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.