Loading...
2000-051 ORDIN^NCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWAKING A PUBLIC WORKS CON~T FOR THE CONSTRUC~ON OF ~AC ~NOVATION AT T~ SERVICE CENTER, PROVID~G FOR THE E~ENDI~ OF F~DS THE~FOR, AND PROVID~G AN EFFEC~VE DA~ (BID 2449 - ~OVA~ON OF HVAC AT T~ SERVICE CENTER AWAKED TO BCI ~CHA~CAL, ~C IN THE AMO~T OF $206,800) ~E~AS, ~e C~ty h~ sohmted, ~d received competitive se~ed b~ds for the cons~uct~on of pubhc wor~ or tmprovements m accord~ce w~ ~e pmced~es of STATE law ~d Cx~ ordinates, ~d ~E~AS, the C~ M~ger or a desolated employee h~ received ~d reco~end~ ~at ~e hem~n described bxds ~e the lowest ~spondent for ~e cons~ctxon of the pubhc works or ~mprovemems described m the bxd xnwtatxon, ~d plus ~d spemficat~ons ~ere~n, NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HE.BY O~NS SECTION I TMt ~e following compet~txve sealed bxd for ~e cons~uct~on of pubhc works or ~mprovemenB, ~ described m ~e "Se~ed Bxd Inwtaaons", or plus ~d specxficaaons on file xn ~e Office of ~e C~'s P~c~mg Agent filed according to ~e b~d nmber assxgned hereto, ~e hereby accepted ~d approved ~ being the lowest responsxble b~ds ,BID NUMBER CONT~CTOR AMO~T 2449 BCI Mech~xc~, Inc $206,800 SECTION II That ~e accep~ce ~d approval of ~e above competxuve se~ed bxd shall not constitute a con~act between ~e C~ ~d ~e person subml~ng the b~d for cons~ctlon of such pubhc works o~ improvements herein accepted ~d approved, ~tal such person shall comply with all reqmrem~nts specffied in ~e Notme to Bidders including the timely execution of a ~l~en contract ~d ~shlng of perforce ~d payment bonds, ~d instance cemficate ~er notlfiCmlon of~e awed of the bid SECTION III That the C~V M~ager is hereby authorized m execute fll necess~y written con.acts for ~e peffo~ce of ~e com~ct~on of ~e pubhc works or ~mprovements in ~cord~ce w~th ~e bids ~pt~ ~d approv~ hereto, prowd~ ~t such con~acts ~e mMe in accord~ce m~ ~e Notice to Btdder~ ~d Request for Sefled B~ds, ~d docments relating thereto specl~lng the terms, condltmns, plus ~d spemfications, st~d~ds, qu~tlt~es ~d spemfied sins con~med therein SECTION IV That upon accepmce ~d approval of the above competitive sealed bids ~d the executio~ of con~acts for the pubhc works ~d improvements as authorized hereto, the City Council hereby au~onzes ~e expen&~e or.ds m ~e m~er ~d in the mo~t as specified ~n such approved b~ds ~d gu~on~d con.acts executed p~su~t thereto SECTION V That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the /-~-~ -- day of ~/~, 2000 JACK M~, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB, E~UTY, ~,~TTORNEY BID 2449 - C ONTR~/CTUP~ORD INANC E (2-00) ATTACHMENT #1 TABULATION SHEET B~d# 2449 Date 1/18/00 HVAC RENOVATION@SERVICE CENTER ~,1~;'"['it ~.a.~.T,o, v..Do, w. Do. w.~o. Base B~d $206,800 $297,700 $216,237 I Addendum ~1 YES YES YES 2 Bond YES YES YES 3 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into th~s 15 day of February A D, 2000, by and between City of Denton of the County of Denton and State of Texas, aeUng through Michael W Jez thereunto duly authorized so to do, hereinafter termed "OWNER," and BCI Me¢~hameal, Inc 400 E OOks Street Denton, TX 76201 of the Ctty of Denton , County of Denton and State of Texas , hereinafter termed "CONTRACTOR" WITNESSETH That for and m conslderatton of the payments and agreements hereinafter menttoned, to be made and performed by OWNER, and under the condtttons expressed m the bonds attached hereto, CONTRACTOR hereby agrees wtth OWNER to commence and complete performance of the work spemfied below Bxd 2449 - Renovation of HVAC at the Service Center in the mount of $206,800 and all extra work xn connecnon therewtth, under the terms as statedI m the General Condmons of the agreement, and at hts (or their) own proper cost and expense ~to furmsh all materials, supphes, machinery, eqmpment, tools, superintendence, labor, ntsurance, and other accessories and serwces necessary to complete the work specdied above, tn accordance wtth the condmons and prices stated xn the Proposal and the Performance and Payment Bonds, attached hereto, and m accordance wxth all the General Condttlons of the Agreement, the Specml Condttlons, the Notice to Btdders (Advertisement for Bids), and Instructions to B~dders, as referenced hereto and on file m the office of the Purchasing Agent, and tn accordance wtth the plans, whtch includes all maps, plats, blueprints, and other drawmg~ and prmted or written explanatory matter thereof, CA- 1 and the Specxficatlons therefore, as prepared by Denton Mumclpal Electric and Don Raspante all of wl~ch are referenced herein and 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 ~s 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 superwsion 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 th~s agreement Indemnification Contractor shall and does hereby agree to mdenmlfy and hold harmless the City of Denton from any and all damages, loss, or liability of any kmd whatsoever, by reason of injury to property or third persons occasioned by any error, omission or neghgent act of Contractor, its officers, agents, employees, lnvltees, and other persons for whom it ~s 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 agmnst any and all such clatms 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 m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth m written notice to commence work and complete all work w~thm the ttme stated m the Proposal, subJeCt to such extensions of ttme as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices shown m the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA - 2 INI WITNESS WHEREOF, the parties of these presents have executed th~s agreement ~n the year and day first above written ur d (SEAL) ATTEST (~~~~ CONTRACTOR RC~I ~h~nxcal. Inc. 400 E. Oak Street Denton, Texas 76201 MAILING ADDRESS (940) 565-1010 PHONE NUMBER (940) 898-1120 FAX NUMBER CiTY ATTORNEY f CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attention is directed to the insurance reqmrements below. It ts htgbly recommended that btddqrs confer wtth thetr respectwe insurance carriers or brokers to determine tn advance of Btd s~bmtsston the availability of insurance certtficates and endorsements as prescrtbed and provided herein. If an apparent low bidder fads to comply strictly wtth the msurance requtrements, that bidder may be disqualified from award of the contract Upon bid award, all tnsurancb requirements shall become contractual obhgattons, whwh the successful bidder shall have a duty to matntatn throughout the course of thts contract STANDARD PROVISIONS: Wtthout ltmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor shall provtde and mamtatn unttl the contracted work has been completed and accepted by the City of Denton, Owner, the mtmmum tnsurance coverage as tndtcated heretnafter As soon as practwable after nottficatton of btd award, Contractor shall ftle wtth the Purchasing Department sattsfactory certtficates of tnsurance, contatntng the btd number and tttle of the project Contractor may, upon wrttten request to the PurchastngDepartment, ask for clartficatton of any tnsurance reqmrements at any ttme, however, Contractors are strongly advtsed to make such requests prior to btd opentng, stnce the insurance requtrements may not be modified,or watved after btd opemng unless a wrttten exception has been submttted wtth the btd Contractor shall not commence any work or dehver any material unttl he or she recetves notification that the contract has been accepted, approved, and stgned by the Ctty of Denton All insurance pohctes proposed or obtatned tn sattsfact~on of these requtrements shah comply w~th the,followtng general spectficattons, and shall be mamtatned tn comphance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted · Each pohcy shall be issued by a company authorized to do business an the State of Texas with an A M Best Company ratmg of at least A · Any deductibles or self-insured retentions shall be declared m the b~d proposal If requested by the C~ty, the msurer shall reduce or ehmanate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related lnvestagataons, claim admamstrataon and defense expenses · Lmbfltty pohcaes shall be endorsed to provide the following · . Name as adcht~onal insured the City of Denton, ars Officzals, Agents, Employees and volunteers ** That such insurance is primary to any other insurance avmlable to the additional insured w~th respect to clmms covered under the pohcy and that this msurance apphes separately to each msured against whom clmm is made or stat ~s brought The inclusion of more than one ~nsured shall not operate to increase the insurer's hm~t of habfl~ty · All pohc~es shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". · Should any of the reqtured insurance be prowded under a clmms-made form, Contractor shall maintain such coverage continuously throughout the term of th~s contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term winch give nsc to cloams made after expiration of the contract shall be covered · Should any of the reqmred insurance be prowded under a form of coverage that includes a general annual aggregate hmlt promdlng for claims ~nvest~gat~on or legal defense costs to be included m the general annual aggregate hrmt, the Contractor shall either double the occurrence hrmts or obtmn Owners and Contractors Protective Lmbfl~ty Insurance · Should any reqmred insurance lapse dunng the contract term, requests for payments ongmatmg after such lapse shall not be processed until the C~ty receives satmfactory evidence of reinstated coverage as reqmred by this contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS' All insurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally comply wtth the followmg marked spectficattons, and shall be matntamed tn comphance with these addtttonal spectficattons throughout the duratton of the Contract, or longer, t. f so noted [X] A General Liabdity Insurance: General Lmbfllty insurance w~th combined single hmlts of not less than $1~000~000 shall be promded and mamttuned by the Contractor The pohcy shall be written on ~m occurrence bas~s e~ther m a single policy or in a combination of underl)qng and umbrella or excess pohc~es If the Commercml General Lmb~hty form (ISO Form CG 0001 current edition) is used · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covenng th~s contract and broad form property damage coverage · Coverage B shall mclude personal injury · Coverage C, medical payments, ~s not required If the Comprehensive General Lmb~hty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) m used, ~t shall ~nclude at least · Bodily injury and Property Damage Llabd~ty for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosmn, collapse or underground (XCU) exposures · Broad form contractual hablhty (preferably by endorsement) covenng th~s contract, personal injury liability and broad form property damage hab~hty [X] Automobile L~abillty Insurance: Contractor shall provide Commermal Automobile Llabdlty msurance wRh Combined Single L~mlts (CSL) of not less than $500,000 e~ther ~n a single policy or ~n a combxnatlon of basra and umbrella or excess pohc~es The pohcy w~ll include bodily injury and property damage llab~hty arising out of the operation, maintenance and use of all automobiles and mobile eqmpment used in conjunction w~th this contract Satisfaction of the above reqmrement shall be in the form ofa pohcy endorsement for · any auto, or · all owned, hired and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and malntam Worker's Compensation ~nsurance which, m addition to meetmg the m~mmurn statutory reqmrements for ~ssuance of such ~nsurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm~t for occupational disease The C~ty need not be named as an "Additional Insured" but the ~nsurer shall agree to watve all rights of subrogation agmnst the City, ~ts officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For budding or construction projects, the Contractor shall comply w~th the prows~ons of Attachment 1 in accordance with {}406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensatmn Commission (TWCC) [ ] O~ner's and Contractor's Protective Liability Insurance Th~ Contractor shall obtain, pay for and mmntam at all times dunng the prosecution of the work under fins contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that cames the Contractor's liabllity insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Lmbthty Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are reqmred [ ] Professional Liability Insurance Professional habihty insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Bllflders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided Such pohcy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be reqmred on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is reqmred for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT1 [X] Worker's Compensation Coverage for Braiding or Construction ProJects for Governmental Entities A Defimtlons Certificate of coverage ("certfficate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commlss~on, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation msurance coverage for the person's or entlty's employees promdmg services on a project, for the duration of the project Duration of the project - includes the time from the beglnmng 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 provldmg services on the project ("subcontractor" In §406 096) - ~ncludes all persons or entrees performing all or part &the services the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly with the contractor and regardless of whether that person has employees This includes, without llmxtatlon, independent contractors, subcontractors, leasing companies, motor careers, owner-operators, employees of any such entity, or employees of any entaty wbach furmshes persons to provide services on the project "Servmes" mclude, without limitation, provtdmg, hanlmg, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filmg of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor provldmg services on the project, for the duration of the project C The Contractor must prowde a certfficate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends dunng the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtmn from each person pmvtding servmes on a project, and promde to the governmental entity (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after recetpt by the contractor, a new certificate of coverage showtng extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng the duration of the project F The contractor shall retain all required certfficates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity tn writing by certified mml or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person provtdlng services on the project H The contractor shall post on each project stte a nottce, in the text, form and manner prescribed by the Texas Workers' Compensation Commtsslon, lnformtng all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporttng of classfficatton codes and payroll amounts and filing of any coverage agreements, which meets the statutory reqmrements of Texas Labor Code, Sectton 401 011(44) for all of tts employees providtng services on the project, for the duration of the project, (2) provide to the contractor, prior to that person begmmng work on the project, a certificate of coverage showing that coverage ts betng provided for all employees of the person promdlng services on the project, for the duration of the project, (3) prowde the contractor, prior to the end of the coverage period, a new cemficate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng the duratton of the project, (4) obttun from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends dunng the duration of the project, (5) retina all reqmred certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in wntung by certified mml or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually reqmre each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J By signing this contract or provl&ng or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance earner or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation Providing false or misleachng reformation may subject the contractor to admlmstratlve penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach wlthm ten days after receipt of notice of breach from the governmental entity Bid 2452 - Renovation of HVAC at Service Center =CONTRACT & INS 2-00 Proposal,(BId) Form Time 2 OOpm Date January 18, 2000 To Purchasing Agent City of Denton, Texas 90 I-B Texas Street Denton, Texas 76201 Gentleman The undersigned having examined the Contract Documents entitled HVAC/Renovatlon - Service Center B~d # 2449 And having wstted the s~te of the proposed ¢onstructmn, and having famd,anzed h~mself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposed to lummh all supervision, labor, mat,.rials, cqmpmcnt, tools, and at. ccssones and to and all work m accordance wah smd documents and addenda thereto for the mpulated sum of Two hundred six thousand eight hundredDollars ($206,800.00 ) Total Base Bid Total Mg. terlals Incoroorated into the Prmect $ 1 '17,900 · 00 Total L~bor, Superv~slon and Materials Not Incoroorated into the Prelect $ 88,900.00 Addenda Acknowledge receipt of the following addenda which are part of the bidding Documents by placmg Addendum g, Date issued and initialing Addendum No 1 1 / 1 2 / 2 0 0 0 7'~//'~endum No Addendum No Addendum No The understgned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertam,ng to the work covered by the above bid And, he further agrees to commence work within ten (10) days after the written notice to proceed and to substantially complete the work on which he has bid w,tfun 60 days time Consecutive Calendar days subject to such extensions of time allowed by specl ficatlons The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving b~ds The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the b~ddmg BID GUARANTY: Enclosed,wtth thas Bad as a Cemfied Check for Dollars ($ ) or a Btd Bond tn the sum of Twenty thousand dollors & no/100 -- Dollars($~ wh;ch at Is agreed shall be collected and retained by the Owner as hqmdated damages in the event th~s B~d ~s accepted by the Owner wtthm 90 days after the btds are received and the undersigned fads to execute the Contract and the reqmred Bonds w~th the smd Owner within ten (10) days after the date smd B~d as accepted' otherwtse smd check or bond shall be returned to the undersigned upon demand BCI Mechanxcal. Inc. Contractor (firm name) /~"J~ ' attest an daffixa Autho/ffze~lgnamre / '~'12orporatmn, Corporate Seal) Fr~l~n W. Cunni~ham, Vlce-Presidnet Tttle Address 400 E. Oak Street C,~j, State, Z~p Code Denton, TX 76201 Telephone (940) 565-1010 Fax (940) 898-1120 3AN 12 00 (WED) 07 52 CITY OF DENTON PURCHASING 940 949 7902 PAGE 2/2 ADDENDUM 1 AC 1 AC unit A will not be required, delele from plans Painting/Refinishing 1 Intedor doors will be cleaned -up (sanded and clear coat) and reinstalled 2 Bid includes painting upstairs interior with the exception of ihe kitchen ~ Covomd walls will be pnmod and pa.tled Light flxtums I Light fixture shown as existing In vesbbule near back restroom is not existing, will need to be new fixture 2 Bid as option replacing lighting fixtures instead of cleaning and re-lansing NOTE: Bid is based on Installation of new light f~xtures Ceiling 1 New ceiling height will be to top of windows, (8'6" or 8'7") 2 Ceiling grid replacement Includes wall angles 3 Bldnewceillngtilefqrtralningroom~asanoptlon NOTE: Ada $5,000.00 to 4 Bid 2X4 ceiling Ilia ~ ~ replace ceiling and paint walls wlthln~ the training Mis(:. room 1 Exhaust pipe in storage room will be demolished and capped City offices w~ll be closed Monday, January 17, 2000 for MLK Jr, Hohday Questions regarding this bid should be directed to Katherine Barnett 940-349- 8202 prior to January 14, 2000 at 12 noun NO OTHER CHANGES AT THIS TIME BID OPENING ON JANUARY 18, 2000 AT 2.00PM Th~s form should be signed and returned with your b~d Name' Fr~a_~nklin W. Cunn ham Compal~y B~/~echanlcal, I~. ~ Title' Vice-Pr~dent Date January 18, 2000 NOTE: Bad as based on performlng work durang normal working hours, as discussed wath Ms. Katherine Barnett. 929088671 STATE OF TF.~(A$ § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That BCI Mech~mcal, lac whose address is 400 E O~k Street, D~n_m_~; TX 76201 .... ' hereinafter called Principal, and Cout~.,~r~l Casualty cr.~m.y , a corporation orgamzed and existin$ under the laws of the Stat~ of Texas , and fully authorized to transact business in the State of Texas, as Surety. are held and fL. mly bound ttnto the City of Denton, a mumcipai corporation organized and existing under the laws of the State of Texas, herc,--~er called Owner, m Uhe penal sum of Two Hundred Six Thousand Elliht Hundred and no/,100 DOLLAI~-S ($ 206,800 ) plus ten percellt of the' '.~tated penal sUm as an additional sum of money representing additional court expenses, attorneys' fees, and hqutdated dssrmBes arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texa~, for the payment of which sum well and u-uly to be made. we hereby bind ourselves, our heirs, executors, ad,~m,.t~ators, successors, and assigns, jointly and severally, fizmly 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 tn no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease thc penal sum of this Bond THE OBLIOATION TO PAY SAME ts conditioned as follows 'Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2000-051, with the City of Denton, the Owner, dated the 15 day of February A D 2000, a copy of winch is hereto attached and made a p~ for Bid # 24,$9 - P. enovation .~f PIVAC at thc Se~¥ice Center.. NOW, THBKEFOKE, ff the Principal shall well, truly ~nd fazthfully perform and fulfill all of the undertakmBs, covenants, terms, cond~tions and agreements of said Contract m accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof winch may be granted by the Owner, with or without notice to the Surety, and during the life of any suaranty or warranty required under thxs Con~ract, and shall also well and truly perform and fulfill all the undertakmgs, covenants, terms, conditions and agreements of any and ail duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, If the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appca~ within a period of one (1) yea~ from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully mdemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform borei- and sludl fully reu~burse and repay Owner all outlay a~d expense winch the Owner may incur Jn makm[[ good any default or deficiency, then ttus obhgation shall be void, Otherwise, it shall remain tn full force and effect PB-I PROVIDI~D FURTHER, ~hat if any legal action be filed upon ~lus Bond, exclusive venue shall Im in Denton County, State of Texas AND PROVlDI/D FURTI4~R. that the smd Surety, for value received, hereby stipulates and a~rees ~ no change, extension of tame, alterauon or addition to the term~ of the Contact, or to the Work to be perforated thereunder, or to the Plans, Specificauons, Drawmis, ~c., accompanying the s~ne, shall in anywtse affcct its obhiauon on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or adthtlon to the terms of the Contract, or to the Work to be performed thereunder, or to die Plans, Specifications, Drawm~s, etc This Bond Is glvea pursuant to the provisions of Chapter 2253 of the Texas Govermllent Code, as amended, and any other applicable s~atutes of the Sate of Texas The undersigned and des~nated agent is hereby des~§nated by the Surety herein as the Resident Agent ia Denton County to whom any requisite notices may be dehvcrcd and on whom service of process may be had m matters erismg out of such suretyship, as provided by Ar~acle ? 19-I of gle Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tins umrument is executcd m 4 copies, each onc of which shall be deemed an original, tins the 1~ day of Febmat7 , 2000 ATTEST PRINCIPAL SECRETARY BY PF.F. SIDENT ATTEST SURETY BY ATTORN£¥-II~I-FAC~I' l~h.clmel P. l~u.semmt The Rnsident Agent of the Surety m Denton County, Texas for dehvery of notice and servtcc of the process is, NAME ._ Le~.cke Johnson and En~.cjh~. STRBETADDRF.,SS = ~00 w. Oak S~.r~e~.; Den~con, Texas '7620'1 f/VOTE: Date O/Performance Bond mu~t be date of Contract //Resident/tgent ts not a corpor~ton, gwe a pe~'~on'$ name,) PB - 2 PAYM~ BOND 929088671 STATE OF TEXAS § COUNTY OF DENTON ~ KNOW ALL MEN BY THESE PKESENTS That BCI Mechamcal, Inc., whose address is 400 E Oak Street, p~_t_n.~ TX 76201 ' u-.--:--...~,~....,1led Principal a~ Co~e~n~ntal Casualty Cr,,.?ny . , a comoration orl'"'~-ed and extstlilg under the laws of thc State of Texas ., a fully auth~r~.~d to Wa~act bnstlless m the ~t~ of Texas, as Surety, are held and firmly bound unto tlm City,of D~nton, a munlcipai corporatmu organized and emsnng under the laws of the State of Texas, heremafter called Owner, and uno all person~, funs, and corporauorm who may furmsh materials for, or perform labor upon, the bwldmg or unprovement~ hereinafter ref~rr~i to m th~ ~1 sum of Two ~,,.a.~ S.i~ Thouaand E~O~ Mum~r~ ann no/100 ,DOLLARS '206 ~ m lawful mon~y o-f the United States, to be pard m Denton, County, Texas, for <$ ,. ,S ,) the paymen~ of which sum well and Iruly to be made, we hereby bud ourselves, our he,rs, ex~cutors, sdmmlsl~ators, successors, and asmgn~, ~omtly and severally, firmly by these presems This Bond shall automatically be mcreased by the amount of any Change Order or Supplen~ntal Al;recreant wh,cb mcreases the ConUmct puce, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penn1 sum of this Bond TI4~ OBLIGATION TO PAY SAME zs cond~tzoned as follows Whereas. the Principal entar~d into a ~ortem Contract. zdoutzfied by Ordinance Number 2000-0~1. with the City of D~nton. the Owner. dated the 1~ day of Fcbmar~ A D~.a copy of wluch ts hereto attached and made a part hereof, for B~d 2449 - Renovat~on_-'~"HVAC at th~ Serytcx! Center. NOW. THEREFORE. ff the Principal shall well. truly and faithfully perform zts dunes and make prompt payment to all persons, firms, subcoutractors, corporaUons and claimants supplying labor and/or mater~l .n the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made. noz~ce Of which modifications to the Surety being hereby expressly waived, then tlus obhgauon shall be void. otherwise it shall remain m full force and effect PROVIDED FURTHER. that ~f any legal acuon be filed on ttus Bond. exclusive venue shall h* m Denton County. Texas AND PROVIDED FURTHER. that the smd Surety. for value rece,ved, hereby stipulates and agrees that no chan~e, extensmn of tune. alteration or ad¢ltciou to the terms of the Contract. or to the Work to be performed thereunder, or to t~e Plans. Speczficauons. Drawings. ere. aceompanym$ the same. shall tn anywise affect ~ts obhgat~on on ehl. Bond. and tt do~s hereby waive notice of any such change, extenmon of tm~e. alteration or addition to the tetras of the Contract. or to the Work to be performed ehcretmder, or to the Plans. Spec~fiCatzons. Drawmss. etc PB-3 This Bond ts gtven pursuant to the provimons of Chapter 2253 of the Texas Government Code, as amended, and any other npphcable statutes of the State of Texas The undersisned and degt[pmted agent ts hereby deszgnat~d by thc Surety herein as the Resideat Agent m Dmaon County m whom any requ,~tte nouces may be dehvered and on whom service of process may be had In matters arzsing out of such suretyship, as provided by Amcle ? 19-1 of the Im~ance Code, Vernon's Annotated Czvzl Statutes of the State of Texas IN WITNESS WHI~,OP, this mstrumnnt ts executed m ~ cop,es, each one of wh,ch shall be deemed an 0ngmnl, this the ~15 day of February, 2000 ATTEST: PRINCIPAL BY PRESIDENT ATTEST, SURETY ~.~ ~~_~/ Cont~nenta~l. C~ualty, Co~pm~y~_ . f ATTOKN~y.nw. FACT '- t. ttchael P. Wh.~senant The Res,dent Agent of the $~trety in Denton County, Texas for dehvcry of notice and servtc¢ of the process ~s. NAME Le~ck, Johnson and Knight ~TREETADDRF~$ 100 w. Oak Street; Denton, TX 76201 (NOT~. Date of Payment Bond mu~t be date of Contract If Restdent Agent is not a corporatton, gtve a p~rson's name ) PB - 4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men BY These Preeent~, Ttmt CONTINENTAL CASUALTY COMPANY, an Ilhnois corpor~bon, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, s Conneo~out corpomt~nn, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (here~n eallecflvely called "'{he CCC Surety Companies"). are duly organ[zed and e~ng corporations having their pnno~pal offices ~n the City of Chleago, end State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, consfltu~ and appoint M~chsal P Whis~InsntI Bobb;/W Bush, Indi~dcall)' of Dallas~ Texas[ their true and lawful Attorney(si-in-Fast with full power and authonty hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of a~milar nature - In Unlimited Amounts - and to b~nd them thereby as fully and to the same extent se if ouch instruments were s~gned by a duly authorized offiear of their corpora~ons and all the sots of said Attorney. pumuant to the authority hereby given are hereby ratified and confirmed This Power of ~ttomey is made and exsoutod pursuant to and by authonty of the By-Laws and Rsaolubons pnntad on the reverse hereof, duly adopted, as ~ndlcatad, by the Beards of Directors of the ~orpomaons In Witness Whereof, the CCC Surety Companies have caused these pmesnts to be signed by their Group Vice President and their corporate seals to be hereto affixed on th~s 7th day of October 1997 AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Ma~n ~ CesSion ~p Viea Pras~da~ State of Illinois, County of Will, ss On this 7th day of October , 1997 before me personally came Marvmn J Csahion, to me known, who, bemg by me duly sworn, did depeae and say that he resides in the C~y of Chleago, State of Illinois, that he ~e a Group Vise President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA dso~rlbed tn and which executed the above inat~ument that he knows the seals of said corporations, that the seals affixed to the saidllnatrument are such corporate seals, that they were so affixed pursuant to authonty given by the Beardslof Directors of said corporations and that he signed his name thereto pursuant to like authorfcy, and acknowledges same to be the act and dsodlof said corporations My Commlssmn Exptms June 5, 2000 Eilesn T Pachuta Notary Public CERTIFICATE I, Mary A R~bil~wslea, Assistant Ssoretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPA.NY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby oertlfy that the Power of Attomey nereln above set fol/h ~s st~ll in fores, and further ear~ that the By-Law and Resolution of the Board of DlroCtora of each corporatmn pnntsd on the reverse hereof are Still in fome In testimony whereof I have hereunto subecnbed my name and affixed the seals of the sa~d corporations AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A Rib~kawskis Assistant Ssoretary (Rev 1011197) Authonzlng By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY Th~s Power of Attorney ~s made and executed pumuant to and by authority of the follow~ng By-Low duly adopted by the Board of Directors of the Company "Article IX--Execution of Documents Secbon 3 Appointment of Attorney-in-fact The Chairman of the Board of D~rectors the Preekient or any Exsoutive, Semor or Group Vice President may from time to time, appoint by written cert~fioatea attomeys-~n-fect to act in behalf of the Company ~n the exsoution of peli=~es of Inaumnce bonds undertakings and other obligatory matrumenfa of like nature Such attorneys-~n.fact, subject to the hmdations eat forth ~n their respective cerbfioatas of authonty, shall have tull power to b~nd the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The Chairmen of the Board of D~rectore, the Prss~dent or any Exsoubve, Semor or Group Vice President or the Board of Directors, may, st any time, revoke all power and authority previously g~ven to any attorney-in-fact ' This Power of Aflorney is signed and sealed by facsimile under and by the authority of the follow~ng Resolution adopted by the Board of D~rectors ofthe Company ata meating duly called and held on the 17th day of February 1993 "Resolved that the s~gnaturs of the Prss~dent er any Exsout~va, Senior or Group Vice Preokient and the seal of the Company may be affixed by face~m~le on any power of attorney granted pursuant to Se~on 3 of A~ole IX of the By-Laws, and the a~gnature of the Secretary or an Assistant Secretary and the eaal of the Company may be affixed by facsimile to any oarbfioata of any such power and any power or certificate beanng such face,mile s~gnature and seal shall be vahd and binding on the Company Any ecoh power so executed and sealed and certified by cedaficeta so executed and sealed shall w~h respect to any bond or undertaking to which ~t ts attached, continue to be valki end binding on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA This Power of Attorney is made and executed pursuant to and by authority of the followng By-Law duly adopted by the Scerd of Directors of the Company "Article Vl---Exe=uflon of Obligations and Appointment of Attorneydn.Fact Sa~on 2 Appointment of Attorney-~n-fact The Chairman of the Board of D~rsotore, the President or any Exec~va, Sen~or or Group Vice President may, from time to time appoint by written oarbfloatea attorneys-In-fact to act ~n behalf of the Company ~n the execution of poholea of ~naurenoa, bonds undertalangs and other obhgatory ~natrumsofa of I~ke nat~rs Such attornays-~n-fact, subject to the IIm~atmns set forth In their respective cert~fioatea of authority, shall have tull power to b~nd the Company by their srgnatura and exso~on of any such ~natrumenta and to attach the seal of the Company thereto The Prea~dent or any Executive, Sen~or or Group Vice President may at any hmo revoke all power and authorTb/prewously given to any attorney-m-fact Th~s Power of Attorney ~s s~gned and sealed by face~mlle under and by the authority of the fallowing Reaolut;on adopted by the Board of D~rectore of the Company at a meeting duly celled and held on the 17th day of February, 1993 "Reaoived that the s;gnature of the Preskiont or any Exso~va, Semor or Group Vice Preakient and the eaal of the Company may be affixed by facsimile on any power of attorney granted pumuant to Section 2 of Ar~ole VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by faoa~mrle to any cert~ceta of any such power and any power or certificate beanng such face~m;le s~gnatura and seal sharl be valid and b~nd;ng on tho Company Any ecoh power so exe~ufad and scaled and certified by cert~ficete so executed and sealed sharl w~ respect to any bond er undertaking to which ~ is attached continue to be valid and b~nd~ng on the Company ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Afforcey ts made and executed pursuant to and by authonty of the follow~ng Resolution duly adopted on February 17 1993 by the Board of D~rectors of the Company RESOLVED That the President, an Executive Vice President, or any Semor or Group Vice President of the Corporaaon may, from time to time, appoint, by written certificates Attomeyo-~n-Fact to act ~n behalf of the Corporation in the execution of policies of insurance, bonds, undertakings end other obhgatory insti'umento of hke nature Such Attorney-in-Fact subject to the I~mltaflone eat forth In their reapsotlva oarlffioatec of authority, shall have full power to bind the Corporation by their signature and execution of any such Instrument and to attach the seal of the Corporation thereto The Prss~dent an Execubve Vice Preakient, any Samor or Group Vioa Prsokient or the Board of Directors may at any time revoke all power and author~ prewously gNen to any Attorney-in-Fact. Th~s Power of Attorney is s~gnad and sealed by facsimile under and by the authority of the followng Resolution adopted by the Board of D~rsotors of the Company at a meeting duly called and held on the 17th day of February, 1993 "RESOLVED That the s~gnaturs of the Prea~dent an Executive Vice President or any Semor or Group Vioa Prss~dent and tl~ seal of the Corparetion may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of D~rectore on February 17, 1993 end the s~gnature of a Secrstary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any cert~ceto of any such power and any power or certificate beanng such facsimile signature end seal shall be valid and b~nding on the Corporsbon Any such power so executed and sealed and certified by certificate so executed and sealed shall w~th respect to any bond or undertaking to which d~ ~e attached, continue to be vahd and b~ndlng on the Corporation" ~ ' c~R Cw o3/a1/oo ACORO. CERTIFICATE OI LIABILITY INSURANCE.ci _i DATE,..DD ) THIS CERTIFICATE iS iSSUED AS A MATTER OF INFORMATION "RODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lesck, Johnson & Knsght Ins HOLDER THiSCERTIFICATEDOESNOTAMEND, EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O Box 516309 Dallas TX 75251-6309 COMPANIES AFFORDiNG COVERAGE COMPANY Jo¥ce Rollsngsworth, CIC A ~a~erlcan Casualty Co PhoneNo 972-233-9855 F.xNo 972--960--7410 INSURED COMPANY B Transportatson Insurance Co COMPANY C Contsnental Casualty Co BCI Mechanical, 400 East Oak St COMPANY Denton TX 76201 D Transcontinental Ins Company COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITION8 OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED B~PAIO CLAIMS __ -- - -- POLICY EFPECTIVEIPOLICY EXPIRATION LIMITS CO ~YPE OF INSURANCE POLICY NUMBER DATE (ME~DD~Y) DATE (MM~DD~} LTR GENERAL AGGREGATE $ 2 ~ 000, 000 GENERAL LIABILITY A ~-COMMERCIALGENERALLIABIUTY C706624972 09/01/99 09/01/00 PRODUCTS COMP/OPAGG $2t000~000 I CLAIMBMADE r~ Occur PERSONAL&ADVINJURY $It 000~000 OWNERI B & CONTRACTOR~ B PROT EACH OCCURRENCE $ i i 00~0 t 000 -- FIRE DAMAGE (Any one E~e) $ 50 ~ 000 --' MED EXP (Any one person) $ 5 ! 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500 i 000 C ~ ANYAUTO 30&906624971 09/0[/99 09/01/00 ALL OWNED AUTOS ~ODILY INJURY --- (Per person) SCHEDULED AUTOS -- -- ~ HIRED AUTOS $ BODILY INJURY --- (Per a~ident) X NON OWNEDAUTOS PROPER~f DAMAGE AUTO ONLY EA ACCIDENT $ GARAGE L[ABIUTY -- OTHER THAN AUTO ONLY ANY AUTO -- -- EACH ACCIDENT $ -- AGGREGATE $ EACH OCCURRENCE $ 2,000,000 EXCESS LIABILITY ~ UMBRELLA FORM A5066247973 09/01/99 09/01/00 AGGREGATE $2,000,000 B I OIHER THAN OMERELLA FORM - WC STATU OTH WORKERS COMPENSATION AND I T(~Ry LIMITS I X EMPLOYERS LIABILITY EL EACH ACCIDENT $ 500 ~ 000_ D FHEPROPRIETOR/ [~ INCL WC006624970 09/01/99 09/01/00 ELDIBEABE POLICY LIMIT $ 500 , 000 PARTNERS/EXECUTIVE~--~ ELOISEASE EAEMPLOYEE $ 500f000 OFFICERS ARE EXCL OTHER A Property Se~tson C706624972 09/01/99 09/01/00 A Equspment Floater C706624972 09/01/99 I 09/01/00 Rented $50,000 DESCRIPTION OF OPERATION.eJlLOCATIONSNEH[CLESIBPECIAL ITEMS C ty of Denton, its officials~ agents, employees and volunteers are shown as a~dstion.l 'rnsured, s Sasd ~ol~cles shallnot b, canoeiied,non-re~newe~h~r s actvanced wrstten notice give to aatersaiiy, c~e~g.ed ~thou~ 30 ?aj~.... ~..~.ii ~or non-payment of remsum, ~5~// owner~Cst¥)excDpu_wnen p,o~lcy~-- -rz-_-_~ :i~;-:.y.-.e~ re~,sred- -- P ~ \~ CERTIFICATE HOLDER~ CANCELLATION ~ \% ,,'\. ~, C Cat of' Denton 30 DAYS WRITTEN NOTICE TO THE CFRTIFICATE HO£~R NAMED TO THE ~E~ A Attn Tom Shaw BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATIO~N O\~LIAB~LIT~ 100 West Oak #208 AUTHORIZEDREPRESENTATIVE ~' Denton TX 76201 ACORD 25 S (1/95) ~/~~~