1997-151 ORDINANCE NO ~/]-/~7
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has sohclted, received and tabulated competmve bids for the
construction of pubhc 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 herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTIOhL.I That the following competitive b~ds for the construction of public works or
improvements, as described m the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
BIUMBER COiNTR ACTOR AMOI. Jlx~T
2049 BCI MECHANICAL, INC $94,350 00
SECIiO122I That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SEGIiOB!JiI That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
w~th the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
con&t~ons, plans and specifications, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above compet~tlve b~ds and the
execution of contracts for the pubhc works and tmprovements as authorxzed here~n, the Cxty Council
hereby authorizes the expenditure of funds m the manner and m the mount as specified m such
approved b~ds and authorxzed contracts executed pursuant thereto
SECIlOBI~ That thxs ordinance shall become effectxve xmmedmtely upon its passage and
approval
PASSED AND APPROVED this the ~t..~ day of ~ ,1997
U
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE JUNE 3, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2049 -- HVAC RENOVATION AND EQUIPMENT REPLACEMENT
CENTRAL LIBRARY, CITY HALL WEST AND VISUAL ARTS COMPLEX
RECOMIVIENI}ATION. We recommend this bid be awarded to the lowest bidder, BCI Mechanical, Inc
~n the total amount of $94,350 00
SUMMARY. Th~s b~d ~s for the HVAC Renovation and Replacement at the Central Library, City Hall
West and V~sual Arts Complex Included in the award are
· Project 1 - Emdy Fowler Library - Removal of a 30 year old single-zone air handhng unit and
replace wxth a new multi-zone high efficiency mr handling umt, interface of controls, reconneetion
of chilled and heated water systems, reconnectlon of duct work and electrical revisions
· Project 2 - City Hall West - Remove ex~stmg 45 ton chiller and replace with a new 60 ton chiller,
reaonnect chdled and heated water supply, upgrade electrical circuits and HVAC controls
· ProJect 3 - V~sual Arts Complex - Remove two old heat pump units and replace with new similar
equxpment, reconnect as required, renovate thermostats and controls
Alternate 1 - Replacement of chiller at Central Library is not recommended for award at this time
pROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED. Employees and patrons of the three
facilities and Facflmes Management Dxvmon
F~?~.L]MP~ Funds are available from one time construction project account numbers
457-032-BLDG-9702-9101 $25,282 00
457-032-BLDG-9703-9101 $41,625 00
457-032-BLDG-9709-9101 $21,828 00
245-032-DMC1-9323-9101 $ 5:615.0Q
Total Award $94,350 00
Attachments Tabulation Sheet
Respectfully submitted
Kath .y~.ose0
Executive Director of Finance
Approved,
Name Tom D Shaw, C P M
Title Purchasing Agent
878 AGENDA
3
BID # 2049
t CBS BCI Federal
BID NAME llVAC RENOVATION & EQPT Mechanical Mechanical Mechanical
REPLACEMENT Systems
OPEN DATE MAY 20, 1997
D~C~Xt~n VEnUO~ _ v~o~r_ __ VEnDOr
~ BID $69,700 00 $4~,_150 00 $64,400 00
ALT//1 (LIBRARY) $60~,475 00 $61,300 00 $111,200 00~
$54,32500 ~$34,000 00 _ $36,100 00~l
$22,550 00 $15~,200 00 $21,600 00
BOND~ y_e~ yes
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 3 day of
J~ A.D., 19 97 , by and between
CITY OF D~TPON
of the County of DENTON and State of Texas, acting
through TED RRNA%r/DE S
thereunto duly authorized so to do, hereinafter termed "OWNER," and
BCI ~CHANICAL~ INC.
400 EAST OAK STREET
DENTON ~ TX 76201
of the City of DE,EtON , County of DE~rrON
and State of TKxAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below.
BID 2049 -HVACRENOVATIONANDEQUIPMENT~EPLACEMENTCENTRALLIBRARY, CITY
HALL WESTANDVISUALARTSCOMPLEX
In the amount of $94r350.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, Insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated In the
Proposal 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 Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
CA - i
accordance with the plans, which includes all maps, plats,
blueprints, and other drawings and printed or written explanatory
matter thereof, and the SpecifIcations therefore, as prepared by'
CITY OF DENTON F~T?.TTIES DEP&RTNENT
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 independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
~atlon
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of ln]ury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, lnvltees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for 1ts construction and enforcement shall lie in
the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, sub3ect to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be sub3ect to the General.and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written
ATTEST: ~
~_~_~. ~ %~_~ CITY OF DENTON
OWNER
(SEAL)
ATTEST:
400 E. Oak Street
Dentont Texas 76201
MAILING ADDRESS
(940) 565-1010
PHONE NUMBER
(940) 898-1120
FAX NUMBER
aTnk~lln Vice P~ent
Fr W. Cunnlngham
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
Clty ~%ttorney /
AAA0184D
Rev. 04/05/96
CA - 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That BCI~CHANICAL~ INC.
, of the City of DENTON
County of D~TTON , and State of T~xaS
as PRINCIPAL, and Universal Surety of America
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the 'rH~CITYOF DENTON
as OWNER, in the penal sum of NINTYFOURTHOUSANDT~/~EHUNDRED FIFTY
and Noel00 ...... Dollars ($ 94r350.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 3 day of J~NE ,
19 97, for the construction of BID # 2049 -HVACRENOVATIONANDEQUiPMENT
REPLAC~4~NT CENTI~AL LIB~%RY~ CITY NAT.T. WEST AND VISUAL a~ COMPLEX
whlch contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provlslons to the same extent as
if they were copied at length herein
PB - 1
Surety, for value received, stipulates
and
agrees
that
no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the ter~s of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this $~b day of June
1997 ·
BCI MECHANICAL, INC. UNIVERSAL SURETY OF AMERICA
Principal Surety
Title ~ . Title Attorney-in-fact
Address: Address.
400 East Oak Street 5440 Harvest Hill, Suite 172
Denton~ Texas 76201 Dallas, Texas 75230
(SEAL) ~
The name and address of the Resldent Agent o~
Lelck( Johnson & Knlqht Insurance
12660 Colt Road~ Suite 200, Dallas, Texas 75251
AAA0184D
Rev. 04/05/96
PB - 4
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That BCIM~C~%NICAL. INC.
of the City of DENTON
County of DENTON , and the State of T~AS ,
as principal, and Universal Surety of America
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE~ITYOF DENTON , OWNER, in the penal sum of
NINTYFOURTHOUSANDTHREEHUNDRED FIFTY and no/lOODollars ($ 94~350.00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, admlnlstrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 3 day of J~NE
19 97
BID ~ 2049 -HVACRENOVATIONANDEQUIPMENTREPLACEMENTCENTRALLIBRARy~ CITY
HALL WE~T AND VISUAL ARTS COMPLEX
to Whlch contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OELIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect,
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all lIabIlities on th~s bond shall be
determined in accordance with said provisions to the same extent as
If they were copied at length herein.
PB - 3
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the te~ms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said PrIncipal and Surety have signed
and sealed this instrument this 5th day of June ,
19 ~7
BCI MECHANICAL, INC. UNIVERSAL SURETY OF AMERICA
Principal, Surety
,.J
Address: Address:
400 Eas~ Oak Street 5440 Harvest Hill, Suite 172
Dentonr Texas 76201 Dallas~ T~a~ 75230
(SEAL)
The name and address of the Resident Agent o~ -~ ~.y lS:
Lelck. Johnson & Knight Insurance
12660 Colt Road~ Suite 200, Dallas, Texas 75251
NOTE: Date of Bond must not be prior to date of Contract.
AAAO184D
Rev 04/0~/96
PB - 2
UNIVERSAL SU. RETY OF AMERICA
~ ~. ~.~7 P O BOX 1068 Houston, Texas 77251-1068
~ow All M~ by ~o~ ~ts, ~t ~ S~ OF ~ICA, a co~oratmn duly orgamzed ~d ex~stmg ~r the laws of
~ StYe of Text, md Ming as pmctp~ office m HousW~ To~, ~es by ~ese presents m~e, comnmte ~d appoint
Joyee Ho~ngsworth
tts ~e ~d law~l A~o~y(s)-m Fach w~& ~1 pow~ ~ a~hon~ bemby co~e~d m ~ts ~e, p~ce ~d stea~ m ~ecme, ~owl~ge ~d
~hver ~nds for
Obligee. C~F of Denton, TX
Amount $94,350 ~
~d to brad ~e comply ~by ~ ~lly ~ m ~ ~e oxt~t as xf smh ~n~ were m~ed by ~e ~emdent, ~aled w~ ~e ~o~te ~al of~e
comply ~d duly a~med by ~ se~t~, h~by mt~g ~ con~g a~ ~t ~ ~d A~omey(s)-m-F~t my ~ ~ t~ above stated
l~lmtmns Sa~d a~om~t ~s ~ ~r ~ by au~onF of~o follo~g msoluuon a~pt~ by ~e Bo~ of D~tors of Umv~l S~e~ of
~erma at a meeting held on ~ 11~ ~y of July, 1984
"Be It Re~lved, ~ ~0 ~m~t, ~d ~y V~oo ~m~nh S~ ~ ~y A~t Secm~ ~11 ~ ~d ~s bemby ves~d w~th ~11 pow~
~ authon~ m a~omt ~ one or mom ramble p~m ~ A~om~(s)-m-F~t m r~pre~nt ~d ~t for md on behalf of ~e Comply
' ~SOL~D that ~e st~ of ~y offi~r of ~ co.o~lo~ ~ ~o ~ of ~e co~mU~n.ma~ ~e ~Wmed or ~mted by ~he to ~y
power of a6o~y of&e co~orat~on, ~d ~t mob p~ed f~smho m~ ~d seal s~li De vano ~a nmmg upon me co.emu
In Witness Whereof, Universal Surety of America h~s caused these presents to be signed by its President, John Knox, Jr and
corporate seal to be hereto affixed this 30th day of September, A.D., 1996
UNIVERSAL SURETY OF AMERICA
Count~ of ltarrls
On this 30th day of September, in the year of 1~)6, before me Rhonda Kay Wflke, a notary public, personally appeared John Knox, Jr,
personally known to be the person who executed the within instrument ae President, on behalf of the corporation therein named and
acknowledged to me that the ~orpormlon executed it
~ the unders~gn~l ~cmmry of Umvemal Surety of Ammca, hcrebj ceflt fy that the above ~d.. forego .rog ~s a full, tmon.and ~rreet copy of the
Original Power of Attorney tssued by smd Company, and do h*r~by further eert~fy that tl~ ~uu rower el Anomey ~s mu m mxect
OlVENundormyhand~dthesealofsa~d¢ompany, atHon~ton, Texas, thte 5TH dayof JUNE ,19 97
l~or venficatmn &the authorfly of tlns power you may telephon~ (713) 7224600
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It ~s highly
recommended that bidders confer with their respective ~nsurance carriers or brokers
to determine in advance of Bid submission the avadablhty of insurance certificates and
endorsements as prescribed and provided herren If an apparent Iow bidder falls to
comply strictly with the insurance requirements, that bidder may be d~squahfled from
award of the contract Upon bid award, all insurance requirements shall become
contractual obligations which the successful b~dder shall have a duty to maintain
throughout the course of th;s contract
STANDARD PROVISIONS:
W~thout i~m~t~ng any of the other obhgat~ons or imb~ht~es of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
Ind~cated hereinafter
As soon as practicable after notification of bid award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of insurance, containing the b~d
number and t~tle of the project Contractor may, upon wntten request to the
Purchasing Department, ask for clanflcatlon of any ~nsurance requirements at any
t~me, however, Contractors are strongly adwsed to make such requests prior to b~d
opening, s~nce the ~nsurance requirements may not be modified or waived after b~d
opemng unless a wntten 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 s~gned by the C~ty of Denton
All ~nsurance policies proposed or obtained ~n satisfaction of these requirements shall
comply w~th 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 ~ssued by a company authonzed to do bus~ness ~n the
State of Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared m the b~d
proposal If requested by the City, the insurer shall reduce or ehmmate
such deductibles or self-insured retentions w~th respect to the C~ty, ~ts
AAA00350
REVI8ED 10112194 Gl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related ~nvest~gat~ons, claim
adm~mstrat~on and defense expenses
· Lmb~hty pohc~es shall be endorsed to prowde the following
· · Name as additional ~nsured the City of Denton, its Offlcmls, Agents,
Employees and volunteers
· · That such msurance ~s primary to any other ~nsurance available to the
additional msured w~th respect to claims covered under the pohcy and
that th~s insurance apphes separately to each msured against whom
claim ~s made or su~t ~s brought The ~nclus~on of more than one
~nsured shall not operate to ~ncrease the msurer's hm~t of hab~hty
· All pohc~es shall be endorsed to provide thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction ~n coverage
· Should any of the required ~nsurance be provided under a claims-made
form, Contractor shall maintain such coverage contmuously 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 arming durmg the contract
term which g~ve r~se to claims made after expiration of the contract shall
be covered
· Should any of the required msurance be prowded under a form of coverage
that ~ncludes a general annual aggregate hm~t prowdmg for claims
mvest~gat~on or legal defense costs to be ~ncluded ~n the general annual
aggregate hmlt, the contractor shall e~ther double the occurrence hm~ts or
obtam Owners and Contractors Protective L~ab~hty Insurance
· Should any required ~nsurance lapse dunng the contract term, requests for
payments originating after such lapse shall not be processed until the C~ty
receives satisfactory ewdence of reinstated coverage as required by th~s
contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty
may, at its sole option, terminate th~s agreement effective on the date of
the lapse
AAA00350
2
REVISED 10/12/94
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance policies proposed or obtained ~n satisfaction of th~s Contract shall
additionally comply w~th the following marked specifications, and shall be maintained
~n comphance w~th these additional specifications throughout the duration of the
Contract, or longer, ~f so noted
[X] A, General Lmb,hty Insurance
General L~ab~hty ~nsurance w~th combined single hm~ts of not less than
~ 1,000.000 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 Llab~ht¥ form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall ~nclude premises, operations, products, and
completed operations, independent contractors, contractual hab~hty
covenng th~s contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General L~ab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall include at least
· Bodily inJury and Property Damage L~ab~hty for premises,
operations, products and completed operations, ~ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual I~ab~hty (preferably by endorsement)
covenng th~s contract, personal ~njury hab~hty and broad form
property damage hab~hty
AAA00350
3
REVISED 10112194
Insurance Requirements
Page 4
IX] Automobile Lmb,l,ty Insurance
Contractor shall prowde Commercml Automobile L~ab~l~ty ~nsurance w~th
Combined Single L~m~ts (CSL) of not less than $500.000 e~ther ~n a single
policy or m a combination of basic and umbrella or excess pohc~es The pohc¥
will ~nclude bodily ~njury and property damage I~ab~hty ans~ng out of the
operation, maintenance and use of all automobiles and mobile equipment used
~n conjunction w~th th~s contract
Satisfaction of the above requirement shall be m the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, ~n addition to meeting the m~n~mum statutory requirements for ~ssuance
of such ~nsurance, 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 I~m~t for
occupational d~sease The C~ty need not be named as an "Additional Insured"
but the ~nsurer shall agree to waive all nghts of subrogation against the C~ty,
~ts officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply w~th the prows~ons of Attachment 1 m 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 Llabd~ty Insurance
The Contractor shall obtain, pay for and maintain at all t~mes during the
prosecution of the work under th~s contract, an Owner's and Contractor's
Protective L~ab~hty insurance pohcy naming the C~ty as ~nsured for property
damage and bodily ~njury which may anse ~n the prosecution of the work or
contractor's operations under th~s contract Coverage shall be on an
AAA00350
REVISED 10/12194
Insurance Requirements
Page 5
"occurrence" bas~s, and the pohcy shall be ~ssued by the same ~nsurance
company that carries the contractor's habd~ty ~nsurance Pohcy hm~ts w~ll be
at least combined bodily ~nlury and property damage per
occurrence w~th a aggregate
[ ] Fire Damage Legal Llablhty Insurance
Coverage is required ~f Broad form General L~ab~hty ~s not prowded or ~s
unavailable to the contractor or ~f a contractor leases or rents a port,on of a
City building L;m~ts of not less than each occurrence are required
[ ] Professional L,ab,l,ty Insurance
Professional hab~hty insurance w~th hm~ts not less than per claim
with respect to neghgent acts, errors or omissions m connection w~th
professional services is required under this Agreement
[ ] Builders' R~sk Insurance
Budders' R~sk Insurance, on an AIl-R~sk form for 100% of the completed value
shall be prowded Such pohcy shall ~nclude as "Named Insured" the C~ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an md~wdual bas~s for extra hazardous
contracts and specific serwce agreements If such additional insurance ~s
required for a spemflc contract, that requirement w~ll be described m the
"Specific Conditions" of the contract specifications
AAA00350
REVISED 10112194 C~" 5
Insurance Requirements
Page 6
ATTACHMENT I
[ ] Worker's Compensation Coverage for Bulld,ng or Construction Projects for
Governmental Ent,t~es
A Deflmtlons
Cert;flcate of coverage ("cert~flcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-~nsure ~ssued by the comm;ss~on, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entlty's employees prowdlng serwces on a project, for the
durat;on of the project
Duration of the project - ~ncludes the t~me from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons prowd~ng serwces on the project ("subcontractor" m §406 096) -
~ncludes all persons or ent~tms 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
carriers, owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to prowde serwces on the project
"Serwces" ~nclude, w~thout hm~tat~on, prowdmg, hauhng, or dehvermg
equipment or materials, or providing labor, transportation, or other serwce
related to a project "Serwces" does not ~nclude act~wt~es unrelated to the
project, such as food/beverage vendors, office supply dehverles, and
delivery of portable to~lets
B The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and fihng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor prowd~ng services
on the project, for the duratmn of the project
AAAO0350
6
REVISED 10112/94
Insurance Requirements
Page 7
C. The Contractor must prowde 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 dunng the duration of the project, the contractor must, prior
to the end of the coverage per~od, file a new certificate of coverage w~th
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, pnor to that person beginning work on the
project, so the governmental entity wHI have on file certificates of
coverage showing coverage for all persons prowdmg 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
per~od 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 project and for one year thereafter
G. The contractor shall not~fy the governmental entity ~n writing by certified
ma~l or personal dehvery, w~th~n 10 days after the contractor knew or
should have known, of any change that mater~ally affects the prows~on of
coverage of any person prowd~ng serwces on the project
H. The contractor shall post on each project s~te a not~ce, ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
~nformmg all persons prowd~ng serwces on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AAA00350
REVISED 10/12/94 Cl - 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) prowde coverage, based on proper reporting of classification codes
and payroll amounts and fll~ng of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of ~ts employees prowdlng serwces on the project,
for the duration of the project,
(2) prowde to the contractor, prior to that person beginning 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, ~f the coverage
per~od 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 prowde to
the contractor
(a) a certificate of coverage, prior to the other person begmmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage per~od, ~f the coverage per~od
shown on the current certificate of coverage ends during the
duration of the project,
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified ma~l or personal
dehvery, w~thm 10 days after the person knew or should have known,
of any change that mater~ally affects the prows~on of coverage of any
person providing serwces on the project, and
AAAO0350
REVISED 10/12/94 CI - 8
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 services
J By s~gnmg th~s contract or prowdmg or causing to be prowded a certificate
of coverage, the contractor ~s representing to the governmental entity that
all employees of the contractor who wdl prowde serwces on the project w~ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage wtll be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements w~ll be filed
w~th the appropriate ~nsurance carrmr or, ~n the case of a self-~nsured, w~th
the commission's D~v~s~on of Self-Insurance Regulation Prowdmg false or
m~sleadmg ~nformat~on may subject the contractor to adm~mstrat~ve
penalties, criminal penalties, c~wl penalties, or other c~wl actions
K The contractor's failure to comply w~th any of these prows~ons ~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
within ten days after receipt of not~ce of breach from the governmental
entity
AAA00350
9
REVISED I 0/12/~4
DOCUMENT 00300
BID FORM
SUBMIq~FED BY BCI Mechanical, Inc.
(Name of Bidder)
400 East Oak Street; Denton, TX 76201
(Address)
Dear Sir
The undersigned, having examined the drawings, specifications, related documents, and the sstes
of the proposed work, and being fanuhar with all of the conditions surrounding the work,
including the availability of materials and labor, hereby proposes to fiirmsb all labor, materials,
and equipment required for IIVAC Renovation at Emily Fowler Library m accordance with
[he drawings and project manual for the hnnp sum BASE BID amount of
BASE BID Forty-five thousand one hundred fxfty & NO/100 .....
Dollars ($ 45,150.00 .)
Note Amount shall be shown in both words and figures In case of discrepancy, the amount
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 entire cost per
drawings, specifications, and addenda and that no clann will be made on account of any increase
m wage scales, material prices, taxes, insurance, cost indexes, or any other rates affecting the
construction industry and/or tlus project
Should the undersigned fall to deliver the signed Contract or the required Bonds within the
ten-day period, the Bid security accompanying this Bid will be forfeited to the Owner as
liquidated damages
Alternates The onderslgned agrees to Ihe following addmons or deductions from the Base Bid
Sum if the listed alternates itemized below are accepted by the Owner Alternate prices include
all varmtlons m profit, overhead, bonds, insurance and sm~flar related items, and represent the
total cost to the Owner for each Alternate
Alternate No. I Base Bid (at the L, brary) plus the addition of an air cooled ch,lief including
all assocmted controls, power, p,pmg, etc, as stated m specifications, and plans ME1
Sixty-,one thousand three hundred & no/100 .....................
Dollars ($ 61 t300.00 )
Alternate No 2 City Hall West equ,pment as staled m spec, ficat~ons and plans ME2
Thirty-four thousand & no/100 .................................
($34,000.00)
Alternate No 3. Center for V,sual Arts eqmpment as sm,ed m speclficat,ons and plans ME3
Fifteen thousand two hundred dollars & no/100 ...................
Dollars ($ 15,200,00 )
Enclosed wttb this proposal ,s b,d security m the St,m of Twenty thousand dollars
& n0/100 Dollars ($ 20t000.00 ) Bxd bond 5% GAB
T, me of completion The undersigned agrees to commence work under th,s contract within ten
days of rece,pt of written Not,ce to Proceed from tile Owner, and to subs,an,rally complete the
entire work for the project as follows pr,or to 150 days
Addenda The undersigned hereby acknowledges rece,pt of the following addenda to the
Drawings and Spectficat~ons, all of tile provls,ons and reqmre,ncnts of winch addenda have been
taken into conslderat,on m the preparation of tills Proposal
Addendum No t~nn,~ Dated
Addendum No Dated
Date May 20, 1997
Title Vice-Pr
NameofFlrm BCI ~echanxcalr Inc. (817) 565-1010
400 E. Oak St.; Denton, TX 76201
Organize as a. (mark one)
Proprietorslup
Partnership
Corporation xx
Under the law of the State of Texas
Leg~ address' 400 E. Oak Street
Denton, TX 76201
Date May 20t 1997
Telephone No (817) 565-1010 Fax (8170 898-1120
If Bid Is by a corporation, affix seal above address
END OF BID FORM
ACORD CERTIFICATE OF LIABILITY INSURANCE~%"~_1 OATE,MM=~
o6/o5/9~
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
~.eick Johnson & Knight TnB HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTENDOR
P O Box 516309 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Dallas TZ 75251-6309 COMPANIES AFFORDING COVERAGE
Joyee Hollingewo=*th, CIC COMPANY
Ph0neNo 972-233-9~11.~5 F~Ne, 97:~'960-7~3,0 A Transcont~.nental Ins Company*
INSURED COMPANY
B Am~rioan Casualty Co
SCI Mechanlcal,Znc C Continental Casualty Co
400 East Oak St COMPANY
Denton TX 76201 D
COVERAGES
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS
' '09/01/96 I
I GENERAL LIAB~MTY GENERALAGGREGATE S 2 ~ 000, 000
XTM COMMERCIALGENERALLIAEIMTY A706624972 09/01/97 PRODUCTS COMPIOPAGG '$ 1, 000, 000
· t -7 ---- CLAIMS MADE [~ OCCURIPERSONAL&ADVINJURYS 1,000,000
COMBINED SINGLE LIMIT I $ 500, 000
C X__, ANY AUTO BUAg06624971 I 09/01/96 09/01/97
I~X~HIRED AuTOs I BODILY INJURY
B1034913875 09/01/96 09/01/97 (Per accident) Ii $
~lployea O~ed PROPERTY DAMAGE I S
/ Autos
I ! EACH ACCIDENT I $
EXCESS LIABILIT~ EACH OCCURRENCE ~ $ 2,000 · 000
B X ' UMBRELLA FORM A5066247973 I 09/01/96 09/01/97 AGGREGATE S 2, 000 # 000
' x I rORYL,M,TS i I°~." !
I EMPLOYERS LIASIMTY I~ :iclL EL EACR ACCIDENT I$ S00,000
C THE PROPRIETOR/ WC006634970 09/01/96 09/01/9'7 ELOIEEASE POL[CYLIMIT iS 500,000
OFFICEREARE ELDISEASE EAEMPLOYEE IS 500, 000
A ' Equipt Floater I A206625485 09/01/96 09/01/97 Owned Eql3 $100 dad
[ L/Rented $100 dad
DESCRIPTION OF OPEEATIONS/L0CATIONE/VEHICLESISPEClAL ITEMS
Job HVAC Renovations & ec~uipment- replace Central Libra.fy, Clit7 Hall West
& Visual Arts co[~p~ex Bid-#2D49 City O~ Denton~ its off,cia s, agents·
employees and vo&unteers are shown as additional xnsure~s
CERTIFICATE HOLDER CANCELLATION
RECr ~,~ SHOULD ANY OF THE ABOVE DEED.BED POLICIES BE CANCELLED BEFORE THE
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
City of Denton BUTFAILURETOMAILSUCHNOTICESHALLIMPOSSNOOBMGATIONORLIAB[LI~
Purchasing Dept
100 West oa~ #20s JUN 06 1997 OFANYKINDUP~I~COMPANY, ITSAG~ITSORREPR~SENTATIVE'
AUTHORiEEO~S~'RES~TATIVE[ / ~a," /
Den:on TX 76201
c0 - Y
~ACORD CORPORATION ~98,
ACORD 26 S(t'95) DEV E LO P,v, = i~ T