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1995-035 ORDINANCE NO. 95--0 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 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 I. 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 City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1710 SUN COMMERCIAL ROOFING $103,977.00 1710 J & J ROOFING $273,042.00 1716 PREMIER EQU~ S~VICES $ 66,600.00 SECTION II. 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 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 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 IV. 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 V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this th~/~ day of ~ ,1995. BOB CASTLEBERRY, MAY7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APP4~OVED AS TO LEGAL FOR~: MICHAEL A. BUCEK, ACTING CITY ATTORNEY DATE: FEBRUARY 21, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1710 - REROOFING OF MULTIPLE FACILITIES RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for each facility. The Senior Center, Denia and North Lakes Recreation Centers shall be awarded to Sun Commercial Roofing, in the total amount of $103,977.00. The Morrison's area of DMC, the Civic Center and Visual Arts Buildings shall be awarded to J & J Roofing, in the total amount of $273,042.00. The total expenditure for these projects will be $377. 019.00. S~RY: This bid is for all labor and materials necessary in replacing the above mentioned roofs. The replacement of these roofs is a budgeted expenditure in the 1994-95 Facilities Management Budget. The reroofing projects require a two year warranty from the contractors for workmanship and a fifteen year warranty from the manufacturer on materials. Notices to bid were mailed to 17 vendors, with 13 attending the Mandatory Pre-Bid Meeting. We received 7 bid proposals from contractors in response to this bid. BACKGROUND: Tabulation Sheet, Memorandum from Bruce Henington dated February 9, 1995. FISCAL IMPACT: Funds for this project will come from budgeted roof maintenance and repair funds for 1995 with a balance of $422,000.00. espe.~ll mitt City Manager Prepared By: Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 569.AGENDA 02-10-95A08:2~ CITY of DENTON, TEXAS I~UNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817) 566.8200 MEMORANDUM TO: Denise Harpool, Senior Buyer FROM: Bruce Henington, Facilities Manager DATE: February 9, 1995 SUBJECT: Roof Bid # 1710 The Facilities Management staff accepts the following bids: FACILITY BID PRICE BIDDER DMC (Morrison's roof) $105 297.00 J&J Roofing Senior Center (old roof) 18 411.00 Sun Commercial Roof Denia Recreation Center 42 783.00 Sun Commercial Roof North Lakes Recreation Center 42 783.00 Sun Commercial Roof Civic Center 112 685.00 J&J Roofing Visual Arts Center 55 060.00 J&J Roofing TOTAL $377,019.00 We have checked all of the listed references for both of these bidders and received an overall good rating on both bidders. Please take the following contracts to City Council and notify me of that date. J&J Roofing $273,042 Sun Commercial $103,977 If you have any questions call me at extension 8134. Bruce 'Menington, C.~M. 1842. FM CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 21 day of FEBRUARY A.D., 19~,95 by and between THE CITY OF DENTON of the County of D~qFI~ON and State of Texas, acting through LLOYD V. ~ARRELL thereunto duly authorized so to do, hereinafter termed "OWNER,,, and J & J ROOFING AND S~EET METAL, INC. 5211LAWNVIEW DALLAS, TEXAS 75227 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 # 1710 - REROOFING AT MULTIPI~E FACILITIES in the amount of $~7q:0~2_00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ARMKO INDUSTRIES INC. all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. (SEAL) ATTEST: ~( ~~.. ~ J & J ROOFING AND SHEET METAL, INC. CHARLES WILSON ~,~_ L~r- 5211 LAWNVIEW AVENUE DALLAS, TEXAS 75227 MAILING ADDRESS (214) 381-1131 PHONE NUMBER (214) 381-1193 FAX NUMBER PRESIDENT BY TITLE DON FERGUSON PRINTED NAME APPROVED AS TO FORM: (SEAL) .- City Attorney ~0184D Rev. 07/28/94 CA - 3 P RPORM. NCE BOND STATE OF TEXAS COUNTY OF DENTON ~ : KNOW ALL /4EN BY THESE PRESENTS: That J META~.L~C. , of the City of D ~ALLAS. County of DAr.r.~ , and State of as PR/NCIPAL, and Universal Surety of America · as SURETY, authorized under the laws t~he State of Texas to act as surety on bonds for princ~Da!s, are held and firmly bound ~to the ~ city OF D~TON as OWNER, in the penal suan of ~mo ~.~u SEv~-r~ ~"~O ~-nd no/i00 Dollars ($. 273,042.00 !) for t~ne palrment whe__o,, the said Principal a~.d Surety bind thems~!ves, and their heirs, administrators, executors, successors and: assigns, jointly and severally, by these presents: .~H~.~.S, the Principal has entered into a certaih w~itten .... ~ O .... ~. dated the ~ day of " ' !9 9~., for the const~cction of _E~ % 1710 - ~G which contrac~ is hereby referred to and made a part hereof as fully and to the same e~ent as if cop£ed at length here~n. NOW, THEP_EFORE, the condition of this obligation is s~ch, that -' if the said principal shall faithfully perform said Contract and shall in all respects, conditions an,~agreements in and by said contract agreed and covenanted by the Principal to be obser~/ed and perform_ed, and according to the true intent and meanin~ of said Contract and the Plans and Specifications hereto annexed, then tJ.!is obligation shall be void; otherwise to remain in ~ul~ force and effect; ~ -- PROVIDED, HOWn-E%_~E_R, that this bond is executed pursuant to the provisions of the Texas Goverr~ent Code~ chapter 2253 (Vel-no~, as currently amended) , and all liabilities on ~Jais bo.~d Shall be determined in accordance with said provisions to the same extent as if they Were copied at length herein. PB - 1 PROVIDED FSq~T .biER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Stlrety, for value received, stipulates and agrees that no change, extension of t~me, alteration or addition to the terns of the contract, or to ~he work performed thereunder, or the plans, specifications, or drawings accompanying: the same, shall iin any way affec~ its obligation on this bon~, and it does hereby waive n~tice of any such change, e~ctension of time, ·alteration or addition to the terms of ~e contract, or to the work to be Performed thereunder. - ~ IN W-/TNESS WR~nP~EOF, the said Principal and Surety have sig?.ed and sealed ~h!s' instr~ument ~ t_h_s 1st day of March ~ & J Roofing and Sheet Metal, Inc. Universal Surety of America Principal Surety Titl ~ Tit!e~am R. Kimmell,Attornev-in_-fact Address: 5211 La,nview Address: 5440 Harvest Hill; Suite 172 ,D, ad~l~S~ TX 75227 ' D~]]~s. Texas 75230 The ~g,,~m~ address of the Resident .Agent of s~ety William N. George & Associate~n~. 7557 Rambler Ro~d~ Ste. 500: Dallas. TX. 75231 Date cf Bond must not be w~ ~ p~.o_ to date of Contract. ~3~0 !S 4D Rev. C7/2E/94 PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DF~NTON ~2qOW ALL 'MEN BY TH~SE PRESENTS: That S~--ET ~AL. ~C. of the City Of County of p~.r.~s , and the State of as principal, a~d Universal Surety of America aut~horized under the !a~s of the State of Texas to act as' surety on bonds' for principa!s~ ~re held and firmly bound unto ~.~ C~TY OF D~m~C~ , OWNER, in the penal sum of no/100--- ~ KUNDRED ~ Tm~EE ,-~.~/lm~A~l~ .FORTY TWO and Dollars ($~7~.04~.00 .) for the payment whereof, the said Principal and surety bind themselves and their he~s, administrators, executors, successors and assigns, jointly and severa!!y~ by these presents: ~7~Z~F-%S, the Principal has entered into a certain ~itten ~,:.--ac~ .... Owner, dated the_ _..~ day of 19 95 . BID .= 1710 - ~G AT ~IPLE ~CLLITIES tc which contract is hereby referred to and made a ~ ~' ~r~ hereof as fully and to the same extent as if copied at length her~in. NOW, ~qEP~FORE, Tk~E COND!TiO~Q? THIS 0BLIGA~ION 'IS SUCu- that if the sa~d ~nc~ shall oar n~ ~~ -.~]]~' - ~ "' a.. ~--la_ .... ~o h_~ o- ~ ~ubcon==~c~ ~ th~. Drosecu~lo~_,. work provided for in said contract, then ~is ~bligation shall be void, o~he~ise to remain in full force and effect; HOw~,, ~aat this bond is executed p~suant to the provisionm of ~ae Texas Gover~ent code, Chapter 2253 as ~rent!y amended), and al! liabilities on ~is ~nd shall be dete~ined in accordance with said provisions to the s~e e~ent if they ~era copied at !en~h here~n. PB - 3 Surety, for v~!ue received, stipulates and a~ees that no change, extension of tlm~, alteration ~r addition to the terms of the contract, or to the work performed thereu/~der, or the plans, specifications, or drawings accompanying the same, shall in any way affect its ob!ig~tion on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of t~he contract, or to the work to be performed t-hereunder. 7_N WTTNESS W~_~Ei~EOF, the said Principal and Surety have siqned and sealed this instr~ent this .~lst day of March 19 95 Roofing and Sheet Metal, Inc. Unigersal Surety, of America -~rincipal Surety .... sam .Add~ess: 5211 Lawnview Address: 5440 Harvest Hill; Ste 172 Dallas, Texas 75227 Da]las, Texas 75230 ,,,,% % '. .......... .. ,,,, The n~ ~nd ~ess cf the Resident Agent of ~ety .is: William W. George & Associates~nc. 7557 Rambler Road, Ste. 500~ Dallas, TX 75231 ~0~ Rev. 07128194 PB - 4 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That g & J Roofing and Sheet Metal, Inc. as Pdmci?l and Universal Surety of America aS Surety, are held a~nd fUwnJy bound unto City of Denton as obligee, in the fun and just sum of Two Hundred Seventy Three Thousand For tyTw~oilar$ ($ 273,042.00, lawful money, cf ~e United States, to the payment of which sum, ~,~."=~; and truly to be made, the Princi-~ai and Surety bind themselves, their and each of t~helr heft's, execators, administrators, successors and assigns, joindy and severally, f'u'mly by '&ese presents. WHEREAS, The PrbnciFa! has entered into a written contract dab. ed February 21,1995giCq iqe obiigee for Re-roofing at Multiple Facilities City of Denton, Denton, TX and WHEREAS, s~2d ccnt;ac~ ?rovides dqat '~_.~ .~dmcioal. w~ ',amish a bond condit:c" ' '~.~ :o =~zm-antee for L'qe ca,cd cf one year ~ter approval of '&e f_-,-! es&mate on said job, '~?' =.e owner, a?Anst ~ defec~ in work='na,~N: =_nd mateTials w~Jch may become z7parent dming said period. NOW, THEREFORE, THE CON-DITION OF THIS OBLIGATION IS SUCH that, if the Principal shall Ndem2ify 'i".e Obligee for all loss that the ObLig~ may sustain by re.on of =~-v defective materials or workrnanshio which ~.eccme apparent dmhng the ~cresaid period, then this obligation shall be ','cid. otheraise to reagan in full fcrce and effect. Signed, se~Aed and dated March 1,1995 ~ & J Roofing and Sheet Metal, Tnc. Universal Surety o-~erica Artcmey-~-Fact Sam R. K~mmell 0~--01-1995 10:45 214 988 ~'"-~;--V--'~Z:~Z:~UNIV~RSAL SURETY OF A~ERICA UNIVERSAL SURET OF AMERICA P.O. 8OX'1068 i~ ~e and h~ ~O)-~-F~ ~ d~ ~nds fort ~mp~y and du~ ~ by iB ~, ~ Witn~ Whe~i U~I $~ ~AL County of ac~owl~g~ to me tha~ the ~ ~e~ iL ...... ~tgmai rower or A~m~y 1~ ~ smd ~y, GI~&rmyh~e~ofs~d~ny,~Hous~,T~a~l~T~yot ~rch ,19 95. F~ v~m~n of ~e m~ of ~ ~w~ you m~ ~l~r~ ~13) 72~. ~~Z2~-'Z~Z~UN'IVE RSAL SURETY 0F AMER CITY OF DENTON, TX- MULTIPLE FACILITIES PAGE 1 PART 1 - GENERAL INSTRUCTIONS 1.1 QUALIFICATIONS FOR BIDDING: To qualify for bidding, each contractor is required to obtain a copy of the Bid Invitation, Proposal, General Instructions, Materials, Execution, Drawings, Contract Documents, and attend the Pre-Bid Conference on Tuesday, January 17, 1995, at 10:00AM, at City of Denton Purchasing Department Conference Room, located at 901-BTexas Street, Denton, TX. 1.2 INSURANCE: 1.2.1 Insurance Requirements for Contractors: Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availab, ility 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 obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. a. Standard Provisions: 1) 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. 2) 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. BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 2 1.2.1 a. 3) 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: i. 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. ii. 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. iii. Liability policies shall be endorsed to provide the following: a) Name as additional insured the City of' Denton, its officials, agents, employees and volunteers. b) 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. iv. All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal or reduction in coverage. v. Should any of the required insurance be provided under a claims-made form, contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, 'such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 3 1.2.1 a. 3) vi. 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. vii. 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. 1.2.2 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: a. General Liability Insurance: General Liability insurance with combined single limits of not less than 92,000,000 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. 1) If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: i. Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. ii. Coverage B shall include personal injury. iii. Coverage C, medical payments, is not required. 2) If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404)is used, it shall include at least: BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 4 1.2.2 a. 2) i. 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. ii. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. b. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 81,000,000 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: 1) any auto, or 2) all owned, hired and non-owned autos. c. 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 8500,000 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). BID NO. 1710 BID//1710 PAGE 1 OF 8 PROJECT//31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX NAME OF BIDDER: J & J ROOI~RG ANI) SI]F. ET ~I]!~TA[., IRC. DATE: JANUARY 31, 1995 MS. DENISE HARPOOL, PURCHASING CITY OF DENTON 901 -B TEXAS STREET DENTON, TX 76201 Dear Ms. Harpooh The undersigned, in compliance with your advertisement for Bids for Reroofing on certain areas of the following buildings: Area "H" of Denton Municipal Complex, Senior Center (Levels I and 2.) Denia Recreation Center, North Lakes Recreation Center, Civic Center and Visual Arts Building have 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 with the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of $ LLr~? St~ OF ~I~ BID , five percent (5%) of the bid. I (or we) acknowledge receip ~of,~he following addenda: ADDENDA//1:1-20-95 (Initial) ADDENDA //2:1-27-95 ~ (Initial) ADDENDA //3: .(Initial) BID//1710 PAGE 2 OF 8 PROJECT//31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX NOTICE TO BIDDERS BID//1710 Sealed proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, TX 76201 will be received at the office of the Purchasing Agent until 2:00 P.M., Tuesday, January 31, 1995, for Reroofing Area "H" of Denton Municipal Complex, Senior Center (Levels 1 and 2), Denia Recreation Center, North Lakes Recreation Center, Civic Center and Visual Arts Building, located in Denton, TX. There will be a mandatory prebid conference on Tuesday, January 17, 1995, at 10:00 A.M. in the Purchasing Department Conference Room located at 901-B Texas Street. Bid Specifications will be distributed to qualified prospective bidders at that time. The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and after the date of the bid openiog. No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in any contract with the City of Denton. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton, Texas projects. CITY OF DENTON, TEXAS Tom D. Shaw, CPM Purchasing Agent This advertisement to run on BID #1710 PAGE 3 OF 8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for Project #31941123and Conditions for Reroofing work, and having examined the premises and circumstances affecting the work, '"~ undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said reroofing for the following area: BASE BID NO. 1 - AREA "H" OF DENTON MUNICIPAL COMPLEX ONE HUNDRED FIVE THOUSAND TWO HUNDRED NINETY SEVEN DOLLARS $105,297.00 MATER~ALSFIFTY EIGHT THOUSAND THREE HUNDRED FORTY TI~REE$ 58,343.00 DOLLARS LABOR FORTY SIX THOUSAND NINE HUNDRED FIFTY FOUR $ 46,954.00 DOLLARS TOTAL ONE HUNDRED FIVE THOUSAND TWO HUNDRED NINETY $ 105 ~297.00 SEVEN DOLLARS BASE BID NO. 2 - SENIOR CENTER (LEVELS I AND 2) TWENTY TWO THOUSAND FOUR HUNDRED FORTY DOLLARS $22,440.00 MATERIALS FOURTEEN THOUSAND THREE HUNDRED THIRTY DOIiARS $ 14~330.00 LABOR EIGHT THOUSAND ONE HUNDRED TEN DOLLARS $ 8.110.00 TOTAL TWENTY TWO THOUSAND FOUR HUNDRED FORTY DOLLARS$ 22,440.00 BASE BID NO. 3- DENIA RECREATION CENTER FORTY FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT DOLLARS $ 45,388.00 MATERIALS TWENTY FIVE THOUSAND SIX HUNDRED SEVENTY FIVE $ 25~675.00 DOLLARS LABOR NINETEEN THOUSAND SEVEN HUNDRED THIRTEEN DOI2AR$ 19.713,Q0 TOTAL FORTY FIVE THOUSAND THREE HUNDRED ETC~T¥ k~lf~T$ 45,388.00 DOLLARS BID #1710 PAGE 4 OF 8 PROJECT//31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX BASE BID NO. 4 - NORTH LAKES RECREATION CENTER FORTY FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT DOLLARS $ 45,388.00 MATERIALS TWENTY FIVE THOUSAND SIX HUNDRED SEVENTY FIVES 25,675.00 DOLLARS LABOR NINETEEN THOUSAND SEVEN HUNDRED THIRTEEN DOLI~ 19,713.00 TOTAL FORTY FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT $ 45,388.00 DOLLARS BASE BID NO. 5 - CIVIC CENTER ONE HUNDRED TWELVE THOUSAND SIX HUNDRED EIGHTY FIVE DOLLARS $112,685.00 MATERIALS SIXTY THREE THOUSAND DOLLARS $ 63,000.00 LABOR FORTY NINE THOUSAND SIX HUNDRED EIGHTY FIVE $ 49,685.00 DOLLARS TOTAL ONE HUNDRED TWELVE THOUSAND SIX HUNDRED EIGH~i 12,685.00 FIVE DOLLARS BASE BID NO. 6 - VISUAL ARTS BUILDING FIFTY FIVE THOUSAND SIXTY DOLLARS $ 55,060.00 MATERIALS THIRTY TWO THOUSAND EIGHT HUNDRED TEN DOLLARS$ 32,810.00 LABOR TWENTY TWO THOUSAND TWO HUNDRED FIFTY DOLLARS$ 22,250.00 TOTAL FIFTY FIVE THOUSAND SIXTY DOLLARS $ 55,060.00 LUMP SUM BID: THREE HUNDRED EIGHTY THOUSAND DOLLARS $380,000.00 MATERIALS TWO HUNDRED SEVENTEEN THOUSAND *DOLLARS $ 217,000.00 LABOR ONE HUNDRED SIXTY THREE THOUSAND DOLLARS $163,000.00 TOTAL THREE HUNDRED EIGHTY THOUSAND DOLLARS $380,000.00 BID #1710 PAGE 5 OF 8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX UNIT PRICE PROPOSAL: 1. Remov9 and replace damaged metal decking: $ 4.00 per square foot. 2. Remove and replace deteriorated nailers: $ 2.00 per linear foot. 3. Additional cost over and above the contract amount for replacing wet polyurethane insulation: $ 4.00 per square foot. 4. Additional cost over and above the contract amount for replacing wet fill material: $ 6.00 per inch per square foot. 5. Install four inch (4") roof drain: $1,000.00ach. 6. Install four inch (4") cast iron drain line complete with all connections, elbows, etc.: $ 40.00 per linear foot. 7. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: $25o00 additional cost per man per hour. QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's company name of materials being bid on. Coal-Tar Elastomeric Membrane (CTEM): HYLOAD Base Sheet: MANVILLE Insulation: MANVILLE Felt: MANVILLE Bitumen: MANVILLE BID//1710 PAGE 6 OF 8 PROJECT//31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX Contractor shall submit and/or answer the following: 1. Bidder shall submit dc:umentation with their proposal to indicate their specific qualifications to perform the specified work, including, but not limited to, all public,~-~ entities in the State of Texas where said company has worked. Contractor Initial~/~j 2. Within the last five years, has legal action, including but not limited to, deceptive trade practices suits, been taken against your company/for failure to perform work properly or for not completing a project? Yes No v 3. Within the last five years, has your organization or any officer/partner of your organization ever been dn officer/partner of an organization that failed to complete a construction contract? Yes No V'/, If so, attach a separate sheet of explanation. 4. Within the last five years, has your organization or,~ny officer/partner of your organization filed for bankruptcy? Yes No l/ . If so, attach a separate sheet of explanation. 5. Attach an AIA Document No. A305 with a separate sheet with all references including all public entities. Include contact name and telephone numbers for each and every reference. 6. Include an audited company financial statement. EXAMINATION OF SITE: 3. By signing the Proposal Form, contractor acknowledges he or an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work. 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 PERCENT (t00%) 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 time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: BID #1710 PAGE 7 OF 8 PROJECT #31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX If a contractor is awarded the project, project must be completed within the following working days per roof area (totaling ninety-three (93) days) or contractor will be subject to liquidated damages as sc', forth below. Area "H" of Denton Municipal Complex 20 working days Senior Center (Levels I and 2) 10 working days Denia Recreation Center 10 working days North Lakes Recreation Center 10 working days Civic Center 25 working days Visual Arts Building lS working days 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. The undersigned agrees that the Owner may retain 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 remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the Owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. Payment will be made to the contractor within thirty (30) days after receipt of written acceptance of project completion from the Owner's representative, contractor's invoice, and ~11 written warranties from both contractor and manufacturer. BID//1710 PAGE 8 OF 8 PROJECT//31941123 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX I (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. SEAL (If by Corporation) RE'.~..~CTFULLY .~I~MITTED BY PRE S IDENT :' ~'" ~"' ........ ~'~ (Title) % ,?' 5211 LA~VIEW '(Address) DALLAS, TEXAS 75227 Indicate if: ( ) Partnership ~×) Corporation ( ) 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) Don Fer_~uson 5211 T,nwnv~w D~] ] ~: T~w~ 7~997 SALES TAX Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the City of Denton which separates charges for material from charges for labor. The contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales tax. A. Total Labor ...................................... ~ 166,425.00 B. Total Materials .................................... $219,833.00 BID NO. 1710 CERTIFICATE OF INSURANCE esr J&JROO1 03/01/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wm. W. George & Associates Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7557 Rambler Rd., Suite 510 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75231 COMPANIES AFFORDING COVERAGE B. J. Love COMPANY 214-691-5522 A Texas Workers' Comp. Ins. Fund INSURED COMPANY B Niagara Fire Insurance Co. J&J Roofing & Sheet Metal,Inc. F&W Leasing, Inc.;Sheet Metal COMPANY Services,Inc.; J II, Inc. C United States Fire Ins.Co. 5211 Lawnview Ave. COMPANY Dallas TX 75227 D Fidelity & Casualty Co.of NY COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY} DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2, 000, 000 D X l COMMERCIAL GENERAL LIABILITY 50 CBP6107972-95 12/21/94 12/21/95 PRODUCTS-COMP/OPAGG $ 1, 000, 000 I CLAIMS MADE IXl OCCUR Blanket Additional PERSONAL & ADV INJURY $ 1,000, 000 OWNER'SaCONTRACTOR'SPROt Insured - Owner, The C~t¥ EACH OCCURRENCE 91,000,000 of Denton, Texas, Et AL FIRE DAMAGE (Any one fire) $ 50, 000 MED EXP {Any one personl $ 5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1, 000, 000 B X ANYAUTO CLP 5211028-95 12/21/94 12/21/95 X ALL OWNED AUTOS Blanket Additional BODILY INJURY X SCHEDULED AUTOS Insured - 0wnel', The C~ t* (Per person) X HIRED AUTOS Of Denton, Texas, Et AL BODILY INJURY X NON OWNED AUTOS (Per accident) -- PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 2, 000, 000 C X UMBRELLA FORM 553 0199958 Owner,City of 12/21/94 12/21/95 AGGREGATE $2,000,000 OTHER THAN UMBRELLA FORM Denton, Et AL-Add[. ! nsured $ A WORKERS COMPENSATION AND X I STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ 1, 000 · 000 THE PROPRIETOR/ ~ INCL TSF117835-01B[anket Waiv. 12/21/94 12/21/95 DISEASE- POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL of Subrogation-Owner,Eta[ DISEASE - EACH EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Contract: Bid #1710 - Reroofing a.t Multiple ~Facilities Ow~er., The _Ci.t.y_of D.enton, Tgxa_s,_~ts of_f.lcia_%.s, a~e_nts: employees and vo-unceers-A(~c~=iona£ £nsure=s & owner, 'l'~e clcy oz uencon, Texas,. its offic.ials~ aHents, employees and volu_n.teerg for any work performe~ for the City Dy the Named Insure~-Waiver of ~uDrog=ion CERTIFICATE HOLDER CANCELLATION CITYDE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City of Denton BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 901-B Texas Street Denton TX 76201 OF ANY KIND UPON THE COMPANYw,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPR TI B. J. L°v~e~ ~ ©ACORD CORPORATION 1993 ACORD 25-S (3/93} CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 21 day of FEBRUARY A.D., 19 9___~_5, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. IiARRELL thereunto duly authorized so to do, hereinafter termed "OWNER,,, and SI]N COMMERCIAL ROOFS, INC. 2419 SOUTtg~RTJ. DALLAS. TR.]( A .q 75229 of the City of DAI.T.AS , 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 # 1710 - REROOFING OF ~Tr. TIPLE FACILITIES in the amount of $103,977.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by AR~ TNT)U.qTRTES INC. all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: CONTRACTOR/ /~ C,U:',~ COMMERCIAL ROOFS, £-;~0 COUT; tWELL DALLAS, TEXAS 75229 274-484-1575 FOR DEPOSIT ONLY -,~'J."; CO;;,:.',5RCfAL ROOFS, INC. MAILING ADDRESS i FIRST TSXAS BANK '10 6615 8 PHONE NUMBER FAX NUMBER TITLE PRINTED NAME APPROVED AS TO FORM: (SEAL) '--~-C-i~ y Attorne~y/~ AAA0184D Rev. 07/28/94 CA - 3 BOND PREMIUM BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND STATE OF TEXAS BOND NO. 73782 COUNTY OF DENTON BOND EXECUTED IN FOUR (4) ORIGINALS KNOW ALL MEN BY THESE PRESENTS: That SON COMMERCIAL ROOFS, INC. , of the City of nAT.T.%$ County of D~T.T.AS , and State of TEXAS as PRINCIPAL, and Frontier Insurance Company of New York , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the T~E CITY OF DENTON as OWNER, in the penal sum of ONE HUNDRED T~REE THOUSAND NINE RI)NDRED SEVENTY SEVEN AND no/100--- Dollars ($ 103,977.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 21 day of FEBRUARY 19 95, for the construction of BID # 1710 - REROOFING OF MULTIPLE FACILITIES which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of February , 19 95 SUN COMMERCIAL ROOFS, INC. FRONTIER INSURANCE COMPANY OF ~NEW YORK~ Principal Surety SU,~ COMMERCIAL ROOFS, !NC 2419 SOUTHWELL ROAD DALLAS, TEXAS 75229 Address: FO9 ...... n~2al~'~'~l,~ Address: 195 Lake Louise Marie Rd. SUN COMMERCIAL ROOFS, INC. '~- FIRSTTEXASBANK Rock Hill, New York 12775-8000 10 6615 8 (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB - 2 BOND pREMIUM BASED ON F NAL coNTRAGT PRICE PAYMENT BOND BOND NO. 73782 STATE OF TEXAS BOND EXECUTED IN FOUR (4) ORIGINALS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SUN COMMERCIAL ROOFS, INC. of the City of DALLAS County of DALLAS ., and the State of TEXAS as principal, and Frontier Insurance Company of New York authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of SEVEN and no/100--- ONE HUNDRED THREE THOUSAND NINE HUNDRED SEVENTY Dollars ($ 00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 21 day of FEBRUARY 19 95 BID # 1710 - REROOFING OF MIILTIPLE FACILITIES to which contract is hereby referred to and made a part hereof as fully and. to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of February 19 95. SUN COMMERCIAL ROOFS, INC. FRONTIER INSURANCE COMPANY OF NEW YORK Pr~/ipal Surety Title ~r ~/~-~ Title ~oY~nleyL'iHn-U~Pahc~ey;~ ~- ~<..~ Address: ~.,,~ n ~ ~ .......... Address: 195 Lake Louise Marie Road .... 3 .. C_~'.~E ............... 2419 80UTHWELL ROaO DALLAS, TEXAS 75229 Rock Hill, New York 12775-8000 214 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, 3r. 17774 Preston Road, Dallas, Texas 75252 AAA0184D Rev. 07/28/94 PB - 4 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. AT]ACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. tr EXECUTED IN FOUR (4> ORIGINALS INSURANCE COMPANY OF NEW YORK ROCK HILL, NEW YORK ,A Stock Company) N°. . 10453 - NY POWER OF ATTORNEY BOND NO. 73782 ~,.,h, _~,ll ]~'{r,t ~{U ~Tllr~c '~] r r~ctlt~: That FRONTIER INSURANCE COMPANY OF NEW YORK, a New York Corporahon, hawng ds principal office m Rock Hill, New York, pursuant to the following resoluhon, adopted by the Board of D~rectors of the Corporahon on the 4th day of November, 1985 "RESOLVED, that the Chmrman of the Board, the President, or any Vine President be, and hereby ~s, authorized to appoint Attorneys-m- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts Of mdemmty and writings obligatory ~n the nature thereof, and Io attach thereto the corporate seal of the Company, m the transachon of its surety business, "RESOLVED, that the s~gnalures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any cerhlicate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recogmzance or other contract of ~ndemmty or writing obhgatory in the nature thereof; "RESOLVED, that any such Attorney-~n-Fact delivering a secretarial certification that the foregoing resoluhons still be in effect may insert in such cerhfication the date thereof, said date to be not later than the date of dehvery thereof by such Attorney-m-Fact." Th~s Power of AUorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: ~. ~. DamLa~o, ~. ~ames V. D~m~ano Cheryl L. Humphrey Shane A. Humphrey of Dallas . in the State of Texa" . ' its true and lawful Attorney(s)-in-Fact w~th full power and authority hereby conferred in its name, p~ce and stead to s~gn, execute, acknowledge and deliver in ~ts behalf, and as ~ts act and deed, without power of redelegation, as follows: Bonds guaranteeing the hdehty of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and unde~akmgs required or pertained in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FIFTY THOUSAND ($850,000.00) DOLLARS; and to brad FRONTIER INSURANCE COMPANY OF NEW YORK thereby as fully and to the same extent as il such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY OF NEW YORK, and all the acts of said A~orney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. ~ ~ ~{ttte~ ~creo~, FRONTIER INSU RANGE COMPANY OF NEW YORK of Rock Hill, New York, has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 2 n~ay of November .19 8 9 FRONTIER INSURANCE COMPANY OF NEW YORK Coumy ol Sgihv~ ss_ On th~s 2 nd day of November ,19 R q , before the subscriber, a Notary Public of the State of New York in and for the County of Sullivan, duly commissioned and qualified, came W-AETER A. RHU LEN of FRONTIER INSURANCE COMPANY OF NEW YORK to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resoluhon of the Company, referred to in the preceding ~nstrument, is now in force. ~J~t '~estim~ ~Jl[~er~,~ff. I have hereunto sef my hand, and affixed my official seal at Rock Hilt, New York, the day and year above written. %¥ ~UBL%G ~ %;~ * 7 CHRISTINE I. ~NE '"~,,,~ ~,'~" Nota~ Public S~te of New York Sullivan Coun~ Clerk's No. 1996 Commission Expires May 2, 1994 CERTIFICATION I, JOSEPH P. LOUGHLIN. Secretary of FRONTIER INSURANCE COMPANY OF NEW YORK of Rock Hill, New York, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of A~orney issued pursuant thereto, aro true and correct, and that both the Resolution and the Powers of A~orney are in full force and effect. ~ ~{hle~ ~er~o{, I have hereunto set my hand and affixed the facsimile seal of ~he corporation th{s 24t:h day of ~' ~o.~ 00% FM 19-5~2-FNY (~0/93) "%,.,,,.,: ........ . LO g~ Secretaw CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 1 PART 1 - GENERAL INSTRUCTIONS 1.1 QUALIFICATIONS FOR BIDDING: To qualify for bidding, each contractor is required to obtain a copy of the Bid. Invitation, Proposal, General Instructions, Materials, Execution, Drawings, Contract Documents, and attend the Pre-Bid Conference on Tuesday, January 17, 1995, at 10:00 AM, at City of Denton Purchasing Department Conference Room, located at 901-B Texas Street, Denton, TX. 1.2 INSURANCE: 1.2.1 Insurance Requirements for Contractors: Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. a. Standard Provisions: 1) 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. 2) 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. BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 2 1.2.1 a. 3) 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: i. 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. ii. 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. iii. Liability policies shall be endorsed to provide the following: a) Name as additional insured the City of Denton, its officials, agents, employees and volunteers. b) 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. iv. All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal or reduction in coverage. v. Should any of the required insurance be provided under a claims-made form, contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 3 1.2.1 a. 3) vi. 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. vii. 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, 1.2.2 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: a. General Liability Insurance: General Liability insurance with combined single limits of not less than 82,000,000 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. 1) If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: i. Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. ii. Coverage B shall include personal injury. iii. Coverage C, medical payments, is not required. 2) If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404)is used, it shall include at least: BID NO. 1710 CITY OF DENTON, TX - MULTIPLE FACILITIES PAGE 4 1.2.2 a. 2) i. 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. ii. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. b. Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,O00either 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: 1) any auto, or 2) all owned, hired and non-owned autos. c. 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 9100,000 for each accident, 9100,000 per each employee, and a 9500,000 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). BID NO. 1710 BID #1710 REVISED PROJECT #31941123 PAGE 1 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX NAME OF BIDDER: Sun COmmercial Roofs, Inc. DATE: January 31 , 1995 MS. DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76'201 Dear Ms. Harpooh The undersigned, in compliance with your advertisement for Bids for Reroofing on certain areas of the following buildings: Area "H" of Denton Municipal Complex, Senior Center (Levels I and 2) Denla Recreation Center, North Lakes Recreation Center, Civic Center and Visual Arts Building have 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 with the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of $ 475~000.00 ,' five percent (5%) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA #1: ~~/~ (Initial) ADDENDA //2: (Initial) ADDENDA #3: ,(Initial) BID #1710 REVISED PROJECT #31941123 PAGE 2 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX NOTICE TO BIDDERS BID #1710 Sealed proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, TX 76201 will be received at the office of the Purchasing Agent until 2:00 P.M., Tuesday, January 31, 1995, for Reroofing Area "H" of Denton Municipal Complex, Senior Center (Levels 1 and 2), Denia Recreation Center, North Lakes Recreation Center, Civic Center and Visual Arts Building, located in Denton, TX. There will be a mandatory prebid conference on Tuesday, January 17, 1995, at 10:00 A.M. in the Purchasing Department Conference Room located at 901-B Texas Street. Bid Specifications will be distributed to qualified prospective bidders at that time. The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and after the date of the bid opening. No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in any contract with the City of Denton. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton, Texas projects. CITY OF DENTON, TEXAS Tom D. Shaw, CPM Purchasing Agent This advertisement to run on BID ,"1710 REVISED PROJECT #31941123 PAGE 3 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for Project #31941123 and Conditions for Reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said reroofing for the following area: BASE BID NO. 1 - AREA "H" OF DENTON MUNICIPAL COMPLEX $ 107,451.00 MATERIALS $ 69,843.15 LABOR $ 37,607.85 TOTAL $ 107,451.00 BASE BID NO. 2 - SENIOR CENTER (LEVELS 1 AND 2) -/ $ 18,411.00 MATERIALS $ 11,967.15 LABOR $ 6,443.85 TOTAL $ 18,411.00 BASE BID NO. 3 - DENIA RECREATION CENTER ~/ $ 42,783.00 MATERIALS $ 27,808.95 LABOR $ 14,974.05 TOTAL $ 42,783.00 BID #1710 REVISED PROJECT #31941123 PAGE 4 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX BASE BID NO. 4 - NORTH LAKES RECREATION CENTERj $ 42~783.00 MATERIALS $ 27r 808.95 LABOR $ 14,974. 05 TOTAL $ 42r 783.00 BASE BID NO. 5 - CIVIC CENTER Shall also include the removal and replacement of all §utters in association with the reroofing of the Awnings. The Scope of Work for the Civic Center dome shall be revised as follows: Tear off the existing roof down to the deck, mechanically fasten a twenty-eight pound (28#) base sheet, fully adhere one (1) ply of Type IV felt, apply self-adhered, white elastomeric membrane with selvedge edge and follow manufacturer's guidelines for backnailing, all in accordance with approved specifications. $ 118,544.00 MATERIALS $ 77,053.60 LABOR $ 41 ~ 490.40 TOTAL $ 118r544.00 BASE BID NO. 6 - VISUAL ARTS BUILDING Reroofing of the Visual Arts Building shall include the application of two (2) plies of Type IV fiberglass felts, fully adhered to insulation per this Specification Paragraph 3.9.2. $ 88,731.00 MATERIALS $ 57,675.15 LABOR $ 31,055.85 TOTAL $ 88,731.00 BID #1710 REVISED PROJECT #31941123 PAGE 5 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX LUMP SUM BID: $408,613,00 MATERIALS $ 265,598.45 LABOR $143r 014.55 TOTAL $ 408,61 3.00 UNIT PRICE PROPOSAL: 1. Remove and replace damaged metal decking: $ 2.00 per square foot. 2. Remove and replace deteriorated nailers: $1.50 per linear foot. 3. Additional cost over and above the contract amount for replacing wet polyurethane insulation: $ 2.00 per square foot. 4. Additional cost over and above the contract amount for replacing wet fill material: $ 2.50 per inch per square foot. 5. Install four inch (4") roof drain: $.475.00each. 6. Install four inch (4") cast iron drain line complete with all connections, elbows, etc.: $ 27.00 per linear foot. 7. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: $14,00 additional cost per man per hour. QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's company name of materials being bid on. Coal-Tar Elastomeric Membrane (CTEM): Hyload 150-E Base Sheet: Celotex Insulation: Manville Felt: Celotex Bitumen: Tampko BID #1710 REVISED PROJECT #31941123 PAGE 6 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX Contractor shall submit and/or answer the following: 1. Bidder shall submit documentation with their proposal to indicate their specific qualifications to perform the specified work, including, but not limited to, all public, ~ ,~ entities in the State of Texas where said company has worked. Contractor Initial ~ 2. Within the last five years, has legal action, including but not limited to, deceptive trade practices suits, been taken against your company for failure to perform work properly or for not completing a project? Yes Nob 3. Within the last five years, has your organization or any officer/partner of your organization ever been an officer/partner of an organization that failed to complete a construction contract? Yes.~ No '~,~. If so, attach a separate sheet of explanation. 4. Within the last five years, has your organization or any officer/partner of your organization filed for bankruptcy? Yes No;~_,~ If so, attach a separate sheet of explanation. 5. Attach an AIA Document No. A305 with a separate sheet with all references including all public entities. Include contact name and telephone numbers for each and every reference. 6. Include an audited company financial statement. EXAMINATION OF SITE: 3. By signing the Proposal Form, contractor acknowledges he or .an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work. 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 PERCENT (100%) 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 time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared'to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: BID #1710 REVISED PROJECT #31941123 PAGE 7 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX If a contractor is awarded the project, project must be completed within the following working days per roof area (totaling ninety-three (93) days) or contractor will be subject to liquidated damages as set forth below. Area "H" of Denton Municipal Complex 20 working days Senior Center (Levels 1 and 2_) 10 working days Denia Recreation Center 10 working days North Lakes Recreation Center 10 working days Civic Center 25 working days Visual Arts Building 18 working days 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. The undersigned agrees that the Owner may retain 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 remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the Owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. Payment will be made to the contractor within thirty (30) days after receipt of written acceptance of project completion from the Owner's representative, contractor's invoice, and all written warranties from both contractor and manufacturer. BID #1710 REVISED PROJECT #31941123 PAGE 8 OF 8 PROPOSAL: REROOFING AT MULTIPLE FACILITIES CITY OF DENTON, TX I (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. SEAL (If by Corporation) RESPECTF/)JLLY SUBMITTED BY INamel {Titlel (Address) indicate if: ( ) Partnership (lC'Corporation ( ) Sole Owner If a partnership, list names and addresses of partners: If corporation, indicate state in which corporation was organized and is existing: Principal Stockholders: (Name and Address) M,()lJh 3~1995 Blee~e= Sevell & Co. ~ ~S ~ AMEND, ~ ~2222 Xe=i~ D=ive, Suite 600 ~ES BE~W D~11as, ~X 75251-2231 ~ ~MPANIES A~RDING ~VE~GE (214) 419-7500 ~ .............................................................................................................................................. ~..-.-.~., B~ CO~CI~ R~FB INC ~C 2419 SOUT~ELL RO~ ....................................................................................................................................................................... D~ TX 75229-4519 ~ D ~ E 01407123-1 ~IS IS TO C~ ~T ~E ~CI~ ~ INSU~CE U~ ~ HAVE ~ I~UEO TO ~E I~U~ N~ ~VE ~ ~E ~CY ~RI~ CE~RCA~ ~Y ~ I~U~ ~ MAY ~N, ~E INSU~CE ~ BY ~E ~CI~ ~1~ ~C~S ~S ~D C~D~S ~ SUCH ~CI~. UM~ 8H~ MAY ~ ~EN REDUCED ~ P~D C~MS. . ............................... ~Y ~ ~Y ~~~. ~8 1,000~000 ....................................................... : ~.~(~m~)~s 5~ OOO ~~ : ~ ~s 1~ 000~ 000 RE: CITY OF DENTON-MULTIPLE FACILITIES. ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND /~ WORKERS COMP WAIVER OF SUBROGATION IN FAVOR OFt THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS. /ABOVE POLICIES ~ PRIMA~Y. ~:~:;'~ SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLEO BEFORE THE ~.~::::ii EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO iiii M~dL 30 DAYS WRITFEN NO~CE TO THE CEFFRFICATE HO[DER NAMED TO THE CITY OF DENTON ~=:::::: EFT, BUT F~ULURE TO MAJL SUCH NO~CE SHALL IMP(~E NO O~JGA]]ON OR :iiii[[i UA~UTY OF ANY fUND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 901-B TEXAS STREET :.iiiiiii,m~o---- Rp'm~SENTA~,~ DENTON TX 76201 iliiiiiii ~ ~ /J ~/~- DATE: FEBRUARY 91, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1716 - HEAVY EQUIPMENT MECHANIC RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Premier Equipment Service Inc. at $32.00 per hour, annual estimated expenditure $66,600.00. SUMMARY: This bid is for an annual contract to supply labor and equipment to perform maintenance and repairs to the Solid Waste Landfill fleet. Premier Equipment Service will provide fully trained mechanics, service truck and tools required to do preventative maintenance, on site repairs, and written reports of such activities for the heavy equipment at the landfill. Utilization will be on an as needed basis at the discretion of the Fleet Services Superintendent. The City of Denton will supply all parts as recommended by Premier Equipment Service. This contract will give the City of Denton direct access to expertise and equipment currently not available from staff. Contracting for a flat per hour fee also allows for better control of costs and quicker response time. BACKGROUND: Tabulation Sheet, Recommendation from Fleet Services Superintendent, Jack Jarvis. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill Operations, Fleet Services Division FISCAL IMPACT: This contract for services will be funded from 1994-95 budget funds for sublet repairs of equipment Account Number #730-025-0580-8710. City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 573 .AGENDA CITY of DENTON, TEXA$ MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS76201 MEM 0 RA ND UM TO: Tom Shaw, Purchasing Agent FROM: Jack Jarvis, Superintendent of Fleet Services DA TE: February 15, 1995 SUBJECT: BID # 1716--HEA VY EQUIPMENT MECHANIC Upon review of the four bids received concerning the sublet repair on landfill equipment, the lowest overall bid was made by Premier Equipment. The hourly rate (both regular and overtime) submitted by this organization is $32 per hour. Because keeping the landfill equipment operational at all times is a necessity and doing so may require work beyond a scheduled forty hour week at times, this fixed rate is the best offer received. I recommend awarding bid item # 1716 to Premier Equipment for a one year contract. Sincere/y, 817/566-8200 D/FW METRO 434-2529