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) ~/~~~