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HomeMy WebLinkAbout2008-038ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR ROOF WORK AT NINE CITY OF DENTON FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3915-ROOF WORK AT MULTIPLE LOCATIONS AWARDED TO THE LOWEST RESPONSIVE BIDDER MEETING SPECIFICATION FOR EACH SECTION FOR A TOTAL AWARD AMOUNT OF $424,715. 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 1. 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: ITEM NUMBER CONTRACTOR AMOUNT 1 Progressive Roofing $ 7,900 2,3,5,6,9 Weatherproofing Services $144,338 4,7A BRI Roofing $130,700 8 Roof Management Services $141,777 SECTION 2. 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 3. 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 4. 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1"L6f, day of ,,-�2008. ff ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0 - id 3915 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of February A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Weatherproofing Services 2336 Oak Grove Lane Cross Roads, TX 76227 of the City of Cross Roads and, 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 attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3915 Roof Work at Multiple Locations -Item 2City Hall, Item 3 Civic Center, Item 5 Fire Station 5, Item 6 Fire Station 6, Item 9 Visual Arts Center. in the amount of $144,338 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and 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. and City Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terns and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of l% or greater occurs, the reasonable cost of the audit, including any travel costs, must be home by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be'a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and 'other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. Citv of Denton O U (SEAL) ATTEST: r _ CONTRACTOR pro\je- Lhe- (�.ross Ro"s,-EK-7Laa7 MAILING ADDRESS r)3�-�2aaa PHONE NUMBER qua.-T-?�1-9aka s (� FAX NUMBER \ BY: TITLE APPROVED AS TO FORM: PRINTED NAME (SEAL) TY ATTORN CA-4 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Weatherproofing Services whose address is 2336 Oak Grove Lane Cross Roads Texas 76227 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED FORTY FOUR THOUSAND THREE HUNDRED THIRTY EIGHT AND 0/100 DOLLARS 144 338) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-038, with the City of Denton, the Owner, dated the 19a' day of February A.D. 2008 , a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of ATTEST: PRINCIPAL BY: SECRETARY ATTEST: BY: IC 1 PRESIDENT SURETY BY: ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) A PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Weatherproofing Services , whose address is 2336 Oak Grove Lane Cross Roads, TX 76227 hereinafter called Principal, and a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED FORTY FOUR THOUSAND THREE HUNDRED THIRTY EIGHT AND 0/100DOLLARS ($144,338) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008- 038, with the City of Denton, the Owner, dated the 19u' day of February A.D. 2008, a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of ATTEST: PRINCIPAL BY: SECRETARY ATTEST: BY: PRESIDENT SURETY BY: ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: QIVIL STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) CITY OF DENTON 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. 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: • 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. • 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. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • 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. he inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICYI SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED': • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and,lwithout 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. • 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. • Should any requ payments origin receives satisfactc effective as of the option, terminate fired insurance lapse during the contract term, requests for Ling after such lapse shall not be processed until the City ry evidence of reinstated coverage as required by this contract, lapse date. If insurance is not reinstated, City may, at its sole his agreement effective on the date of the lapse. Cl- 10 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. [X I A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include Coverage C, medical If the Comprehensive General Lial ISO Form GL 0404) is used, it shall Bodily injury and Property and completed operations, resulting from explosion, c Broad form contractual 1 contract, personal injury [XI Automobile Liability Insurance: injury. is not required. form (ISO Form GL 0002 Current Edition and de at least: ;e Liability for premises, operations, products ident contractors and property damage or underground (XCiJ) exposures. (preferably by endorsement) covering this and broad form property damage liability. Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,006.00 either in a single policy or in a combination of basic and umbrella or excess policies. I 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: • any auto, or • all owned, hired and non -owned autos. [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 $100,000 for 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 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a [ ] Fire Damage Legal Liability Insurance aggregate. Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Cl - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket' basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Cl - 13 ATTACHMENTI JX] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Cl - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 11 Name of person doing business with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 1 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 01/1 MUM CIQ - I CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B. C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? - E] Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? E] Yes F--] No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Date amended cinarzoW CIQ - 2 QR!GINA PROPOSAL BID No. 3915 TO THE CITY OF DENTON, TEXAS FOR ROOF WORK AT MULTIPLE FACILITIES IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidderalter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PAGE P-1 OF BID #3915 JAN. 25 '08 (FRI) 17:43 CITY OF DENTON PURCHASING 940 349 7302 PAGE.3/7 BID PROPOSAL - REVISED 1-2&206 CONTRACT DOCUMENTS: Having examined the Proposal, Contract, General Instructions. Materials, Execution, and Drawings for Project No. 3915 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: BASE BID 1- CHILL TOWER Work shall include tear oft to deck. mechanically fasten specified base street, fully adhere three inches (7) polyisocyanurate insulation, fully adhere 25W' wood fiberboard insulation, install three plies fiberglass fens and coat -tar elastomeric membrane with flood coat and gravel. AD installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines, O / BASE BID 2 - CITY HALL MAIN AREA B Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to. all seams In the field, flashing details at horizontal and vertical seams, penebraations, curbs, and fasteners. At work shall be performed per these specifications. osf—ADIJSlm/ f.u,s BASE BID 3 - CIVIC CENTER AREA B Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, gashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be pelfomned per these specifications. 4t P /�yrx/roc aiAti . r` 7= S_ /oir Y!/Aie //Svn i BASE BID 4 - FIRE STATION 03 AREAS A and B Work shall include tear off to deck, mechanically fasten three Inches (31 poylaocyanurate insulation, fully adhere 25/32" wood fiberboard insulation, install three plies fiberglass lefts and coal -tar slastomeric membrane with flood coat and gravel. Additional work shall include provide and Install three new drains, replace existing plastic drain bowls with 4" cast iron bowls, fir out rise wag with lumber and vertical metal panels, and provide and install new conductor heads and downspouts. All installation shall be as per NRCA, SMACNA, ANSIISPRI, specifications, details and manufacturers guidelines. Area B: Additional work shell include providing and installing furring out of wall from Area B to Area A with'/: exterior grade plywood and Installing metal panel system on low profile hat channel with -W panel design. BASE BID 6 - FIRE STATION #5 Work shall include proper Preparation of metal substrate to receive new elastomeric roof costing system. Substrate preparation shall Include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. Ali installation shall be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY -COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. S. /j(?r%mo BASE BID 6 - FIRE STATION 06 Work shall include proper preparation of metal substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers guidelines, THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL 13E FURNISHED AT NO CHARGE TO THE CONTRACTOR, /.n. 2Q%e;�- PAGE P-2OFBID p3915-REVISED JAN�25 '08 (FRI) 17:44 CITY OF DENTON PURCHASING 940 349 7302 PAGE.4/7 BASE BID 7 — MARTIN LUTHER KING JR. RECREATION CENTER Area Work shall include posting to top layer of existing insulation, verify and ensure fastening pattern to code, Installing 23/32" wood fiberboard insulation, Install three plies fiberglass felts and ooak er elastomeric membrane with flood coat and gravel. All Installation shall be as par NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturers guide5nes. $ AZ2 ALTERNATE BID 7A— MARTIN LUTHER KING JR. RECREATION CENTER Area A Work shall include tear off to deck, fury adhere three Inches (3") polyiaocyanurate insulation with polyurethane adhesive, fully adhere 25/32" wood fiberboard insulation with asphatt, install three plies fiberglass felts and coal -ter elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications. details and manufacturer's guidelines. ALTERNATE BID 7B— MARTIN LUTHER KING JR. RECREATION CENTER Area B: Work shall include proper preparation of metal substrate to receive new elastomeric roof coaling system. Substrate preparation shall include, but not be limited to, all flashing details at horixontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturers guidelines. /i1Q2lLS�111�1���L'CY�cc4� BASE BID 8 —SENIOR CENTER C Areas A. B. D and I: Work shall Include spudding of existing roof, mechanically fasten vented base sheet, fully adhere 1.8" polyisocyanurata/perlite composite Insulation, Install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. Associated through -wail flashing and expansion joints shall be raised to accommodate new insulation. All Installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturers guidelines. Area C: Work shall Include tear off to deck, mechanically fasten specified base sheet, fully adhere 25/32" wood fiberboard, install three plies fiberglass felts and ooaFtar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers _ BASE BID 8 — VISUAL ARTS CENTER ` Areas A, B, C, D, and E: Work shall Include proper preparation of substrate to receive new elestornedc roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be performed per these specifications. OO UNrT PRICE PROP08AU 1, Remove and replace damaged metal decking: per square foot. O 2 Remove and replace damaged wood decking: $ per square fool 3. Additional cost over and above ❑r contract amount for replacing wat fill material: $zlM^ per square foot (nominal thickness of 311. 4. Additional coat over and above fir corAM0 amount for replacing wet insulation: _ per square loot (nernimrl thickness of 2"). a. Remove and n4*ce deterrorstsd ns$ers: $ , per board foot & Install four Inch (4") roof drain: $ WO each. �r�Cb 7. Insmll four Inch (4") cast iron drafn line complete wM all connections, albows, etc.: $3a' per linear foot. S. Additional cost over and above the contract amount for weekend or overtime requested by the Owner $/ 5 00 cost per man per hour. PACE P-3 OF BID #3915 - REVISED JAN.25 '08 (FRI) 17:44 CITY OF DENTON PURCHASING 940 349 7302 PAGE. 5/7 P_raauapficat : Contractor shall submit and/or answer the following: 1. Contractor shall submit documentation 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 Initlal 2. within the last We years, has legal action, Including, but not limited to, deceptive trade practices suits, been taken against your company for failure to perform work property or for not completing a project? Yes_ NUL If yes, attach a separate sheet of explanation. 3. Within the last five years, has your organization or any officer/partner of your organization ever been an officer/partner of an organization Bud failed to complete a construction contract? Yes __,_ No KC . 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_ No If so, attach a separate sheet of explanation. 5. Attach an AIA 1 pcwment 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 a cuRW year and review 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. The City of Denton reserves the right to award this work in its beat Interests, and to that end may award all proposals to one contractor, or separate the proposals and award to multiple contractors. Upon receipt of Notice of Acceptance of a proposal, within thirty (30) calendar days of the date of this proposal, I (or we) agree to execute the formal contract within tan (10) calendar days thereafter, and to deliver an Insurance Certificate, a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND and a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, as required. 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 of time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to Immediately sit dawn with the City of Denton Representatives and present a plan that will Illustrate how progression of work Is to take place to ensure completion of all work within specified Oft limits. The time knits are as follows_ If a Contractor is awarded a project, project must be completed in a limey manner with production averaging 1500 square feet per day minimum from mart date or Contractor will be subject to liquidated damages as set forth below. 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 fime 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 Rem shall be construed as prohibiting fhe company from working on Saturdays If R 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 FIVE HUNDRED DOLLARS ($500.00) from the amount to be paid to the undersigned for each calendar day that the work contracted 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. PAGE P-4 OF BID #3915 - RMSED JAN.25 *08 (FRI) 17:45 CITY OF DENTON PURCHASi NC 940 349 7302 PACE.6/7 1(or we) agree to promptly furnish a correG and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and Owner/Project Consultant, if same is required. 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 Hated in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorb and to execute this eonbect Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which erica under the antitrust lows of MG State of Texas, Tax. Bus. & Com. Code, Section 15.01, at seo. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 datsd_�a. 25 ZdOq Received a•� Addendum No. 2 dated ^—� Received Addendum No. 3 dated Reoeivad Addendum No. 4 dated Received Addendum No. 5 dated Received Z3 Gn L Sheet Address Noss �oGds )76ZZn City and State seal & Authorization (if a Corporation) Telephone PAGE P-5 OF BID #3915 -REVISED VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non- resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in to be attached. Non-resident bidders in required to underbid resident bidders. (give state), our principal place of business, are required lower than resident bidders by state law. A copy of the statute is (give state), our principal place of business, are not B. Our principal place of business or corporate offices are in the State of Texas: COMP�— BY Z334 OAl< Cf+ La. ,c__ Street Address C,1b5s ��4,, �X GZ-Z-7 City and State THIS FORM MUST BE RETURNED WITH YOUR BID PAGE P-6 OF BID #3915 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: —�V ise.�'N e.� nl�oo��nc )eNiGGS COMPANY'S F C)cj< Qetovi Lo c. Street Address Cross �hoao�c X 7�7-Z-7 City and State THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. PAGE P-7 OF BID 03915 PEKYORMANCE BONI) Bond No. 4367093 SIATF01`'TEXAS 4 COUNI'Y Ol' DFNTON p KNOT AI,l, MEN BY "I III SL' PRI 51'.N'1 S: ] hat Weathcrrnaoiit LScTvIc s ✓ 111101e addre..ss is 2.136 Oak (irme Land rnss Roads leads 76227 hetwnatier ctllcd Principal, and SureTec.lnsuram CornpanL✓ a corporation organized and existing under file laves of -the State of_JeXa and Billy aulhOcized to transact business in the State of Th Xas. as Sureh', are Ilctd and iirmlv bound unto the City al Dentrru, a municipal corporation organized and existing under the laves of the State of 7 exas, hereinafter called Owner. in the putut sum OI ONli HUNDRED INDRED 1 (t I-Y 101.'R Tt101 ]SANll 7 HRLL FII.NDRP.D 11'11RTY I161IT AND 0/I00 DOI.1,:VZS S1a4 33ff plus ten percent tittilt stated panes sum as an additional sum nfmoney representing - court expenses, attorneys' tees. and liquidated damages arising out u(or connected with the below identified (�ontract, in levafol mnnev of the. United States. to be paid in Denton County, Texas, li)r the payment of which sum %Sell and tail h) he merle., we hcrrhv hind ourselves.our heirs. executors, administrators. successor:,, and asyiµnS_ .loinll.v and scecrally. htntly by these pn t-ills. This Bond shall aulnivaticnlly he increased by the mnount of am) Chance (hdcr or Supplemental Agreement. which increases file Contract price. bill if? nu rvcnt cha11 a Chanfrc Order or Sulip)cmcnt;l Ag,rccmcut. vvhidl reduces the Contact price, dCCTe:1SC the penal SLIT)) of this Bond. flits. (IBUGA HON 10 PAY SAMG is ecauiiiioned as tollows: l ticrurs. the princip;a entered into a certain Contract. Iduttiiied by Ordinance Number ?0(lS-UiB, with the C,itc of llcnum, the t)wnur, durod Ihu 19" df e .tv of bT LMTv A D. 200S r/ a copy uJ' which is huruto anachcd and made a pun hereof, ibr Bid 39I5 k �n_:Vuhiplt_I�oc_ttiwrs�� NOW. Hill 'RJ�:FORE, if The I'rincipal shall wall, Intl-- earl laiihii0ly perform and fulfill :ill of the unidermkils, covenants, teens, conditions and agreements of said Cotttnut in accordance with file Plans. Spceilications anal Contact DP6mnenlS during tic oriuimd term Ihcrcol and :upv cslension thereof which ntav be grimed by the. (Miler. with or without notice to the Surely, auui during the life of any guaranty or warranty required tmde.r this (:xnnract. ❑nd .hall aka rvell and tiny Imf ono and Jnll)II aft the uudertnkings. covenants, terms, conditions and aere::mcnts of any and all dUIV authorized nwdificalions o1'said Contract Ihai ntav horr,dir-r he made, nolicc of which In diticalions to The SurelN being hereby waived; and, it the principal Shaft repair and/or replace all deieets (tile to faulty meter tads and workmanship That :yrprar within a period of hero QT Scars from the date of final cou)plelion and Jinul acceptance of file W'nrk her the Of+'net ; and, if the Principal shall Culp• indemnify and save hannlcss file Owncr Irmll all cu<t< and damm�`c.v MIMI ONIM ntay sulfer by reason oftailun Io so perlurnr hrrcin and shall fully reimburse and nvpay l)wr1CI all oulluy and cxpenx which The Owrwr may fact in makinN.g }:�,od any dcl;ndt or dclkiency. then thin ohlieu(iorl shall lie void; olhenvise, it Shall remain it) lid] IbrLe and cffeel. PB-1 PROVIDFA) PIIItTIdIiR, that il'any Iegal action be Bled upon this Bond- CNCInSIVe venue shall Iic in I)ento[I Counh'- Slow of7asas. AND PROVIDF,D FUR 'I'l l]iR, that the said Suroy. I'or value received, hereby stipulates and agrees that no chang,c, emcusion ol'till, c, alteration ur addition to the terms of the Contract, or w the Work to be performed thereunder. or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise aflect its obligation on this Bond, and it does hereby waive notice of any such change. catension of time, alteration or addition to the. terms of the C'.ontrlct. or to the Work if, he performed thereunder, or to the Plans, Specifications, Drawings, etc. -11'1is Bond is given pw'suIII t to the provisions of Chafit er'?-53 of' tlie 'Texas Government Code, as amended. and ally other applicable statutes of the Stale Of Texas. The undersigned ;md designated agem is hereby designated by the Soren' herein as the Resident Agenl in Dcuwn County to whom mry requisite notices may be delivered and on whom .iQI'VICC of process inay be had in nnuters arising out of such >tn'etyship, as provided by Article 7.19-1 of the htsumnce Code, Vernon's Annotated Civil Slatutcs of tile State of Texas. IN Wfl'NESS WI III:RIi(*, this instrument is executed in lour copies, eaolt one of which ,hull be deemed ❑n oti;,ina), this the 19th.day o1' February_, _2008✓,.___._.- Iffl sI LC /l I 1 I'A l�t 1'I-11..' f; � it PRINCIPAL. Weatherproofing Services PRI�SIDILN'f 'it JRFIY SureTec I ranee Com a y - Orvil Coborn .I I I ( )RNI:.I -I N-I AC, I 7lte Resident apcm "d the Surat in Denton (okl nv, Texas for delivery of notice and scn'ice of thu process is NAM : __-Sovereign Insurance Group___^_ S H)FE I' A01)RI'SS: 14860 Monfort Dr., Suite 150, Dallas, Texas 75254 (AOIL Ane r,1 Y.rAn m'lm Awd muv i,• J,u,• a/( owlel;:t. 11 Rr±r, d+!qt Arent it nor a 1'rnYunrt1mr. i;irr e/ prrcnu's nwin i Pli -'. 1�V PAYMENTBOND Bond No. 4367093 ti fA I I{ OF I'1'.XAS COIIN I'l' OPDL;NTON F KNOW AI.L 411 A IlY "ICI If ST I'RFS N I S. That Wuatharoruuline Si cs whose address n23 0 OA l.lrovr t toncc Cross hu tds.'P\ 76227 heft m Hier called Principal, and SureTe0risvirance Compdny_' + Cnrprnatiun organized and existing under the lases of the. SMIC, of TPxaS----- _._._— ---- ---------------._-.----_____,;md lolly milhorized to transact business in the State of Texus, its Surety, are held and firmly bound unto the City of Denton, a municipal corporation or nizcd and existing tinder the laws of the State ofTexas, hereinafter culled Owner, and unto Lill persons, limns, ;md anpordions who may furnish materials for,, or perRvm labor upon, the building or improvements hereinafter referred to, in the penal sum of ONI I II I ;DRL D hOR f Y 1'()UR THOUSAND '111RILF HUNDRED THIRTY EAG11T AND Q 100DO11.1RS (S144_`i1U1ll Invhl munev of the United States, to be paid in Denton, County, I cxas. for the pavutcmt of t+hich sum well and truly bt be made, we hereby hind ourselves. our heirs, exeanurs, a ITTImisuators.. successors. and assigns, jointly and severally- firmly by these presents- toms liond shall auWntatiCAIN be increased by the amount of anv Changc Order or Supplemental Agrcemcm which incrcuses the Contract price, but in no event shall u l:hmtgc Order or Supplonlemil Agreement which reduces the Contract price dec•reasc thc peunlstnn ofthis Bond. I IlG UfiLIGA'IION'I'() PAY SAINIF is conditioned us Billows: Whereas, the Principal MICICd into a certain C'ttnuMct. idvntificd by Ordin❑lice Numbor 2008- 038, with the City of Demon. the Owncr, dated the 19'�Line of�hntary _ A.D 20(13.�copy of which is hereto attached and mink: a part hueuf, lot _ Bid 3915 Roof Work ilt Aluh,iplc Locations_ ✓ NOW. I'III:a:Iil ORIf.. if the Principal sh:dl well, n'uh end iailhtidly perform its duties and make prompt pirmenl In ;ill persons, firms, suhconlracmrs. corporations and claimants supplviug lahol andror material it) the Ill >sceill wrl ul the Work provided for in said Contract Lind ;anv ;mil Lill dud)' authorizc(1 nxxlificatiuns of said Contmet that may hereafter be made_ notice of n-hich modilicafions 10 the SunA he•ing hcrchy expressly wuivcd. then this obligation shall be void; otherwise ii shall remain in lull litrc•e;md cffuct. IARON,IDH) I I:R I'] II:IZ- Ihut if env legal action he filed on this Bond_ exclusivc wane• shall lie in Denlnn (:punt_. Icxas. AND PROVID[d) PIIR I J I1J:, Otm the said Surety, lirr viduc received, hereby stipulates :mti agrees that nn chsmgc. exicnsion ul lime. alteration or additiun to the terms of line Conu;act- m to fhe Wurk to be perfonncei Ihereundcr, ur lit the Plans, Spccific:nions. I.)ctwings, etc.. ucconnpanvimu (lic sate, shall in anywise :Iffecl its obligation on this frond, :md it dues herehe vvMVe n(41ie of ZIM such chanrc, csten•=.ion ill' lime, ;lhcration ur addition In the terms of the (;onlract, of to the Wgrl,- uA he perlitrmcd Ihcrvundcr. or o+ the Plans. Spccilii::nions, DI':1vv'1nL5. crc. 'Phis Bond is tiven pursuant to the provisions of Chapter 2253 of the •hexas l3mumn col Code, as amended, and any other applicable simums of the We or'fexas. The undersigned and designated agem is hereby designated by the Surep• herein as the Resident Agcnl in Denton County to wham any reyuisile notices may be delivered and on whom service of process may he had in,maners arising out of such surety, its pi'nvided by Article 7.1 V-1 of the Insurance Code, VcrmnA Antumacd Civil Statutes of the State of Texa.-s. 1N t'< I I N1:SS N 1 IL'RL'OF. this instrunlent is aeecuted in fora' i.opics �aoh one of Much shall he decn ed an original. this the 191h day of Eehruary__ • _2008_- A'I`IT:ST: liiY--�EYicr. --- -- ----F'-'-------- '1�("Rlil';�Rl BY PRIN(:IPAL Weatherproofing Services BY: ✓ 1IR SIDE NI` — -- --- SI1RF Y _SureI nce Corn ano�y._-_-___ 1!. BY: Orvil Coborn A'I-MRNI':Y-IN-BACT- Phe Resident Agent of the Surety in Denton Coumy,'I'mis Rtr deliveryof notice and service of . this process is: V AME: __ Sovereign Insurance GroVp S 1 RILE l ADDR FSS: 14860 Monfort Dr., Suite 150,_Dallas, Texas 75254 I NOTI., 1hac of PaPnnmt Bnrzd must ht• dote of Conlroo, lT Resident Ageni is our it corpuruli>rt, ;'iie a persun'.r re;m7c<.i �1 S POA n: 4367093 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANYtt6e "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Orvil Coborr>✓ of Dallas , Texas its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: weatherproofing Services, LLC,,/ Obligee: Cityof Dentnv / Amount: S144,338.00 d and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be hinding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. / SURETEC INS TC COMPANY ,✓yOPANC� By: t B.J. King r sident State of Texas ss: ��\ 1 'Y County of Harris On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Notary Publla • state of Texas Li [yIZiA U, 43L �l �l1 /y f"forn*� My Commission Expires Michelle Denny, Notary Phblic August 27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a it 'and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the of of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 29th day of —e February 20 os , A.D. M. Brent Belfty, Assistant Secretary Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ,m%eyr u Lii 1 IrII.H 1 G Ur LIHC71L1 1 T 1140UKHI4I+t 1 02/29/2008 PROOUC'R � 972)490-8800 FAX (972)490-2255 Sovereign Insurance Group, Inc. Prestonwood Pond II 14860 Montfort Dr., Suite 150 Dallas, TX 75254 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Weatherproofing Services LLC �/ 2336 Oak Grove Lane / ��p� Crossroads, TX 76227 ���� INSURERA. First Mercury Insurance INSURERS: American States insurance Co. INSURERc Great American E&S Ins. Co. INsuRERD. Texas Mutual Insurance Company INSURER E. COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Ii TYPE OF INSU E POLICY NUMBER P UCCY EFFECTIVE DATE (MMIDDNY) POLICY EXPIRATIONJim DATE Mi LIMITS GENERAL LIABILIry FMTX003585 11/30/2007 07/07/2008 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POi JEPRCTO LOG AUTOMOBILE LIABILli ANY AUTO 01-CG-857534-3 07/20/2007 07/20/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS ✓ HIRED AUTOS ✓ NON -OWNED AUTO X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS/UMBRELLALIABILITY UM 5612198 07/07/2007 07/07/2008 EACH OCCURRENCE $ 2,000,000- OCCUR El CLAIMS MADE AGGREGATE $ 2,000,000* $ C $ DEDUCTIBLE X RETENTION $ 10,00 S WORKERS COMPENSATION AiTSF000115589 04/07/2007 04/07/2008 WC STATu- i TST D EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED' E. L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is Additional Insured where required by written contract on the General Liability and Auto liability policies policy follows form. Certificate holder is granted a Waiver of, u where required by wrtten contract on the General Liability, Auto Liability and Workers Compensation policiesfoverage is primary.✓Policies are endorsed with 30 Day notice of cancellation in favor of certificate holder except in the event of non-payment of premium. g/ CFRTIFICATF HOI nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30-15AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Denton, its Offici a lb Agents, Employees and volunteers ✓ BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 215 E. McKinney St. OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Denton, TX 76201 Michael Sterlacci/GMITCH ACORD 25 (2001/08) CACORD CORPORATION 1988 v v I, IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2001/08) CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of February A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Roof Management Services Inc 2817 National Drive Garland TX 75041 of the City of Garland, 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 3915 Roof Work at Multiple Locations -Item 8 Senior Center in the amount of 141 770 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and 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. and City Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA -I 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be bome by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be home by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written._ ATTEST: ATTEST: APPROVED AS TO FORM: i z XTY ATTORNEY CA-4 City of Denton OWN BY: F7E CONT CTOR Roof Management Services, Inc. 2817 National Dr. Gar+lAnd, TX 75041 MAILING ADDRESS 972-278-7277 PHONE NUMBER 972-278-7279 FAX NUMBER BY: President TITLE Brad Wagnon PRINTED NAME (SEAL) CITY OF DENTON 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 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.• • 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. • 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. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • 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. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITI) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". • Should any of the 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. • 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. • 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. CI-10 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. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. 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: 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. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [XI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 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: any auto, or all owned, hired and non -owned autos. CI_ 11 JXJ 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 $100,000 for 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 110.110 of the Texas Worker's Compensation Commission (TWCC). [ J Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a _ [ ] Fire Damage Legal Liability Insurance aggregate. Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ J Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Cl - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket' basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: CI-14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; . and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Cl - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carver or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. Roof Management Services, Inc. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. NONE 4J Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. NONE Amended 01/13/20as CIQ - 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes F7 No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. NONE Signature of person doing business with the governmental entity 3-13-40K Date CIQ - 2 F .ndW 01/1 MOOS I�OGT r(ic,1�a�Me�1 s� ("J T ORIGINAL PROPOSAL TO THE CITY OF DENTON, TEXAS FOR ROOF WORK AT MULTIPLE FACILITIES IN DENTON, TEXAS BID No. 3915 The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PAGE P-1 OF BID #3915 JAN. 25 ' 08 (FRI) 16:38 CITY OF DENTON PURCHASING 940 349 '/3U2 BID PROPOSAL —REVISED 1-2&208 CONTRACT DOCUMENTS: Having examined the Proposal, Contract, General Instructions, Materials, Execution, and Drawings for Project No. 3915 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: BASE BID 1— CHILL TOWER Work shall include tear off to deck, mechanically fasten specified base shoot, fully adhere three inches (31 poyisocyanurats Insulation, fully adhere 25/32" wood fiberboard insulation, Install three plies fiberglass felts and coahtar elestomeric membrane with flood coat and gravel. All Installation shall be as per NRCA SMACNA ANSUSPRI, specifications, details and manufacturses guidelines. SiPITEPI fitsuswaf07WO 14AA1DPED AMb oohoo D0I1495 2w.°' iL SEE AITEM 114A E IS IC BASE BID 2 - CITY HALL MAIN AREA B Work shall include proper preparation of substrate to receive new elastomerlc roof coating system. Substrate preparation shall Include, but not be limited to, all seams In the field, flashing details at horizontal and Vertical seams, penetrations, curbs, and fasteners. AN work shall he performed per these specifications. No BID BASE BID 3 - CIVIC CENTER AREA B Work shall include proper preparation of substrate to receive new slastomerlo roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. AN work shall be performed per these specifications. NO J31P $ BASE BID 4 — FIRE STATION #3 AREAS A and B Work shall include tear off to deck, mechanically fasten three inches (37 poyisocyanurate Insulation, fully adhere 25/32" wood fiberboard insulation, install three plies fiberglass fefts and coal -tar elastomeric membrane with flood coat and gravel. Additional work shall include provide and Install three new drains, replace existing plastic draln howls with 4" cast Iron bowls, fir out rise wall with lumber and vertical metal panels, and provide and instal now conductor heads and downspouts. All installation shall be as per NRCA SMACNA, ANSVSPRI, specifications, details and manufacturers guidelines. Area 13: Additional work shag include providing and installing furring out of wail from Area B to Area A with %7 exterior grade plywood and Installing metal panel system on low profile hat channel with -M" panel deaign. v Nwo, F1urlueeo Sg�Alry rfA►/b oo�oo DOLLARS s 440 5i75. 00 BASE BID 5 — FIRE STATION #5 Work shall include proper preparation of metal substrate to receive new slastomerle roof coating system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs. -and fasteners. All Installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY— COATING MATERIALS VALL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. No BI1 e BASE BID 8 - FIRE STATION as Work shall Include proper preparation of metal substrate to receive new elastomeric roof coating system. Substrate preparation shag include, but not be limited to, all flashing details at horzontal and vertical seams, penetrations, curbs, and fasteners. All installation shag be as par NRCA SMACNA, ANSUSPRI, specifications, details and manufacturers guidefines. THIS OUOrE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL 13E FURNISHED AT NO CHARGE TO THE CONTRACTOR. PAGE P-2 OF BID #3915 - REVISED ALrex*JATE. 5;b FOOL 64ILLIOV44Z Duff F-Wqsf- I31D Fog THt CHILL Trdc2 i5 4IZ,607,cn iF AwAi2.4eo irl COMf)j?.& j04 WiTTH /uSOT}1ER rAGLiTrI., JAN.25 'Oe (FRI) 16:39 CITY OF DENTON PURCHASING 940 349 7302 rnuc..ei-1 BASE BID 7 — MARTIN LUTHER KING JR. RECREATION CENTER Area A Work shall include peeling to top layer of existing insulation, verify and ensure fastening pattern to code, Installing 23132" wood fiberboard insulation, instal three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers guidelines. No BID ALTERNATE BID 7A — MARTIN LUTHER KING; JR. RECREATION CENTER Area !l Work shall include tear off to deck, fully adhere three Inches (3') pol isocyanurate Insulation with polyurethane adhesive, fully adhere 25/32" wood fiberboard insulation with asphalt, Install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSIISPRI, specifications, details and manufacturers guidelines. ALTERNATE BID 7B — MARTIN LUTHER KING JR. RECREATION CENTER Area B: Work shall include proper preparation of metal substrate to receive new elestomeric roof coating system_ Substrate preparation shall include, but not be limited to, all fleshing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. rJo BiD $ BASE BID 8 — SENIOR CENTER Areas A. B. D. and I Work shall include spudding of existing roof, mechanically fasten vented base sheet, fully adhere 1.T polylsoeyanurate/perige composite Insulation, Install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel Associated through wall fleshingand expansion joints shall be raised to accommodate new insulation. All installation shell be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturers guideines. A, rea C: Work shall include tear off to deck, mechanically fasten specified base sheet, fully adhere 25132" wood fiberboard, install three plies fiberglass felts and eoakar elastomeric membrane with flood coat and gravel. All ,,II1nstallation shall be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturer's guidelines. Ale ItUAle Zo 6R"7Y t!jJfTtfewisg0 SeyOp/ 9twe rep —Sgtn /, Ai4 wA., —s 14 I 1 -70. 00 BASE BID 9 — VISUAL ARTS CENTER Areas A. B, C. D, and E: Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shag include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. AD work shall be performed per these specifications. �rGIirYTvJoTHoctSwr,jr7 SEYEnj F9.r�1PR7E0 AnID no�10o Do IL9az..5 �BZJ'70f7. °O UNrr PRICE PROPOSAL: me�7 1. Remove and replace damaged metal decking: i_1_ per square foot. 2. Remove and replace damaged wood decking: S (O par aquarefoot 3. Additional cost over and above the contract amount for nePleoing wet f91 matadal: S 2 •� per sgwrs toot (nominal thickness of 3-). 4. Additional coat over and above the contract amount for replacing wet bpulaticn: 5 1.q5 per aquarefoot (nornlml tlnlala ese of n e. Ranow and rq,4w gslerloratsd milers: t 3, 35 per [ward foot ti. Install four Inch (4") roof drain: 511,�a';ach. T. Install four inch (4) cast iron drain line complete with all connection*, slbows, etc.; $,24250porlinewfooL 8. Additional coat over and above the contract amount for weekend or overtime requested by the Owner. 9 -T2 •� tout per man per hour. PAGE P-3 OF BID f♦3915 - REVISED 1AN.25 '08 (FRI) 16:39 CITY OF DENTON PURCHASING 940 349 7302 PAGE.5/7 Preouallfu ations: Contractor shall submit and/or answer the fallowing: 1. Contractor shall submit documentation with their proposal to indicate their specific qualifications to perform the Specified work, including, but tied to, all public entities in the State of Texas where said company has worked. Contractor Initial 2. Within Me last five years, has legal action, Including, but not limited to, deceptive trade practices suits, been take a rest your company for failure to perform work property or for not completing a project? Yes No If yes, attach a separate sheet of explanation. 3- Within the last fire years, has your organisation or any officer/partner of your organization ever L�eeaerl� an officer/partner of an organization that failed to complete a construction contract? Yes Nowt/. if so, attach a separate sheet of explanation. 4. Within the last fi e is, has your organization or any offlcer/partner of your organization filed for bankruptcy? Yes No if so. attach a separate sheet of explanation. S. 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 a current year end review 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_ The City of Denton reserves the right to award this work in its beat interests, and to that end may award all proposals to one contractor, or separate the proposals and award to multiple contractors. Upon receipt of Notice of Acceptance of a proposal, within thirty (30) calendar days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) calendar days thereafter, and to deliver an Insurance Certificate, a ONE HUNDRED PERCENT (1000A) STATUTORY PAYMENT BOND and a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, as required. 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 of 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 enswe completion of all work within specified time omits. The time limb are as follows: If a Contractor is awarded a project, project must be oompWW in a timely manner with production averaging 15W square feet per day minimum from start date or Contractor will be subject to liquidated damages as set forth below. 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 woof permit the performance of the principal units of work underway for a continuous period of not less than seven (7) tours between 7,00 A.M. and 6:00 P.M. For every Saturday on which the company chooses to work, one day win be charged against the working time when weather conditions will permit seven (7) hours of work as delineated above. A principal unit of work Shan 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, dm will be chharged 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 FIVE HUNDRED DOLLARS (3500.00) from the amount to be paid to the undersigned for each calendar day that the work contracted 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 tenure of the undersigned to complete the work at the stipulated time, and is not tv be construed in airy sense as a penalty. PAGE P-4. OP BrD 113915 - REVISED JAN. 25 '08 (FRI) 16:40 CITY OF DENTON PURCHASING 940 349 '13UZ 1(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 OwnedProject Consultant if same is required_ In the event of the award of a contract to the undersigned, the undersigned wall furnish a performance bond and a payment bond for the full amount of the contract to secure proper complianca 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. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which ante under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus- B Com. Code, Section 15.01, at Receipt is hereby acknowledged of the following addends to the plain and speadcetions: Addendum No. 1 dated —Z5 "2co8 Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received Rooi- I'IRNAGEME Jfc s lw,, CONTRA R �y/� BY !/V C BKAD WAGtjor4 - V ESIDEnI 2817 A•-n'oIJAt_ D2 Street Address GARLre Adl�� I X -T564 City and State �Authorization O�e11-278-%Z%7 Telephone PAGE P-5 OF BID #3915 - REVISED VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non- resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in required to underbid resident bidders. (give state), our principal place of business, are not B. Our principal place of business or corporate offices are in the State of Texas: RooF MAt-JAGfMEl >E(ZJ S,)Ak. COMP BY 74�U� DkAr> P"5ipEAi':- 2 81-1 ►�r�r+or.�at_ D+z . Street Address SA V,L,r�v,JO, T'rxA5 City and State THIS FORM MUST BE RETURNED WITH YOUR BID PAGE P-6 OF BID #3915 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: COMP BY ]3iLA1--) IAIA64vd— - .e51y+E,�T- 2817 A&T; a.,AL Dk . Street Address -- GARLA-,iO , 1= $A;5 City and State $ 115, 963. op $ 191�(v(o2.o0 $ 914!k f5. CO THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT PAGE P-7 OF BID #3915 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ); the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations,'fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the. City of Denton. PAGE SQ-1 OF BID #3915 In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE. Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO__11_ If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. OUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice -of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO_J1 If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: i� Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed Has the bidder,, or the firm, ;corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense .wliich resulted in se ' bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed: PAGE SQ-2 OF BID #3915 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature BRAD WA4Alod' P 6iDEA7- Title PAGE SQ-3 OF BID #3915 PERFQ", Q—E% BOND' STATE OF'TEXA& Bond No. 4366190 COUNTY'OF DENTON § KNOW ALL '"MEN :BY -THESE USENTS_ That Roof Manage ent Services, rnc.� whose address is: 2817 ,National Drive Garland, TX75041 hereiha8er called Principal, ,ands SureTec Insurance Company/ , A. corporation, organized' and 'existing under he. laws of the State of Texas and' frilly authorized to transact business in the State l of Texas;. as Surety, are held and firmly bound untoithe ;City of: Denton,. a municipal corporation; organized,and existing under the laws of the'State of, Texas,; he" reina$er called Owner; in this; penal sum of ONE,h-1UNDRED FORTY ONE' THOUSAND (SEVEN HUNDRED SEVENTY' AND 0/100 DOLLARS (141 7.70 plus ten percent;of the stated penal sum,as an additional sum- Omoneyrepresenting additional court expenses,'m attoeys' fees, and,liquidated'damages arising out of or connected with the,below'identified4Conttact, in lawful money of the, United States, to be paid in -Denton County; Texas, for the paymehcof which sum well and truly�to be made, we hereby' bind' ourselves;, our, heirs; executors, ,administrators, successors, and assigns, jointly. and. severally, firrnly by these presents. This Bond shall automatically be increa"sad by the,amount of Any Change; Order• oG'Supplemental Agreement, which, increases the Contract,piice, but in no event shall a Change Order or Supplemental Agreement; which reduces ,the {Contract price,. decrease the,.penalsum•ofthis Bond; THE' OBL•IG Denton, the Owner TION'TO PAsY SAME isYconditioned as 'follows: Wherea"s, the Principal certain Contract; identified by Ordinance Number 2008=038,_witli the City, of aced the I9s dayof FebruarvfA,D, 2008 ✓ a copy of which,is hereto attached. Multiple Locations and made.a,part hereof, for Bid 3915 Roof Work at 'NOW, THEREFORE, if;the Principal slialFwell, trulyandfaithfully perform and: fulfill all of -the undertakings, covenants terms conditions andagreements of sai3 Contract in accordance with the' Plans, .Specificattons,,cand Contract Documents during the,,original 'iterm thereof and:any extension'thereof,which"may be granted by the Owner with:or without notice to the Surety; and during;t}ie life of any guaranty or wafran re wired under this Cortract;and shall also well •and trill perform and fulfill all the ;undertakings covenants,.. terms conditions and Y „ agreements of'any, and dIFduly authorized modifications'ofsaid Contract that mayhereafter be made, notice'of which modifcations to `the Surety being hereby waived; and, 'if the Principal shall repair,and/or replace all defects`due_to f d,tymatenals and workmanship that' appear -Within a,penod of two (2) years from -the date of,fnal complehonand}final-acceptance of the Work.b"y'" the:Owner,.and, �f the.P, nrrapalshall fully iridemnify!and•savc_flarmless;the Ownerfrom�all�eosts and damages which.Ownerntaysaffer'by reason of'failure>ta so perfdhii herein and shall flally reimburse and repay, Owner` all outlay, and expense which the Owner may incur in making good any' default or deficiency, then this; obligation shall be void; otherwise, it ;shall "remain in Mull force and effect. PROV'IDED'F.URTHER; that if a1.ny+legal(actionebertfileddupon-this.Bond, exclusive; venue- shall heiin Denton counit Isiate.of Tei as;r ZN"'L'n, iucu ruicunnx, tnatitne said_Surety,afpavalue received;`hereby stipulates; and agrees; that no,,c} ange, "extension ofytiirie alteration or addition to `the terms of`the Contract; or the Work,to be .performed thereunder orito the Plans,,,. Specifications, 'Drawings, etc.; accompanying the same shalt in, anywise Aectsitg4iigation'onA6u .Bohd, andiit does hereby, -waive notice oftiany,_such chanie,ti xtension ofAti ue ,alteratiop" or, addition to the terms, of3fie Contract,: or to ;the; Workrfo,`be.performed'therewid`e_'; or;to the+Plans Specifications,iDrawings, etc: } This.Bond'isigiven Oursuantito the provisions of Chapter 2253 of the Texas-Governme_n_t Code, as"ameuded;,and:lny other applicable statiites-ofthe;State:of.:Texas.. The iundeisigned andzdesignate&agent is he eby'desigriated; by"the Surety �liereiri as the Resident Agent in -Denton County toewhomiany requisite noticesYmay be, delrveredandjon whom service of process,may"be had inhrmatter`s arising � uttof such suretyship, as,provided by Article Z=1'9 I ofthe Insurance Code ,Uernoris Annotated Crvil Statutes,ofthe State of Texas: IM WITNESS 'WHEREOF,this instrumentois; executed in four'copies,.eaeh one of which shallbedeeirieii�an"6riginal,=thisthel9th dayof, February 2o0e ATTEST; .".,, ., PRINCIPAL 1. BY &ECRE A Y ATTEST; BY: Jennifer J. Crane, Witness °Roof Mana ment Services, Inc, BY. =.0 P SIDENT _ .. SURETY = SureTec nsurance ompar "' BY.', V19` A,ORNE ACT Steven W. wis The'Residerit•,Agent.of the Sti;ety in+DentonsCounty Texas,forr;delivery'of;notice and service;of ;the "processtis 'NAME: PCL Contract BonI 1-ding 3010 LBJ•Frwy.-, Suite 920, Dallas, Texas 75234 (NOTE Daie!of,Perforinance Bond,must be rdii6 of Eontrpct "lfRes lent Agerii is riot a cor"por6tion; give aperson'siname:) TAYME T Bond No. 4366190 STATE'OF TEXAS QQUNYY'OF DENT KNOW ALL MEN'BY THESE whose addres'&is 281,7 Na ti I ohA I lDij SureTec Insurance Company, ofthe State of Texas _ Texas, ,as, Surety; are` held and firmly: organized' and existing under the lawS,4 all ;persons; firms, and co,rporations.,wf. That, larlan(MIX-1oU41 hareinatter called Principal, and a cor'-ar i ,p -atibMorgaftzedaffdexistingunder the laws ,' fully authorized: to transact business in; the State of d untolheQity. of, Denton, a municipal corporation State,o T xas;, hereinafter, called Owner, and; onto , ?,y filmmi ' �h.-materials;folr;.o,rperform Jaborupo4, the d to, in'thei)eruil sum of ONE'HUNl)RF.n,Fn1ZTV lawful money of .the: United iStates,, to, be -paid! in iDeritdn", County: Texas, the Payffieri - t bf which, sum b made,"we 'here I I well and truly to by bind yourselves,, our ;heirs, executors, admini'strafprs,.successors and: assigns; jointly , and severally,, firmly bythese presents: This B6nd.shall Automatically be increased by, the amount of -any,'Change Order, or,:Supplemenfal ,Agreement Which increases the Contract, pricei,tut in no zevent. shall' a Change .Order or Supplemental Agreement'Ai6b reduces1he,C, ontract priceZecreasie thepenal sum,of this Bond. THE, OBLIGATION, TO PAY'SAME is�conditioned as follows:. Whereas, the Principal ncipal ;entered intozzertain Contract,- identifie&by Ordinance Number12008-, 038, With 'the City of .Denton, theiGyirier,lda h 'dated day of February , A.D.2008;-Ia­cqpy of which is �heketo attached and Ynade:alpart hereof, or: 11 d, 3 0 f"5-. k6of.Wdrk at MultNe, I atioris. NOW; THEREFORE, ihe.P nc YJ ... ipql shall well, truly and faithfully performits duties and, make ,prompt _p4ytjjejjl�;t0 all a,, s co,rporations and claimants persqns;� firms,. subcontr ctor , supplying: labor and/or material iwthe,prokcution of the Workprovided for -in said'Contract and any and all, duly authorii6d,ihodific'ations bfsaid Contract that- may hereafter be made, notice of Which modihitatidits- to the Surety being hereby expressly Waived,:theh this,obligatlon,§hall,be void; otherwise�it shall remain iii.hllforce,affd effect. PROVIDED: FURTHER, that if any -legal action ber.filedton this Bond; exclusive,, venue shall lie in Denton :County, Texas. AND PROVIDED FORTHER, that the said 8 f6ry e-recei' y stipulates urety, alit ved;,heieb sti lates, and',,agrees,that no change, cx n .,te siorf f time, �afteratiion�or,add ition'to the terrns�of the,Contract, o , or to the Work to be performed ,thereunder, or to, .the 'Plans; 'Specifications, Drawings, etc;, accompanying the sameisluill,in anywise affect: is obligatiq iimn this Bond,.and n ,, and it: does hereby waive, notice y, of ansuch change, diftbri§ion, of time;; alteration Or- addition,to 'the terms of the' Cohtrabt, or t6'tbe Work.fo` 66 per'foimedA6teiihdeii. df'd the:Plih§, Specifications, -Drawings, etc: PB -'I Tfus Bond Code4tsigiven pursi ant�t 1 thel rovtsi`oonns ofrChapter, 2253,fof the�TezasrGyvernment �� r xw, r r aslamended,,aijHEanyotherAapplicableRstatutBsTof+theTSYate ofTexas; servyc,mns4onp.A9-Imtorto y dd e ncAoCofthStaterofexasofithIrae taie e ,» IN'WITNESS `ti,HEREOF ilvs '\\\ strurnent is executed in�f lif coptes;�ea"ch one:ofiwhich . sli'all$be'deemed'antoiicmal this'lthe i9th day�of� ehtldry 2008,+/ ATTESTj, -„ PRINirIPAL n�.Roof AMana ement- Services; Inc. P •BSIDENT' A>TTEST�` Ty Insurance "'SureTec=;InsuranceyCompanv Jennifer J.,, Crane, -Witness? . za B21; Steven-W. Lewis The Atsidenflft6ntof"the>Sure y,iii�Denton�County :Texas focadelivei- of noticefarid¢sergtce _6f :the rocesssis'' x N`t1ME: "PCL CpntractilBondingL,Ag�nyY y: STREET ADDRESS'. 3ob0 LBJ Fr`wy Suite 920 Da+l=lac,. Texas, 75234 • . _ 2' R ivy yj (NOTE Date of Payment' aBond#muk, be}t'date�Aof Contract If Restdent, Agent 1not; a ;is' corporation;igrvera"per'son's'n"`a`me)A � "� i_ Al t r 3 � a y u FF . No 3 SP SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 1 POA O: 4221029 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY the "Company'), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint ' Clem F. Lesch, Pauline L. Lesch, Steven W. LewisAllen Sparks, Jennifer J. Crane of Dallas, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty oes not exceed Five Million and no/100 Dollars ($5,000,000.00) ` and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and coprinuig all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: - Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. uAaN� RETEC INS CE COMPANY�PSr^ Fp i By. w (w nl State of Texas as: Bill King, re nt 7s\•t�t County of Harris On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly swam, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. MiC181O Denny • elate d Texat my Conurlwm E'VM Michelle Denny, Notary Pub is August 27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 19 th day of February 0 08 , A.D. M. Brent Beaty, Assistant Se re ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. AC0 CERTIFICATE OF LIABILITY INSURANCE OFIDmx, D•'EI•MDD "Y, OAI ROOPMAl 03 07IF THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Independent Insurance Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3010 LB.7 Freeway Ste. 920 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TZ 75234-7004 Phone: 972-231-8277 INSURERS AFFORDING COVERAGE wRED NAIC # NwRERA Praetorian Ins. Co. Roof Management services, Inc. 'I suRER AIII.. ,, •Insurance Brad Waggon i% SORER C. Texas Mutual Co. 2817 National Dr. A, suRERDAN Garland T8 75041 S RER E COVERAGES THE PoLICIES OG WSpRµCE LISTED BELOW HAv BEEN RELIED l0 ME IxOUREp xuxEp,HOVE FOP 1,,F,T_,,ATD ANA.ED HAT— x51µpx0 My REW IREMENT, TER. ON WHE'cx OF ANY EIXrtRxCI THE OTHER NW 1E"T-1 RE5CEC1 TO—ROH MIS CEgnFlGTE Mxv E, ISwEp ON Mxr CENTMx,ME INOMUCE AFFORDED Br THE cttICIESSESCRIBEDHEASS IS wB1ECi IDALLTHETIFAI EICLOSpµs µOEFEEHTIONS OFAO LI00 S.xCEFEU,LEIiWIS SHGNN uxv IUVEBEEx gEWCF➢BV GxIp 4uu5 ANT W DDl LTS MD TYRE OF IxwMxcE RELIEF IAMIT ✓OLEY EFFECTVE VD,", EIAIMI.N DETE'ewD YI TF Ne"A'S I, NITS OEXENLLMBIIIiY A Z / RRExcc i 11000,000 OTHIEERCW GE.HFRU LMSILR'Y P8IT80001620✓ OS/Ol/07 OS Ol OB / / AND TOREWEB MMB M,CE OCWR RRE=E(F.ewN..1 3 50, 000 MEDEu,"^rM1.wm, i 5,000 FERSOEAL A ADInxuRr i 1,000,000 SENT AGGREGATE LUR DIRTIES PER GENERAL ApGREwTE 32, 000, 000/ wwMR.oRAcc 2,000,000owas. s _ FRI Y 1 1. AUTDAEBILLE ✓ ABILITY B MY AUTO �� DSSB4213771 ✓ COXEIEINDLE LIMIT ALL CANTO wlos 05/01/07 05/01/08 ' i 1,000,025 BCOILY mNRY PIE 'V .wTOS tr wm, $ Z HIRED ART. , OooxY NAXR Z NON4ANNED AOTOS RROREFTY axv.Ee ,h.1 .ANADAL NET r TO AIROCNLV-En AaOENT.TEIR i THAN ES A. AOT. i xcFASAND SLI LIAewry A Z OCWR ❑ E.CH000URRFxCF 32,000,000 CLAIMS ASOF PSOTZ0001010 05/01/07 05/01/08 AGGREGATE i 2,000,000 DEDUCTIBLE 8 RETExTiaN i 10,000 NESTRIERS OUABIITY µp C Z TSITYS.', 1. 1PRORSN.TOSFAF YXRORRIKAKE YSCTUDED? WTIXE o MrFlccwvEMBER ExoupcDD 000862292� 05/01/071 05/01/08 CAWACODENT i 500,000 6a, CW NI DONORS THEN, EL. DDEAEF-EA EMxoreE 3 500,000 ✓x EL. DISEASE-FORTYUMO 3 500,000: OMER D Builders Aisk BINDBR 06/06/07 09/06/07 One Shot Policy Limit 221, 000 rcacRIRTloxaoREUTENS rLac.naxS,REHELEY �ExcwiwxRApceoBr ExpaRBEYENT�i.Eau Rgovlsoxa Deductibl . 11000 sw. mm MO. ae15-Root Work at Multiple Locations, Item-8-Senior Center City of Devtmn, its Officials, Agents, Employees and volunteers are named as additioonal insured, in regards to General a Automobile Liability Naive of 9ubr�yyytio applies in favor City of Denton, its Officials, Agents, Employees and volunteers in regards to Workers Compensation.,.-� CITZDEN ex DAxr EASoVEXE RI-ID'EYSBECANCELLEDYFMEMEEVIUMN DATE THEREOF. ME II MINRER HILL ENDEAVOR TO NAIL 30 ✓YB NIDTTER City of Denton 1 NOTES TO THE cFRTIFICATEx0.DEN HAYED TO THE LEFT, BUTFAILURE TO COwb4u . Attn: Tom Shaw MRoeE HOOmEATIONOR LAMATYOF ANY HIND uxox THE wwgFRIn AGENTS OR 901B Terse St. RECRESENTATTESS Denton, TZ 76209 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ADDITIONAL INSURED ENDORSEMENT ✓ THIS ENDORSEMENT, EFFECTIVE ON %g&l= AT 12:01 A.M. STANDARD TIME, FORMS A PART OF POLICY NUMBER PS1TX0001620 OF THE PRAETORIAN SPECIALTY INSURANCE. COMPANY ISSUED TO ROOF MANAGEMENT SERVICES' ✓ I IS UNDERSTOOD AND AGREED THAT T1IE FOLLOWING IS ADDED AS AN ADDITIONAL INSURED HEREUNDER BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND THAT THE INCLUSION OF SUCH ADDITIONAL INSURED SHALL NOT SERVE TO INCREASE 1 HE COMPANY'S LIMIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF 1 HIS POLICY. THIS ENDORSEMENTAPPLIES TO ADDITIONAL INSUREDS ADDED, AS REQUIRED BY WRITT EN CON I RAC 1'. PRIOR 10 THE OCCURRLNCL OF ANY LOSSES. BLANKET AS REQUIRED By WRITTEN CONTRACT✓ $100.00 FULLY EARNED FLAT CHARGE ADDLINS POLICY NUMBER: PSITX0001620 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) BLANKET AS REQUIRED BY WRITTEN CONTRACT Section II — Who Is An Insured is amended to include as an additional insured the persorgs) or organization(s) shown in the Schedule, but only with respect to liabilityfor "bodily injury" or "progeny dam_ age" caused, in whole or in Part, by your vA)*- at the location designated and described in the sched- ule of this endorsement performed for that additional Insured and included in the "ProductscomPleted operations hazard". ALL JOBS IN CONNECTION WITH ROOF MANAGEMENT SERVICES CG 20 37 07 04 ® ISO Properties, Inc., 2004 Page '1 of 1 0 ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEA E RED IT CAREFULLY GENERAL CHANGE ENDORSEMENT "PRIMARY AND NON-CONTREIUTORY" ENDORS _ MENT Insured Name: ROOF MANAGEMENT SERVICES Policy No.: PSITX000162o Endorsement Effective Date: 05/012007 IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY HIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHALL BE 'RIMARY INSURANCE AS RESPECTS ANY CLAIM, LOSS OR LIABILITY JUSING DIRECTLY FROM THE NAMED INSURED'S OPEARTIONS AN[ ANY OTHER INSURANCE MAINTAINED By THE ADDITIONAL INSURED SI ALL BE EXCESS AND NON-CONTRIBuTORy WITH THE INSURANCE 120VIDED HEREUNDER. THIS ENDORSEMENT APPLIES TO THE FOLLOWING: AS REQUIRED BY WRITTEN CONTRACT. All other terms and conditions Of the Policy remain unchanged. GL 100 0606 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of February A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and BRI Roofing and Sheet Metal Inc. 2629 W Blue Mound Rd. Haslet TX 76052 of the City of Haslet and, County of Tarrant 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 3915 Roof Work at Multiple Locations -Item 4 Fire Station 3 Areas A and B, Item 7A Martin Luther Kinp- JR Recreation Center. in the amount of $130,700 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and 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 and City Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. Iff.1m 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 Y, Co actor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expens , wner, its officers, servants and employees, from and against any and all claims -or suits for property to r damage and/or personal injury, including death, to any -al persons, of whatsoever kind or hard whether real or asserted, arising out o -the-Work and services to be performed hereunder by Con r, its officers, agents 'emp oyees, subcontractors, licensees or invitees, whether or not caused, in ole or in, , by the alleged negligence of the officers, servants, employees, of the Owner. Contr or likewise covenants and agrees to, and does hereby, indemnify and hold harmless O er r ng the rformance of any of the terms and conditions of this Contract, whether axis' out of in whole or in ,any and all alleged acts or omissions of officers, servants, mployees of Owner. The provis' s of this paragraph are solely for the benefit of th ies hereto and not intended to create or grany rights, contractual or otherwise, to an er person or entity. 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: /LA, N ATTEST: APPROVED AS TO FORM: CA-4 City of Denton OWNS BY: (SEAL) 011 CONTRACTOR MAILING ADDRESS PHONE NUMBER FAX NUMBER BY: TITLE % zg� PRINTED NAME (SEAL) Mr. Tom Shaw City of Denton Proposed Indemnity Agreement: "To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Owner, Architect, Architect's Consultants, and agents and employees of any of them from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Subcontractor's Work under this Subcontract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Subcontractor, the Subcontractor's Sub -subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described herein." Please advise as to whether or not this language is acceptable. A I/ -A �; " � z / Z, C. APPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON, TEXAS BY• CITY OF DENTON 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. 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.• • 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. • 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. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • 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. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED' • Should any of the 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. • 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. • 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. CI - 10 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. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. • 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: • 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. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 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: • any auto, or • all owned, hired and non -owned autos. CI - 11 [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 $100,000 for 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 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Cl - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Cl - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For.vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 11 Name of person doing business with local governmental entity. VJ 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 01/13/2006 CIQ - I CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B. C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. 1,r5�1d12— Signature of person doing business with the governmental entity d Date Amended 01/1312006 CIQ . 2 PROPOSAL BID No. 3915 TO THE CITY OF DENTON, TEXAS FOR ROOF WORK AT MULTIPLE FACILITIES IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for . the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the nueric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price mgiven. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PAGE P-1 OF BID #3915 JAN. 25 ' 06 (FRI) 16:47 CITY Or DENTON PURCHASING 940 349 7302 PACE. 3/7 BID PROPOSAL - REVISED 1-25-208 CONTRACT DOCUMENTS: Having examined the Proposal, Contract, GeM al Instructions, Materials, Execution, and Drawings for Project No. 3915 and conditions for reroofing worts, and having examined the premises and circumstances effecting 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: BASE BID t - CHILL TOWER Work shall Include tear off to deck, mechanically fasten specified base sheet, fully adhere three inches (3") poyisocyanurate Insulation, fully adhere 25/32" wood fiberboard insulation, Install three plies fiberglass felts and coal -tar elastorneric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. IV —1/9 --'�qao - 'Va BASE BID Y - CiTY HALL MAIN AREA a Work shall include proper preparation of substrate to receive new elastomedc roof coating system. Substrate preparation shall Include, but not be limited to. all seams In the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. Ai♦ work shall be performed per these specifications. $_r�o BASE BID 3 - CIVIC CENTER AREA B Work shall include proper prepamtlon of substrate to receive new elastomerk: roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be performed per these specifications. / $ BASE BiD 4 - FIRE STATION #3 AREAS A and B Work shall include tear off to deck, mechanically fasten three inches (3") poylsocyanurate insulation, fully adhere 25/32" wood fiberboard insulation, install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. Additional work shall Include provide and install three new drains, replace existing plastic drain bowls with 4" cast iron bowts, fir out rise wall with lumber and vertical metal panels, and provide and install new conductor heads and downspouts. All installation shall be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturer's guidelines. Area B: Additional work shall Include providing and instaaing fusing out of wall from Area B to Araa A with 34- extw1or grade plywood and Installing metal panel system on low profile hat channel with "M" panel design. S r BASE BID 5 - FiRE STATION #5 Work shall Include proper preparation of metal substrate to receive new etastomeric roof coating system. Substrate preparation shall Include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. TA BASE BID 0 - fill STATION #6 Work shall include proper preparation of metal substrate to receive new elastomeric roof coating system. Substrate preparation shop include, but not be limited to, all flashing details at horizontal and vertical seams, Penetrations; curbs, and fasteners. All lnstaUatlon shall be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. PAGE P-2 OF BID f13915 - RPVISEA JAN. 25 ' 08 (FR I) 16 : 47 CITY OF DENTON FURCHAS I NG 940 349 7302 ?AGE. 4/7 BASE BID 7 — MARTIN LUTHER KING JR. RECREATION CENTER Area A: Work shall include peeling to top layer of existing insulation, verify and ensure fastening pattern to code, installing 23/32" wood fiberboard insulation, Install three plies fiberglass felts and coal -tar elastomeric membrane with fkod coat and gravel. All installation shall be as per NRCA, SMACNN ANSi/SPRI, specifications, details and manufacturer's guidelines_ oo ALTERNATE BID 7A — MARTIN LUTHER KING JR. RECREATION CENTER Area A Work shall include tear off to deck, fully adhere three Inches (3") p*socyanurate Insulation with polyurethane adhesive, fully adhere 25/32" wood fiberboard insulation with asphalt, install three plies fiberglass felts and coal4ar elastomeric membrane with flood coat and gravel. All insWatlon shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. Seeeu 7`t 7�ve ;& 72, OOD, Oo ALTERNATE BID 713— MARTIN LUTHER KiNG JR, RECREATiON CENTER Area t3: Work shall include proper preparation Of metal substrate to receive new alastomeric roof coating system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. AIi installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturers guidelines. BASE BID 8 — SENIOR CENTER Areas A B. D. and I: Work shall include spudding of existing roof, mechanically fasten vented base sheet, fully adhere 1.t3" polylsocyanurate/perifte composite Insulation, Install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. Associated through -wall flashing and expansion joints shall be raised to accommodate new insulation. All Installation shall be as per NRCA, SMACNA, ANSUSPRI,* 8pecificalions, details and manufacturer's guidelines, Area C: Work shall include tear off to deck, mechanically fasten specified base sheet, fully adhere 25/32" wood fiberboard, install three plies fiberglass felts and oo Mar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. 1v h"V BASE Bin S — visuAL ARTS CENTER Areas A, B, C, D, and E: Work shall Include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fastener;_ All work shall be performed per these specifications. UNiT PRICE PROPOSAL: 1. Remove and replace damaged metal decking: # goOO per square foot. 2 Remove and replace damaged wood decking: ; Of 00 per square foot. 3. Additional cost over and above the contract amount for replacing wet fill malarial: $4"OO per squire foot (nominal U*Aness of 3"). 4. Additional cost over and above the conbact amount for replacing wet insulation: $ 3 . DD per aquerefoot (nominal thickness of 2-). 6. Remove and M134Ce deterlomt d milers: per board foot & Install four inch (4') roof drain: S . 7. Install four inch (4') cast iron drain line complete with all connections, elbows, etc.: $ fj000 per linear foot 8. Additional coat over and above the contract amount for weekend or overtime requested by the Owner. S 5•00 cost per man per hour. PAGE P-3 OF BID 93915 - REVISED JAN- 25 ' 06 (FRI) i 6 : 46 CITY OF DENTON PURCHASING 940 349 7302 PACE-5/7 PJMua— alftati°ns= Contractor shall submit and/or answer the following: 1- Contractor shalt submit documentation with their proposal to indicate their specific qualifications to perform the specified work, Including, bu ited to, all public entities in the State of Texas where said company has worked. Contractor Initial 2. Within the Iasi five years, has legal action, Including, but not limited to, deceptive trade practices suits, been taken inst your company for fahure to perform work property or for not completing a project? Yes No If yes, attach a separate sheet of expWwtion- 3- Within the last five years, has your organization or any Officer/partner of your organization ever bee an officer/partner of an organization that failed to complete a construction eontraet? Yes NoIf 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 Nod/. If so. attach a separate sheet of explanation. 5. Attach an AIA Document No. A305 with a separate sheet with all references including aN public entities. Include contact name and telephone numbers for each and every reference. B. Include a current year end review 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 The City of Denton reserves the right to award this work in its best interests, and to that end may award all proposals to one contractor, or separate the proposals and award to multiple contractors. Upon receipt of Notice of Acceptance of a proposal, within thirty (30) calendar days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) calendar days thereafter, and to deliver an Insurance Certificate, a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND and a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, as required. The undersigned agrees to complete all work shown on the drawings and in the specftrcations 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 of 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 ensure completion of all work within specified time limits. The time limits are as follows: If a Contractor Is awarded a project, project must be completed -in a timely manner with production averaging I Wo square feet per day minimum from start date or Contractor wgl be subject to liquidated damages as set forth below. 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 8:00 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 worts as delineated above. A principal unit of work shag 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 Sat i/ it so desires_ tf this work Is permitted by the Owner, time will be charged on the same basis as week THE OFFICIAL, WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF MAINTENANCIE'$ OFFICE. The undersigned agrees that the Owner may retain the sum of FiVE HUNDRED DOLLARS ($500.00) from the amount to be paid to the undersigned for each calendar day that the work contracted 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_ PAGE P4 OF BID N3915 - REVISED JAN. 25 ' 06 (FRI) 16:46 CITY OF DENTON PURCHASING 940 349 7302 PAGE-6/7 1 (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 Owner/Project Consultant, if same is required. in the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a Payment Fond for the full amount of the contract, to secure proper compliance with the temia 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 famished 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 acnordance 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. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, IS USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus_ 8 Com. Code, Section 15.01, ALg�gg. Receipt's hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated � a S _Oyg Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No_ a dated Received Addendum No. 5 dated Received ERI 1docErlg and Metal Inc. � R B 2629 W. Blue Mznd Pd. Street Address Haslet, 7X 76052 City and State Seal & Authorization (If a Corporation) 817-632-5600 Telephone PAGIE P-5 OF BID #3915 - REVISED VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non- resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in required to underbid resident bidders. (give state), our principal place of business, are not B. Our principal place of business or corporate offices are in the State of Texas: X U � -- Street Address Haslet, 9X 76052 City and State THIS FORM MUST BE RETURNED WITH YOUR BID. PAGE P-6 OF BID #3915 0. ACORP. CERTIFICATE OF LIABILITY INSURANCE 03/12/2 a' PRODUCER (713)461-8979 FAX Town & Country CL Houston 10575 KatyF wy. , Suite 150 Houston, TX 77024 Sally Dearing (713)464-2674 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED BRI Roofing & Sheet Metal , 2629 W. Blue Mound Rd. Haslet, TX 76052 Inc. © INSURERA: Lexington Insurance Co. INSURERS: Southern Ins. Co. INSURER c: RSUI Indemnity Company INSURERD: American Interstate Ins. Co. INSURERE: Republic Lloyds Ins. Co. COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADEYL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS GENERAL LIABILITY 41LX55478653 5/20/2007 05/20/2008 ACHOCCURRENCE $ 1,000,000 MMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S ZOO,OOOCLAIMS MADE M OCCUR 4XcCloontractual MED EXP (Any one person) S Excluded A Ll ab. PERSONAL & ADV INJURY S 1 9 000,000 X $ 5 , 000 deductible GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY X PRO- LOC AUTOMOBILE LIABILITY BAP563449 5/20/2007 05/20/2008 COMBINED SINGLE LIMIT X ANY AUTO ✓ (Ea accident) S 1,000,000 BODILY INJURY S ALL OWNED AUTOS B SCHEDULEDAUTOS (Per person) BODILY INJURY S HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY ALTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY NHA039852 11/19/2007 05/20/2008 EACH OCCURRENCE $ 11, 000, 000 X OCCUR CLAIMS MADE AGGREGATE S 11,000,000 C S $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND AVWCTX1493082007 5/20/2007 05/20/2008 WCSTATU- H- D EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE ELEACH ACCIDENT .. S 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 THER quTpment Floater - TXP5634494 05/20/2007 05/20/2009 $75,000 Rented or Leased Equip E 11 Risk Special form $2,500 Deductible DPSCRIPTIN OF OPERATIONS / LOCA NS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / PECIAL PROVISIONS Tty o Denton, its 0 icials, Agents, Employees and Volunteers are included as additional insured ith primary, non-contributory wording on the above General Liability policy where required by ritten contract.✓Auto policy includes blanket additional insured and waiver of subrogation where equired by written contract�orkers Comp. includes blanket waiver of subrogation where equired by written contracts/10 days notice of cancellation for nonpayment of premium./ City of Denton v 215 E. McKinney St. Denton, TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER 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 LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Reed Moraw/SKD U__ ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) t PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § Bond No: 4367115 KNOW ALL MEN BY THESE PRESENTS: That BRI Roofing and Sheet Metal Inc.✓ whose address is 2629 W Blue Mound Road Haslet Texas 76052 hereinafter called Principal, and SureTec Insurance Company , a corporation organized and existing under the laws of the State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum o0 7f ONE HUNDRED THMTY THOUSAND SEVEN HUNDRED AND 0/100 DOLLARS 1300j plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-038 with the City of Denton, the Owner, dated the 19"' day of February A.D. 2008 L�� , a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one .df which shall be deemed an original, this the 11th day of March 2008 . ATTEST: r ATTEST: PRINCIPAL - BRI Roofing & Sheet Metal, Inc. BY: PRESIDENT Mull R 21 M SureTec Insurance Company BY: ATTO -IN-FA T Tom Young The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Tom Young c/o Texas Contractors Surety & Casualty Agency STREET ADDRESS: 3817 Alamo Avenue, Fort Worth, Texas 76107 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § Bond No: 4367115 KNOW ALL MEN BY THESE PRESENTS: That BRI Roofing and Sheet Metal Inc ✓, whose address is 2629 W. Blue 7Mynd Rd. Haslet, TX 76052 hereinafter called Principal, and SureTec Insurance Compan, a corporation organized and existing under the laws of the State of Texas and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED D THIRTY THOUSAND SEVEN HUNDRED AND 0/1 OODOLLARS ✓ ($130,700),dlawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008- 038 with the City of Denton, the Owner, dated the 19'' day of February A.D. 2008.�-a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four co 'es, each one of which shall be deemed an original, this the 11th day of March 2008 ATTEST: BY:� SECRETARY ATTEST: I9;11214117Mi BRI Roofing & Sheet Metal, Inc. BY: �/f C- PRESIDENT ` SURETY SureTec Insurance Company BY: /(�� i�z2. /17�� , BY: ATTORNE -IN-F CT- Tom `!oung The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Tom Young c/o Texas Contractors Surety & Casualty Agency STREET ADDRESS: 3817 Alamo Avenue, Fort Worth, Texas 76107 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-4 0- S� SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trails, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Warranty Limitation Rider In no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty five months after the date on which Subcontractor either substantially completed its work or breached the Subcontract, whichever is the first to occur. ROOFING -Triple Rider with warranty limitation rev. 11_03 POA #: 4221119 Bond -No: 4367115 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Tom Young"Fred A. Thetford, Jr. of Fort worth, Texas its true and lawful Attomey(s)- in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Three Million and no/100 ($3,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2& of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. `a5%jRANC6 URETEC INS CE COMPANY �; By: Cr ; w 5 z ` Bill King, re nt State of Texas ss: Cr. �; County of Hams On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny •®" Notay Public � State OfTexas myCommissloo EM403 Michelle Denny, Notary Public August 27, 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Hcuston, Texas this llth day of March , 20 08 , A.D. M. Brent Beaty, A�sskistln2 tSe re ry Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:60 pm CST. I 41t aE� 0 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of February A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Progressive Roofing 2911 S. Peachtree Balch Snrinas. TX. 75180 of the City of Balch Springs, 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 3915 Roof Work at Multiple Locations -Item 1Chill Tower in the amount of $7,900 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and 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. and City Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY CA-4 City of Denton O R (SEAL) F4 ocycavue CONTRACTOR S 7 ze MAILING ADDRESS a(c!" 3c%B- 7�_ 3 PHONE NUMBER FAX NUMBER BY: /Y-4 no TITLE C��s -ire( l PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Progressive Roofmg whose address is 2911 S. Peachtree Balch Springs Texas 75180 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of SEVEN THOUSAND NINE HUNDRED AND 0/100 DOLLARS 7 900) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, .our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-038, with the City of Denton, the Owner, dated the 19t' day of February A.D. 2008 , a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: M. SECRETARY :. PRESIDENT ATTEST: SURETY ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Progressive Roofing , whose address is 2911 S. Peachtree Balch Springs, TX 75180 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of SEVEN THOUSAND NINE HUNDRED AND 0/100DOLLARS ($7,900) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008- 038, with the City of Denton, the Owner, dated the 19t' day of February_ A.D. 2008, a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PF'_%1J DED FTJRTIER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. I' C This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: BY: SECRETARY ATTEST: BY: PRINCIPAL BY: PRESIDENT SURETY BY: ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) CITY OF DENTON 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. 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: • 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. • 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. • Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 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. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED' Should any of the 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. • 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. 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. Cl - 10 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. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Fonn GL 0404) is used, it shall include at least: • 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. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [XI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 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: • any auto, or • all owned, hired and non -owned autos. CI_ 11 1XI 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 $100,000 for 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 110.110 of the Texas Worker's Compensation Commission (TWCC). Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy injury and property damage per occurrence with a _ Fire Damage Legal Liability Insurance limits will be at least combined bodily aggregate. Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Cl - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide, to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by .paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. - K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. OP 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 1 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 01 /1 W006 CIQ - 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 0 No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Date Amended ovi MOM CIQ - 2 DATE: January 25, 2008 FAX TO: Advantage USAA All About Roofing All Seasons Coritracting Alpha Applicators Benco BRI Roofing Castro Roofing Heritage One Rooting Liberty Roofing Paragon Progress.1ve Roofing Roof Management Services Roof Masten; Roof USA SLR Roofing Systems Weatherproofing Svc NO. OF PAGES: 6 210.679.2157 409,79146396 903.466,2482 214.366,9201 817,740.9918 817.632.8950 214,381.8109 214.353.8030 214.276.1.782 214,630.0677 214.348.7665 972,278.7279 940.566,6203 21 a. 348.7665 817.763.0248 972.731.8225 ADDENDUM NO.1 FOR CITY OF DENTON - ROOF WORK AT MULTIPLE FACILITIES BID #3916 Purchutuy Depflnmeat 901-B Texas Street Denton, TX 76409 940i49.7100 W%rw.den tonpurtbnainP,tnm Contractor shall incorporate the 'following additions, deletions and clarifications into the proposal for this project to be submitted by Tuesday, January 29, 2008, 2:00 P.M., to the City of Denton, Purchasing Department, ATTN: Purchasing Agent, 901-B Texas Street, Denton, TX 762209. The -addendum serves to clarify, revise, and supersede Information in the Project Manual and the Drawings. The following additions, deletions and clarifications: shall be. made part of the plans and specifications for this project. Contractor shall acknowledge receipt and consideration of this Addendum No. 1 on.the Proposal Form. 1. Revised Proposal form. Pages P-2 and P-3 attached, shall be used to submit bids for this project. Changes incorporated in the foam include: a. Adding a note to Base Bid 4 regarding furring out the parapet:Well from Area B to Area A (see revised Roof Plan attached). b_ Removing hoof Area B from Base Bid 7 and creating a new Alternate Bid 7B for Area B Scope of Work_ c. Revise Unit Price 3 to read "per square foot (nominal thickness of 3" )" d. Revise Unit Price 4 to read "per square'foot (nominal thickness.of 2")" 2. At all areas with slope less than W that are to recelve.the'new elgStpMeric.poating system, installation shall include the application of a white natural oil -based surface coating installetf prior to the acrylic elastomeric base coat in strict compliance with manufacturer's currenf application procedures. Coating shall meet or exceed the following physical properties. Weight per gallon Solids Content (by Weight) Flash point Finish Mold Algae, Bacteria resistance Water swelling after 7 days 10.5 tbs t 0.5 Ibs 80% a 140° F Sglooth, semi -gloss No Growth Noe END Attachments: Revised Proposal, pages P-2 — P-5 Revised Roof Plan No. A1.04 — 3916A, dated 1-25-08 BID PROPOSAL — REVISED 1-2&208 CONTRACT DOCUMENTS: Having examined the Proposal, Contract, General Instructions, Materials, Execution, and Drawings for Project No_ 3915 and conditions for reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer_ OFFER: 1. To fumish 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: BASE BID 1 — CHILL TOWER Work shall Include tear off to deck, mechanically fasten specified base sheet, fully adhere three inches (3") polyisocyanurate Insulation, fully adhere 25/32" wood fiberboard Insulation, Install a h plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSI/SARI, specifications, details and manufacturer's guidelines. Sege •N �x csu �: r1e u�d.�-e d ��, -7g g�). BASE BID 2 — CiTY HALL MAIN AREA B Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams In the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. Ali work shall be performed per these specifications. /V BASE BID 3 — CIVIC CENTER AREA B Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be performed per these specifications. N BASE BID 4 — FIRE S'TAMN #3 AREAS A and B Work shall include tear off to deck, mechanically fasten three inches (3") polyisocyanurate insulation, fully adhere 25/32" wood fiberboard insulation, install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. Additional work shall include provide and install three new drains, replace existing plastic drain bowis with 4h cast iron bowls, fir out rise wall with lumber and vertical metal panels, and provide and install new conductor heads and downspouts. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. Area B: Additional work shall Include providing and installing furring out of wall from Area B to Area A with %" exterior grade plywood and Installing metal panel system on low profile hat channel with "M" panel design. .d `0� 44mfj t--/c $633(Dc;;`v BASE BiD li — FIRE STATION #s Work shall Include proper preparation of metal substrate to rece — raw elaotomarlc roof coatl;,g systcT. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. THIS QUOTE~ IS FOR PREPARATION AND INSTALLATION ONLY — COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. AJA BASIS BID 0 — FiRE STATION #8 Work shall include proper preparation of metal substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All Installation shall be as per NRCA, SMACNA, ANSI/SPRI,.specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. N A. PAGE P-2 OF BID B3915 - REVISED _- __ .. __ _' -. ... ..... ....v.........v 7Tv J' 7 /JvL BASE BID 7 — MARTIN LUTHER KING JR. RECREATION CENTER Area A: Work shall include peeling to top layer of existing Insulation, verify and ensure fastening pattern to code, Installing 23/32 wood fiberboard insulation, install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, detalls and manufacturer's guidelines_ ALTERNATE BiD 7A — MARTIN LUTHER KING JR. RECREATION CENTER Area A Work shall include tear off to deck, fully adhere three inches (3") polyisocyanurate Insulation with polyurethane adhesive, fully adhere 25132" wood fiberboard insulation with asphalt, Install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSI/SPRI speclncatio s, details and m nufacturer's guidelines. �e n� 7 3 ,?qo.m —T" ALTERNATE BiD 713 — MARTIN LUTHE.R KiNG.JR. RECREATION CENTER Area B: Work shall include proper preparation of metal substrate to receive new elastomedc roof coating. system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. N BASE BID 8 — SENIOR CENTER Areas A. B. D. and I: Work shall include spudding of existing roof, mechanically fasten vented base sheet, fully adhere 1.8" polylsocyanurate/perlfte composite insulation, install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. Associated through -wall flashing and expansion Joints shall be raised to accommodate new Insulation. All installation shall be as per NRCA, SMACNA, ANSUSPRI. specifications, details and manufacturer's guidelines. Are : Work shall include tear off to deck, mechanically fasten specified base sheet, fully adhere 25r32" wood fiberboard, Install three plies fiberglass felts and coal -tar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSUSPRI,. specifrcatoons, details and �manufacturer's guidelines. Ott CtN!`�� i�oJA l4cwnatd�wc, a /�coPd tZ, � BASE BID 9 — VISUAL ARTS CENTER Areas A, B, C, D, and E: Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners_ All work shall be performed per these specifications. UN—ii PRICE PROPOSAL: Z. CO 1. Remove and replace damaged metal decking: $ j per square foot. 2. Remove and replace damaged wood docking: $I ZS per square foot 3. Additional cost over and above the contract amount for replacing wet fill material: s 2 oa per square foot (nominal thickness of 3"). o0 4, Additional cost over and above the contract amount for replacing wet Insulation: !6 Z� per square foot (nominal thickness of 2"). 6. Remove and reprice deterlorated nailent: $ 2.73— per board foot 6. Install four inch (4") roof drain: S each. 7. Install four inch (4") cast iron drain line complete with all connections, elbows, etc.: $—b4 per linear foot 8. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: s_ cost per man per hour. PAGE P-3 OF BID d391 S - REVISED FlOgualifrcationc: Contractor shall submit and/or answer the following: 1- Contractor shall submit documentation 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 for failure to perform work property or for not completing a project? Yes No,-4 If yes, attach a separate ®heet of explanation- 3- Within the last five years, has your organization or any officer/partner of your organization ever bipin an officer/partner of an organization that failed to complete 6 construction contract? Yes No (f 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 - NoM- 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 a current year end review 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. The City of Denton reserves the right to award this work in its best interests, and to that end may award all proposals to one contractor, or separate the proposals and award to multiple contractors. Upon receipt of Notice of Acceptance of a proposal, within thirty (30) calendar days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) calendar days thereafter, and to deliver an insurance Certificate, a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND and a SURETY BOND In the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, as required. The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subjectlo additional days that may be added due to inclement weather and/or other justified and reasonable extensions of 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 ensure completion of all work within specified time limits. The time limits are as follows: If a Contractor Is awarded a project, project must be completed in a timely manner with production averaging 1500 square feet per day minimum from start date or Contractor will be subject to liquidated damages as set forth below. A working day is defined as a calendar day, not including SaWrdays, 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 T_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 FIVE HUNDRED DOLLARS ($500.00) from the amount to be paid to the undersigned for each calendar day that the -work contracted 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 - PAGE P-4 OF BID #3915 - RfiV iSED 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 Owner/Project Consultant, if same is required_ 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 certlfles 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_ The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duty authorized to execute this contract Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 DIM., the State of Texas, Tex. Bus_ & Com. Code, Section 16.01, gtgeq. and which arise under the antitrust laws of Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated ( 2 S 0 Received ✓ Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received AGONTC OR BY Street Address i �QIc City nd S e Seal & Authorization (If a Corporation) Z W f 3�8 — '7&63 Telephone PAGE P-5 OF BW 03915 - REVISED VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non- resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in required to underbid resident bidders. (give state), our principal place of business, are not B. Our principal place of business or corporate offices are in the State of Texas: 9- BIDDER: P(ews, CO Y BY Streddress l City andState(-) THIS FORM MUST BE RETURNED WITH YOUR BID. PAGE P-6 OF BID #3915 PERFORMANCE, BOND #8918654 CO(1NTY OF I)Isl`I'I'()N KNOW ALL PAFN I:iY THRSE PRESENTS: That F�lessiveR.uufillg� tivltose address is 2911 S. 1'eachlree Balch Sp ings Texas 7518(1 hereinafter called Princ040I, and FidW1ity.S�l�rylalxlit_Cb..of I - I a corpl)ration organized alid cxistiltj; under (he laws ol'llrr. Slalc r,l" land_ aml fully aulhurired Co trau)sact husincss in the ,Mate of Texas; as Surety, �lrc hold ',Ili Firmly hound onto Ihc' (.'ity of l)enlun, H. n)unicipsal cnrl�ora(io)1 Organized and exhd ,l; under the laws of the State of Texas, hercirialier called O�. Ilcr. in the penal stun nl' SEVEN '('1fOt1S/1Nf) NINIs nfus 111)NUR1?U AND O/IOo I)t.)LLAR91SU (N I tell percent of the :;tilled penal sure as an addilic)nal scam of money mpmsrltting additiorrrl conrl expenses, attorney;;' lies, and liquidated danwges arising put of or curuleded wills tlrc b,ww idelatified C:nn(rrlcl, in lawful money uF Te (Inited Slates, to he Laid in Denton County, 'rexi s, Ibr Use ImpnmA of whiell su.nl well and truly to be, made, we hereby bind clurselves, nur heirs, excCnlurs, adn6ilisirnlnls, Successors, and as3i9,1l5, Joinlay And severally, Grotty by We pjawn,S. Wris Bond shall ?ILILUr1Mdully be increased by Ihc: anuulnl orally (;hangs Order or Supplenlcnlal Agreement, whicl, in(.-,reilscs the Contract prico. but ill nu cve;nl shall a (:!Ili (7rder ')r Snpf,lcrue-Wa A14rc.caucnt, which reduces tho Corltrtic:l price, r1(-creasc the pcnsl) scn►1 or lhi,; Bond. 1'lli? O.Lll,1(iA'ff()N 't'O 1'/1Y SAlvh; is conditioned as lidlows: Whc:rc;r,<, tl,e Principal entered ink) a cartairi 0)II111-11A, idClllilied by Ordinance: Number 2008409, with Ulu t:ity or 17entoll, Ow O"m r; dated Ihc; I Jh d;ly ol.'._ 141-IMply tilt_ _ _).SUB _✓, rl c(Ilry J)F\/ which is here -to .Illcic:hcd and rnade a part hcre(-T, [or Bid_3915 .li. )KWuL, t{l lvlLi(liple l,cir„�licm... NOW, 'I'111{It.isf OI�l , it UIC' 1)rincif),tl shall well, Irt:lly wid i:aithFully perlorur and lirlfill au of the underlakhaN c,.„vcnsu)ts, I.erin s, condilio.us and agreerTIeII s ot, said C'c)r,hact ill accorcl:lncc.-with tire: I'I:.Ills- Specifications and (7on,11111A Upcu►ueuLs during, Ole original (en,, (hemarand nny exl•Cn1"n L wmorwhich may he gm"Ind by the'. Owner, with Or without netice Io (he Surely, and (Inriog file lilu orally guaran(y or warranly required under this Contract, all.:( shall also well and lt'uly I-x Turin and fulfill all (Ile (utder(akings, covenants, terms, condi(iaus and aWeell)CIIL; of Ony ;Ills! SH drily H(I(hnilid:(l nlGdiflC1Fati(-,jjs of aid (.,ontraul Ulm, nlFjy 11Gi`c:a�.ICI' Le piade, notice pr which nlodificatiuns'to the ,Surely being hereby waived; and, if the Principal shall repair an(1/or ro.plarce ull de.fcub; clue to faillty materials and workmanship that appear ovitllirl a period of* two (2) year;; (ions the (latc uh HIN11 cmuNedon and fival accel)Lance of um UK by Ole C)wrler; mot if Ihc I'rinc:ilial shall Puffy indemnify and save". Imi-n lem Use O wnen Am all costs and danlagos wllic-11 Owu01' may Sumer by reaaon of failum to so pedWpl herein land sbWf fully. reirnhur;se and 'spay (%jer• all calay and r..xl)crlse which lire C)wner r)lay iltcur in n1sF:illf goof any default or delidmwy, then lids o11101iwi shall be void; otherwise, it Shall remairl in Full 1i)rce, and efl-ecl. PROV.10I11) H,1< I fl;R, that if any legal ltc;lion he filed upoll this It0j)(1, c:xclu;,iv11 venue shall lic ill Dr. -Wall County, State of'I'cxrls. AND irltt_tVlI.W-0) f t)it'!'1.11'sl?, that the said Surety, for v1-111.1e. ret;eived, Ilerc--by siipulafes and aglecs I.1int no (:haoKe, extension of tilde, alterati(n or aciclitiull to the lerlrls of Ilc l.: rulra�t, (11- to ell(; Work to Iw pel-formed Iflel-emidei, ()I- to tltc.. plilli$, -pe(�IilC:ili,oj), 1%l'cl4Vtli��:i, G(�,, aCcinllpanyillg (Ile ,;lfrte, .,l<III in anywisc al 3d iIs ollligaliou oil tliis Howl, ,Intl it clues hereby waive notic:c: of any such change., extension of time, alleraticiti or additioll 1.0 tit(,tc�rnl, of t1le t:1:11111"aW, or trl the W01k k) be poi -formed therc(uuler, ur to the Plans, Sllcciticaflons, I-hawinls, etc. 'I'hi; 1-loud is given pumuanrw lhc; pmvisiolls of Chaplet' 27.53 of (lie 'Texas (irlv(tmillel)t Cole, as all er„t1dr.(I, and any utller alllllicahlP :;t%1lules of Elie Stale oT'I'ex:gs. 1'hc 1.111(lel5itnc(I :incf desi�;naletl ugrelll. is 1101`0lly deslgnatcd by the Surety lic.1 11 ns the f,esl(lent /\kr,(.lt. Ili "c"101) County to wh(1nt any reclfil,ite 110tic,(S 11lay he deliv(;.rcd and (111 wlt)vl scrvice of pl-occs;s Inity hl� had in n1;1ll.Cls ari,illg 4I(11 of .91101 suretyship, a , prtivi(letl htr Article 7.19-1 ofthe 1tISu1.111C0 f;(ldc, Vt;rnon'c Annol.rlied ('.ivil Statuto of the Sl,�lc uf"! Ex.Ic. !(`! wI,I*i,J!;-,i8 W1ll';I?1ol", Ili:, ir1strulllerll. is excc(lted in four collir;s, (;,.tell om of rvhi(.h `Iiall b(: dCenlCd an nrif,irlttl, (Ills ll)e 19th dity of Marti AI-I'I;S'I': PRINCIPAi. Rmgmssive Services Inc. dka Progressive Roofing Sl.`.CftI :'I'A I IZY: Chris Farrell, menager ATI'rS'i': ,Sl IRFT Y Fidelity and land B v; _ ... -_ ..__. Favard M. mcmaYlm, Attorney-irt-F�ct Thu Reside-rit Apcul uh the Surety in Ue.111011 l'ounty, Texas For delivery uT no►ice till c:( rtiice of the process i ,: NAM)-"-: - --- --- NA S'1'lt fil.i'1' 11 f?i)TZ1 iS `�: (NOM,: Onre r)V Tt,rJ;/rwancr• 1?onrl'irra.sr Ire da[e IrRes'lcl(rrrAkr,tr iv not cr cirrlur/'crlinn i� STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO ss: On this March 19, 2008, before me personally came Edward M. McMahonYo me known, who, being by me duly sworn, did depose and sa that he resides in Hamburg, N.Y.; that e is ­an--Attorney-in-Fact of the Fides De osit Compan nd e corporation described in, and which executed the within instrument; that he knows a seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that he signed his name thereto by like order; and that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Chapter 28 of the Consolidated Laws of the State of New York; and the said Nancy C Gier further said that she is acquainted with Edward M. McMahon and knows him to be an Attorney -in -Fact of said Company; that the signature of the said Edward M. McMahon subscribed to the within instrument is in the genuine handwriting of the said Edward M. McMahon and was subscribed thereto by like order of the Board of Directors, and in the presence of her the said Nancy C. Gier. . ... ... ...:.... ............ Notary Public �"CVCMR Nowt' Public. S1a c ofA19i' QmlifW in Eric ca,uy My cazratiim Exph= Ocmba 31. 2W9 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND"a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY. Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to b � in full force and effect on the d � ereby nominate, constitute and appoint Edward M. MCMA O ,Carol J. LEWINSK n amburg, New York, EACH its true and lawful agent and Attorney -in -Fact, to mak a 'v r� ri behalf as surety, and as its act and deed: any and all bonds and under o t ecu ' c or undertakings in pursuance of these presents, shall be as binding upon II d a I ' ents and purposes, as iI they had been duly executed and acknowledg l shy W y ele - I ompany at its office in Baltimore. Md., in their own proper persons er �ttbrn �s e on hehalf of Edward M. MCMAHON, Carol J. LEWINSKI, dated August 5, 20(5 '`The said Assistant 4iereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of'the By s�&:s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of January, A.D. 2007. ATTEST: DUOS/i 'gyp a o _ J. O/ t 4 r.ni♦ State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretan! M. P. Hammond Vice President On this 16th day of January, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. _ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `'',i:,��';•� t�-,�-.,cr-mac:? � �J-,�.,r�,/ Constance A. Dunn Alotan, Public My Commission Expires: July 14, 201 1 POA-F 132-7013 0� oe Aw) The OF MAR TLAND D: 3910 KESWICK ROAD, BALTIMORP, MD 21203 Cornpanles Statement of Financial Condition As Of December - 3 1 j 2006 ASSETS Bonds............................ . ..................................................................... w .............................................. $.,150,563,710, Stocks........................ .......................................... ....... .................................................. 39,367,826 Cash and Short Tenn Investments .................. I ..................................................................... 38,939,879. ............ ReinsuranceRecoverable ................................................ I ................. . ................................................. 8,609,769 OtherAccounts Receivable ................................................... ...... 0 ................................................... 25,762,452 TOTALADmrrmDASSETS.......................................................................................................... $ 263-243,'635. LIABILITIES; SURPLUS AND OTBFR FUNDS Reserve.for Taxesand Expenses..... ............................................. 1.0 ........ I ......................................... $ 625,582. Ceded Reinsurance Premiums Payable .................... ............................ ; ............................................... .32,539;586,. Securities Leading Collateral Liability .... .................................... ; .......... ; ........ ; .......................... 35,321,207. TOTAL'LLkBiLrr.jFs ....................... v ...... ................................... ; .................................................... 69,487,375 Capital Stock, Paid.Up ............ ; .............. ........... I ...................... 1 5,00 000 - .............. ...... SU*r,rp PI' S ........................................................... s ..................... I ............................ 189j756 .,260 Surplus as regard§.Policyho146rs ........................ ; ........ * .................. ........................... ...................... 194,756 260 TOTAL.................... * ............................ ........ .......................................................................... $..263,243,635.. Se.6urities carried at $33,209;464 in the above statement are deposited as required by law. Securitiescarriedon the basis prescribed by the National Association -of:Insurance Commissioners.Ori. th&'basis of, December 31 2006 market quotations for all bonds and stocks owned, the Company's total admitted a . ssets.would be: - $261,193,375 and surplus as regards policyholders $192,706,000. 1, DAVID'A. BOWERS.. Corporate Secretary' of -the FIDELiT.Y.,kND.DuosiT COMPANY_ OF MARY.LkND;- do hereby - certify that the• foregoing. statement is"a correct exhibit of the assets and liabititieg'of the said Company on the''31st day of Dec'ember, 2006. Corporate Secretary State of Illinios City of Schaumburg ) SS.: Subscribed mid swGrn to, before me, a Notary Public of the State of Illinois, in the City of Sefiaurnburg, this 20th day of Match, 2007. Oates 0 Notary Public . . . . . . . . . . . . . O ICIAL SEAL WRLO G &4.RABYiq' NOTARY Pq Ltd STATE OF 11LjNoj$ 16N EV IRES. 1'A YMiIi;NT 1?0ND #8918654 STATE (!I! T RXAS 8 COUNTY t)I 1�1.sN'IC?T( -KNOW A1,f, MEN BY Tllk?`;Is I1UiSI-,NT,S: 'That Pru �ressive ).�oaliJJ v wllose address is 2!?. 5.. Pe�chlree Ba)cr S grin s '1'X_75_if3U hereinafter r„ f _ _ 1llcd I 1 ticip:il, and .. 1.ity & l it_ o. of Ibry_la _ tt corporation Qrf atrizecl and existing utterer ilre laws of the we ori I uggynd _ _, and filly audiodzed tQ Mirlsuct h1f,41nC ;S to thE: I%tte Q.f 'Texas, as Surely, are. he)t1 alit] firmly bound Iln[o I.he City cif Uentml, s► iminicipal Crhr'Ihc.lr�li,hn chrganized turd Ming under the laws of the Me of"I'cxa5, llerell,afl,e:J' C%111E:(I OWllrr, 811d L111to OR 00i"M fillrl;, lnul c:nrpc olkins whu Inay flu'i kh mawdals lihr,'or herfc.lrm labor uhull, 14e, building or in1lmwemmil • hereinafter referre i to, in L to !.)ellrcl suet of Sf,VLN l'11Ut1 �(1IvU NINE.H1.1Nf__)i 1i1) z1ND 11/IUQiaO I,IlR 1 `$7,90 n lawful moncy c►f: the lloi[rtf `il:jlIQ A paid irk Doolon, Comity, Texas, A the paynlcnl of which sum well and truly to be u1:111c, we IIcmby blrld otlrscives, wir heirs, oxceutors, 8dminish- ors, succe,-,`mrs, and tLgsie is, .,join:.ly and ;eveimj, tirnnly 11v Toy IJlcseklK 'Phis Hpul shall ;Jul.olrltttically be increoscd by [lie, ilmourit of any Change. (lrtlt:r ttl' Sllppl(ane)l(a1 Agrevilonl which increases [he Con(ract price, hLI1 ill 1re1 event shot! s1 C:htnl;L! Order or Supplemental A recanent which reduce: the (.'orll.r wl. j,ri,;e decrease the penill sIli II of'lhis i.Iond. .'I'I)I? 0131.11 ;n'I'ION '.I.O PAY SAMI? is conditionetl tis f.illlows_ Whceeas, the !'rincipal mitered ido m vamlin C;onSit Wend ned by (.)rclhame Number OWN- U38, wi[h lit: py •jr t)enlc)1l, the Ownrr, tlutcd the 19'I' dsiy of _Lk,-W-ki ry A.l). 2Q(l8•�copy of wl,il't] is 11e.1b0 trt.tached lilt msnlc: s, Irlrt Itereo1, lur.11ou!_Wclrlc a[ 1Vf1.1l1i1'hle•J�W-,4! NOW, 'I')IIsIZI?I OIZI{, if.11o l'riucipal shall wtai, truly an1l ft►illllirlly hr;rfin'r►t i[s ciLrlic;S and make pr'wnld payllle►o to all per;:ons, lim s, sihccmU'aclurs, curpor�itic)ns and Qlilnants supplying iibor alld/err rn,rlerial ill the protiFvcll-ioll of' din Work provided (I)I- llJ sftid Conlra(A and arty and all truly nwhori ad rnot,li)it;tttithrrs of scud Contract That may Hereafter' be ilacle, notice of Which Itlodifica.dons.lo Ihe;: ,surety heity hemhy expre;:;;ly wslive(l, then rhi.q oh{igaliun ;=hall to void; uths;rwise il. !Jurll rt ulmjilJ ill fall lihrce. and eflesc.l. p{{(i`v`l! )I'.ii 1111Z 111i 1{, it at irwiy le gal tt�:tinrl be. inert un this 1 f. S 0 il:l, excl ll„i . t; VeliL�t shall lie in Denton ('thinly, Tcx.sls, AM) PIZOVfD101) 11 J I').l M, Owl Ov maid Sumly, lur value received, hereby sthwlaws trod agrees"hat Ile, dKmgQ uxtenxion of tide, 114rarian or a(wi[ion to A loans of die C!"Ur:icL, or to the Work h, bu i eyfi,rrtrcd ("rru Wer, or to UJI0 VhIM ,4 ecilicaGons f)rawinof-� p � �_•', etc:,, accompanying the Ssl►IM, shall in slnywise rtflM its ibARAY, oil this Bond, and it does hereby waive 11olicc: r>.f.' ;nly :uc:h (.Alaoge, exl.ensiotl (11*tune, alterafioli ur addition to tlJe toils of the. Corltt'acl, or to the Work to he perl rn)!J .d Nlereundc.+r, of (.0 the Plans, Specifications, J)ra,Nu)g;I, etc. 1�011 This l"olld is Rlvcll 11LICSUant to Lhe hic•vi ,iull;; cif Chapter ; 253 ofdie Tc as (.,ovf-r)lJl( It C:cW FIs alnc,nc d. ;Inc! any ndicr applicA le st:ltulcs of the: S1aLE of rex<ls. The 11nf.hl:Sl llt:f-I and design IIG(I a9CQt iS lKtrClly dC-9igl1atC;d- by the. Sm-ety I en.,,in GIs the Asident Agent in Ucnlcm (.:ul.aj l(i whmn any injukite, notices nmy be delivemd and mi Am service of hruce;s may he 11,111 in matters arisinf; uul nrRucll surety, its larovidcd by Artii.lc; 7.1.9-1 cif the hmwwwc; (hide. Vernoni Annutated Civil SUPWICs 01' Illc State of J%S. IN Wl'I'PJI;�;�; WI IFIZI?(A Ibis insbminent is exeunt ct hi nm Los, cJ es, c�<u_h one nFwhiall shall he da mecl all tn-ig nail, Illis the 19th day of Mardi2008 . A'I"ITN I': ITlIJ(_:IVA1, wive Service Inc. dta Progressive Roofing / - __ ✓ - 13Y: � C] JL Farrell. MO ages Fidelity arat3 it larxl H Y: - Btord M. molla? m, Attorney—in-F!%ct ,rho IZesicimt AgenL or Ihc: ;,Wray in I Nnton Oil nly. Toxas Ior delivery of notice and cl.vi("c 1)f the process is: NAME,: WA S'1'IZIiI-'I' AI )V)I (IVf)7Y': /)ctlrc of P vment Bond twist he (kite (/' Contract. 1./ Resident Agent i,: not a corporation, ;give (r perswi W 11(rme.) P B 4 All STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO ss: On this March 19, 2008, before me personally came Edward M. McMahon me known, who, being by me duly sworn, did depose and sa that he resides in Hamburg, at he is an Attorney -in -Fact of the Fidelity & Depo� sit Conlpany_4f11� nd: a corporation described in, and which executed the wi m m trument; that he knows the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that he signed his name thereto by like order; and that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Chapter 28 of the Consolidated Laws of the State of New York; and the said Nancy C Gier further said that she is acquainted with Edward M. McMahon and knows him to be an Attomey-in-Fact of said Company; that the signature of the said Edward M. McMahon subscribed to the within instrument is in the genuine handwriting of the said Edward M. McMahon and was subscribed thereto by like order of the Board of Directors, and in the presence of her the said Nancy C. Gier. Notary Public RANCYC-GER Notzry Public. stare orW Qr.`alified in Erie County _ _,..,..,'XPL-cs October 31. 2W9 dT 51 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND" corporation of the State of Maryland, by M. P. HAMMOND, Vice President. and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said , ny, which are set forth on the reverse side hereof and are hereby certified to be ii full force and effect on the d �ereby, nominate, constitute and appoint Edward M NICMA ,carol J. LEWINSK n�`iW1, amburg, New York, EACH its true and lawful anent and Attorney -in -Fact, to mak - e 'v r, behalf as surety, and as its act and deed: any and all bonds and under a �, ecu ' or undertakings in pursuance of these presents, shall be as binding upon s I Y�gd�alim� ? 1 ents and purposes, as if they had been duly executed and acknowledg y 05�.- ele "b( ompany at its office in Baltimore, Md., in their own proper persons er rndated August&�" Ton behalf of Edward M. MCMAHON, Carol J. LEWINSKI, 5, 20��� The said Assistant sereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2. c the By s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of January, A.D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 o s 1E90 � r 4 ti. n:r• � By: Gregory E. Murray Assistant Secretaiv M. P. Hanunond Vice President State of Maryland I ss: City of Baltimore On this 16th day of January, A.D. 2007. before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 132-7013 Toe. OF MARYLAND 3910 KESWICK ROAD, j3ALTIMORE,MD21203 Compantei Statement of Financial Condition As Of December -31j2006 ASSETS Bonds � ............................... ........................0,63,710 Stocks....... .... ................ .. ., ......................... ........................... ..... , 39,367,826... Cash and Short Term Investments ................................................ ; ................................................... 38,939,879. ReinsuranceRecoverable .................................................................. .................................................. 8,609,769 OtherAccounts Receivable ...................................................................................... ....................... 25,762,452 TOTALADMITTED Assms ........................................................................................................... $ 263243 -635 LIABILMES; SURPLUS AND OTHER FUNDS Reserve.forTaxes and Expenses ................................................................................ ; ...................... $ 625,5821 Ceded Reinsurance Premiums Payable ................... I .......... I ................................................. ............. 32,539;586,. . Securities Lending Collateral Liability .................................... ; .......... s ........ m..; .................... . 0 . bility 35,322,207. TOTALLuBiLrr.ms ................... — .............................. : .......... ; .................................................... 69,487,375 Capital Stock, Paid Up...........: ; ................. ........... ...................... I .................... 5,0.0.01000 Surplus..'....- ............................................................... ...................... a ..................... . 189i756,260 - Surplus as regar(h.Policyliolders .............. I ........ ..4,756,260 ....................................................... .................. ..19 TOTAL............................. ............. ....... ........... .............................................................. $,.263,243,635.-.. Securities carried at $33,209;464 in the above statement are deposited as required by law. Securitiescarried on the basis prescribed by the National Association- of Insurance Commissioners. On. the` basis of - December 31, 2006 inarket.quotationg for all bonds and stocks owned, the Company's total admitted.asset§.would be.. $261,193,375 and surplus as regardspolicybolders $192,706,000. 1, DAVU)* A. BOWERS,Corporate Secretary of the FIDELITY.Wo DEPOSIT COMPANY. OF MARY-LkND,-. do hereby certify that the; foregoing. statement is'a correct exhibit of the assets and'liabilitieg'o-f the said . Cornp4ny on th6* 3 1 st. day of December, 2006. Corporate Secretary State of Minios City ty of Schaumb"rg SS: Subscribed and swum to, before me,- a Notary Public of the State of 111iriois, in the City. of Scfiauruburg, this 2M day of March, 2007. Notary Public ISM. 'OFFIC ?VIARL0 G -STATEOkLINOIS IRES.11;Z5107: —.-- y 03/12/2008 PfiODUGER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. Box 10265 This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Birmingham, AL 35202 =' 15-252-9871 COMPANIES AFFORDING COVERAGE Company ACE American Insurance Company A INSURED Progressive Roofing 2911 South Preacht;, ink. ✓ ee Balch Springs, TX 75180 �\� n Y Company Illinois National Insurance Company B --- _ Com an y Firemans Fund Insurance Company m ComDpany '- Company t E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of 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, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT A TYPE OF INSURANCE GENERAL LIABILITY _V__--'__ ® Commercial General Liability/ ❑ Claims Made ®O•:c�rsre �/ POLICY NUMBER XSLG205592 88 EFFECTIVE EXPIRATION 08/01/2007 08/01 /2008 LIMITS OF LIABILITY NACH OCCURRENCE S 1,000,000 FIRE DAMAGE S 100,000 MEDICAL EXPENSE S EXCLUDED ❑ Oum=re' and Contractors, Protection ® General Agg Limit ai"ies per: Location O General Agoregats Limit applies per ❑ Policy 0 Project C Location I i PERS. AND ADVERTISING INJURY $ 1,000.000 GENERAL AGGREGATE $ 3,000,00 PRODUCTS AND COMP. OPER. AGG. S 3,000,000 rA'�UTOMOBILE LIABIUTY u Any Automobile All owned Autontowes ElJI I COMBINED SINGLE LIMIT $ BODILY INJURY Fer erson $ BODILY INJURY Per accident $ Scheduled Automa,7iles A Hired Autorno7iles ❑ Wn-oxrted Aulomobiies f-1 WORKERS' COMPEtiSATION AND EMPLOYERS' LIABILITY WLRC441304069 08/01/2007 08/01/2008 PROPERTY DAMAGE Per accident $ COMPREHENSIVE COLLISION WC Statuto Limit X Other EL EACH ACCIDENT $ 1,000,000 EL DISEASE Each employee) $ 1,000,000 EL DISEASE (PolicyLimit $ 1,000,000 6 EXCESS LIABILITY IXI occ.'rence ❑cla>ns ttz a BE565547 08/01/2007 08/01/2008 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 C CONTRACTOR'S EQUIPMENT MZ197507131 08/01/2007 Leased/Rented Equipment S 170,000 tnstallationlBulder's Risk 08/01/2008 Deductible Limit $ 2.000.000 $ 5,000 Deductible $ 5.0r'0 $ RE: Bid 3915 Roof work at multiple locations - Items 1 Chill Tower The City of Denton, its Officials, Agents. Employees and volunteers are included as Additional Insureds on a primary -and non-contributory basis u der the General Liability coverage for %,ork performed by the Named Insured under written contract subject to policy terms, conditions and exclusionsaiver of SubroBati_ Qn Qa the Workers Compensation and General Liability applies in favor of the aforementioned Additional Insureds as required by written contract subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 9A�S J WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. amity of Denton 604 E. Hickory Authorized Representative Denton, TX 76205 t _—_I Page I of > Certificate 10 # 16HYVG4W i i "�a� a� t`ss1 t G %J — L.I/A01LI I T IIVaVf'CHIVL,rC PROoucER 03/11/08 IVIA/Guastella Group, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P.O. Box 240 - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Athol Springs, NY 14010 ^,'648-5000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. tED Progressive INSURERS AFFORDING COVERAGE NAIC # INSURERA: Travelers Property Services Inc. dba Progressive Roofing V Casualty Co of Am 25674 INSURER B: `0% 2911 S Peachtree Rd 17r� INSURER C: Balch Springs, TX 7S180 INSURER0: COVERAGES INSURER E: 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 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MMAM AND CONDITIONS OF SUCH LTR INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMlDDlYY DATE MM! D GENERAL LIABILITY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE CLAIMS MADE OCCUR TO 3 RENTED $ PRE I MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE Limi r APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT F1 LOC PRODUCTS - COMPlop AGG S � A AUTOMOBILE LIABILITV810182OB795TIL08 02/14/08 02/14/0 9 X ANY AUTO ✓ ECOMBINEDBISINGLE LIMIT $2,QOD,OQD ALL OWNED AUl'OS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS - X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: EXCESS/UMBRELLA LIABILITY AGG S OCCUR ❑CLAIMS MADE EACH OCCURRENCE S AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY S WC STATU- OTH- ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERlMEMBER EXCLUDED? ITORYIIMIT E.L. EACH ACCIDENT g If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE S OTHER E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS ! LOCATIONS f VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS City of Denton its Officials, Agents, Employees and Volunteers are included as Additional Insur d(p) under the Auto policy on a primary basis with respect to services performed by or on behalf of the Named Insured ATIMA subject to the polic terms, conditions, and exclusions. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION ' / City of Dentofl`� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 604 E Hickory DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -30.1WRITTENS WREN Denton, TX 762OS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOP,IZED REPRESENTATIVE ACORD 25 (2001108) 1 of 3 #604016 AD�M� O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #604016 Progressive Services, Inc. d.b.a. Progressive Roofing 2911 S. Peachtree Road Balch Springs, Texas 75180 Phone: (214)348-7663 Fax: (214)348-7665 LETTER OF TRANsmi[TTAL DATE:- JOB NO.: C To: • nu 7R 2 2p!q ATTN.: WE ARE SENDING YOU 0 ATTACHED 0 UNDER SEPARATE COVER VIA • SHOP DRAWINGS - 0 PRINTS - 0 PLANS 0 SA M-PLES • COPY OF LETTER 0 CHANGE ORDER 0 OTHER THESE ARE TRANSMITTED AS CHECKED BELOW: o FOR APPROVAL o APPROVED AS SUBMITTED ii FOR YOUR USE o APPROVED AS NOTED )a- S REQUESTED 0 RETURNED AS NOTED o FOR REVIEW AND COMMENT 0 OTHER 11 FOR BTDQ nir-1 71 THE FOLLOWING IfEMS- 0 SPECIFICATI ONS • RESUBMIT — COPIES FOR APPROVAL • SUBMIT — COPIES FOR DISTRIBUTION • — CORRECTED PRINTS RETURN PRINTS RETURNED LOAN TO US AFTER SIGNED: L THE FOLLOWING IfEMS- 0 SPECIFICATI ONS • RESUBMIT — COPIES FOR APPROVAL • SUBMIT — COPIES FOR DISTRIBUTION • — CORRECTED PRINTS RETURN PRINTS RETURNED LOAN TO US AFTER SIGNED: L