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Home My WebLink About2001-373ORDINANCE NOILO-1-9 715 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF ROOF COATING AT FIRE STATIONS NO 5 AND NO 6, DENTON, TX, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2714 — ROOF COATING AT FIRE STATIONS NO 5 AND NO 6, AWARDED TO MOISTURE SHIELD, INC, DALLAS, TX IN THE AMOUNT OF $39,330) 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 That the following competitive bids for the construction of public works or improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on file in the Office of the Crty's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID AMOUNT NUMBER CONTRACTOR 2714 Moisture Shields, Inc $39,330 SECTION 2 That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION 3 That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION 4 That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION 5 That this ordinance shall become effective immediately upon its passage and approval 2 C/ �f' PASSED AND APPROVED this the day of AX z& — 2001 Z"v, An, EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 4 APPROVED AS TO LEGAL FORM HEP BY 2714 ATTACHMENT TABULATION SHEET Date 8/28/01 BID # 2714 ROOF COATING AT FIRE STATION NO 5 & NO 6 V ND R VE DOR VENDOR VENDOR VENDOR p DESCRIP O DENTON METRO JEFF EUBANK ROOFING AA APPLICATORS MOISTURE SHIELD i' TRINITY CONSTRUCTION COMPANY, INC INC ROOFING DENTON DENTON FORT WORTH DALLAS DALLAS Principle Place of Bysmess BASE BID 1 - FIRE $42 867 $31,200 $36,195 $35,902 $20,730 1 STATION # 5 BASE BID 1 - FIRE $35,889 $26,000 $27,445 $31,973 $18,600 2 STATION # 6 LUMP SUM BID $78,756 $57,200 $63,640 $67,000 $39,330 3 BID BOND YES CHECK ENCLOSED YES YES YES 4 5 ADDEN UM1 YES YES YES YES YES 2 Roof Coating at Fire Station # 2714 CITY OF DENTON on No 5 and No 6 August 9, 2001 CONTRACT AGREEMENT § STATE OF TEXAS § § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2na day of October A D , 2001, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A Conduff thereunto duly authorized so to do, heremafteri,termed "OWNER," and Moisture Shield Inc 2912 Barge Lane Dallas TX 75212-4243 of the City of Dallas , County of Dallas and State of Texas , hereinafter termed "CONTRACTOR " WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below Bid #2714 Roof Coating at Fire Station No 5 and No 6 in the amount of $39,330 00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at ins (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 the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by Armko Industires Cc and City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract CA-1 ill Roof Coating at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August 9, 2001 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 76 Roof Coating at Fire Station No 5 and No 6 Bid #2714 CITY OF DENTON August 9, 2001 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day firstlabove written ATTEST ATTEST BY lV 1 OWNER (SEAL) MAILING ADDRESS PHONE NUMBER F.AAXI NUMBER BY �rPs1d�1 )T TITLE SDan vk)h, y-A'(-J PRINTED NAME CA-3 (SEAL) 77 Roof Coating at Fire Stations No 5 and No 6 Bid #2714 CITY OF DENTON August 9, 2001 Moisture Shield, Inc NAME OF BIDDER Moisture Shield, Inc. DATE 08/27/01 MS CHRISTY SKIRCHAK PURCHASING CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76209 Dear Ms Skirchak The undersigned, in compliance with your advertisement for Bids for the Roof Coating at Fire Station No 5 and No 6, having examined the Drawings and Specifications, together with the related documents and all conditions surrounding the work, and having visited the sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents within the time set forth herein and at the prices stated below These pnoes shall cover all expenses incurred in performing the work under the Contract documents, of which the Proposal is a part Attached herewith, please fmd (Cashier's Check) (Certified Check) (Bid Bond) in the amount of $ 1,967.00 , five percent (5%) of the bid I (or we) acknowledge receipt f the following addenda ADDENDA #1 7_(Initial) ADDENDA#2 (Initial) ADDENDA #3 (Initial) 62 Roof Coating at Fire Stations No 5 and No 6 Bid #2714 CITY OF DENTON August 9, 2001 Moisture Shield, Inc CONTRACT DOCUMENTS Having exammed the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid # 2714) and Conditions for the Roof Coating at Fire Station No 5 and No 6 work, and having examined the premises and circumstances affecting the work, the undersigned offer OFFER To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Roof Coating at Fire Station No 5 and No 6 for the following area BASE BID 1— FIRE STATION NO 5 Provide elastomenc coating roof system and repair metal flashings per specifications Twenty Thousand Seven Hundred Thirty Dollars & .00/¢ $20.730.00 Ten Thousand Three Hundred Sixty Five Dollars MATERIALS $ 10,365.00 LABOR Twenty TOTAL Ten Thousand Three Hundred Sixty Fief DTDa.0 Thousand Seven Hundred Thirty Dollars BASE BID 2 — FIRE STATION NO 6 Provide elastomenc coating roof system and repair metal flashings per specifications Eighteen Thousand Six Hundred Dollars & 11 i $ 18,600.00 MATERIALS Nine Thousand Three Hundred $ 9,300.00 Nine Thousand Three Hundred �1 TOTAL Eighteen Thousand Six Hundred Dollars $ 9,300 00 18,600.00 LUMP SUM BID — IF BOTH AWARDED TO ONE CONTRACTOR Twenty Thousand Seven Hundred Thirty Dollars & .00/& $ m 73n.00 Ten Thousand Three Hundred Sixty Five Dollars MATERIALS $ 10,36s.00 Ten Thousand Three Hundred Sixty Five Dollars LABOR $ 10,365 00 TOTAL Twenty Thousand Seven Hundred Thirty Do$lar 20,730 00 In words Eighteen Thousand Six Hundred Dollars & 00/d $ 18,600.00 Nine Thousand Three Hundred Dollars MATERIALS Nine Thousand Three Hundred Dollars $ 9,300.00 TOTAL Eighteen Thousand Six Hundred Dollars $ 18,600.00 63 Roof Coating at Fire Stations No 5 and No 6 Bid #2714 CITY OF DENTON Moisture Shield,Inc August 9,2001 UNIT PRICE PROPOSAL 1 Remove and replace deteriorated metal roof panel to match existing $ 6 00 per square foot 2 Additional cost over and above the contract amount for weekend or overtime requested by the Owner $15 00 dditional cost per man per hour QUALIFICATIONS Contractor shall fill in below material manufacturer's company name of materials being bid on Elastomenc Coating Roof System Thermo EXAMINATION OF SITE By signing the Proposal Form, contractor acknowledges he is an authorized representative and has examined the site and is aware of all field conditions, which may affect the work TAXES Tax shall not be included in your bid Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT (110%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND The undersigned agrees to complete all work shown on the drawings and in the specifications within the tune limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or tune as may be approved by the Owner Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion by December 31, 2001 If a contractor is awarded the project, the project must be completed within the dates shown above or the 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 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 64 Roof Coating at Fire Stations No 5 and No 6 Bid #2714 CITY OF DENTON Moisture Shteld,Inc IAugust 9, 2001 The undersigned agrees that the Owner may retain the sum of ONE HUNDRED FIFTY DOLLARS ($150 00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED This amount is agreed upon as the proper measure of liquidated damages which the Owner will sustam per day by failure of the undersigned toll, complete the work at the stipulated time, and is not to be construed in any sense as a penalty Payment will be made to the contractor within thirty (30) days after receipt of proper invoice and wntten acceptance of project from the Owner's representative, all required material invoices, documentation, etc and all written warranties from both contractor and manufacturer 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 SEAL (If by Corporation) RESPECTFULLY SUBMITTED BY ame) President (Title) 2912 Barge Lane (Address) Dallas, Texas 75212 Indicate if ( ) Partnership (k Corporation O Sole Owner If a partnership, list names and addresses of partners If corporation, indicate state in which corporation was organized and is existing Texas Principal Stockholders (Name and Address) nan Whitfield 2912 Barqe Lane Dallas, Texas 75212 David Doyle 2912 Barge Lane Dallas, Texas 75212 65 Roof Coating atF'ueStation No 5and No 6 STATE OF TEXAS COUNTY OF DENTON Bid # 2714 PERFORMANCE BOND BOND NO CITY OF DENTON August9,2001 118293 I NOW ALL MEN BY THESE PRESENTS That Moisture Shield Iric. whose address is 2912 Barge Lane Dallas Texas 75212-4243 hereinafter called Principal, and EVERGREEN NATIONAL INDEMNITY COMPANY a corporation organized and existing under the laws of the State of ORIO , and fully authonzed 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 THIRTY NINE THOUSAND, THREE HUNDRED AND THIRTY DOLLARS ($ $39,330.00) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages ansmg 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 stem well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, fiimly 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 2001-M, with the City of Denton, the Owner, dated the 2nd day of Qc&Rber A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2714 Roof Coatine at Fire Statton No 5 and No 6 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 Klaus, 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 dunng the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and Will 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 modr£tcations to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty matenals 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 of deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB-I 78 Roof Coatwgat'FueStanaid # 271 a CITY OF DENTON Station SandNb 6 August9,2001 PROVIDED '1 MTPII;R, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FUR.TFIER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to he terms of the Contract, r to the Work to be performed thereunder, or to the Plans, Sp accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby wave notice of any such change, extension of time, alteration or addition totermsrawn he Contract, or to the Work to be performed thereunder, or to the Plana, specifications, 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 deliverservice of process may be had in anstrig out of such suretyship, as ed andb n w c om e tters 7 19-1 of the Insurance Code, Vernonas Annotated Civil statutes of the State of Texas y I WITNESS WHEREOF, this instrument is executed in ONE copies, each one of which shall be deemed an original, this the 2ND day of oCTOSER , ? 001 — ATTEST 1 SECRETARY ATTEST BYL MOISTURES ELD BY V� PRESIDENT SURETY The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is' NAME; CHAD W. LAND STREET ADDRESS 215D (NO IM Date of Performance Bond must be date of Contract U Resident Agent is not a corporation, give a persons name) PB - 2 79 Roof Coat4 at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August 9, 2001 PAYMENT BOND BOND NO. 118293 STATE OF TEXAS COUNTY' OF DENTON KNOW ALL MEN BY THESE PRESENTS That Nlotsture Shield Inc . whose address is 29PHarge e.DgjjM,jX 75212.4243 , hereinafter called Principal, and F17 NATTONAI, INDEMNITY COMPANY a corporation organized and existing under the laws of the State of OHIO , 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 oigamzed 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 builduig or improvements hereinafter referred to, in the penal sum of THIRTY NINE THn1 SAVA THREE gUNDUp AND TM TY DOLLARS ($39,330) ) 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, lomtly and severally, fimily 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 2001-_2L3, with the City of Denton, the Owner, dated the °2 d day of October A D. 2001 , a copy of which is hereto attached 8nd made a part hereof, for Bid #2714 Roof Coating at Fire Station No. 5 and No, 6 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 e0ect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas, AND PROVIDED FURTHBR, 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 s0 Roof Coatmg at Fue Station No S and No 6 Bid # 2714 CITY OF DENTON Augmt9,2001 Tlus Bond is given pursuant to the provisions of Chapter 2253 4 the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersiped and designated ages t is hereby designated by the Surety harem 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 1N' WITNESS WREREOF, this instrument is executed in ONE copies, each one of which shall be deemed an original, this the 2ND day of OCTOBER , 2001 ATTEST 13Y SECRETARY ATTEST BY MOISTURE SHIELD, INC BY PRESIDENT SURETY EVERGREEN NATIONAL INDEMNITY COMPANY f �Q AT�. BY _ C�.d�V- cHEY CHAD W. LAND ACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME CHAD W.. LAND STREET ADDRESS 215 DURANGO DR., TROPHY CLUB, TX 76262 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) 91 IMPORTANT NOTICE IN ORDER TO OBTAIN INFORMATION OR MAKE A COMPLAINT, You mayleall EVERGREEN NATIONAL INDEMNITY COMPANY'S toll -free number at 800-325-9112 or You may write to EVERGREEN NATIONAL INDEMNITY COMPANY at Attu Claims Department P O Box 18295 Columbus, OH 43218 You may also contact the Texas Department Of Insurance to obtain information on companies, coverage's, rights or complaints at 800-252-3439 You may write the Texas Department Of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 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) 2253.048, Government Code, and Section 53 202, Property Code, effective September 1, 2001 Roof Coatmp at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August9,2001 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 carvers 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 82 Roof Coating at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August9,2001 ,,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 tern of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences ansing 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 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 [XI A General Liability Insurance: General Liability insurance with combined single limits of not less than S 1.000.000 shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies 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 83 Roof Coating at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August9,2001 • 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 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 C{ty 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 84 Roof Coatm* at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August9,2001 [ J 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 serknce agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications 85 Roof Coating at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August 9,2001 ATTACE MENT I [XI 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 carvers, 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 M Roof Coating at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August 9, 2001 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 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 7, 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 87 Roof Coating at Fire Station No 5 and No 6 Bid # 2714 CITY OF DENTON August 9, 2001 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 Bid #2714 — Roof Coating at Fire Station No 5 and No 6 I-V SAGIFAX 101101101 RmPM HPN r. L 11"Mit.4 c I I I PAGE I ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DD/YY) 08/16/01 PRODUCER HRH Dallas 5520 LBJ Freeway, Suite 600 Dallas, TX 75240 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 972 385-9922 INSURED Moisture Shield, Inc. INSURERA Bituminous Casualty Corp INSURER 2912 Barge Lane INSURER _ Dallas, TX 75212 INSURER INSURER E THE POUCIES 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 EXCLUSIONSAND CONDITIONSOF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LSq TYPEOFINSUgANCE POLICYNUMBEq POU EfFE TIVE DA M DO POLGYEXPIRATIO DATE(MMIDDIM LIMITS A GENERAL LIABILITY CLP3103138 01/01/01 01/01/02 EACHGCCURRENCE s1,000,000 X COMMERCIALGENERAL LIABILITY CLAIMS MADE OCCUR FIRE DAMAGE(Anyme lire) $100000 M90 EXP(Anymeperem) $5 000 X D Ded:1,000 PERSONAL$ADV INJURY $1 00O 000 GENERAL AGGREGATE s2,000,000 GEN LAGGREGATELIMITAPPLIESPER POLICY X JECT LOD PRODUCTS COMP/OPAGG s2,000,000 A AUTOMOBILE X LIABILITY ANYAUTO CAP3103139 01/01/01 01/01/02 (Eawol�ED)SINGLELIMIT $11`000,000 ALLOWNEDAUT09 SCH EOU LED AUTOS (Per perem) X X HIREDAUTOS NON OWNEDAUTOS BODILYINJURY (P.,..Idenl) $ PROPERTYOAMAGE (Per ucidenq $ GAR AGELIABILITY AUTOONLY EAACCIDENT S OTHER THAN EA ACC AUTOONLY AGG $ ANYAUTO $ A EXCESSLIABILITY X OCCUR CLAIMS MADE CUP2531149 01/01/01 01/01/02 EACH OCCURRENCE $2 000,000 AGGREGATE $2 000,O0O DEDUCTIBLE X RETENTION $10000 $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITYTr WC3103137 01/01/01 01/01/02 X TWOCRYTATU OEH EL EACH ACCIDENT $1 000 a000 E L DISEAS E EA EMPLOYEE$1 000 000 EL DISEASE POLICY LIMIT Sl 1, 000 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY EN DORSEMENT/SPECIAL PROVISIONS Re: Fire Station #5 & #6. Bid #2714 The City of Denton, its Officials, Agents, Employees and volunteers are named as additional insureds on the general liability and auto liability (See Attached Descriptions) SHOU LO ANYOF TH E ABOVE DESCRIB ED PO LICI ES B ECANCEL LED BEFORE TH E EXPIRATION City of Denton DATE TH ER EOF TH E ISS LING I NS UR ER WI L L EN DEAVOR TO MAI L3L�—DAYS WRITTEN Attn: Christy Skirchak NOTICETOTHE CERTIFICATE HOLDERNAM EDTO THE LEFT BUT FAILURE TO DOSOS HALL 901B Texas Street IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER ITS AGENTS OR Denton, TX 76201 REPRESENTATIVES R EPR ES ENTATIV E ^ ..4'VIaf).L OI J f5/LN511/m/u9nz HGS 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer($), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded bythe policies listed thereon --n.a'j.NG or 3 $,/LJ7//M/VNSZ OESCRIPTIONS (Continued from Page 1) policies. This insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy. Policies shall not be cancelled, nonrenewed or materially changed without 30 days advanced written notice being given to the owner(City of Denton) except when the policy is being cancelled for non-payment premium in which case 10 days advance written notice is required wiver agents oemployeesSubrogation and volunteersoforthe anycity work performed for it's officials, for the City g r employees on the workers compensation policy. AMS 25 3 (07/97) 3 a EVERGREEN NATIONAL INDEMNITY COMPANY CLEVELAND,OHIO POWER OF ATTORNEY Moisture Shield, Inc 10/02/01 DATE 39,330 00 39,330 00 CONTRACT AMOUNT AMOUNT OF BOND POWERNO 118 2 9 3 KNOW ALL MEN BY THESE PRESENTS That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate constitute and appoint, — Camille Edwards, Gwenn J Hall, Chad W Land, Lanny W Land its true and lawful At4omey(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed where required, any and all bonds, undertakings, recogntzaaces and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under tins Power of Attorney shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000 00) This Power of Attorney is granted and is signed by ficsiimle pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of February,1994 "RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attorney(s)-m-fact of such persons, firms, or corporations as may be selected from time to tune FURTHER RESOLVED, that the sngosume of such officers and the Seal of the Company may be affixed to any such Power of Attorney or my certificate relating thereto by facsumle, and way such Power of Attorney or candlew hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such powers so executed and certificate by faceunile signatures and f ici mule seal shall be valid and binding upon the Company in the future with respect to any bond or undertalmig to which it is attached' IN WITNESS WHEREOF, the Evergreen National indemarty, Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized ofRems dus 23rd day of February,1994 ANAL INp "°+z EVERQN NATION INDEMNITY COMPANY PORgTF� �.4 IL 3 Roswell EWs,President tu� eso i n s K i, SEAL Olemi D $Ourllwnek, Treasurer PP Notof bhc State gg �.. ....... On dus 10th day of May, 2001, before the subscriber, a Notary for the State of Oluo duly coimnissioned and qualified, personally came Roswell P Ellis and Olerm D Southwick, of the Evergreen National Indemnity Company, to me personally known to be the individuals annddo � cere es� ed herem. and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed of said Company athresaid and that the seal affixed to the preceding instrument is the Cne the Officers orporate Seel of said Company, end the said Corporate Seal and signatures as offices were duly affixed and subscribed to the said mstramant by the authority and direction of surd Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now to force IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offimal seal at Columbus Ohio the day and year above written. Pp1AL !22� L i SUE F. DUFN sue E Duffy Notary Public State of Ok b + ♦ NOTARY PllB A STATEOFOW My Commission expires August 6, 2004 DIY OOw11IODN EXPIRESAXi. WO4 State of Oluo) � pF S I, the undersigned Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Oluo, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors, act forth herem above, a now in force 2nd inio,•� „"', • •, """..� October, 2001 r \ Signed and sealed Columbus, Oluo this __o`O n ` l g PORAre\ Kurt H II IIIII IIIII IIIII IIIII IIIII IIIII III t OT �� 0 d, Secretary EAny ,production o facsimile of this form its void and invalid o t j 118293 •1337885• %. V7� w„ 1938„ �laa