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HomeMy WebLinkAbout1992-055ORDINANCE NO C� U 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 com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements 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 con- struction 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 be- ing the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 1347 MANNING INC $46,345 65 1348 ALMOND ROOF CONSULTANTS $88,550 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, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied 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 here- by 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 im- mediately upon its passage and approva PASSED AND APPROVED this the /_ day of ,1992 CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY r l�lJtD APPROS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY FM ALL0001F DATE April 7, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1347 - NOTTINGHAM CONCRETE WORK RECOMl1{ENDATION We recommend this bid be awarded to the low bidder, Manning Inc in the total amount of $46,345 65 SUMMARY This bid is for all materials and labor for the construction of specified concrete work The bid includes 905' of 4' sidewalk, 2850' of curb/gutter, 215 square yards of flatwork and driveways along with 4089 square yards of hydromulch and other associated activities The project is located south of University Drive and North of Mingo Road The concrete work is a portion of the Nottingham Drive Project BACKGROUND Tabulation sheet PRnVRAMR_ nF.PARTMFNTS OR GROUPS AFFECTED Citizens of Denton, FISCAL IMPACT Funds for this project will come from Street Bond funds account # 443-020-STRT-8526-9105 spct ectfully submitted 1 Lloyd V Harrell City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 257 DOC TS/Ih BID # 1347 BID OPEN NAME NOTTINGHAM CONCRETE WORK MARCH 24, 1992 MANNING FLOYD SMITH SOUTHWEST IND CONST # ITEM DESCRIPTION VENDOR VENDOR VENDOR 1 TOTAL BID $46,345 65 $48,674 15 $78,253 00 2 BID BOND YES YES YES DATE April 7, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1348 - REROOF EMILY FOWLER LIBRARY RECOMMENDATION We recommend this bid be awarded to the low bidder, Almond Roof Consultants, in the amount of $88,550 00 SUMMARY This bid is for all labor and materials to replace the roof on the Emily Fowler Public Library The protect will have a 15 year warranty from the material manufacturer, and a 2 year contractor warranty which guarantees a waterproof building BACKGROUND Tabulation sheet Emily Fowler Library and using FISCAL IMPACT Funds will be from Certificates of Obligation #445-032-ROOF-9217 #445-032-ROOF-9122 pe/ct/fully submitted v Lloyd V Harrell City Manager Prepared by Name Denise Harp ool Title Senior Buyer A roved Name Tom D Shaw,C P M Title Purchasing Agent 256 DOC DH/lh N r I »k O x UO 10 H H — — — — — — — — — — — — — — — — — m 0 O z tv H 0 t+Od H [y+J �= z � Cyr o x H g N N W M W b H k H ID tl H %O C N Z gO t+ C+l ----------------------- H OrD INJI O O N H O ID C C+OI y K' y C 14 0000010 N y MM CA y xO t� CNd H v 0 — — — — — — — — — — — — — O — — — — — — — — — — O N 0 coW r 0 N co O P N iw O [+l O N CAO o 00 O 010 H W m O IV p N LHU O — — — — — — — — — — — — O — — — — — A J O� H C 0 r 0 m [� m co Co N o O Co 0 0 Po 0 (off 0 9 y O ---------------- O J HHH «. CO UI N N H C O A 0 H l� y 0 0 0 0 0 O I00 0 rtl M N DO H O — — — — — — — — — — — — O — — — — — N CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this APRIL A.D., 19 92 , by and between DENTON of the County of DENTON through LLOYD v. HARRELL 7 day of THE CITY OF and State of Texas, acting thereunto duly authorized so to do, hereinafter termed "OWNER," and LARRY MANNING, INC. 821 RINGS ROW, DENTON, TEXAS 76201 of the City of DENTON , County of DENTON 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1347 - NOTTINGHAM CONCRETE WORK iu the amount of $46,345.65 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 CA - 1 all maps, plats, blueprints, and other drawings and printed or 'written explanatory matter thereof, and the Specifications therefore, as prepared by CITY of DENTON ENGINEERING STAFF 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: a CA - 3 (SEAL) LARRY MANNING INC CON RAC !�� 01 Title (SEAL) — PERFORMANCE BOND STATE OF TEXAS § Bond No. TX 482027 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC. of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and MERCHANTS BONDING COMPANY (Mutual) 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 Forty Six Thousand Three Hundred Forty FIVE AND65/100--------------------- Dollars ($ 46,345.65 ) 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 7 day of APRIL 19 92 , for the construction of BID 9 1347 - NOTTINGHAM CONCRETE WORK in the amount of $46,345.65 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 Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anyway 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 27th day of August 19 92 LARRY MANNING, INC. Principal Address• 82� Kings Row Denionr. TX 76201 (SEAL) MERCHANTS BONDING COMPANY (Mutual) Surety Pauline L. Lesch Title_ _Attorney -in -Fact Address• 2100 Grand Ave. Des Moines, IA 50312 (SEAL) The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. 206 Elm St., Suite 105, Lewisville, Texas 75057 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 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. PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC. of the City of DENTON County of DENTON , and the State of TEXAS , as principal, and MERCHANTS BONDING COMPANY (Mutual) 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 FORTY SIX THOUSAND THREE HUNDRED FORTY FIVE 665/10mollars ($ 46,345.65 ) 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 7 day of April 199_ BID 1 1347 - NOTTINGHAM CONCRETE WORK in the amount of $46,345.65 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anyway 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 27th day of August 19 92 LARRY MANNING, INC. Principal Title �— Address: 821 Kings Row Denton, TX 76201 (SEAL) MERCHANTS BONDING COMPANY (Mutual) Surety Pauline L. Lesch Title Attorney -in -Fact Address: 2100 Grand Ave. Des Moines, IA 50312 (SEAL) The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. Elm St., Suite 105, Lewisville, Texas 75057 J k1 PB — 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC. as Principal, and MERCHANTS BONDING COMPANY (Mutual) a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of Four Thousand Six Hundred Thirty Four and56/100— ---- Dollars ($ 4,634.56 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said LARRY MANNING INC. has this day entered into a written contract with the said City of Denton to build and construct BID 1 1347 - NOTTINGHAM CONCRETE which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause"during said time. IN WITNESS WHEREOF, the said LARRY MANNING, INC. as Contractor and Principal, has caused these presents to be executed by and the said MERCHANTS BONDING COMPANY (Mutual) as surety, has caused these presents to be executed by its Attorney -in -Fact Pauline L. Lesch and the said Attorney -in -Fact has hereunto set his hand this 27th day of August , 19 92 SURETY: MERCHANTS BONDING COMPANY (Mutual) BY: t ck t.vw C L' Pauline L. Lesch _Attorney -in -Fact Attorney -in -Fact PRINCIPAL: LARRY MANNING, INC. MB - 2 Lewisville, Texas 27th August 92 December 31, 1992 CITY OF DENTON INSURANCE REQUIREMENT'S 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. STANDARD PROVISIONS: 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. 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. 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: o 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.vii o 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 CI - 1 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. o 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. o 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. o 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. SPECIFIC ADDITIONAL INSURANCE REOUIREMENTS• 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: CI - 2 [X] General Liability Insurance: General Liability insurance with combined single limits of not less than 500,000 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. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than 500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) [X] 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,'00 for each accident, $100,000 per each employee, and a $500,000 policy limit for CI - 3 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. CI - 4 Name and Address of Agency Phone Name and Address of Insured: City of Denton Reference: Project Name: Project No: Project Location: Managing Dept: ------------------ Ccmpanies Affording Coverage: A B Phone I C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration latter 7--9 T--------- _ .. p atlon Limitt of liahili+- -- - nmiuer uate In Thousands 000 ' Comprehensive General Liability - occurrence occurrence - Claims Made (see #4-Page CI-4) Bodily Injury $ Broad Form to Include: - Premises/Operations Property Damage j - Independent Contractors Bodily injury and Property - Products/Completed Operations - Personal injury - Contractual Liability(see #3-Page CI-4) Damage Combined : - Explosion and Collapse Hazard - Underground Hazard Fire LegalbLiabilitye(see - #5-Page CI-4) - Broad Form Property Damage - Professional Errors/Omissions - --------I - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Liability Bodily Injury/Person s Bodily injury/Accident i - Owned/Leased Automobiles - Non -owned Automobiles Property Damage _ $ - Hired Automobiles Bodily Injury/Property Damage Combined j - Workers' CoMensation and Employers' Liability Statutory Amount edUn accident - Owners' Protective Liability = Other Insurance uescrlption or uperationS1L0cat1ons/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non -renewal, or material change in coverage. (See #2, Page CI4). Naar and address of Certificate Holder. CITY OF DENTON, TEXAS I PURCHASING AGENT 901-8 TEXAS ST. DENTON, TEXAS 76201 1 I CI -S SEE DEFINITIONS ON PAGE CI-4 ATTACHED. DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non -renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTUAL COVERAGE: agreement, and would not liability requirement st Certificate of Insurance u: must include a definition coverage for obligations referenced contract. This (Liability assumed by contract or otherwise exist.) The contractual own on the reverse side of this ider Comprehensive General Liability, of coverage broad enough to provide assumed by the contractor in the Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City -owned or leased facilities). Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 6 BID TABULATION SHEET ITEM DESCRIPTION QUANTITr UNIT UNIT PRICE TOTAL 1.21 Contractors Warranties and Understandings - LS $ /,0'/LS 8.1 Barricades, Warning Signs and Detours - LS $ LS $ 5d0 5.8-A.1 6" Concrete Flatwork 30 BY $ � go/Sy $ ODD 8.3-A 4" Concrete Sidewalk 905 SY $ //_QQ /SY $1q 8.3-8 6" Concrete Driveway 185 SY $ d J f /By $ 8.2-A Concrete Curb & Gutter 2,850 LIP $ 5, /LF $�5�75�' 8.15 4" Concrete Riprap 150 BY 92 $ aQ /Sy $ 3.10.7 Hydro Mulch 4,089 BY $ , ljr¢/Sy $ q 7r 4 7. 6.A.1 Recessed 6' Curb Inlet To & Throat 1 EA $ 7 04VEA cJ�/ $JJ7,5Q 4r 7.6.A.2 Special Recessed 6" Curb Inlet Top & Throat 2 EA $ �/EA $ -" 2.11.5 Inlet Frame & Cover 2 EA $ aQL-1?0/EA $ 0 TOTAL $�/ �fo c� 3.10.3 * Seeding 4,089 SY $ " 50 4 /SY Seeding (3.10.3) may be used as an alternate in whole or part for Hydromulch (3.10.7) at the direction of the engineer. P - 3 1MUc. TOTAL BID PRICE IN W P. .1 1 ' . e (o S In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. Street Ad�di ss City and State Seal & Authorization p (If a Corporation) �0 - Telephone B - 1 SALES TAX Materials which are incorporated into or becomes 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 ....................... $ B. Total Materials ................... $ O 1200.DOC INSURANCE CENTER INC P O DRAWER C DENTONP TX 76202 PaoNS 817-387-9501 INSURED S21KnasnorInc i$R 7:zo°X xexa CBMiTi}iCATE IB ISSUED ABA HA1THR OP INFORMATION ONLY AND CONFERS NO RIGM UPON TRH CERTIPICATH HOLDER. 'PHIS CZIT FTCATS 00E8 NOT AMUMD, EXTEND OR ALFSR THE COVaMO6 AFFORDED HT THE POLICIX5 BELOW. -- ------ ---...... ----------------------------- COMPANIES AFFORDING COVe�e- - ....--'----------- ------------------------------------ ---------------- COMPANY LETTER A 901111tO1T (MtaerAl rCOMPANY LETTER E--------------------------------------------------------- COMPANY LETTER COMPANY LHTTEA s COVERAGES e..... COMPANY LETTER E ..w---.-o.R...r.R:...as=Ern...nn...n..cesu....z.n......._:....--.------- IABCE LISTED BELOW THIB IS 1b CERTIFY THAT POLCIRH OP INBURSAVE HEEN YBSUEO TO TEB INBOR® BARED ABOVE MroA TS8 POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRNRHNT, THEM OR CONDITION OF ANY CONTRACT OR OrM DOCUMBMF WITH RESPECT TO WHICH THIS CRATIPICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED By TEB POLICIES DESCRIBED HERRIM IB HUBJECT To ---ALL TERMS, SECLUDZQNS, AND CONDITIONS OF SUCH POLICIES. LIMITS BROWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OP INSURANCE --------- ------ ------ POLICY NUMBER I POLICY HPP I POLICY HIP I LIMIT$ -- _____ DATE DATE GENERAL AGORROATR 11,UUU, A III COMMERCIAL DEN LIABILITY 5COL9368069-06 03/24/92 03/24/93 VRW-------- ----- 1'000, f I CLAIMS xwa [ X) occ. ----""------"___ ________ PERK. A ADV. INJURT 1,000E t 1 ONNHRS•B i coaTAACTOR•S PROTECTIVE --'-'---`---------- IAOR OCCVNEEMCE ---------- 1, 000,1 f I ________ PING DAMAGE __________ 'ART ONE FIRE) 50, 000 fI ------------------ ----------. MED. EYPaNBE _________________________ " ------ (ANY ONE PRABON) 51000 AUTOMOBILE LIAB ----`--------------------- ---------------------------- ------------------- ------- COMB. BIMOLE LIMIT 1 000 � A A ANY AUTO IAUT9400011-06 03/24/92 03/24/93 ------ I I ALL ORNED AUT08 BODILY INJURY [ I SCREDt= AUTOS (PER paNsoN) t) HIRED AUTOS ------------------- ----------- I I NOR -OWNED AUTOS BODILY INJURY C I GARAGE LIABILITY (PER ACCIDENT) ___________________ f1 _______—____-__-_ PROPERTY Dimon EXCESS LIA$ILITY _ — ------------------------- - _ ---- ------ f I UMBRELLA POEM EACH OCCURRENCE [ ) OTHER TRAN UMBRELLA PORN ___________________ ___________, AGGRIQATR __________________ _________..�___ A WORKERS' COMP _-...._-_______ STATUTORY LIMITS 05TWC102820fi-00 03/24/92 03/24/93 EACH AcexbeNT goo,O 8$ EMPLOYERS' LIAR DISEASE-POL. LIMIT 500 0 --- - ------------------- ----- bIBSTATUTARE EMT. SOO�000 I pTHER DESCRIPTION OF OPHRATIONB/LOCATIONB/VSHICLES/SPECIAL ITEME CHRTIPICATE HOLDERm ........................... n..a CANCRLLA2I011 Cur.::wur.m...r.....w....:a-.r..-.....r....:..w.r.-..... r SHOULD ANY OP THE ASOVR DESCRIBED POLICIES SS CAHOHLLED BEFORE THE EE_ PIRATION OATH THERROP, THE ISeUIWc coNpANY RILL ENDEAVOR TO MAIL 30 CITY OP DENTON - DAYS WRITTEN NoaICE TO THE csarxaxCATE HOLDER NAMED TO THE LNPT, BUT PURCHASING DEPARTMENT PAILVAR TO MAIL ■OON NOTICE BEALL IMPOSE NO 081,I0ATION OR LIABILITY OF 901-B TEXAS STREET - ANY HIND UPON THE CONPARY, ITS A41NTS OR AHPRBOHNTATIV88. DENTONTX ----------------- ---- ----------------------------------------------- 7 6201 . AUTHORISED REPAEEENTATIVE ACORD I5-0 (7/90) na"4-ft" CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 27 day of APRIL A.D., 19 92 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD-V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and of the City of P.O. BOX 292213, LEWISVILLE, TEXAS 75029-2213 LEWISVILLE , County of DENTON And State of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID # 1348 — REROOF EMILY FOWLER LIBRARY in the amount of $88,550.00. 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 said construction, 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, 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. CA1 CONTRACT AGREEMENT SPECIAL CONDITIONS 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 and 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. - CA2 CONTRACT AGREEMENT IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: /` / ! •Ifidaw" W EST: 9 1 1 01 1 N40'all, (SEAL) ALMOND ROOF CONSULANTS Party of he Second Part, CONTRACTOR Title QwFrJ (SEAL) CA3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENT: That ALMOND ROOF CONSULTANTS of the City of LEWISIVILLE County of DENTON , and State of TEXAS as PRINCIPAL, and , 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 EIGHTY EIGHT THOUSAND FIVE HUNDRED FIFTY AND N -- Dollars ($ 88,550.00 ) 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 27 day of APRIL , 1992, for the construction of BID # 1348 — REROOF EMILY FOWLER LIBRAY in the amount of $88,550.00. 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 principal shall faithfully perform said Contract and shall in conditions and agreements in and by said contract agreed and Principal to be observed and performed, and according to the of said Contract and Plans and Specifications hereto annexed, shall be void: otherwise to remain in full force and effect; such, that if the said all respects, convenanted by the true intent and meaning then this obligation PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety for value received, stipulates and agrees that no changes, 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alternation or addition to the terms of the contract, or to the work to be performed thereunder. CA4 PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of April 1 1992. Almond Roof Consultants Principal Title Owner Address PO Box 292213 Lewisville, Texas 75029-2213 (SEAL) Victore Insurance Co. Surety Title torney-in-€at�f Address 3102 Maple )Yv�. #260 Dallas, exas (SEAL) The name and address of the Resident Agent of Surety is: Baldwin Insurance and Bonding 1201 KAS Dr., Suite B Ri s a on, rexas 7-5081 NOTE: Date of Bond must not be prior to date of Contract. CA5 PAYMENT BOND STATE OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENT: That ALMOND ROOF CONSULTANTS of the City of LEWISVILLE County of DENTON and State of TEXAS as PRINCIPAL, and 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 OWNER in the penal sum of EIGHTY EIGHT THOUSAND FIVE HUNDRED FIFTY AND N0/100---- --------------------------- Dollars (S 88,550.00 ) for the payment whereof, the said Principal and Surety 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 27 day of APRIL , 1992 . BID A 1348 — REROOF EMILY FOWLER LIBRARY 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 Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alternation or addition to the terms of the contract, or to the work to be performed thereunder. CA6 C PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of April 1992. Almond Roof Consultants Principal By Title Owner Address PO Box 292213 —Lewisville, Texas -2213 (SEAL) Victore Insurance Co. Surety :--- Title Attorney —in —Fort- - Address 3102 Maple Av��-�;_-W260� DAllas, lexas 75201 (SEAL) The name and address of the Resident Agent of Surety is: CA7 VICTORE INSURANCE COMPANY 6363 NORTH PORTLAND, SUITE 100 OKLAHOMA CITY, OKLAHOMA 73112 KNOW ALL MEN BY THESE PRESENTS POWER OF ATTORNEY That VICTORE INSURANCE COMPANY, a Corporation duly organized under the laws of the State of Oklahoma, having its principal office in Oklahoma City, Oklahoma, pursuant to the following resolution which is now in full force and effect: 'rfhat the Chairman of the Board may from time to time appoint Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate and other writings obligatory in nature of a bond, and such officer or the Board of Directors may at any time remove such appointee and revoke the power and authority given him" does hereby make, constitute and appoint: ------------------------ LANNY W. LAND, ALTUS E. WILDER, III -------------------------- its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: All bonds except Bail Bonds and not to exceed on any single instrument UNLIMITED AMOUNTS This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 12 day of May, 1989. "Resolved, that the signature of the Chairman, Vice Chairman, President, Executive Vice President, Vice President and Assistant Vice Presidents and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to the By-laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF VICTORS INSURANCE COMPANY has caused these presents to be signed by its Chairman of the Board and its corporate seal to be affixed, this 12 th day of MAY ,19 89 Ns�aq ib (STATE OF OKLAHOMA) SEAL (County of Oklahoma) o'� Onthis 12th day of MAY ,19 89 1 before me, a Notary Public of the State of Oklahoma in and for the County of Oklahoma came Altus E. Wilder III to me personally known to be the individual and officer descnbed 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 said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. CERTIFICATE v Alms E. Wilder III IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed by official seal at Oklahoma City, Oklahoma, the day and year written above. _ I Notary Public, Oklahoma Count)�rOklahoma City, Oklahoma My Commission Expires FEBRUARY 2. 1991 �p okq� y NOTPRV °t 6C. A�� 1, the undersigned, Chairman of the Board of VICTORE INSURANCE COMPANY, a corporation of the State of Oklahoma, DO HEREBY CER"-Fy that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and fiirthermoi et-lhat the-_ Resolution of the Board of Directors, as set forth in the Certificate of Aulhonty; are now in force. Signed and Sealed at the said Company at Oklahoma City, Oklahoma, dated this Zit h day of April ,19 _9� -- — Chairman of the Board Name and Address of Agency City of Denton Reference: Project Project Project Name: No: Location: v Phone Managing Oept: ---------- Name and Address of Insured: ----------- Companies Affording Coverage: A B Phone C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this tin 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Letter Type of Insurance Expiration Limits of Liability Policv Number Date In Thousands 000 Comprehensive General Liability - Occurrence Occurren - Claims Made (see #4-Page CI-4) Bodily Injury $ Broad Form to Include: - Premises/Operations Property Damage S - Independent Contractors - Products/Completed Operations - Personal injury - Contractual Lmability(see #3-Page CI-4) Bodily injury and Property Damage Combined $ - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page C14) - Broad Form Property Damage - ------------- --- - Professional Errors/Omissions -- ----------- ------- - occurrence - claims made (see #4-Page CI4) Comprehensive Automobile Liability Bodily Injury/Person Bodily Injury/Accident S i - Owned/Leased Autanobiles Property Oamage - S - Non -owned Automobiles ---- - - — - Bodily Injury/Property - Hired Automobiles Damage Combined S - Workers' Compensation and Statutory Amount Employers' Liability each accident - Owners' Protective Liability $ Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice (See #2, Page CI-4). of cancellation, non -renewal, or material change in coverage. Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGENT 901-8 TEXAS ST. DENTON, TEXAS 76201 nne , rey-1(11 SEE DEFINITIONS ON PAGE CI-4 ATTACHED. CITY OF DENIC)N - EMILY EMER LIBRARY - DENTCN, TEXAS 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 (DAY) Monday , (DATE) March 16 1992, at 10:OOAM/PM, at City of Denton Purchasing Department Conference Room, located at 901-B Texas Street, Denton, Texas. 1.2 INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicted, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: (a) Thirty (30) days advance written notice of material change or cancellation shall be given; and (b) The City of Denton shall be an additional named insured on all policies. 1.2.1 Workmen's Compensation and Employer's Liability: This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: (a) Workmen's Compensation - Statutory (b) Employer's Liability - Statutory GI1 CITY OF DUITIM — EMILY FOWLER LIBRARY — DRII'CN, 'TEXAS 1.2.2 Comprehensive Automobile Liability: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: (a) A combined single limit of $500,000. 1.2.3 Comprehensive General Liability: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: (a) A combined single limit of $1,000,000. 1.2.4 Summary/Definitions: Summary The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. GI2 CITY OF DENIGN - EMILY FOWLER LIBRARY - DENICN, TEXAS Summary - Continued: Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non -renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from nay deductible provisions, corridor of self -insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that issued shall be subject to such approval by the Owner. Definitions 1. Additional Insured: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. Notice of Cancellation: Each policy shall require that thirty (30) days prior to the cancellation, non -renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium, only ten (10) days written notice to owner is required. 3. Contractual Coverage: (Liability assumed by the contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contactor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. Claims Made Policy Form: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one (1) year (to provide coverage for the warranty period), and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. GI3 CITY OF DaTICN - FMILY FC7VJLFR LIBRARY - DaUM, TEXAS Definitions - Continued: 5. Fire Legal Liability: (Required in all contracts that involve the occupancy, construction or alteration or buildings, contents (where applicable) and,permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of Liability is to be a minimum of $500,000. 6. Owner: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. PROJECT #31020292 PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY CITY OF DENTON NAME OF BIDDER: Almond Roof Consultants DATE: 3-24-92 MS. DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS DRIVE DENTON, TEXAS 76201 Dear Ms. Harpool: The undersigned, in compliance with your advertisement for Bids for Reroofing on certain areas of the following building: THE EMILY FOWLER LIBRARY 502 OAK LAWN, DENTON, TEXAS 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 $ 4.427.50 (.o5% bid bond) five percent (5%) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA #1L -7 Initial) ADDENDA #2: (Initial) ADDENDA #3: (Initial) P1 PROJECT #31020292 PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY CITY OF DENTON CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for Project #31020292 and 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 - THE EMILY FOWLER LIBRARY, 502 OAK LAWN, DENTON, TEXAS Eighty Eight Thousand Five Hundred and Fifty & 00/00 $ 88,550.00 UNIT PRICE PROPOSAL: 1. Remove and replace damaged concrete decking: $ 5.50 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 fill material: $ 1.75 per inch per square foot. 4. Install four (4) inch roof drain: $ 450.00 each. 5. Install four (4) inch cast iron drain line complete with all connections, elbows, etc.: $ 6.50 per linear foot. 6. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: $ 7.00 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): Hy -Load Base Sheet: Manville 28 lb. Glass Base Insulation: Manville Perlite Felt: Manville Type IV Bitumen: Manville or Trumbull (Type III) P2 PROJECT #31020292 PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY CITY OF DENTON 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: PROJECT #31020292 PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY CITY OF DENTON 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 RESPECTFULLY SUBMITTED BY Almond Roof Consultants TITLE Owner ADDRESS PO Box 292213 Lewisville, Texas 75029-2213 ( ) Corporation M 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) P4 CERTIFICATE OF INSURANCE 'DATE 04/22/92 ----------------------------------------------------------- ------- PRODUCER 'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIC VECELLIO INS. AGY. INC. IONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5177 RICHMOND S. 672 (HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOU, TX 77056-6736 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED ALMOND ROOF BOX 292213 LEWISVILLE, ---------------------------------------------------- COMPANIES AFFORDING COVERAGE I ----------------------------------------------------- ICOMPANY LETTER A AETNA ------------------------------------------------------------------ ICOMPANY LETTER B REPUBLIC CONSULTANTS 1---------------------------------------------------- �COMPANY LETTER C TX 75029 ----------------------------------------------------- ICOMPANY LETTER D ----------------------------------------------------- ±COMPANY LETTER E --------------------------- -------------------------------- COVERAGES ------------------------------------------------------------------------------- THIS IS TO CERTIFY THAT 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 ' ' ' POLICY ' POLICY ' LIMITS LTRI TYPE OF INSURANCE + POLICY NUMBER IEFF DATElEXP DATEI --- 1-------------------- V--------------- 1-------- V-------- 1--------------------- I GENERAL LIABILITY I I I IGEN AGG $ I COMMERCIAL G/L I I 1 IPROD AGG $ 1 OWNER&CONTRACOTOR51 1 1 1EARCH OCC $ 1 I I I IFIRE DMG $ 1 4 1 I IMED ---I-- ----- ------------------I---------------I--- I--------I---------$ - ---------- IAUTOMOBILE LIABILITYI 1 I I I ANY AUTO I I I ICSL $500,000 I I I I I ------------ --------- ALL OWNED AUTOS B X SCHEDULED AUTOS jTBD 14/15/92 14/15/93 CBI(PE_--------- S)$ X HIRED AUTOS - X NON -OWNED AUTOS I I I IBI(ACC)$L1 LIABILITY ---------------------- GARAGE f I I I (PROP DMG (EXCESS LIABILITY I I I IEACH OCC $ �[ ]UMBRELLA FORM I + IAGGREGATE$ [ ]OTHER THAN UMBR. I I I I f[ ] STATUTORY LIMITS A WORKERS COMPENSATION CG20996244CCF 9/1/91 9/1/92 EACH ACC $100,000 I AND 1 1 1 IDIS LIMIT$500,000 (EMPLOYERS' LIABILITYI I I IDIS EMPL $100,000 ,OTHER 1 1 1 1 I ! 1 1 1 1 { 1 1 I 1 I I ! -------------------------------------- ------------------------------- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE -ROOF EMILY FOWLER LIBRARY, 502 OAKLAND, DENTON, TX 76201 PROJECT #1348 CERTIFICATE HOLDER POLICY. ------------------- CERTIFICATE HOLDER ------------------ IS AN ADDITIONAL INSURED WITH RESPECTS TO THE AUTO CITY OF DENTON, TEXAS PURCHASING AGENT 901 B TEXAS STREET DENTON, TX 76201 CANCELLATION ---------------------------------------- 4SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E:PIR- fATION DATE THEREOF, THE ISSUING COMPAN'i WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN (NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH (NOTICE SHALL IMPOSE NO OBLIGATION OR ILIABILITY OF ANY KIND UPON THE COMPANY. ZITS AGENTS OR REPRESENTATIVES I-------- ---------____ ,AUTHORIZED REPRES4XTATIVE �� C/l «-L L De (e C E R T I F I C A T E O F I N S U R A N C E This certificate is issued as a matter of information only and confers no rights upon the certificate Issue Date 4/15/92 holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. PRODUCER MILTON O JOHNSTON AND COMPANY P. O. BOX 690229 HOUSTON TX 77269-0229 Code 1300 Aub-code 1 INSURED BERT ALMOND dba ALMOND ROOF CONSULTANTS P. O. BOX 292213 LEWISVILLE , TX 75029-2213 COMPANIES AFFORDING COVERAGE A:COLONY INSURANCE COMPANY B: C: D: E: C O V E R A G E S This is to certify that 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 herin is subject to aLL the terms exclusions, and conditions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIABILITY LTR DATE DATE THOUSANDS A GENERAL LIABILITY X Commercial General Liability GL1360053 8/30/91 8/30/92 General Aggregate S 1000 Products-Comp/Ops Aggregate f 1000 Claims Made Occurrence Personal & Advertising Injury $ 1000 Each Occurrence S 10D0 Owner's & Contractor's Protection / / / / Fire Damage (Any One Fire) $ 50 Medical Expense (Any 1 Person) S 5 AUTOMOBILE LIABILITY / / / / Combined Sing Le Limit f Any Auto TA LL Owned Autos Scheduled Autos / / / / BodiLy Injury (Per Person) $ Hired Autos Non -Owned Autos / / / / Bodily Injury (Per Accident) f Garage Liability / / / / f Property Damage EXCESS LIABILITY Each Occurrence Aggregate Other Than Umbrella Form STATUTORY WORKERS' COMPENSATION / / / / f (Each Accident) $ (Disease -Policy Limit) AND EMPLOYERS' LIABILITY $ (Disease -Each Employee) OTHER 1"1"811i! {J1,A1YG rt..,• VVL\11\L1V1V1\ u ..- JOB: RE -ROOF EMILY & WILL LIBRARY 502 OAKLAND DENTON TX 76201 PROJECT # 1340 --- CERTIFICATE HOLDER IS 14P.MED AS AN ADDITIONAL INSURED CANCELLATION : 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 below, but failure to mail such notice shaLL impose no obligation or liability of any kind upon the company, its agents or representatives. CERTIFICATE HOLDER 1- 8 CITY OF DENTON TEXAS PURCHASING AGENT 901 "B" TEXAS STREET DENTON , TX 76201- IVE ITC 1991 TEL No.713-850-7281 Apr 27,92 15:52 No.029 P.02 IN�UR6N(. f:: [11 rJi ll' f< " DATE' Thil'.• [']rll'>r.(: I`.• f': tE:AIF'uf-r:Rl' C:c'JNfRACT, c f 1E3: r GC:T TO 04/22/92 - ---'- 'PHE CUMDITItlNS VECE lr c OMPONY ON THE NEXT rAGE. IF 5177 RIC Iona Ar.i'r. IREPUBL.IC 5177 (ICI it•1ONIJ ; ;BINDER NO. L; . C.7Y 2 HOU, TX 77056 G,7_;6 t-.........- - -- -- Er- FE':TIVE S --..._ !........................ EXPIRATION TIME DATE UA7[: .. _ ___ � l Tr9C I 4/15/92 i 12.01 EX] � -.._.. -- --- I X- - AM 5/15/92 !F )f 1;;01-r M I ( ] 1hIIPt BINDER IS ISSUED NOON ,TO EXTEND COVFRACrE II`1 I......_ rJAt•IED COMPANY PER ABOVE' EXPIRING POLICY a BURTALMOND ALDDA IGE-SCRIFITION O(' OPERATIONS/VEHICLE/PROP(=R7'Y 191 CHEV PICK UP ALMOND #6273 ALMOND ROOF" CONSULTANTS � CON BOX 292213 LEWI$VILLE, TX 75029-2213 I I COVE CtAc;F.", ... .. ................._- LIMITS IYF IrJ:r:UI:AhJCG COVERAGES/FORMS Cl'' LOSSI AMOUNT l _.. I DkD. SCOI11a I I E 1 ]J I GEPJC:FtAL_ L-1A1?1L.I'1'i I .•--------__.._.-_---' JClifiMFftC.1(:I c;/I I I I I �GEN AGG ]L JC1AxF15 [ JRN(;rct IFROD AGG g ]ClEJ11P.kF.• ,3 t i)tI1RAC:TOr�S, I IPERS INJ $ I I EACII OCC s ]] r If?E;'I'( Cr f'lhl'Ei FlFt CE_Air15: J jrIRC DMG $ IMFD E'XP $ ANY AIJ'I' 0 I I c$L $500 , 000 Q, ALL OWNE!) AI.J1'U<; I (PE:RS )$ X SCHEDULED AU O<; I 18I (ACC:) $ X HIREJ) AUTO,; I (PROP DMG $ ,X NUN-OWNI.EI nuroE'. I MED FAY F ;rd2AC,l LI(V3'11.JTY r IPIP $ 2,500 lUM $500,000 I ,.Xj C OL L I': I ON f?t I i : 9-5U0 1 .i AI,.1.. VEHICLES [ J 5CF9EUULED I ACV -XIOW I (' DC D : 5CL I I ST At9T$ - I I OTHER __._..._ ... ------------ ] U! [;f:Cl. l._A f"ul;r1 I EACH OCC $ • I ]VINLR llii}i'J Itl'Esl','f.a.! A �RETftO DATE FOR CLAIMS; ...... IAGGREGATEs SEL 1 --INS $ _ _-.._y WOF."KER'S C:OPf(!f:fJ£•AhxOrJ I C-7S1ATU70F2'f L1r'tI'Fi r}Idl) I EACH ACC $ Er1f.lil`(F;R_,-L1)vn_ITY ' LIMI•T$ - iDIS DIS ( ____._._._....__..___--,--_------------------------- r-�tClf�l_ cDNUI r Ic�N�-;/r,-(r�ICTIONs/o•rHEF', Cov�RAGEs _ -- :GURIIY BANK :,31 CROSST11-IERS _OWERMOUND, TX 7SO2e I I [ MORTGAGEE [ 7ADDITIONAL INSURE't; I I [Xi LOSS PAYEE [ JJ I (LOAN # --- - -- I I I IAUTHORIZED REPRESENTATIVE (r.�IIt.illuGj oil next. Pavo) IRS-Alti°, t