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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