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1997-272 O INANCE NO qT:g AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of pubhc works or improvements m 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 bads are the lowest responsible bads for the constmcuon of the public works or improvements described in the bid lnvltaUon, bad proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described m the "Bad Invitations", "Bad Proposals" or plans and specifications on file an the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID ~ CONTRACTOR AMOUNT 2092 CEI ROOFING, INC $44,758 00 ~ 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 reqmrements specified in the Notice to Bidders including the timely execution of a written contract and furmsbang of performance and payment bonds, and insurance certificate after notification of the award of the bid S~CTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notme to Bidders and Bid Proposals, and documents relatang thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contmned thereto SECTIO31 IV That upon acceptance and approval of the above compeut~ve bxds and the execuuon of contracts for the pubhc works and unpmvements as authorized herein, the City Council hereby authorizes the expenditure of funds m the manner and m the amount as specxfied in such approved bids and authorized contracts executed pursuant thereto ~ That this ordinance shall become effective ~mmedmtely upon xts passage and approval PASSED AND APPROVED th~s the day of _ ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE SEPTEMBER 9, 1997 ~NCJ. L REPORT TO Mayor and Members of the City Council FROM Kathy DuBose, Assistant City Manager of Finance SUBJECT BID # 2092 - REROOI~ING AT DENTON MUNICIPAL COMPLEX RECOMMENDATION: We recommend flus bid be awarded to the low bidder, CEI Roofing, Inc, in the mount of $44,758 00 SUMMARY: This bid is for all labor and materials necessary in the replacement of approximately 8,600 square feet of roof over the "vision area" of the Denton Municipal Complex This roof has had many leaks and is in need of replacement to alleviate mmntenance and damage costs Notices to bid were totaled to thirty five roofing contractors and bid proposals were received from SlX PROGRAMS.. DEPARTMENTS OR GROUPS AFFECTED. Facilities Management, Denton Municipal Complex employees, and citizens using the bmldmg ~tSEALJ3~tP~CI: Budgeted maintenance funds for roof repair, account number 457-032-BLDG- 9718-9101 Attachments Tabulation Sheet Memo from Brace Hemngton Memo from Armko Industries Respectfully submitted Assistant City Manager of Finance Prepared by Name Demse Harpool Title Senior Buyer Ap~ ~ Name Tom D Shaw, C P M Tffie Purchasing Agent 928 AGENDA 3 tEt-D # -- 2092 ID NAME R~ROOFING AT DENTON ADVANTAGE SEYFC STEEL LITE CEI J & J C O MUNICIPAL COMPLEX CONTRACTING ROOF ROOFING ROOFING ROOFING MCKAMIE OPEN DATE CORP CO, ] INC INC AUGUST 28,1997 ~QTf [ -- '~F~RImONBASE BID - ROOF AREA B VI~NI~R- ~N~ _ V_ENDgR _ y~E~Qlq ~ VEeR ~VE~NDOR _ ALTE~ATE BID NO 1 INSTALL METAL COPING OVER BLOCK I STONE ~OUND PERMIMETER TOTAL $1,fl00 00 $2,6~ ~ $2,188 00 $1,3~0 00 $4,550 00 $~,790 00 ALTERNATE BID NO ~ REPLACE fiTANDING SEAM METAL AT ALTERNATE BID NO 3 TOTAL $1,000 00 $400 00 $1,915 00 $1,274 00 S645 00 $1,0~ 00 REPLACE METAL EXPANSION JOINT ALONG NORTH WALL -- 1 LUMP SUM BID , ~ REMOVE & REPLACE DA~GED / ~ ~ REMOVE & REPLACE DETERIO~TED] $1,600 00 OWNER $ ADDITIONAL COST BID BOND YES y YES YES YES _ _ _ YES ADDENDUM 1 & 2 _ I DELIVER~ C~ITY of DENTON, TEXAS MUNICIPAL BUILDING · 215 E McKINNEY · DENTON, TEXAS 76201 (817) 566 8200 * DFW METRO 434 2529 To Denase Harpool, Senaor Buyer From Bruce Henangton, Facalltaes Manager Subject DMC Roof Renovataon Facllatles Management staff recommends awardang the roof contract, bad number 2092 to the low bidder C E I Roofang Inc We would also recormnend awardang not only the base bad but include alternate number one and alternate number two (Total contract amount of $44,758 w~th contlngency amount of $5,998 for concrete deck and deteriorated nailers ) Thanks ~ CFM~ "Dedtcated to Quahty Service" 5 CC)RI)ORATE OFF.E.: 9008 L.BJ FRWY ,. SUITE ~ -DAT. LA~, TX ?8234 o 972~43-5441 ,, FAX 972t241-8~21 6 CONTRACT AGI~EMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 9 day of S~PTEMBER A.D., 19 97 , by and between T~E CITY OF DENTON of the County of DENTON and State of Texas, actlng through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed ,,OWNER," and C~I ROOFING INC. 3Q22 W~RRLOCK ST. DALLA~ ~ TX 75220 of the city of DALLAS , County of pALLAS 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 u~der the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specifIed below: BID # 2092 -- REROOFING AT DENTON MUNICIPAL COMPLEX in the amount of $44,758 oo 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 1n accordance with the plans, which includes all maps, plats, CA - 1 b~ueprlnts, and other drawings and printed or written explanatory matter thereof, and the Specificatlons therefore, as prepared by CITY OF DENTON STAFF all cf which are made a part hereof and collectively evidence and constitute the entire contract. Indenendent 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 cf 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, w~th 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 C0~TRACTOR 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 t~me 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 th~s 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 e×ecUted thlS agreement in the year and day first above written. (s~) ATTEST: /~ ~/ CONTRACTOR BYRON L WAPNICK ASST SECRETARY C~-~. R99r~4~ INC. 3022 wHEELOCK STREET D~ ~ AS. ~E~S 75220 MAILING ADDRESS PHONE NUMBER FAX Nt3MBER DOUGLAS/C READER, PRES. APPROVED AS TO FORM: / (SEAL) AAAO184D Rev. 04/05/96 CA - 3 PERFORMANCE BOND THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That CEI ROOFING, INC., whose address is 3022 WHEELOCK ST, DALLAS, TX 75520, hereinafter called Principal, and ., a eorporatton organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal corporataon orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of FORTY FOUR THOUSAND SEVEN HUNDRED FIFTY EIGHT and no/100 -- (44,758 00) plus 10 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, m lawful money of the United States, to be prod in Denton County, Texas, for the payment of wbach sam well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jmmly 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 97-272, with the City of Denton, the Owner, dated the 9 day of September A D 1997, a copy of whmh is hereto attached and made a part hereof, for BID # 2092 -- REROOFING AT DENTON MUNICIPAL COMPLEX NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakangs, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specffica'aous and Contract Documents dunng the original term thereof and any extension thereof wluch may be granted by the Owner, with or v~thout 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 fulfill all the undertakings, covenants, terms, con&tlons and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice ofwhmh mo&ficaUons to the Surety being hereby waived, and, if the Pnnc~pal shall repmr and/or replace all defects due to faulty matenals and workmanstup that appear within a period of one (1) year from the date of final eompletaon and final acceptance of the Work by the Owner, and, if the Principal shall fully ~ndemmfy 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 rematn m 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 PERFORMANCE BOND - Page 1 AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addlUon 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 anyvase affect its obligation on this Bond, and it does hereby wmve 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, Specfficatlons, 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 hereto as the Resident Agent in BENTON County to whom any reqmmte notices may be delivered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemon'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 9 day of September, 1997 ATTEST PRINCIPAL BY BY SECRETARY PRESIDENT ATTEST SURETY BY BY ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a gerson's name ) [Revxsed 2/971 PERFORMANCE BOND - Page 2 THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That CEI ROOFING, INC, whose address is 3022 WHEELOCK ST., DALLAS, TX 75220, hereinafter called Principal, and , a corporataon orgamzed and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mummpal corporation orgamzed 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, ~n the penal sum of FORTY FOUR THOUSAND SEVEN HUNDRED FIFTY EIGHT and no/100--- ($44,758.00) ,n lawful money of the United States, to be prod in Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby b,nd ourselves, our heirs, executors, admlmstrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond shall automatmally be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract price, but in no event shall a Change Order or Supplemental Agreement winch 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, ldentlfted by Ordinance Number 97-272, with the C~ty of Denton, the Owner, dated the 9 day of September, A D 1997, a copy of winch is hereto attached and made a part hereof, for BID # 2092 -- REROOFING AT DENTON MUNICIPAL COMPLEX NOW, THEREFORE, xfthe Pnncxpal shall well, truly and faithfully perform its duties and make prompt payment to all persons, finns, subcontractors, corporations and claimants supplying labor and/or material in the prosecutxon of the Work provided for in said Contract and any and all duly authorized modfficatlons of smd 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 remmn ~n full force and effect PROVIDED FURTHER, that ffany legal action be filed on this Bond, exclusive venue shall he in Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or adchtion to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall ~n anywise affect ~ts obhgat~on on this Bond, and ~t does hereby waive notice of any such change, extension of t~me, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficatlons, Drawings, etc TNs Bond ~s g~ven pursuant to the provts~ons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas PAYMENT BOND - Page 1 The undersigned and destgnated agent ts hereby destgnated by the Surety herren as the Restdent Agent m DENTON County to whom any reqmslte notmes may be dehvered and on whom service of process may be had m matters anstng out of such suretyshtp, as provtded by Article 7 19-1 of the Insurance Code, Vernon's Annotated Ctvtl Statutes of the State of Texas IN WITNESS WHEREOF, thts ~nstmment ts executed in 4 coptes, each one of which shall be deemed an original, thts the 9 day of September, 1997 ATTEST PRINCIPAL BY BY SECRETARY PRESIDENT ATTEST SURETY BY BY ATTORNEY-IN-FACT The Restdent Agent of the Surety tn Denton County, Texas for dehvery of notice and servme of the process ts NAME STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporation, gtve a gerson[s name ) PAYMENT BOND - Page 2 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS B~dder'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 Jn advance of Bid submlssmn the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent Iow 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 obhgatlons which the successful b~dder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without hm~tmg any of the other obligations or habihtms 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 m[mmum insurance coverage as md~cated hereinafter As soon as practicable after notification of bid award, Contractor shall file w~th the Purchasing Department satisfactory certificates of insurance, containing the b~d number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any ~nsurance requirements at any t~me, however, Contractors are strongly advised to make such requests prior to b~d opening, since the insurance requirements may not be modified or waived after b~d opening unless a wrttten exceptton has been submitted w~th the btd Contractor shall not commence any work or dehver any mater~al until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance pohcles proposed or obtained tn sattsfactlon of these requirements shall comply with the following general specfftcatlons, and shall be ma,ntamed m compliance wtth these general specifications throughout the duratton of the Contract, or longer, ~f so noted · Each pohcy shall be issued by a company authorized to do business tn the State of Texas wtth an A M Best Company rating of at least ~, · Any deducttbles or self-insured retenttons shall be declared tn the bid proposal If requested by the C~ty, the insurer shall reduce or ehmmate such deductibles or self-~nsured retentions w~th respect to the C~ty, its AAA00350 .ZWSED ~o/~2/~4 CI - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses · Llabd~ty 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 avadable to the additional insured w~th respect to claims covered under the pohcy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one ~nsured shall not operate to ~ncrease the insurer's hm~t of habd~ty · All policies shall be endorsed to provide thirty(30) days prior written not,ce of cancellation, non-renewal or reduction ~n coverage · Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arming during the contract term which g~ve rise to claims made after expiration of the contract shall be covered · Should any of the required insurance be prowded 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 I~mlt, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Llabd~ty 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 thru contract, effective as of the lapse date If insurance is not reinstated, C~ty may, at its sole option, terminate th~s agreement effective on the date of the lapse AAAO0350 REVISED 10112/94 Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained ~n satisfaction of th~s Contract shall additionally comply with the following marked specifications, and shall be maintained ~n compliance with these additional specifications throughout the duration of the Contract, or longer, ~f so noted [x] A General Liability Insurance: General L~abd~ty ~nsurance with combined single I~m~ts of not less than $1,000,0oo.0Oshall be provided end maintained by the contractor The pohcy shall be written on an occurrence bas~s e~ther m a s~ngle pohcy or ~n a combination of underlying and umbrella or excess policies If the Commercial General L~abd~ty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual I~abfl~ty covering this contract and broad form property damage coverage · Coverage B shall ~nclude personal mlury · Coverage C, medical payments, ~s not required If the Comprehensive General Llabd~ty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, it shall ~nclude at least · Boddy mlury and Property Damage Llabd~ty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habd~ty (preferably by endorsement) covering th~s contract, personal ~nlury habd~ty and broad form property damage habihty CI - 3 Insurance Requirements Page 4 Automobde Llab~l,ty Insurance: Contractor shall provide Commercial Automobile Llabdity insurance with Combined Single Limits (CSL) of not less than $500,000 00 either in a stogie policy or m a combination of basic and umbrella or excess policies The pohcy w~ll include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used ~n conjunction with th~s contract Satisfaction of the above requirement shall be ~n the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos [×] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to meeting the m~mmum statutory requirements for issuance of such insurance, has Employer's Llab,hty I~m=ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational d~sease The C~ty need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the C~ty, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For budding or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance w~th §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 Llabd~ty Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under thru contract, an Owner's and Contractor's Protective Llabdlty insurance pohcy naming the C~ty as insured for property damage and bodily injury which may arise ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00360 REVISED 10112/94 Cl - 4 Insurance Requirements Page 5 "occurrence" basis, and the pohcy shall be issued by the same ,nsurance company that carries the contractor's hab~hW ~nsurance, Pohcy hm~ts w~ll be at least combined bodily ~nlury and property damage per occurrence w~th a aggregate. [ ] Fire Damage Legal Uabillty Insurance Coverage is required if Broad form General Liab~hW is not prowded or ~s unavailable to the contractor or ;f a contractor leases or rents a port,on of a City build;ng Limits of not less than each occurrence are required [ ] Profess;onal Liability Insurance Professional hablhty insurance w~th hm;ts not less than . per claim with respect to negligent acts, errors or omlsSlOr~S in connection w~th professional services ~s required under th~s Agreement [ ] Builders' Risk Insurance Builders' Rink Insurance, on an AII-R~sk form for 100% of the completed value shall be prowded. Such policy shall include as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual bas~s for extra hazardous contracts and specific service agreements If such additional insurance ~s required for a specific contract, that requirement w~ll be described m the "Specific Conditions" of the contract specifications AAAO0350 ,EV~SEO ~on 2/~ CI - 5 Insurance Requirements Page 6 ATTACHMENT I Worker's Compensation Coverage for Bualding or Construction Projects for Governmental Entities A. Definitions Certificate of coverage ("certiflcate")-A copy of a certificate of ;nsurance, a certaflcate of author;ty to self-insure ;ssued by the comm~ssmn, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or ent~ty's employees providing services on a project, for the duration of the project Duration of the project - ;ncludes the t~me from the beginning of the wore on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing serwces on the project ("subcontractor" m §406.096) - ~ncludes all persons or ent~tms perform,ng all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w~th the contractor and regardless of whether that person has employees Th~s includes, w;thout hmltat~on, ~ndependent contractors, subcontractors, leasing compames, motor carrmrs, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde services on the project "Services" include, w~thout limitation, prowdmg, hauhng, or dehvermg equipment or materials, or providing labor, transportation, or other service related to a project. "Serwces" does not include act~wt~es unrelated to the project, such as food/beverage vendors, off;ce supply dehverms, and dehvery of portable todeta. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and flhng 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 AAA00350 REVISED 10/12/94 CI - 6 Insurance Requirements Page 7 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 prolect, the contractor must, prior to the end of the coverage period, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person prov,dlng services on a project, and provide to the governmental entity' (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons prowdlng serwces 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 m writing by certified mall or personal delivery, w~thm 10 days after the contractor knew or should have known, of any change that maternally affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, mn 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 AAAO0350 REVISED 10/12/94 ~,1 Insurance Requirements Page 8 The contractor shall contractually requlra each person with whom ~t contracts to provide services on a prolect, to (1) provide coverage, based on proper report,ng 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 prowding 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 prowdlng 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 dunng the duration of the project, (4) obtain from each other person w~th whom ~t 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) not~fy the governmental entity in writing by certified mall or personae 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 prowdlng services on the project, and REVISED 10/12/94 ~,1 Insurance Requirements Page 9 (7) contractually require each person with whom ~t 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 prowdlng 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 w~th the appropriate insurance carrier or, in the case of a self-insured, w~th the commission's Division of Self-Insurance Regulation Providing false or misleading information may subject the contractor to admlmstrat~ve penalties, cnmlnal penalties, civil penalties, or other clwl 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 ~f the contractor does not remedy the breach w~th~n ten days after receipt of notice of breach from the governmental entity BID NUMBER 2092 PROJECT #:3197042:~ PAGE 1 OF 6 PROPOSAL REROOFING AT DENTON I~IUNIClPAL COMPLEX CITY OF DENTON, TX NAME OF BIDDER CEI Roof=.ng, Inc. DATE 8-28-97 MS DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76201 Dear Ms Herpool The undersigned, in compliance w~h your advertisement for BIds for Reroofing on certain areas of the follovang building DENTON MUNICIPAL COMPLEX have examined the Dryings and Spec~cat~on$, together w~h the related documents and all cond~on$ surrounding the work, and hawng visited the s~es of the proposed work, hereby, proposes to furnish all work in every detail in e_,~__rdance w~th the Contract Documents w~t~n the t~me set forth here~n and at the p~=es stated below These pnces shall cover all expenses incurred in performing the work under the Contract Documents, of wh~tt the Proposal I$a part. Attached herewith, please find (Cashier's Check) (Cerffi'ied Check) (B,,d Bond1 ~n the amount of} 3~000.00 , five percent (5%) ofthe I (or we) acknowledge receipt of the foilo~ng addenda ADDENDA #1 8-25-97 ADDENDA #2 ADDENDA #3 (Initial) CITY OF' DENTON, TX- DF. NTON MUNICIPAL COMPLEX REVISED PAGE $ OF 6 CONTI~ACT DOCUMF. NT~. Having examln~l the Proposal. General Inst/t,x~s, Exeeuam% Drawings, and Centract f~r I:~ l~197042.3 and r.~xxilt]on,, for RerOo~ ~. 1 TO furnish all labor, mataflal, t~, equ~ent, tmnslx~ion, bonds, ail texas, m~dent.i~, end other faaill~, and m peHotm al ,~ fro- ere sa~l ren~oltng for ti're I~ ~ID- ROOF AR~A B FORTY ONE THOUSAND TS~?E HUS]D1~'~D EIGHTY FQ~TR I 41,384.00 TWENTY THOUSAND SIX HUNDRED MA~RIAL~ NINETY TWQ $ 20,692.00 TWENTY THOUSAND SIX HUNDRED LABOR ~...NINETY TWO $ 20,692.00 FORTY ONE THOUSAND THREE T~A/ L HUNDRED m.I'GHTY FOUR $41,384.00 AL.~TE BID NO. 1 - INSTALL METAL COPING OV~ BLOCK STONE AROUND I~IMETER ONE THOUSAND THREE HUNDRED FIFTY ~1,350.00 SIX HUNDRED ~;ENTY FIVE I~T~LS DOLLARS $ 675.00 SIX HUNDRED SEVENTY FIVE L~R DOLLARS. $ 675.00 ONE T]~OUSA~D THREF. HUNDRED T~Ak FIFTY $ 1,350.00 AI,.TERNATE ~ NO. '~ - REPLACE STANDING SEAM METAL AT SOUTH ENTRY ONE THOUSAND TWO HUNDRED SEVENTY FOUR ~1,274.00 I~ATER~AL~ SIX HUNDRED THIRTY SEVEN $ 637.00 SIX HUNDRED THIRTY SEVEN 637.00 ONE THOUSAND TWO HUNDRED SEVENTY 1,274.00 TOTAL FOUR AL~I'F.. BID NO. $ - REPLACE METAL EXPAN810N JOINT ALONG NORTH WALL SEUEN HUNDRED FIFTY $ 750.00 ~%AT~L~ THREE HUNDRED SEVENTY FIVE $ 375.00 LABOR THREE HUNDRED SEVENTY FIVE $ 375.Q0 SEVEN HUNDRED FIFTY TOTAl. $ 750.00 FROM c[TV OF 0ENTON FRX NO 18175857~82 ~u-~='~, REVISED cFrY OF DENTON, TX- DENTON MUNICIPAl. COMPLEX PAGE 4 OF ~) lUMP SUM BiD FORTY FOUR THOU~ND SEVEN HUNDRED FIFTY EIGHT ~44,758.00 TWENTY TWO THOUS~kND THREE HUNDRED 22,379.00 ~AT~S SEVENTY NINE $ - TWENTY TWO THOUSAND THREE HUNDKED [.~JO~ SEVENTY NINE _ ~_ 22~379.00 TOTAL HUNDRED ~IFTY EIGHT ___ $ 44, ,7,58.00~ 4 Inatm#feurk~h(4')~' $1600'eae~ 150E Schuller F~ Tr~ull ~: ,. BID NUMBER 2092 PROJECT #$1970423 PAGE 5 OF 6 PROPOSAL REROOFING AT DENTON MUNICIPAL COMPLEX CITY OF DENTON, TX A wort~ng day m defined as a calendar day, not ~ncludlng Saturdays Sundays, or legal hohdays, ~n which weather or other cond~ons not under the control of the company will perm~ the performance of the prinopel units of work underway for a cont]nuous penod 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 wll be charged agmnst the wo~ng t]me when weather cond~ons will perm~ seven (7) hours of work as dehneated above A pnnopel un~ of work shall be that unit which controls the completion lime of the agreement. Nothing ~n th~s ~am shall be construed as prohibiting the company from wod~ng on Saturdays n' ~t so desires If Sunday work ~s perm~ed by the Owner, time w~ll be charged on the same bas~s as weekdays THE OFFICIAL ~_.ATHER RECORD WILL BE KEPT IN THE CITY OF DENTON OF MAINTENANCES OFFICE The undersigned agrees that the Owner may retmn the sum of ONE HUNDRED DOLLARS ($100 00) from the amount to be paid to the undersigned for each calendar day that the work contemplated rema ns incomplete beyond the lime set forth, Sundays and holidays INCLUDED This amount is agreed upon as the proper measure of hqu~dated damages wh ch the Owner will sustain per day by failure of the unders,gned to complete the work at the stipulated lime, end i$ not to be construed ,n any sense as a penalty Payment will be made to the contractor within thirty (30) days after receipt of written ecceptance of project completion from the Owner's representative, contractor*s ~nvo~ce, and all wntten werrant]es from beth contractor and manufacturer I (or we) agree to promptly furnish a correct and current finanoal statement of cond~on w~th I,st of owned equipment and an expoflence record of completed projects for exam~nat]on by Owner and architect, if same ia required SEAL (if by Corporet]on) RESPECTFULLY S~II~ ~arn~¢k (Name) Sales (T'me) 3022 Wheelock St. (Addrees) Dallas, Texas 75220 BID NUMBER 2092 PROJECT #31970425 PAGE 6 OF 6 PROPOSAL REROOFING AT DENTON MUNICIPAL COMPLEX CITY OF DENTON, TX Ind,cate ~f ( ) Partnership Jc~ Corporatson ( ) Sole Owner If a partnership, list names and addresses of partners if corporaaon, mdlcatas~temwh~chco~ora~onwasorgan~edand~sex~sang Texas Pnn~palStockholda~ (Nameand Add.ss) Douglas A. Readert President 3022 Wheelock St. Dallas, Texas 75220 ~ Bond No. Y 101638 COUNTY O~ D~TON ' gNOW ALL ~[ BY ~ P~' ~ ~ ~O0~G, ~C~ w~ ~ ~ ~, ~ ~ ~ ~ out of ~ ~ ~ ~~ ~C~,~~t~a~~ S~I~~ ~ ~OA~ ~ PAY 8~ ~ ~ ~ b~: ~ b COUNTY OF DENTON' IiNOW ALL MENI i~Y ~ PlH~EN'f~: That CKI ROO.VING, INC., whon ndd~s S IN WFI'N~SS ~,OF, ~Ms immmm~is ~,.e~l ~ 4 copi~ ~ ~ ofwMch s~ EVERGREEN NATIONAl, INDEMNITY COMPANY CLEVELAND, OHIO POWRR OF A~'ORNEY PRINCIPAL ~ F~u~g, lilt. EFFECTIVE DATE CONTRACT AMOUNT $ 44~7~.00 AMOUNT OF BOND $ 1016 3 8 K~OW ALL MEN BY TH~S1;t, PREBl~.N?S That the l~.ver&~asn Natianal Indsmni~ Company, a corporation in the State of Ohio, does hereby nominate, constitute, and appoint, lcome Wdltems &Rlc W Stewart ~ts true and lawful attomey(s).in.faot to make, execute, attest, seal and deliver for and on itc behalf, as surety, and as its act and deed, where required.any and all bonds, undor~-~is, reco_e~t~anoes and written obligations m the nature thereof, PROVIDED, however, thai the obligation of tho Company under this Power of Attorney shall not exceed ONE MILLION DOLLARS ($1,000,000 00) This Power of Attorney Is ~ranted and is si~ned by facsimile pursuant to the foliovan~ Rasolution adopted by the Board of Directors on the ~3rd day of February, 1994 '~RESOLVED, that any two officers of the Company shall have the authority to make, execute, and deliver a Power of Attorney constitutin~ as Attorney(s).ln.f'act such persons, firms, or corporations as may be selected fi'om time to time FURTHER P. ESOLV~D, that the si~naturas of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate rsistin~ thereto by facsimile, and any such Power of Attorney or certificate bearin~ suck facsimile sl~naturoe or fas~mlie seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile al~naturce and facounllo seal shall bo valid and bmdin~ upon the Company in the future with respect to an~ bond or undsre~l,!,~S to which ~t is attached ' IN WITB~SS WHEREOF, the Evergrasn National Indemnity Company has caused its corporate seal to be affixed hereunto, and these prsconts to bo si~ted by two duly authorized officers this ~rd day of Fchruacy, 1994 EVERGREEN NATIONAL IND~ COMPANY /// / Cr~L Stout, President Reswell P Ellis, Treasurer Igota~y Public ) Ssi siteto of Ohio On this 23rd d~y of Fsbrnary, 1994, before the subscriber, a BI_o~ Public of the sitete of Oluo, duly commmsianed and quah. fled, came Roewo~l_P Ellis and Cral~ ~ 8tout of the Rverarean National Indemnity Company, to me personally known to be the lndl~duals and Officers described herein, and who executed tho preoedln~ mstrumant and acknowledged the eascuUon of the same and being bY mo duly sworn, dspe~d and said, that they are tho officers of said Company aforesaid, and that the seal affixed to tho precodin$ instrument is the Corporate Seal of sakl company, and aald Corporate Seal and si~naturss as officsrs .we. rs duly ~ and anb~iribod to the said lnst..~.ent by the authority and direction of the said Corporation, and that the reso- lution of said Conlpany, referred to in the prsoemng msmunant, is now in force IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Cleveland, Ohm, the day and year Grs~y N Miracle, Attorney HOTARY PUBLIC, Stuto of Ohio State of Ohio ) 88 M~ commisalon has no ezpiration date Section 147 03 R C I, tho unders~ed, Seerstery of Ever~rsen National Indemnity Company, a stock corperaiaon of the State of Ohio, DO HEREBY CERTIFY that the fore~oin~ Power of Attorney remains m full fores and has not been revoked, and furthermore that the Resolution of the Board of Dlrastors, as cot forth herein above, is now in force Sla'ned and sealed in Ohio, this ~ dayof ~ ~ Any reproduction or fac~imlie of this form is void and mvahd ~'~q~;("/~'l'L/"' ~1~~ .................................... ~_~~"~,~'. / .~:~ ' 9/11/199'7 moou~ 'I~IB CER]IFICATE 18 IGSUED AB A MATTER OF INFORMAtiON ONLY AND CONFER8 NO RIGHT8 UPON THE CERlIFICATE C1/8,m~D:Lox'.. Cozo~'P'o'I&'1 I11,B1/~'8/1,ce HOLDER THIE CERlIFICATE DOE8 NOT AMEND, EXI~ND OR 8411 FreBto11~ RC1. 8~,.e 695 ALTER THE COVERAGE AFFORDED BY THE POUCIEE BELOW D&ll&o, TX '7152 25 COMPANIES AFFORDING COVERAGE (214) 265-9020 COMPANY A A~RT S'[IRI~ CO,PANT ~'.B C~'-Z ROOFING, 'rNC. B Fireman~ Fund 3022 WHE~*LOCK BTRE2T c DALLAS TX 75220 co~..~, D .......... ~ .... . ..... ~, ........... A ~__~aM-u~.n~ ~pp~0 05/01/9"/ 0~/01./98 ~'~.~arr~ *~.~.~ A Au~o~u~a~,~ ~AI~ 05/01/9'7 05/01/98 CO~a~OS~NeU~L~ .,000,~0 X ANY ~nO ~c~.. u~rm~ ~e~ooo. asoe.3aeo 05/01/97 05/01/98 ~AC~0CCUmmC~ I A wo~r,~macomm~,~ ~CI~O00~ 05/01/9'7i 05/01/90 xI~Au~ I OFFICZALS, ~GENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITZONAL INSURED WITH RESPECT TO GL & AUTO. WAIVER OF SUBROGATION INCLUDED ON WC ZN FAVOR OF CZT*~Z OF DENTON, ZTS OFFICICAL,AGENTS,EMPLOYEES AND VOL. ~HE CITY OF DENTON am~m~ oAm 'mm~o~ 'me mum cmeAm, ~ mo~.~vo~ 'ro ma 901-B TEXAS STI~EET nm' pA.,u.~ m ~ .UCH ~.C~ ~ ~ .00~U~ 0. U~UW DENTON TX 76201 o~ ~Y me u~o~ ma coe~, .~ ~ o.