SUED A8 A MATT=~ OF INFORMATION
,~UC;~ ONLY AND CONFER8 NO RIGHT8 UPON THE CERTIFICATE
~e~ok ~ohnson & ~ght Zn~ HOLDER THIS CERTIFI~TE DOE8 NOT AMEND, EXTEND OR
ALTER THE COVB~GE AFFORDED BY THE POUCIE8 BELOW
O ~ox 516309
DaZlaa ~X q5251-6309 COMPANIES AFFORDING COVE~GE
~o~e ~lltngsw~, ~C A ~.~toan Casu~t~ Co
~.~ N0 9V2-233-985~ ~ 9T2-960-T410
C Continental Casualt~ Co
400 East Oak ,St CO~Y
De~ton ZX ~6201 D Tran~oontinental Ins
INDICATED NO~ITH~T~DIN~ ~ REQUIREMENT TERM OR CONDITION OF ~ CONT~T OR O~ER DOCUMENT WITH RESPECT TO ~ICH THIS
CERTiFI~TE ~Y BE 18~ED OR ~Y PERTAIN THE INSU~CE AFFORDED BY THE POLICtE8 DESCRIBED HEREIN 18 SUBJECT TO AL~ THE TERM8
~ ~v~o B~066249~1 09/01/97 09/01/98
~ ~Zo~e ~ned PR~ER~E
X U~REL~FORM M06624qg~3 09/01/97 09/01/98 A~E~ 2,000,000
~oP~ ~IN~ ~0066249~0 09/01/97 09/01/98 EL~S~ P~ICYLI~T $500,000
A Equ~nt FZo~ ~06625485 09/01/9~ 09/01/98 L/~nted $50,000
Ded $250
~nton, 1ts offl~a~s, g , ~
a~ttonal Ins~
P~ohastng Depb OF ~ KiND U~ COMP~, ~ AGE~ OR ~P~A~O
Denton ][