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2004-143
ORDINANCE NO. DO l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES FOR THE RENOVATION OF THE CITY OF DENTON CIVIC CENTER AND EMILY FOWLER LIBRARY BETWEEN THE CITY OF DENTON AND C.R. REYNOLDS, INC. BASED ON THE COMPETITIVE SEALED PROPOSAL METHOD OF PROCUREMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFCCP 3148-RENOVATION OF CIVIC CENTER AND EMILY FOWLER LIBRARY AWARDED TO C.R. REYNOLDS, INC. IN THE AMOUNT OF $2,634,637.50). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Construction Services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFSCP NUMBER CONTRACTOR AMOUNT 3148 C.R. Reynolds, Inc. $2,634,637.50 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. That by acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of finds therefor in the amount and in accordance with the approved proposals or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the t2 day of 7 2004. zlfj� 15�L EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY > ��BY: \ 3-ORD-RFSCP 3148 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4th day of May A.D., 2004, by and between of the County of Denton and State of Texas, acting through Michael A CondufP thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of Denton , County of 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: RFC..SP #1148-City of Dentnn - Civic Center & Emily Fowler Renovation - Rnmintis & Co Architents Tnh #Oil15 in the amount of $7 F3d 6h 50 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: all of which are made a part hereof and collectively evidence and constitute the entire contract. 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 shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: CA-3 City of Denton OWN Y. y� a — (SEAL) C. R. Reynolds, Inc. CO TT CTO A:-V AA Al Chris Reynolds, President P. 0. Box 310, Sherman, TX 75091 MAILING ADDRESS 903-891-3996 PHONE NUMBER 903-891-3997 FAX NUMBER BY: TITLE, President Chris Reynolds PRINTED NAME (SEAL) Bond #103974220 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That C R Reynolds, Tne`''whose address is PO Rnx 110 Sherman, TX 75091-0310 hereinafter called Principal, and Travelers Casualty and a corporation organized and existing under the laws of the State of CT and fully Surety authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto o f mpany the City of Denton, a municipal corporation organized and existing under the laws of the State America✓ of Texas, hereinafter called Owner, in the penal sum of —Two p3illion six hiinrlr�A thirty four thousand six hundred thirty seven DOLLARS and Eifty CeIIts� ) lus 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 9004-141 with the Citw of Denton, the Owner, dated the 4th—day of May A.D. ?nod , a copy of which is hereto attached and made a part hereof, for 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 one (1) year 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 4 copies, each one of which shall be deemed an original, this the 7 day of tday n n a ✓ ATTEST: BY: A&at 1444:& SECRETARY ATTEST: P AL / A-. A AJ BY: Chris Reynolds PRESIDENT SURETY Travelers Casualt1t and of America BY: BY: ATtd-FACT kae Gibbons The Resident Agent of the Surety in Denton County, Texas for d of notice and service of the process is: NAME: John D. Fulkerson McQueary Henry Bowles Troy, LLP STREET ADDRESS:12700 Park Central Dr., Ste 1700, Dallas, Texas 73231 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 ■ .. ' STATE OF TEXAS § 1 1 .r : § .� Bond #103974220 COUNTY OF DENTON § Travelers Casualty and KNOW ALL MEN BY THESE PRESENTS: That C. R Reynolds. Tnc whose address Surety is PC) Box 310 .Sherman, TX 75091-0110 , hereinafter called Principal, and Company of America��orporation organized and existing under the laws of the State of CT 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 hnndTed thirty aPvPn nOLLARS and Eif y Cents �7 50? 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 '7nn with the City of Denton, the Owner, dated the 41h day of May A.D.2004, c�'a opy of which is hereto attached and made a part hereof, for RECSP #3149 - City of Denton - Center & Emily Fowler T.ihrary Rennyation - Ronzintis k Co Architects Toh #01115 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 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 4 copies, each one of which shall be deemed an original, this the 7 day of May oD�✓ ATTEST: P IPAL BY: {�UGLk-ti.�% l.� of n /CL/.�n� UZI 014M SECRETARY BY: Chris Reynolds PRESIDENT ATTEST: Travel l:]16 SURETY M f Americz ATTNQ,Ny f fN-FACT Kae Gibbons The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: John D. Fulkerson McQueary Henry Bowles Troy, LLP STREET ADDRESS12700 Park Central Dr., Ste 1700, Dallas, Texas 7551 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 ©�tD°I Travelers One Tower Square Hartford, CT 06183 February 2003 Terrorism Risk Insurance Act of 2002 Update Required Notices For New/Renewal BLIsiness Dear Travelers Bond Agent or Broker: As you know, the Terrorism Risk Insurance Act of 2002 ("the Act") became law on November 26. 2002. In January, we wrote to advise you of the key features of the Act and its implications for you and your customers. Among these key features are those requiring that notices be sent to all existing and future customers which disclose: (a) the premium charged for providing terrorism coverage required under the Act; and (b) the Federal Government's share of compensation for such losses. We have since sent the notices required under the Act to all Bond customers with coverage in force as of November 26, 2002. As we indicated in our January communication, we must also provide such notice as a separate line item on all new and renewal business and on all formal. written quotes for such business. For many of our products, these notices will be sent directly by Travelers Bond from our offices. However, it will be necessary for you to provide the required notices with all Travelers Bond products and formal written quotes which you issue on our behalf. To that end, we have attached a copy of the notice which must be attached to all Travelers policies and bonds, and to any formal written quotes, which you issue on or after February 24, 2003. We thank. you in advance for your assistance and cooperation in implementing the requirements of the Act. If you have any questions or concerns, please don't hesitate to contact your local Bond Underwriter. Travelers j' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market,Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas. Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252`-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given.to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. TRAVELERS CASUALTY AND SURETY CONIPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FAR\IIN'GTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALI/PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIC�.. n xr LEP.S CASUALTY AND SURETY COMPANY and FARiviINGTON CASUALTY COivtrAivY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies') hath made, constituted and appointed, and do by these / presents make, constitute and appoint: Bill Henry, Dennis Dowd, Donnie D. Doan, Doyle Hix, John D. Fulkerson, Kae Gibbons/ Michele Degnon, Tom P. Ellis, 11I, of Dallas, Texas, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any, place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same Nvere signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given. are hereby ratified and confirmed. This appointinent is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any, Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recomizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,.provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, 'or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the follmAing officers:. President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretan, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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'M 30dOd9 awuo Aiiuuosiod aw cuopq IOOZ 'knnuul;o ,fup TI I snil u0 ;uaPisaJd aoiA Joivag uosdwoyl •M a6Joa0 ANtldLQOJ A.I.'IVIISVO NO.L9NIARIV3 ANV&VOO Alauas QNtl AI'IVRSVJ SiIa-MAVdS VJIHXWV HO ANVdIHOO AZddRS QNl' AI'IVIISVO Sd3'IHAVd.L OQr?�_ FY,9; FQrVJ • �9L �tP�tA..-�`rj�'V yV•b � 'NNOa m � x' � 'MJa7 1 � u �`bo 6 1 o m 'OtlOjJtivH t17N0+N p$ T s {n 'i yoly fie &" �n5V7 �Hv Al��� Y,3�u OIliT QdOa VH dO A MOD PJOJIJEH SS( .IIOOLLOHNNOO 30 ILVIS a of luaw IOOZ.4Enuu13o �Ep Tj I sail pax olaJaq aq of sieas alEJodJoo Jlagl puu;uap�saJd aOiA Jo}uaS nags riq pauBls_; q nJJsul scgJ pasnEO anEq INy OJ ALIVRSVJ NOL�N[Y�idVd PuE ANVCM00 AZddRS QNV A.L'IvRSvO S2IdIdAVdL `vDrua [V d0 ANvdivoD A.LddRS QNV AL'IvRSVJ Sdd'IdAVd.L `JoaHHHM SSdNLIM NI 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. •• 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 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. 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 $5,nnn nnn shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • 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. Ix I Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1 nnn nnn 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. [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. [X] 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. [ ] 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. 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: (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) 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; (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. .PR.OV20'04 13:52 940 349 7302 CITY OF DENTON PURCHASING #4057 P.003/010 ,.COMPETITIVE SEALED PROPOSAL FOR CONSTRUCTION CONTRACT Proposal of C. R. Reynolds, Inc. (Hereinafter called "Propose), *a corporation, organized and existing under the laws of the State of Texas, "partnership or *an individual doing business ss: 70: THE CITY OF DENTON DENTON, TX 76209 Gentlemen: The undersigned, in compliance with your invitation for competitive sealed proposals for the City of Denton — Civic Center & Emily Fowler Library Renovation, Booziotis & Co. Architects Job 903115 for the City of Denton, Texas, having examined the drawings and specifications with related documents and being familiar with all of the conditions surrounding the construction of the proposed to famish all labor, material, equipment, and supplies and to construct the work in accordance with the Contract Documents, within the time set forth herein, and at the price set forth below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents of which this proposal is a part. ADDENDA The Proposer further agrees, and. acknowledges the following Addenda have been received and that the entire contents thereof have been incorporated into this Proposal: No. one , dated 4-2s2004 No. , dated No. Two dated 4-8-2004 No, dated ADDENDUM NO.2 PAGE -1 PR:08'2004 13:52 940 349 7302 CITY OF DENTON PURCHASING 04057 P.004/010 PROPOSED BASE AMOUNTS Proposer agrees to perform all of the work described in the specifications and shown on the drawings for the total sum of 7,-/o 6fv.vd�+�,olc r i ��% ihoosx4y 3 3 o, m �. rf�/ �e rf�d itt� ✓� 1 , ,`✓ �, Dv k'k cz p,s Included in the total sum above are the following Proposed Base Amounts: Proposer agrees to perform all of the work described in the specifications and shown on the drawings for the Civic Center portion of the work for a total sum of Dec- i4 "'k A,. ('qsw O"e MOA- l—O dLAW (s1T7 t 9 8. eq© Proposer agrees to perform all of the work described in the specifications and shown on the drawings for the Emily Fowler Library portion of the work for a total sum of 19wry /w -.4 . Iy Al % Q9✓ ,'r TFj-- Se, ve4v--* 7 kousm vD 20 "Amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. PROPOSED ALTERNATE AMOUNTS Reference Specification Section 01230 Alternates for complete description of alternate bid items. Proposer agrees to perform all of the work described in the specifications and shown on the drawings for each of the Alternate bid items for the indicated amounts: (indicate whether item is an Add or Deduct from base amount) Exally Fowler Library: Alternate No. 1.01: Increasing height of perimeter wall at east mechanical yard. Alternate No. 1.02: Repair the screen at 5ront entrance to building_ Ad Red=* Amount. Five thousand nine hundred seventy-four dollars and no ($ 5,974.00 t Amount: One thousand five hundred-dallars and no/100 ADDENDUM NO.2 PAGE-2 6PR•.08'2004 13:52 940 349 7302 CITY OF DENTON PURCHASING #4057 P.005/010 ($ 1,500.00 Alternate No.1.03: Add Dvduot- Construct newplanting bed on North face of existingAmount: One thousand four hundred eighty-five tile screen at front entrance to the building. dollars and no /100 Alternate No.1.04: Repair landscape reta.ming walls. Alternate No.1.05: Paint the exterior plaster and brick surfaces of the existing building. Alternate No. 1.06: Repaint existing exterior fountain. Alternate No.1.07: Construct now wood trellises on existing metal framing. Alternate No.1.00: Move existing air handler at south Mechanical 110 to the south. Ref. Mechanical Drawings. Alternate No. 1.09: Provide overhaul/maintenance of east exterior air handlers. Alternate No. 1.10: Install manual roller shades. Alternate No. 1.11: Upgrade of manual roller shades to electric. ($ 1,485.00 Amount: Four thousand dollars & no/100 ($ 4,000.00 Add �r— Amount: C, oh r -i �q &_5 11y,4A rw o Add RA&Wt Amount: 50teegil lfd pvc:6d F'r' t Add » Amount: Twenty-four thousand fifty-seven dollars and no 100 ($ 24,057.00 Amount: /l/%er� 6 Deduct Amount: Ci9t/!' ris.vd v K Amount: Twenty thousand four hundred th i ty our dollars and no/100 ($ 20,434.00 ] Amount; Fifty-eight thousand six hundred ninety-five dollars and no/100 ($ 58,69y.00 ) ADDENDUM NO, Z PAGE - 3 . ,. .PR.09'2004 13:52 940 349 7302 CITY OF DENTON PURCHASING #4057 P.006/010 Alternate No. 1.12: Add Haslaet- Install granite countertops instead of plastic laminate Amount: .5 ' ! ¢� / AiP.(n o (5✓ Q-A." countertops at the circulation desk, self -check out, }{,2A_'1ti¢ d4_ AD),. ha nS reference desk, and service desk. Alternate No.1.13; Install center work counter at 127 Workroom. Civic Center: Alternate No. 2.01: 4aD De*a* Amount: Two thousand seven hundred seventy-two dollars adn no'100 ($ 2,772.00 ) Construction of a covered outdoor plaza w/ stainless Amount: steel columns, painted metal ceiling and truss system and a copper standing seam roof with copper gutters and stainless steel down spouts. Alternate No. 2.02: Construction of a covered outdoor plaza w/ stainless Amount: steel columns, painted metal ceiling and truss system and a galvalume standing seam roof with painted metal gutters and painted metal down spouts. Alternate No. 2.03: Construction of a covered outdoor plaza w/ painted metal columns, painted metal truss system and a fabric roof system with no gutters or down spouts. Alternate No. 2.04: 7'A,©e.5h-P Deduct �r�~✓ Hv�'F6o ���.l�r�a _ edu Amount: %® h�a Plu4g*,Q -rAoUy'WO Do�1ta„�S Replace glazing of the Offices on the South side of Amount: Three thousand thirty-six dollars the Civic Center with insulated glass. and no/100 Alternate No. 2.05: Replace glazing of the clerestory windows around the Auditorium of the Civic Center with insulated glass. Alternate No. 2.06: ($ 3,036.00 Add Amount -.Twenty-five thousand three hundred fifty-five dollars and no/100 ($ 25,355.00 dd Deduct KAZ ADDENDUM NO.2 PAGE - 4 PR:080200l 13:53 940 349 7302 CITY OF DENTON PURCHASING #4057 P.007/010 Replace the ceramic wall and floor tile in the South Amount: Fifteen thousand two hundred Restro0ms with wall and floor finishes to match the eighty-six dollars and no/70 North Restrooms Alternate No. 2.07: Provide new water line'to Room 203 for electric coffeemaker. Alternate No. 2.08: (S 15,286.00 Add Best Amount: Four,.hundred 'ei ht -four dollars and no 100 ($ 494.00 ) Add Bodw. Substitute solid polymer toilet partitions for restroomAmount: Three thousand six hundred thirty renovations. dollars and no/100 Alternate No. 2.09: Infill (2) openings between the Vending Area No. 100 and Exhibit Hall No. 101 with brick. Alternate No. 2.10: Ci Provide new water line and counter for electric eoffeemaker to Vestibule No.116. Alternate No. 2.11: Provide 500/6 of the light fixtures described in Alternates Nos. 2.01, 2.02 & 2.03. Alternate No. 2.12: Provide ADA accessible sink and drain for counter with accessible knee -space in Community Room No. 154. Alternate No. 2.13: (S 3,630.00 Ad It Amount. -One thousand four hundred three dollars and no/100 (S 1,403.00 Add l One thousand Amount: Seven hundred forty-eight jn11nrs and no/100 (S 1,749.00 ) A06 educ Amount: JF; fVp Mlep!L v AIA tg rIJC ld.vr►Oo-p-'iva'f 'F'CAJm (S } 9.? . vo Amount: Two thousand six hundred forty dollars and no/100 (S 2,640.00 Add #set Move door to Janitor's Closet No. 108 to the North Amount: Nine hundred eighty-seven dollars wall. Remove existing door. , and 50/100 Alternate No. 2.14: Provide Kitchen equipment specified in Section 11400 - FOOD SERVICE EQUIPMENT. (S 987.50 ) Ad Deduct Amount: Twenty-five thousand two hundred twenty-nine dollars and no/100 ADDENDUM NO.2 PAGE - 5 PR'.09- 004 13:53 940 349 7302 CITY OF DENTON PURCHASING #4057 P.008/010 PROPOSED UNIT PRICES ($ 25,229.00 Reference Specification Section 01270 Unit Prices for administrative and procedural requirements for unit prices and complete description of unit places. Unit Price No.1: General Excavation: Earth and/or gravel $ 3.30 per cu yd Unit Price No. 2: General Excavation: Weathered limestone Unit Price No. 3: Trench Excavation: Earth and/or gravel Unit Price No. 4: Trench Excavation: Weathered limestone Unit Price No. 5: Earth Fill: Compacted Unit Price No. 6: 3000 psi Concrete in place Unit Price No. 7: 4000 psi Concrete in place Unit Price No. 8: Drilled piers: 18" diameter Drilled piers: 24" diameter Drilled piers: 30" diameter Drilled piers: Temporary Casing: 18" diameter Drilied.piers: Temporary Casing: 24" diameter Drilled piers: Temporary Casing: 36" diameter Unit Price No. 9: Drywall Partitions: 3 5/8" mtl studs, 5/8" Type X gypsum board Unit Price No. 10: Drywall Partitions: Sound Rated Unit Price No.11: Doors: 3-0 x 7-10 oak door, installed Unit Price No.12: Doors: 3-0 x 7-8 1/2 oak door, installed Unit Price No.13: 120v wall convenience outlet: drywall partition Unit Price No.14: 120 v convenience floor outlet. Concrete floor, two hour rated, poke-thra floor device Unit Price No.15: 120 v, 20 amp circuit Unit Price No.16; Carpet file (nos.1-5) $ 6.00 per cu yd $ 14.00 per cu yd $ 21.00 per cu yd $ 3.50 per cu yd $ .�o� per u yd $_ U _ tp'oer cu yd $ ,G, So per hnft $ O Sr, So per lin ft $ *17 - t/D per lin ft $ 18.75 per lin R $ 24.00 per lien ft $ 12_nn Perlin ft $ 30.36 per lin ft g 54.78 p= lin ft $ 776.00 each $ 776.00 each $ 55.00 each $gs nn each $ 125.00 each $ n/a each Unit Price No.17: Carpet roll goods $ n4. sq yd Uuit Price No.18: Cabinets: plastic laminate clad upper cabinets $ //0- o m per lin R with under cabinet lights Unit Price No.19: Cabinets: plastic laminate clad base cabinets (with$ e7 per lin ft drawer and door) The undersigned agrees to complete all the work ready for the Owner's acceptance, within ADDENDUM NO.2 PAGE - 6 PR'.01V'2004 13:53 940 349 7302 CITY OF DENTON PURCHASING #4057 P.009/010 calendar' days after notice to proceed with the work as given by the Owner, fully realizing that the contract will carry liquidated damages provision in the amount of One Hundred Dollars ($100.00) per day. "Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. EXAMINATION OF SITE: By signing the Proposal Form, contractor acknowledges he is an authorization representative and has examined the site and is aware of all field conditions, which may affect the work, I (or we) agree to promptly furnish a correct and current financial statement of condition with a list of owned equipment and an experience record of completed projects for examination by Owner and Architect, if same is required. NOTE: ON THIS TYPE OF PROCUREMENT, THE THREE PERCENT FOCAL PREFERENCE IS NOT APPLICABLE. STATE SALES TAX It is understood that this project is exempt from the State Sales Tax and the proposal amounts quoted herein do NOT include State of Texas Sales Tax. The bidder agrees that, if awarded a contract he will segregate labor and material amounts in such a manner that a Texas Exemption on materials may be legally obtained for the Owner's benefit. The undersigned Bidder further agrees to the following conditions: 1. An incomplete Proposal or one having additional information or other modifications inscribed thereon, may be cause of rejection of the entire Proposal, 2. That, if accepted by the Owner, this Proposal. becomes a part of the contract documents upon the signing of the contract agreements, and failing to comply with any part of this Proposal will be taken as failure of the Bidder to comply with the contract documents and will be just cause for rejection of the work. 3. That the Owner reserves the right to reject any and all bids and waive informalities and irregularities or to accept any bid considered advantageous to him. 4. That he, the Bidder, will not withdraw this Proposal for a period of sixty (60) days from the date hereof: Respectfully submitted, C. R. Reynolds, Inc. Proposer P. 0. Box 310, Sherman, TX 75091 Address ADDENDUM NO.2 PAGE - 7 ?Rr0BIZ004 13:53 940 349 7302 CITY OF DENTON PURCHASING #4057 P.010/010 (Seal if submitted by a corporation) Authd�4zYdbffiv& Cris Reynolds President:: Title April 9, 2004 Date 903-891-3996 Phone 903-891-3997 Fax ADDENDUM NO.2 PAGE - 8 CITY OF DENTON PURCHASING #4190 P.002/003 ,,4PR,.2212004 12:27 940 349 7302 - MATERIALS MANAGEMENT DMSION 901 E TEXAS STREET • DENTON. TEXAS 76201 •940.349.7100 • VFW METRO 817.267.0042 • FAX 940.349,7302 C.R. ReynoU, Inc& P.O. Bow 310 Sherman, 7'eoc4W 75091 Aprfi,22, 2004 ReP IZFCSP 3148 Emay FGower Fx CivioCenter Renovattow Mr. Reynoidk, Atta.chP,dyowwLi�f1,vtd.'t3�e�va.UvPiert��,:neereds ccnd.ne�oi'ra�ed� Pricy fbrig►PiEMaY FLOwe-r aald.CwtacenL?,r Pr(Z ect Pie~ review alr4 J, .�thf* {a4 aaui/ retwrry 6tto• M& Lf dk4l W Savo factasy. ?per our corweraattan.tocia y I�La.nPura v1%iiry ba %c�tY►a t yo, �r company wor& makes every effort to- woe loco &wBL ww—,a; whew paw,z le: 7'Wa YOty for yOtAr Lnterebt itvth&CUy of 27entovv SLncerezy, Aathor4ed.5Lgnatticre Venfwha.rpooL �gL -------------- Sr. 'Sayer Mazerca2& Ino. Ma4UWjP.v� Dedicated io Quality &mire" w w.v1Wfdvwo".eom rhPR..22'2004 12:28 940 349 7302 CITY OF DENTON PURCHASING #4190 P.003/003 }._ _. _�• _- ..�.�.. .cau ram: oov oa•ea pVUL1UTIJ i@ t.V ia002 y City of Denton Civic Center and Emily Fowler Library: Bidding Negotiations 1 CR Reynolds Proposed Bass Bid Amounts: Base Bid Civic Center. 1,012,198.00 Base Bid Emily Fowler Library. 1,237,132.00 Base Bid Total: 7,249,330.00 Civic Alternates 339,339.60 Copper Roof 30,000.00 Library: Const ARemateslEnhancements 98,550.00 Construction Sub -total 19.5 Value Engineering Items 1 M Reconfig undernoor duct 2 M Round duct for rectangular 3 P Schad 40 PVC for cast iron under floor 4 P Sched 40 PVC for cast Iron in waits 5 P Floor mounted toilets 6 P EWC: Oasis EWC 7 P gum flush valves B P Flush valves to manual 9 P Fountain: Haws EWC to Haws non refrig 10 P Fountain: Haws EWD to Oasis non rettig 11 Sprink No vault or back flow preventer 12 Fabric substitution 13 E Spec grade switches 14 Plaza wf 16 oz copper roof 15 E Light fixture changes 16 E Existing library panels B&C to remaln 17 E Reuse exist 30 KVA Transformer 18 E Not rewire 2B CC floor boxes 19 E Delete floor boxes at library 20 E Exist transformer to be reused already 21 E Emergency lights 22 Fire Lite 23 E Deletela fixtures at plaza Total Value Engineering Rents Construction Subtotal Civic Center. Owner Purchased Carpet Civic Center: Clerestory Window Repair Civic Center. Ceramic Tile Trim Places Library. Owner Purchased Carpet ($50.000 included in Base) Library: Owner Purchased Signage ($50,000 included in Base) -1,200.00 -1,300.00 -825.00 -2,2D0.00 -11,230-00 -2,OOD.00 -43,035.00 -13,404.0D VE Not taken -1,200 -3,600.00 -1,000 -200 -1,400 -1,050 .3,300 .�. -1,700 0.00 OM 0.00 -3,728.00 1582.00 -1 ,75D.00 2,634,637.60 20,000.00 0.00 25,000.00 50,000.00 20,000.00 Additional Construction Amounts Subtotal 115,000.00 Construction Total 2.749.637.50 Client#: 7110 REYNOINC ACORQR CERTIFICATE OF LIABILITY INSURANCE 05/07/ 4° "" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McClueary Henry Bowles Troy LLP 12700 Park Central Drive ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1700 Dallas, TX 75251 INSURERS AFFORDING COVERAGE NAIC # INSURED C. R. Reynolds, Inc. PO Box 310 \,� IL Sherman, TX 75091-3100 ,\1,\ 1_9IIYA{(1 INSURER A: Employers Mutual Casualty INSURER B: INSURER C: INSURER D: 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. LTR N TYPE OFINSURA POLICY NUM R POLICY EFFECTIVE DATE MWDD1YY1 POLICY EXPIRATION DATE (MM/DMY1 LIMITS A GENERAL LIABILITY 1 D9207405 02/25/04 02/25/05 EACH OCCURRENCE $1 000 000 ✓- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100000 CLAIMS MADE 7 OCCURI $5 000 MED EXP (Any we person) PERSONAL & ADV INJURY $1 OOO 000 GENERAL AGGREGATE $2 00O 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 52000000 POLICY X PROT LOC A AUTOMOBILE LIABILITY 1 E920740 02/25/04 02/25/0 COMBINED SINGLE UMIT ANY AUTO (Ea=iden0 $1,OOQ000 BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peraxidenp $ HI RED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Par=idwt) $ GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTOONLY: AGO A EXCESSNMBRELLA UABIUTY 1 J9207405 02/25/04 02/25/05 EACH OCCURRENCE S4 000 O00 OCCUR CLAIMS MADE X AGGREGATE $4 000 000 $ DEDUCTIBLE X $ RETENTION $ $1 O 0O0 A WORKERS COMPENSATION AND / 1H9207405 02/25/04 02/25/05 X LU IT OTH- E.L. EACH ACCIDENT $1 000 ODO EMPLOYERS ' LIABILITY ./ ANY PROPRIETORPARTNEREXECUTIVE E.L DISEASE- EA EMPLOYEE S1 OOO OOO OFFICERMEMBER EXCLUDED? No II yea, de nbe entler SPECIAL PROVISIONS bd. E.L DISEASE -POLICY LIMIT 1$1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Civic Center of Emily Fowler Library Renovation, Booziotis & Co. Architects Job #03115 ✓ The City of Denton, Its officials, agents, employees and volunteers are endorsed as additional Insured with regards to the General Liability and Business Auto policies and waiver of subrogation when required by a written contract or agreement but (See Attached Descriptions) City Of Denton 901B Texas Street Denton, TX 76201 LO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL l0_ DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL HE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 25 (2001/08) 1 of 3 #M41770 LKG 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 25S (2001/08) 2 of 3 #M41770 DESCRIPTIONS+(Coptfnued only with respect to and to the extent of the liabilities assumed by the Insured under the✓ contract or agreement. These coverages shall be considered primary to those of the additional Insured.—.' he Said policies shall not be canceled,non renewed or materially changed without 30 days advance written notice being given to the owner except when the policy is being canceled for non payment of premium In which case 10 days advance written ✓ notice is required. ........... AMS 25.3 (2001/08) 3 of 3 SM41770 Client#: 7110 f:T3/Xr*TrTi ACORD- CERTIFICATE OF LIABILITY INSURANCE 0510no4°MY' PRODUCER MCOueary Henry Bowles Troy LLP 12700 Park Central Drive Suite 1700 Dallas, TX 75251 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 If INSURED C. R. Reynolds, Inc. PO Box 310 Sherman, TX 75091-3100 \I� `\'���11/ J S✓ INSURERA: Fireman's Fund Insurance Co. INSURER B: INSURER C: INSURER D: 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, LTR N TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR DAMAGETO RENTED $ MED EXP (My one person) $ PERSONAL &ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S POUCY PRO- LOG JECTAUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE OMIT Be accident)ALL $ BODILY INJURY (Per person) $ OWNED AUTOS SCHEDULED AUTOS BODILY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ $ S DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND WC STATU. OTH- EMPLOYERS LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE F02t25/05 E.L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE E OFFICER/MEMBER EXCLUDED? R yes, Ae under SPECIAL AL PPROVISIONS pelaw E.L DISEASE- POLICY LIMIT $ A OTHER BLDRS RISK Risk -Subject MX197704332 to Policy Terms, 02/25/04 Conditions $5,000,000 per ProjectAll $1,000,000 FRAMEExclusions and Deduct of $2,500 or $5,000 e $100,000.Offsite/Trnst DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Civic Center of Emily Fowler Library Renovation, Boozlotis & Co. Architects Job #03115 ✓ The City of Denton, and all subcontractors as their Interests may appear are added as loss payee. City Of Denton ✓ 901 B Texas Street Denton, TX 76201 LD ANY OF THE ABOVE DESCRIBED POUC15S BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _' 9_WAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/0811 of 9 B1UIAI7RG I ten a 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 (2001108) 2 of 2 BM41769