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Home My WebLink About1995-035ORDINANCE NO. 7 J `O AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1710 SUN COMMERCIAL ROOFING $103,977.00 1710 J & J ROOFING $273,042.00 1716 PREMIER EQUIPN.i.NT SMVICES $ 66,600.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ?/Qday of VA& ,1995. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 0 APPROVED AS TO LEGAL FORM: MICRAEL A. BUCEK, ACTING CITY ATTORNEY BY: DATE: FEBRUARY 21, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1710 - REROOFING OF MULTIPLE FACILITIES RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for each facility. The Senior Center, Denia and North Lakes Recreation Centers shall be awarded to Sun Commercial Roofing, in the total amount of $103, 977.00. The Morrison's area of DMC, the Civic Center and Visual Arts Buildings shall be awarded to J & J Roofing, in the total amount of $273, 042.00. The total expenditure for these projects will be $377.019.00. SUMMARY: This bid is for all labor and materials necessary in replacing the above mentioned roofs. The replacement of these roofs is a budgeted expenditure in the 1994-95 Facilities Management Budget. The reroofing projects require a two year warranty from the contractors for workmanship and a fifteen year warranty from the manufacturer on materials. Notices to bid were mailed to 17 vendors, with 13 attending the Mandatory Pre -Bid Meeting. We received 7 bid proposals from contractors in response to this bid. BACKGROUND: Tabulation Sheet, Memorandum from Bruce Henington dated February 9, 1995. FISCAL IMPACT: Funds for this project will come from budgeted roof maintenance and repair funds for 1995 with a balance of $422,000.00. espect ll mitt 121 Lloyd V . Harrell City Manager Prepared By: Name: Denise Harpool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 569.AGENOA z 2 ■ 8 § 2 U. o § B z m z c§ z z a S 2 % K k 0) � ad 0 §§§§)/o w k ® _ Lu § q ; C.)� ; o 0LU ' DO § § ; g § g _ w 0 M 2 8 8 8 G 2 § § ® o k k § k 0 § w 0 0_ 0 m § ( I ; @ Le) § m co @ 2 > _ # a _ LU w g q S 8 8 8 § $ k k§ 0 0 k - k K ° k > w 2 w d\ z z E k k � 44 § $ 0 % 2 e § 2\ k k k k k R M §° k k k w a o X 8 S S _ o ¢ = 2 $ m m z � � z z 2 _ _ ) - � ; 2 k w 2 c o m a o/ ° LL P; o- m== m m m z§ k � k)\ k k k § U. 2 W m m m== m o E _ LU 2 Z # z z J LLI - m m 0 % 02-10-95AG8:23 ItCVD CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM TO: Denise Harpool, Senior Buyer FROM: Bruce Henington, Facilities Manager DATE: February 9, 1995 SUBJECT: Roof Bid # 1710 The Facilities Management staff accepts the following bids: FACILITY BID PRICE BIDDER DMC (Morrison's roof) $105,297.00 J&J Roofing Senior Center (old roof) 18,411.00 Sun Commercial Roof Denia Recreation Center 42,783.00 Sun Commercial Roof North Lakes Recreation Center 42,783.00 Sun Commercial Roof Civic Center 112,685.00 J&J Roofing Visual Arts Center 55,060.00 J&J Roofing TOTAL $377,019.00 we have checked all of the listed references for both of these bidders and received an overall good rating on both bidders. Please take the following contracts to City Council and notify me of that date. J&J Roofing $273,042 Sun Commercial $103,977 If you have any questions call me at extension 8134. Bruce enington, C. M. 1842.FM CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 21 day of FEBRUARY A.D., 19 95, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through L.LOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and J & J ROOFING AND SHEET METAL, INC. 211 LAWNVIEW DALLAS TEXAS 75227 of the City of DALLAs , County of DALLAS and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1710 - REROOFING AT MULTIPLE FACILITIES in the amount of $27-1,042_00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ARMKO INDUSTRIES INC_ all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CHARLES WILSON APPROVED AS TO FORM: 4�N ec' X, e-11-f City Attorney AAA0184D Rev. 07/28/94 CA - 3 1taff241 J & J ROOFING AND SHEET METAL, INC. C RAC OR 5211 LAWNVIEW AVENUE DALLAS, TEXAS 75227 MAILING ADDRESS (214) 381-1131 PHONE NUMBER (214) 381-1193 FAX NUMBER BY PRESIDENT TITLE DON FERGUSON PRINTED NAME \\ttI11111111f1!/// SEAL �. �`\ ''- �'n; �PORgr� F d.gg�qq ?r= �n� PERFORM?.NNCE BOND STATE OF TEXAS 5 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That J & J ROOFING IASD S,-L: ='T C of the City of DAI.IAS . County of a , and state of 2=Ag as PRINCIPAL, and Universal Surety of America as SURETv, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound +lnto the E CITY of DEdTON as 047N , in the penal sera of RUNDRED sEV�rrrr TMME TEFOUS ND Foy ro and no/loo— ----- - ----- rcllars ($ 273,042.00 ) for the payment whereof, the said principal and surety bind themselves, and their heirs, administrators, executors, successors and: assigns, jointly and severally, bby these presents: '"TYE?. .$, the Pr='pal has entered into a C_nrta_r! .. . -�-; - iviL�Bn C0ntrwGt xltn +the OV7N_ ,Y . da t e d �.2_ th_ e ' daV of FMRGne2Y' c ac fOL- the COnSti :;CtiOi; Of 3ID 1710 - R',RW_=mG AT MULTIPLE FACILITIES which contract is hereby referred t0 and made a part s7ercOi as fully and to the same e.�.tent as if copied at length herein, NOW, THEIR —7F ORE, the condit2o4l of this obligation IS siac'-, t at if the said pri-:C1pal shall faithfully per_Torm said contract and shalt: in all respects, conditions aP.•.a._dgr2enent5 in and bV Said cor,�=act agreed and covenanted by the Principal to be observed and Pe --formed, and asccrdjnc to the true intent and neaning 0; said Contract and the Plans and Specifications hereto annexed then obl_gation shall be Void; otherwise to m , en this re...alri 1n 'fL:il -FO_ce and erect; PROVIDED, HOPITRVER, t_at this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon as currently amended), and all liabilities 1 i ni � ..,,,eS On .._S bond C�'1d Shalt be deter mined in accordance with said provisions to the same ex,e t as if t_^_ey were copied at le-gth herein. PE - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton county, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terns of the contract, or to the work performed thereunder, or the plans, sneCifications, or drawings accompanying: the same, shall in an-7 v wav affect its obligation or. this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WE'EREOF, the said Principal and Surety have signed and sealed this instrument this 1st day of March i 9.95 ,T & J Roofing'..and Sheet Metal Inc. Principal By — Title -ddx`ss; 5211 Lawnview Universal Surety of America Surety mitig Sam R. Kimmell Attornev-in-fact '_dcres5:�440 Harvest.Hill; Suite 172 p,Da.L TX 75227 Dallas. Texas 7523 � la S/1 p'aZPOFtgp Tha��"'r4$QnllliWle``Z"dress of t-ne Resident Agent of Surety is:° William W. Georoe & Associates ---Inc. 7557 Ramhlar Rna StP SDO Dallas TX 757�1 N M E: hate of Bond must not be prior to date of Contract. a»olaID Rev. 07/21E/94 PB - 2 PAYMENT PQND STATE OF TEXAS COUNTY OF DENTON § 10TOW ALL MEN BY THESE PRESENTS: That SRn rear,. rsC. of the City of County of DALLAS , and the State of TEXxn as principal, and Universal Surety of America authorized under the laws of the State of Texas to act as, surety on bonds for princ?nals, a e held and firmly bound unto CITY OF DMr-'Czv , OWNER7,0 in the penal sun Of T"R3t7?�t,RED S&Jir*P X T� �IIs.�FORTY TW and nDollars or the payment whereof, the said Principal and Suretv bind themselves and their hei�"'S, administrators, executors, Successors and ass igr_s, iointly and severaliv, by these presents: �NHEREAS, the Principal has entered into a certain Written con tract with ovner, dated the CIaV Of _ Za2 T�Rv 31L A 1110 rVZRoo= �yYV AT -MTIPLC. FACT yTIES o which contract is he-reby referred to and made a paru new2of as fully and to the same extent as if copied at length herein. NOW, THEE- 'FORE, =E CONDITION ^ T IS OBLIGATION. IS Sa-- that _ri ;r�� if the. said nc_:-' p� shall ay a,1 claimants Supplying laocr and material to him O-- '. subcontractor in the �rOS2ClltlOn of won{ mrovidec2 =cr in said le contract, then this obligation_ shall be void, otherwise to retain in full force and effect; PP,Oti.iD=D, HOWE = , that this bond is executed nursuant t0 the provisions of the Texas Government Code, Chanter 2253 (Vernon, as c4 rrently amended) , and all liabilities on this bond shall be dete=ined in accordance with said provisions to the same extent as 1f they were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WIIEE�-OF, the said Principal and Surety have signed and sealed this instrument this ..1st day of March 95 J & J Roofing and Sheet Metal, Inc. P-rincioal By—lki-4-&LA 1� . Title -zddr=ss: 5211 Lawnview Dallas, Texas 75227 urouua,;,, *U SF/"'''>, G�tPORq��, r •,n; Universal Surety of America surety Title Sam R. Kimmell,Attorney-in-fact Address: 5440 Harvest Hill; Ste 172 {S U) e :: and � =Ss C-f she Resident Agent of Surety .is; 111111111110%% William W. Geor=e & Associates 7557 Rambler Road, Ste. 500• Dallas, TX 75231 A -2-6,A01a SD Rev. 07/28/94 MAINTENANCE BOND KNOW ALL tilEN BY THESE PRESENTS: That J & J Roofing and Sheet Metal Inc. as Princioai and Universal Suretv of America .as Surety, are held and firmly bound unto Citv of Denton as obligee, in the full and just sum of Two Hundred Seventy Three Thousand FortyTwH011ars (S 273,042.0 , lawful money of the united States, to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their and each of t' eir h-Irs, executors, administrators, suc�,ssors and assigns, jointly and severally, ftrmiy by ^ese presents. WHEREAS, The Pr_nc ai has entered into a written contract cared February 21, 1995vitn _e obligee for Re -roofing at Multiple Facilities Citv of Denton, Denton, T% and WHEREAS, said cor.ract provices hat princiI wit furnish a bond cordit;creC' :o a,larantee for the cer c� of one year afro- approval Of L e estimate on said job, tv owner, against all defects Ln workmars:lc materials which may become = parent during said period. NOtiV, THEREFORE, THE COv�ITION OF THIS OBLIGATION IS SUCH that, if the Principal shall Indemni;v he Obligee for all loss that the Obliaez- may sustain by reason of defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void, otherwise to remain in full force a^.d effect. Signed, sealed and dated Marcn 1 1999 J & J Roof: and Sheet Metal, Inc. Universal Surety of America (Sure, Aitcrney—in—Fact San R. Kimmell 03-01-1995 10:45 214 980 9464 UNIVERSAL SURETY OF AMERICA P.02/02 lk mil= UNIVERSAL SURETY OF AMERICANXIMM UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY amdNamba TX 0907699 00 Know All Men by These Prments, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal orrice in Houston. Texas, does by these presents make, constitute and appoint Sam R. xirslmOl its true and lawful Attorneys) -in -Fact, with full power and attdmrity hereby confer in its name, place and stead, to execute, acknowledge and deliver bonds for. Prinelpal: J & J hoofing and Sheet.Vetal, Inc. Obligee: The City of Denton, Texas Amount: $273,042.00 and to bind the company thereby as fully and to the satire extent as if such bonds were signed by the president, waked with the corporate seal of the company and duly attested by its socretaty, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the above stated limitations. Said appointment is made under and by authority of the followW resolution adopted by the Roard of nucleus of Universal Surety of America at a meeting held on the I Ith day of July. 1994. "Be It Resolved, that the President, and aazr'ryty Vice President, Secretary or any Atsiaumt Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitble persans as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." "RESOI,VED that the signat= of any officer of the corporation, and the seal of the corporation may be affixed or printed by facgimwe to any power of anorney of the corporation, and that such 7r,.ed fecsimilie signature and seal shall be valid and binding upon the corporation." In Witness Whereof; universal Surety of America has caused these presents to he signed by its Preaident, John Knox, Jr. and its coroorate seal to be hereto affixed this 7tb dap of January, A.D., Lo93. o State of Taxes County of Harris UNIVERSAL SURETY OF AMERICA J LR. Jr, or President On this 7th day of January, in the year of 1993, before nit Angela P. Daigle a notary public, personally appeared John Knox, Jr., personally known to be the person who executed the withits instrument U President, an behalf M the corporatlon therein named surd acknowledged to me that the corporation t=tcuted it, I, the undersigned Secretary of Universal Su _ty of America. hereby certify that the above and foregoing is a full, true and corer t copy of the Original Power of Atrniroy issued by said Company, and do hereby further certify thai the said Paws of Attorney is still in affect. GIVEN under my hard and the seal of said company, at Houston, Texas, this AST day of March 19 95) Secretary For verification of the authority of this power you may telephone (713) 722 46M. NIVERSAL SURETY OF AMERICA CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 1 PART 1 - GENERAL INSTRUCTIONS 1.1 QUALIFICATIONS FOR BIDDING: To qualify for bidding, each contractor is required to obtain a copy of the Bid Invitation, Proposal, General Instructions, Materials, Execution, Drawings, Contract Documents, and attend the Pre -Bid Conference on Tuesday, January 17, 1995, at 10:00 AM, at City of Denton Purchasing Department Conference Room, located at 901-B Texas Street, Denton, TX. 1.2 INSURANCE: 1.2.1 Insurance Requirements for Contractors: Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. a. Standard Provisions: 1) Without limiting any of the other obligations or liabilities of the contractor, the contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. 2) As soon as practicable after notification of bid award, contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 2 1.2.1 a. 3) All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the contract, or longer, if so noted: i. Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. ii. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate 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 investigations, claim administration and defense expenses. iii. Liability policies shall be endorsed to provide the following: a) Name as additional insured the City of Denton, its officials, agents, employees and volunteers. b) That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. iv. All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non -renewal or reduction in coverage. v. Should any of the required insurance be provided under a claims -made form, contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, •such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 3 1.2.1 a. 3) vi. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. vii. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. 1.2.2 Specific Additional Insurance Requirements: All insurance policies proposed or obtained in satisfaction of this contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the contract, or longer, if so noted: a. General Liability Insurance: General Liability insurance with combined single limits of not less than $2,000,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. 1) If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. ii. Coverage B shall include personal injury. iii. Coverage C, medical payments, is not required. 2) If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 4 1.2.2 a. 2) i. Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. ii. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. b. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: 1) any auto, or 2) all owned, hired and non -owned autos. c. Workers Compensation Insurance: Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured", but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and Rule 28TAC 1 10.1 10 of the Texas Worker's Compensation Commission (TWCC). BID NO. 1710 BID #1710 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX NAME OF BIDDER: J & J ROOFING AND SHEET METAL, INC. DATE: JANUARY 31, 1995 MS. DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76201 Dear Ms. Harpool: PAGE 1 OF 8 The undersigned, in compliance with your advertisement for Bids for Reroofing on certain areas of the following buildings: Area "H" of Denton Municipal Complex, Senior Center (Levels 1 and 2) Denia Recreation Center, North Lakes Recreation Center, Civic Center and Visual Arts Building have examined the Drawings and Specifications, together with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents with the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of $ LUMP SUM OF MAXIMUM BID five percent (5%) of the bid. (or we) acknowledge receipt of he following addenda: ADDENDA #1: 1-20-95 (Initial) ADDENDA #2: 1-27-95 (Initial) ADDENDA #3: (Initial) BID #1710 PAGE 2 OF 8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX NOTICE TO BIDDERS BID #1710 Sealed proposals addressed to the City of Denton, Purchasing Department, 901-BTexas Street, Denton, TX 76201 will be received at the office of the Purchasing Agent until 2:00 P.M., Tuesday, January 31, 1995, for Reroofing Area "H" of Denton Municipal Complex, Senior Center (Levels 1 and 2), Denia Recreation Center, North Lakes Recreation Center, Civic Center and Visual Arts Building, located in Denton, TX. There will be a mandatory prebid conference on Tuesday, January 17, 1995, at 10:00 A.M. in the Purchasing Department Conference Room located at 901-B Texas Street. Bid Specifications will be distributed to qualified prospective bidders at that time. The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and after the date of the bid opening. No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in any contract with the City of Denton. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton, Texas projects. CITY OF DENTON, TEXAS Tom D. Shaw, CPM Purchasing Agent This advertisement to run on BID #1710 PAGE 3 OF 8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for Project #31941123and Conditions for Reroofing work, and having examined the premises and circumstances affecting the work, ;he undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said reroofing for the following area: BASE BID NO. 1 - AREA "H" OF DENTON MUNICIPAL COMPLEX ONE HUNDRED FIVE THOUSAND TWO HUNDRED NINETY SEVEN DOLLARS $105,297.00 MATERIALSFIFTY EIGHT THOUSAND THREE HUNDRED FORTY THREE$ 58,343.00 DOLLARS LABOR FORTY SIX THOUSAND NINE HUNDRED FIFTY FOUR $ 46,954.00 DOLLARS TOTAL ONE HUNDRED FIVE THOUSAND TWO HUNDRED NINETY $105,297.00 SEVEN DOLLARS BASE BID NO. 2 - SENIOR CENTER (LEVELS 1 AND 2) TWENTY TWO THOUSAND FOUR HUNDRED FORTY DOLLARS $22,440.00 MATERIALS FOURTEEN THOUSAND THREE HUNDRED THIRTY DOLLARS $ 14,330.00 LABOR EIGHT THOUSAND ONE HUNDRED TEN DOLLARS $ 8,110.00 TOTAL TWENTY TWO THOUSAND FOUR HUNDRED FORTY DOLLARS$ 22,440.00 BASE BID NO. 3 - DENIA RECREATION CENTER FORTY FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT $ 45,388.00 MATERIALS TWENTY FIVE THOUSAND SIX HUNDRED SEVENTY FIVE $ 25,675.00 DOLLARS LABOR NINETEEN THOUSAND SEVEN HUNDRED THIRTEEN DOLLQ 19,713.00 TOTAL FORTY FIVE THOUSAND THREE HUNDRED gTcHTy Kran$ 45,388.00 DOLLARS BID #1710 PAGE 4 OF 8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX BASE BID NO. 4 - NORTH LAKES RECREATION CENTER FORTY FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT DOLLARS $ 45,388.00 MATERIALS TWENTY FIVE THOUSAND SIX HUNDRED SEVENTY FIVE$ 25,675.00 DOLLARS LABOR NINETEEN THOUSAND SEVEN HUNDRED THIRTEEN DOUA;t� 19,713.00 TOTAL FORTY FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT DOLLARS BASE BID NO. 5 - CIVIC CENTER 45,388.00 ONE HUNDRED TWELVE THOUSAND SIX HUNDRED EIGHTY FIVE DOLLARS 8112,685.00 MATERIALS SIXTY THREE THOUSAND DOLLARS_ _ $ 63,000.00 LABOR FORTY NINE THOUSAND SIX HUNDRED EIGHTY FIVE $ 49,685.00 DOLLARS TOTAL ONE HUNDRED TWELVE THOUSAND SIX HUNDRED EIGHT$'112,685.00 FIVE DOLLARS BASE BID NO. 6 - VISUAL ARTS BUILDING FIFTY FIVE THOUSAND SIXTY DOLLARS 55,060.00 MATERIALS THIRTY TWO THOUSAND EIGHT HUNDRED TEN DOLLARS$ 32,810.00 LABOR TOTAL LUMP SUM BID: TWENTY TWO THOUSAND TWO HUNDRED FIFTY DOLLARS$ 22,250.00 FIFTY FIVE THOUSAND SIXTY DOLLARS THREE HUNDRED EIGHTY THOUSAND DOLLARS 55,060.00 380,000.00 MATERIALS TWO HUNDRED SEVENTEEN THOUSAND DOLLARS $217,000.00 LABOR ONE HUNDRED SIXTY THREE THOUSAND DOLLARS $163,000.00 TOTAL THREE HUNDRED EIGHTY THOUSAND DOLLARS $380,000.00 BID #1710 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX UNIT PRICE PROPOSAL: Remova and replace damaged metal decking: $ 4.00 per square foot. 2. Remove and replace deteriorated nailers: $ 2.00 per linear foot. PAGE 5OF8 3. Additional cost over and above the contract amount for replacing wet polyurethane insulation: $ 4.00 per square foot. 4. Additional cost over and above the contract amount for replacing wet fill material: $ 6.00 per inch per square foot. 5. Install four inch (4") roof drain: $1,000-00ach. 6. Install four inch (4") cast iron drain line complete with all connections, elbows, etc.: $ 40.00 per linear foot. 7. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: $25.00 additional cost per man per hour. QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's company name of materials being bid on. Coal -Tar Elastomeric Membrane (CTEM): HYLOAD Base Sheet: MANVILLE Insulation: MANVILLE Felt: MANVILLE Bitumen: MANVILLE BID #1710 PAGE 6 OF 8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX Contractor shall submit and/or answer the following: 1. Bidder shall submit dc--umentation with their proposal to indicate their specific qualifications to perform the specified work, including, but not limited to, all public entities in the State of Texas where said company has worked. Contractor Initial 2. Within the last five years, has legal action, including but not limited to, deceptive trade practices suits, been taken against your company failure to perform work properly or for not completing a project? Yes No 3. Within the last five years, has your organization or any officer/partner of your organization ever been do officer/partner of an organization that failed to complete a construction contract? Yes NoJZ. If so, attach a separate sheet of explanation. 4. Within the last five years, has your organization ony officer/partner of your organization filed for bankruptcy? Yes No 1r aIf so, attach a separate sheet of explanation. 5. Attach an AIA Document No. A305 with a separate sheet with all references including all public entities. Include contact name and telephone numbers for each and every reference. 6. Include an audited company financial statement. EXAMINATION OF SITE: 3. By signing the Proposal Form, contractor acknowledges he or an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND. The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: BID #1710 PAGE 7 OF 8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX If a contractor is awarded the project, project must be completed within the following working days per roof area (totaling ninety-three (93) days) or contractor will be subject to liquidated damages as se: forth below. Area "H" of Denton Municipal Complex 20 working days Senior Center (Levels 1 and 2) 10 working days Denia Recreation Center 10 working days North Lakes Recreation Center 10 working days Civic Center 25 working days Visual Arcs Building 18 working days A working day is defined as a calendar day, not including Saturdays, Sundays, or legal holidays, in which weather or other conditions not under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M. For every Saturday on which the company chooses to work, one day will be charged against the working time when weather conditions will permit seven (7) hours of work as delineated above. A principal unit of work shall be that unit which controls the completion time of the agreement. Nothing in this item shall be construed as prohibiting the company from working on Saturdays if it so desires. If Sunday work is permitted by the Owner, time will be charged on the same basis as weekdays. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE.CITY OF DENTON DIRECTOR OF MAINTENANCE'S OFFICE. The undersigned agrees that the Owner may retain the sum of ONE HUNDRED DOLLARS ($100.00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the Owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. Payment will be made to the contractor within thirty (30) days after receipt of written acceptance of project completion from the Owner's representative, contractor's invoice, and all written warranties from both contractor and manufacturer. BID#1710 PAGE 8OF8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX I (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. SEAL (If by Corporation) Indicate if: ( 1 Partnership (Title) 5211 LAWNVIEW (Address) DALLAS, TEXAS 75227 $x) Corporation ( ► Sole Owner If a partnership, list names and addresses of partners: If corporation, indicate state in which corporation was organized and is existing: Principal Stockholders: (Name and Address) Don Ferguson 5211 Tawnvipw Dallas, Texas 75997 SALES TAX Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the City of Denton which separates charges for material from charges for labor. The contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales tax. A. Total Labor ...................................... g 166,425.00 B. Total Materials .................................... $219,833.00 BID NO. 1710 A001 1/o CERTIFICATE OF INSURANCE CSR GIs DATE(MM/DD/YY) J&OROOI 03/01/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wm. W. George & Associates Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7557 Rambler Rd., Suite 510 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75231 COMPANIES AFFORDING COVERAGE B. J. Love COMPANY 214-691-5522 A Texas Workers' Comp. Ins. Fund INSURED COMPANY B Niagara Fire Insurance Co. J&J Roofing & Sheet Metal,Inc. F&W Leasing, Inc.;Sheet Metal Services,Inc.; J II, Inc. COMPANY C United States Fire Ins.Co. COMPANY D Fidelity & Casualty Co.of NY 5211 Lawnview Ave. Dallas TX 75227 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTfl TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 52,000,000 D X COMMERCIAL GENERAL LIABILITY 50 CBP6107972-95 12/21/94 12/21/95 PRODUCTS - COMP/OPAGG $1,000,000 CLAIMS MADE Fx1 OCCUR Blanket Additional PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT Insured - Owner, The City FIRE DAMAGE (Any one fire) $ 50,000 of Denton, Texas, Et At MED EXP (Any one person) $ 5,000 B AUTOMOBILE LIABILITY ANY AUTO CLP 5211028-95 12/21/94 12/21/95 COMBINED SINGLE LIMIT $1,000,000 X X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS Blanket Additional Insured - Owner, The City X X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS of Denton, Texas, Et At X PROPERTY DAMAGE 5 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 2,000,000 AGGREGATE s2,000,000 C X UMBRELLA FORM 553 0199958 Owner,City Of 12/21/94 12/21/95 $ OTHER THAN UMBRELLA FORM Denton,Et AL-AddL.Insured A WORKERS COMPENSATION AND X I STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ 1,000,000 DISEASE -POLICY LIMIT $1,000,000 THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL TSF117835-01BLanket Waiv. of Subrogation-Owner,EtAL 12/21/94 12/21/95 DISEASE - EACH EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Contract: Bid #1710 - Reroofing at Multiple Facilities Owner, The City of Denton, Texas, its officials, agents, employees and volunteers -Additional Insureds & Owner, The City of Denton, Texas its officials agents, employees and volunteers for any work performed for the Cit b t)!ie Named Insured -Waiver of Subrogtion CERTIFICATE HOLDER CANCELLATION CITYDEl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City of Denton 901-B Texas Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Denton TX 76201 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPR TI B. J. Love ACORD 25-S (3/93) aACORD CORPORATION 1a93 10 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2_ 1 day of FEBRUARY A.D., 19 95 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and SUN COMMERCIAL ROOFS, INC. -.2419 SOUTHWELL DALLAS, TEXAS 75229 of the City Of DALLAS , County of DALLAS and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: 1710 - REROOFING OF MULTIPLE FACILITIES in the amount of $103,977.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: 1 CITY OF DEXTON OWNER ATTEST: 'A" - ya, 4 APPROVED AS TO FORM: sty Attorn�n AAA0184D Rev. 07/28/94 CA - 3 (SEAL) SUN COMMERCIAL ROOFS, INC. CONTRACTOR��/�j�/ DALLAS, TEXAS 75229 214-4H4-157;} SUP,Fo OR DEPOSIT ONLY ROOFS, IN.C. MAILING ADDRESS FIRST TEXAS BANK 10 6615 8 PHONE NUMBER -21 t.t `-E R I -A FAX NUMBER BY TITLE � vcV (j S � PRINTED NAME (SEAL) BOND PREMIUM BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND STATE OF TEXAS § BOND NO. 73782 COUNTY OF DENTON § BOND EXECUTED IN FOUR (4) ORIGINALS KNOW ALL MEN BY THESE PRESENTS: That SUN COMMERCIAL ROOFS, INC. of the City of nAT.T.AS County of DALLAS , and State of TEXAS as PRINCIPAL, and Frontier Insurance Company of New York , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of ONE HUNDRED THREE THOUSAND NINE HUNDRED SEVENTY SEVEN AND no/100--- Dollars ($ 103,977_00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 21 day of FEBRUARY 19 95, for the construction of BID # 1710 - REROOFING OF MULTIPLE ' FACILITIES which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of February 19 95 . SUN COMMERCIAL ROOFS, INC. Principal By Title SUN COMMERCIAL ROOFS, INC 2419 SOUTHWELL ROAD DALLASq,ggTE4XAS 75229 Address: r=QR DEP )SIT1115 SUN COMMERCIAL ROOFS, INC. FIRSTTEXAS BANK 106615 (SEAL) FRONTIER INSURANCE COMPANY OF NEW YORK Surety e 1 L. Humphrey Title rney-in-Fact Address • 195 Lake Louise Marie Rd. Rock Hill, New York 12775-8000 (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB - 2 BOND WRE:.MI1.1M BASED ON FINAL CONTRACT PRICE PAYMENT BOND BOND NO. 73782 STATE OF TEXAS § BOND EXECUTED IN FOUR (4) ORIGINALS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SUN COMMERCIAL ROOFS. INC. of the City of DALLAS County of DALLAS , and the State of TEXAS as principal, and Frontier Insurance Company of New York authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of ONE HUNDRED THREE THOUSAND NINE HUNDRED SEVENTYSE Dollar's (100--- for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 21 day of FEBRUARY 19 95 . BID # 1710 - REROOFING OF MULTIPLE FACILITIES n to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of February 19 95 , SUN COMMERCIAL ROOFS, INC. Prin ipal By� Title //-�"`� Address: , PQA44PAA-AI nears.:._. 2419 SOUTHWLLL ROHD DALLAS, TEXAS 75229 2a44g41776 (SEAL) FRONTIER INSURANCE COMPANY OF NEW YORK Surety e yl L. Humphrey --- Title orney-in-Fact Address: 195 Lake Louise Marie Road Rock Hill, New York 12775-8000 (SEAL) The name and address of the Resident Agent of Surety is: AAA0184D Rev. 07/28/94 V.R. Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 PB - 4 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. EXECUTED IN FOUR (4) ORIGINALS XmilhEr O INSURANCE COMPANY OF NEW YORK ROCK HILL, NEW YORK (A Stock Company) N2 _ 10453 - NY POWER OF ATTORNEY BOND NO. 73782 TR kiotu All jIldeu 3ilLi T(Icsv T9 rrecuta: That FRONTIER INSURANCE COMPANY OF NEW YORK, a New York Corporation, having its principal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985 "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business. "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney - in - Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: V. R. Damiano, Jr. James V. Damiano Cheryl L. Humphrey Shane A. Humphrey of Dallas , in the State of Texa - ' its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, puce and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or privatetrust; guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FIFTY THOUSAND ($850,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY OF NEW YORK thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY OF NEW YORK, and all the acts of said Attorney(s) -in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3nOitttess01 ervvf, FRONTIER INSURANCE COMPANYOF NEWYORK of Rock Hill, NewYork, has caused this Power ofAttorneyto be signed by its President and its Corporate seal to be affixed this 2 nday of November .19 89 FRONTIER INSURANCE COMPANY OF NEW YORK Z 1� uP90ggl O;i SEAL 'Q k BY: State of New York WALTER A. RHULEN, President County of Sullivan SS.. On this 2nd day of November , 19 q q , before the subscriber, a NotaryPublic of the State of New York in and for the County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY OF NEW YORK to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. ;3ltl Testimott� 041!rettf, I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written YOTA y'"`; N RY - rpbBUC o qF �f NG�:•"' CERTIFICATION CHRISTINE 1. LANE Notary Public State of New York Sullivan County Clerk's No. 1996 Commission Expires May 2, 1994 I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY OF NEW YORK of Rock Hill, New York, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, ar true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. in Agitttess 04ereuf, I have hereunto set my hand and affixed the facsimile seal of the corporation this 24th day of February .19 95 �p�... , , IWa.' pvogq Co' SEAL FM 19-5002-FNV (10/93) "`i, JOSEPH P. LOUGHLIN, Secretary CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 1 PART 1 - GENERAL INSTRUCTIONS 1.1 QUALIFICATIONS FOR BIDDING: To qualify for bidding, each contractor is required to obtain a copy of the Bid . Invitation, Proposal, General Instructions, Materials, Execution, Drawings, Contract Documents, and attend the Pre -Bid Conference on Tuesday, January 17, 1995, at 10:00 AM, at City of Denton Purchasing Department Conference Room, located at 901-B Texas Street, Denton, TX. 1.2 INSURANCE: 1.2.1 Insurance Requirements for Contractors: Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. a. Standard Provisions: 11 Without limiting any of the other obligations or liabilities of the contractor, the contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. 2) As soon as practicable after notification of bid award, contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 2 1.2.1 a. 3) All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. ii. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate 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 investigations, claim administration and defense expenses. iii. Liability policies shall be endorsed to provide the following: a) Name as additional insured the City of Denton, its officials, agents, employees and volunteers. b1 That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. iv. All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non -renewal or reduction in coverage. v. Should any of the required insurance be provided under a claims -made form, contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 3 1.2.1 a. 3) vi. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. vii. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. 1.2.2 Specific Additional Insurance Requirements: All insurance policies proposed or obtained in satisfaction of this contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the contract, or longer, if so noted: a. General Liability Insurance: General Liability insurance with combined single limits of not less than $2,000,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. 1) If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: i. Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. ii. Coverage B shall include personal injury. iii. Coverage C, medical payments, is not required. 2) If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 4 1.2.2 a. 2) i. Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. ii. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. b. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: 1) any auto, or 2) all owned, hired and non -owned autos. c. Workers Compensation Insurance: Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured", but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and Rule 28TAC 1 10.1 10 of the Texas Worker's Compensation Commission (TWCC). BID NO. 1710 BID #1710 REVISED PROJECT #31941123 PAGE 1 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX NAME OF BIDDER: Sun Commercial Roof sj, Inc. DATE: January 31 1995 MS. DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76201 Dear Ms. Harpool: The undersigned, in compliance with your advertisement for Bids for Reroofing on certain areas of the following buildings: Area "H" of Denton Municipal Complex, Senior Center (Levels 1 and 2) Denia Recreation Center, North Lakes Recreation Center, Civic Center and Visual Arts Building have examined the Drawings and Specifications, together with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents with the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of $00 five percent (5%) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA #1: `S (Initial) ADDENDA #2: (Initial) ADDENDA #3: (Initial) BID #1710 REVISED PROJECT #31941 123 PAGE 2 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX NOTICE TO BIDDERS BID #1710 Sealed proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, TX 76201 will be received at the office of the Purchasing Agent until 2:00 P.M., Tuesday, January 31, 1995, for Reroofing Area "H" of Denton Municipal Complex, Senior Center (Levels 1 and 2), Denia Recreation Center, North Lakes Recreation Center, Civic Center and Visual Arts Building, located in Denton, TX. There will be a mandatory prebid conference on Tuesday, January 17, 1995, at 10:00 A.M. in the Purchasing Department Conference Room located at 901-B Texas Street. Bid Specifications will be distributed to qualified prospective bidders at that time. The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and after the date of the bid opening. No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in any contract with the City of Denton. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton, Texas projects. CITY OF DENTON, TEXAS Tom D. Shaw, CPM Purchasing Agent This advertisement to run on BID #1710 REVISED PROJECT #31941123 PAGE 3 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for Project #31941123and Conditions for Reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said reroofing for the following area: BASE BID NO. 1 - AREA "H" OF DENTON MUNICIPAL COMPLEX $107,451.00 MATERIALS $ 69,843.15 LABOR $ 37,607.85 TOTAL $107g451.00 BASE BID NO. 2 - SENIOR CENTER (LEVELS 1 AND 2) $ 18,411.00 MATERIALS LABOR TOTAL BASE BID NO. 3 - DENIA RECREATION CENTER MATERIALS LABOR 11,967.15 6.443.85 18,411.00 $ 42,783.00 $ 27,808.95 $ 14,974.05 TOTAL $ 42,783.00 BID #1710 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX BASE BID NO. 4 - NORTH LAKES RECREATION CENTER I/ MATERIALS LABOR TOTAL BASE BID NO. 5 - CIVIC CENTER REVISED PAGE 4 OF 8 $42,783.00 $ 27,808.95 $ 14,974. 05 $ 42,783.00 Shall also include the removal and replacement of all gutters in association with the reroofing of the Awnings. The Scope of Work for the Civic Center dome shall be revised as follows: Tear off the existing roof down to the deck, mechanically fasten a twenty-eight pound (28#) base sheet, fully adhere one (1) ply of Type IV felt, apply self -adhered, white elastomeric membrane with selvedge edge and follow manufacturer's guidelines for backnailing, all in accordance with approved specifications. MATERIALS LABOR TOTAL BASE BID NO. 6 - VISUAL ARTS BUILDING $ 118,544.00 $ 77,053.60 $ 41,490.40 $ 118,544.00 Reroofing of the Visual Arts Building shall include the application of two (2) plies of Type IV fiberglass felts, fully adhered to insulation per this Specification Paragraph 3.9.2. MATERIALS LABOR TOTAL $ 88,731.00 $ 57,675.15 $ 31,055.85 88,731.00 BID #1710 PROJECT #31941 123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX LUMP SUM BID: MATERIALS LABOR TOTAL REVISED PAGE 5 OF 8 $ 408 ,61 3.00 $265,598.45 $143,014.55 408,613.00 UNIT PRICE PROPOSAL: 1. Remove and replace damaged metal decking: $ 2.00 per square foot. 2. Remove and replace deteriorated nailers: $1.50 per linear foot. 3. Additional cost over and above the contract amount for replacing wet polyurethane insulation: $ 2.00 per square foot. 4. Additional cost over and above the contract amount for replacing wet fill material: $ 2.50 per inch per square foot. 5. Install four inch (4") roof drain: $ 475. 00each. 6. Install four inch (4") cast iron drain line complete with all connections, elbows, etc.: $ 27.00 per linear foot. 7. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: $14.00 additional cost per man per hour. QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's company name of materials being bid on. Coal -Tar Elastomeric Membrane (CTEM): Hyload 1 50-E Base Sheet: C elotex Insulation: Manville Felt: Celotex Bitumen: Tampko BID #1710 REVISED PROJECT #31941 123 PAGE 6 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX Contractor shall submit and/or answer the following: 1. Bidder shall submit documentation with their proposal to indicate their specific qualifications to perform the specified work, including, but not limited to, all public or entities in the State of Texas where said company has worked. ContractInitial 2. Within the last five years, has legal action, including but not limited to, deceptive trade practices suits, been taken against your company for failure to perform work properly or for not completing a project? Yes No-La� 3. Within the last five years, has your organization or any officer/partner of your organization ever been an officer/partner of an organization that failed to complete a construction contract? Yes Now. If so, attach a separate sheet of explanation. 4. Within the last five years, has your organization or any officer/partner of your organization filed for bankruptcy? Yes NoA_. If so, attach a separate sheet of explanation. 5. Attach an AIA Document No. A305 with a separate sheet with all references including all public entities. Include contact name and telephone numbers for each and every reference. 6. Include an audited company financial statement. EXAMINATION OF SITE: 3. By signing the Proposal Form, contractor acknowledges he or an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work. Upon receipt of notice of acceptance of this bid; within thirty (30) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT 0 00%) STATUTORY PAYMENT BOND. The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: BID #1710 REVISED PROJECT #31941123 PAGE 7 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX If a contractor is awarded the project, project must be completed within the following working days per roof area (totaling ninety-three (93) days) or contractor will be subject to liquidated damages as set forth below. Area "H" of Denton Municipal Complex 20 working days Senior Center (Levels 1 and 2) 10 working days Denia Recreation Center 10 working days North Lakes Recreation Center 10 working days Civic Center 25 working days Visual Arts Building 18 working days A working day is defined as a calendar day, not including Saturdays, Sundays, or legal holidays, in which weather or other conditions not under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M. For every Saturday on which the company chooses to work, one day will be charged against the working time when weather conditions will permit seven (7) hours of work as delineated above. A principal unit of work shall be that unit which controls the completion time of the agreement. Nothing in this item shall be construed as prohibiting the company from working on Saturdays if it so desires. If Sunday work is permitted by the Owner, time will be charged on the same basis as weekdays. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF MAINTENANCE'S OFFICE. The undersigned agrees that the Owner may retain the sum of ONE HUNDRED DOLLARS ($100.00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the Owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. Payment will be made to the contractor within thirty (30) days after receipt of written acceptance of project completion from the Owner's representative, contractor's invoice, and all written warranties from both contractor and manufacturer. BID #1710 REVISED PROJECT #31941123 PAGE 8 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX I (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. SEAL (If by Corporation) Indicate if: ( ) Partnership RESPECTF LLY SUBMITTED BY (Name) (Title) / (Address) 12 4t l! a s / 75-)- Z i ( (.)'Corporation ( ) Sole Owner If a partnership, list names and addresses of partners: If corporation, indicate state in which corporation was organized and is existing: 7"Yxc pes Principal Stockholders: (Name and Address) ylsp s<u��a a.� /�1 717- Z'Y Sleeper Sewell h Co. 12222 Merit Drive, Suite 600 Dallas, TB 75251-2231 (214) 419-7500 .................................................. NerIR® SUN COMMERCIAL ROOFS INC 2419 SOUTHWELL ROAD DALLAS T% 75229-4519 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ............................................ ...................... ......................................................................................................... .......................... ................................ ............... ................................ ................ CO . Tym OF NSURAMCE POLICY NUMER 'POLICY EFFECTIVE3'OL1CY EXNIATIDrI Lam LTR DATE WIMODNY) DATE(MMIOD" ................................................ ....................... :................................ :................................ :.............. ................ ........................................................... ...........................................: EGENERAL AGGREGATE AGMRAL LIABILITY..,000.,. 00 C ..........2. g COMMERCIAL GENERAL LIABILITY 102962005E paoouCtsCo�wroP ADO• s 1,_ 000, 00 C PERSONA. a Gov. INJURY € s 1 0 0 0 0 0 C ........ CLAIMS g;ocalR. :08/04/94 05/O1/95_.........__.......... ........ �.............R............ OWNERS A CONrtucrORs PWT. ; EACH OCCUTYREROE s 1!0 0 0! 0 0 C ................................................................ . € FIRE BAMAGE (Anr OM Rka) s ............_5 0.i.00 C MED. DTENSE (Any one Pam^)€ s 5, 0 0 C A;: AUTOMONZ g LIABSJTY ANY AUTO 102962W" .......... ALL OWNED AUTOS - .:SCHEDULEO AUTOS X HIRED AUTOS x NON -OOHED AUTOS. GARAGE u4surr ................:................................................................................... EXCESS UASIRY A: ..g.. :......... UMBRE.IA FORM TOO .._E. _ .... OTHER THAN UMBRELLA FORM .... ...... ................. ........... .......... .;..... ..... ... ....... .. WOW"" COMPENNTT^. A€ 1029620030 AMo EMPLOVOW MUM STATUTORY LIMITS :........n........................ I...........:. -.: ............... ................. °08/04/94 05/ 01/ 95.FACH AWDE+T ....... S 500., 001 DISEASE - POLICY LIMIT s 5 0 0 0 01 ............................. ..................:......................... . ............................._...............:..._ .......... _....._......_-_....._.... _. _.. . DISEASE - EACH EMPLOYEE i 500, 001 oTRRm ........ ..................:.....;:....._................................................... ....:... ..............._.......... .... ............... . DE OPTION OF OPLAATONBA.00AT ONSNB* XE818PECML RM RE: CITY OF DENTON-MIILTIPLE FACILITIES. ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND A WORKERS COMP WAIVER OF SUBROGATION IN FAVOR OF: THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES h SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE THE gay. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE OF DENTON 'm.LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IGND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I901-B TEXAS STREET DENTON TX 76201 DATE: FEBRUARY 21, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1716 - HEAVY EQUIPMENT MECHANIC RECOMMENDATION: We recommend Premier Equipment Service Inc. at $32 $66,600.00. this bid be awarded to the lowest bidder 00 per hour, annual estimated expenditure SUMMARY: This bid is for an annual contract to supply labor and equipment to perform maintenance and repairs to the Solid Waste Landfill fleet. Premier Equipment Service will provide fully trained mechanics, service truck and tools required to do preventative maintenance, on site repairs, and written reports of such activities for the heavy equipment at the landfill. Utilization will be on an as needed basis at the discretion of the Fleet Services Superintendent. The City of Denton will supply all parts as recommended by Premier Equipment Service. This contract will give the City of Denton direct access to expertise and equipment currently not available from staff. Contracting for a flat per hour fee also allows for better control of costs and quicker response time. BACKGROUND: Tabulation Sheet, Recommendation from Fleet Services Superintendent, Jack Jarvis. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill Operations, Fleet Services Division FISCAL IMPACT: This contract for services will be funded from 1994-95 budget funds for sublet repairs of equipment Account Number #730-025-0580-8710. pe t y itted loyd V . Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 573.AGENDA 0 z to F- YJ Q 0 MU) 4949 0 wo 0 ��e z aQ Q¢ 0 U.*'N rN y H ova CC 0Az CC oa w �Wa Z�x a a cc 0 o 0 0 W 0. N M N M W aW 0 o 0 In Q0 n U 5 LO 0 a 0w a w LU 0 ww wa iU0) w r W Q F a F a �LUcc x _ � ]`� ]� 0 00 x x w w P Z w Ci 0 CL _o CO CG Oh '' N CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: Tom Shaw, Purchasing Agent FROM: Jack Jarvis, Superintendent of Fleet Services DATE: February 15, 1995 SUBJECT.• BID # 1716--HEAVY EQUIPMENT MECHANIC Upon review of the four bids received concerning the sublet repair on landfill equipment, the lowest overall bid was made by Premier Equipment. The hourly rate (both regular and overtime) submitted by this organization is $32 per hour. Because keeping the landfill equipment operational at all times is a necessity and doing so may require work beyond a scheduled forty hour week at times, this fixed rate is the best offer received. I recommend awarding bid item # 1716 to Premier Equipment for a one year contract. Sincerely, t 8171566-8200 D/FW METRO 434-2529