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1993-016ORDINANCE NO. -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 com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements 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 con- struction 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1448 DAVID DUFFIED $158,480_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, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied 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 here- by 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 im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY : l~ w C~ APP ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CASTLEBERRY, BY DATE: FEBRUARY 2, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1448 - REROOF SERVICE CENTER RECOMMENDATION: Council approve award of Bid # 1448 - Reroof Service Center to the low bidder meeting specifications, David Duffield, in the following prices: Base Bid Remove and Replace Deck Remove and Replace Nailers Install Roof Drain Install Drain Line Weekend /Overtime Per Man $158,480.00 $ 12.00 per square foot $ 2.75 per linear foot $120.00 each $ 12.00 per linear foot $ 8.00 hour SUMMARY: Bids were received on reroofing the Service Center Complex. The existing roof has only a 10 year life expectancy and is now twelve years old. It is approximately 42,000 square feet and has developed numerous leaks due to poor application and a minimum roof specification. There have been multiple repair attempts on this roof. It has well below the specified amount of asphalt bitumen required for interply adhesion as well as the flood coat. The flashing felts are oxidizing and rotting and ridges and blistering are common on the roof surface. BACKGROUND: Tabulation sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Service Center Complex. FISCAL IMPACT: Funds are available in account # 610-080-0250-8301 which has a current balance of $197,380.49 as of January 26, 1993. espec ull r s bmittedy Lloyd V. HarrelV, City Manager Prepare by: Name: ela a Harden Title: Buyer A proved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 339.agenda 0 cn H W w U O a H a A I O H U w x O H Pr4 W vi 8 a Q W H H D4 0 0 a zz w H a 0 A z a Q Wz 9 a 0 Q a O zz a O A Wz D O O N M O O O 1n w 4* L C 00 O In o 0 o r- 9 h o 0 o rn r %D M 0 0 a% h +R K O %D w m r- cli 401F M H ON 40b. H +a - - - - - - - - - - - - - - - - O Ln 1n O O O O h N O O O 00 I~r 0 0 00 h ur yr O d' CV U! co O ur v► FA ~3 H co 441. H 44. - - - - - - - - - - - - - - - - o O Ln O o 0 0 o h o 0 0 O N N O N Cu 00 H V! N H t4 V! q 403. r-I p 4& N LO o O 0 0 0 1n 0 0 0 0 o h o Ln N 0 r ui O yr w O .-1 H O 00 w vt PA co O N 401. . - - - - - - - - - - - - - - - - 0 h z H a O Q p h 8 9 a H U ~ o O z z U W 9 O U a w H W M co r-1 0 H U w U a w w w g a a H ON ON ri ri h w a z w P4 0 O O O O O O O 1n N O 1n 1n v w vs In N ri m h h vs v► w w ~H rn H - - - - - - - - - - - - - - - O O O o O O O Ln O O O O m d' N O r-I 00 D~ vs u► 1n N W w h d' ur w w H H 411+ - - w " z z z H U U r~ P4 H a W £ P4 A P° W w z w ~a w s ~a m H ~a of a o z 'w 0 A ~7 w w H - H - - r ] z - - - w - - - - - - - - - - - - W 5c W o+ I a a w a w as 4 CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this A.D., 19 93 , by and between THE CITY OF DENTON 9 day of FEBRUARY of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and DAVID-DUFP1-ELD-')C0., INC., 1910 VIRGINIA ST., DENTON, TEXAS 76201 of the City of And State of DENTON TEXAS termed CONTRACTOR. County of DENTON Party of the Second Part, hereinafter WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID # 1448 - REROOF SERVICE CENTER in the amount of $ 158.480.00. and all extra work in connection therewith, under the terms as stated in the Genera 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 said construction, 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), Instruction to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON , all of which are made a part hereof and collectively evidence and constitute the entire contract. CONTRACT AGREEMENT PAGE 2 OF SPECIAL CONDITIONS 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 and 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 th 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 othe 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 Cit 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 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. . CONTRACT AGREEMENT PAGE 3 OF IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: 10, ATT T: d 4 e T3ot'Atll lt=. A. PU i NAM DAVID DUFFIELD CO., INC. Party of the Second Part, CONTRACTOR By Title P7lQA \JJ (SEAL) - 00.000`OOT$ OZ da SGNOH S00HNV'I'IH3SIW GNV IINHad '8 HSNHOIq 00000`001"T$ OZ dfl SGNOH HONVNHSNIVW 18 SNHW)~Vd `HONVWa0AH9d 00'000`00£$ OS do SGN09 GIS :SMo[[o) se ';oojogl ainleu oql m suollu&lgo uollljm pue saouniu8oow 'sSupleljopun 'spuoq Ile pue Aue 'pannbaj aiagm 'paap pue loe sll se pue 'Alams se '31egaq sp uo pue So3 iaAI[ap pue Ins Isolle 'olnoaxa 'gotu of loe3-uT-A2ujollV In3mel pue an]l sll )ONHJV HONVU[ISNI 'IOd AO SHH2~0'IdWH SV 'I'IHNHO0 'H NOG GNV HOSH'I '7 HNI7f1Vd :Ituodde pup alnl[lsuoo 'oleulujou Agajaq soop siouq[I 3o alelS oql jo sme[ oql 3o onlnA Aq Bullscxa pue pazluu2jo uoilejodioo e `ANVdWOO 9DNV&nSNI 0D-dVOX31NI IBU 'SlK9S2lWd 3S'dH.L AA N3NI 'PIV MONK -sloullll 1o alelS eql to smel aql Aq paujano6 aq pegs AewOllV 10 jamod slgl luaw4jeda0 6ullljmjapun puoe loejwoo :u0llu914V 'ANVdW00 30NvunSNI DOUVOU31N1 of passajppe ag ism AawollV to jamod slgl 6ulpje6aj saulnbul jo suollsan0 ,6ullum ul aq lsnw pue 'ANWIN00 30NVHnSNI ODUVOU31NI 10 jaolllo pezuoglne ue uegl Aeglo uos.iad Aue Aq apew aq Am AawollV 10 jamOd sigl 6ulpjebaj salluejjem jo suolleluesajdaj ON'pileA aje AawollV 10 aamod slgl 10 sleul61io Aluo punoib loeq pajoloo moqulej a uo Elul paj pue loelq gllm jaded allgm uo paluud sl pue ANVdW00 30NvunSNI OOUVOU31Nl 10 leas pajagwnu pue padwels aql maq AawollV 10 jamod slgl paseja AO pajalle 11 ploA sl AaujollV 1O jamod slgl AaujollV 1o jamod jeglo Aue gllm uogounluoo ul pasn aq lou Aew AawollV 1o jamod Slgl •utalaq poiPoods puoq aql glint uollounfuoo ut Aluo pasn aq oZ AWHOLLV d0 WMWOd C19,LIWI'I 0o'OSb 8gl # 103f0Hd '01 M ltldIONIUd WnS lVN3d Hbbl 'ON aia HarLN30 aJIAHHS a00HaU NOUV01180 d0 N0I1V001'8 N011dIHOS30 NOSNHQ ao _ i Rao 'ONI lmvdimoo Q'IaI ana QIAKQ IVdIONIad h ~-rOO f-i O O T V V L ,alep uogegdxe pies Y iege jo uo polnoaxe lowogl wryeu aql ul # ONOB suopubllgo uallum jaylo jo soouezlu6ooa 066?,-L19-90L sbuiWpopun'spuoq w se PIIeA eq Nu S ou tin wne o - lays U-1101 8141 uo Reujolltl to jamod ON i g g g 0609 £L 4 09 llll .IOOIJ q}OZ • aue-I ueouawV }sea OgtL b66T `T£ ).UVnNVC , XNVCII OC) aoxv Iflsxi o9HVDHHJ[. iI :AS G3sn ION A dIOA BOND NO. 1 004844 TEXAS STATUTORY PERFORMANCE BOND - PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, That DAVID DUFFIELD COMPANY, INC. (hereinafter called the Principal), as principal, and Intercargo Insurance Company, a corporation organized and existing under the laws of the State of Illinois, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto CITY OF DENTON , (hereinafter called the Obligee), in the amount ofONE HUNDRED FIFTY EIGHT THOUSAND FOUR HUNDRED EIGl3TbDollars lS 158 , 480.00-- ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: Whereas, the Principal has entered into a certain contract with the Obligee, dated the9TH day of FEBRUARY 1993 fOBID #1448 - REROOF SERVICE CENTER , 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 the work in accordance with the plans, specifications and contract documents, then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas, as currently amended, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Article to the same extent as if it were copied at length herein. Surety agrees that the bond provides for the repairs and/or replacement of all defects due to faulty material and workmanship that appear within a period of one (1) year from the date of completion and acceptance of the improvements by the Obligee. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23rd day of MARCH PRINCIPAL: DAVID DUFFIELD COMPANY, INC. BY: ( s 19 93 . ,O\\`\r il1l1ur~llgryl/ql/i J fy/ i SURETY: Intercargo4'~Orance'Ca rLY PAULINE L. "I M1111" SEAL #046 BOND NO. 1004844 TEXAS STATUTORY PAYMENT BOND - PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, That DAVID DUFFIELD COMPANY, INC.- , (hereinafter called the Principal), as principal, and Intercargo Insurance Company, a corporation organized and existing under the laws of the State of Illinois, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto CITY OF DENTON , (hereinafter called the Obligee), in the amount of ONE HUNDRED FIFTY EIGHT THOUSAND FOUR RID Dollars EIGHTY AND NO 100----- 158 1480.00--) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: Whereas, the Principal has entered into a certain contract with the Obligee, dated the 9TH day of FEBRUARY 19 93 for BID #1448 - REROOF SERVICE CENTER , 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 promptly make payments to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, as currently amended then this obligation shall be null and void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23rd day of MARCH 1993 PRINCIPAL:DAVID DUFFIELD COMPANY, INCSURETY: Intercargo Insu BY: m t1.~ BY: PAULINE L. yr4ey-in-Fact .~L•N~``' SEAL #046 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. PERFORMANCE BOND STATE OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENT: That of the City of County of DENTON and State of as PRINCIPAL, and DAVID DUFFIELD CO., INC. , 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 as OWNER, in the penal sum of ONE HUNDRED FIFTY EIGHT THOUSAND FOUR Hi En .T(,Hw AND No/100---------------- Dollars 158.480.00 ) 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 thf OWNER, dated the 9 day of FEBRUARY , 19 93 for the construction of BID # 1448 - REROOF SERVICE CENTER in the amount of S 158.480.00 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 saic principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and convenanted by the Princ.ipai--~to=-be-.-'observed_-and_pper-formed, and according to the true intent and meaning of said Contract and 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 Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety for value received, stipulates and agrees that no changes, 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alternation or addition to the terms of the contract, or to the work to be performed thereunder. PERFORMANCE BOND PAGE 2 OF 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1992. Principal By Title Address (SEAL) Surety Title Address (SEAL) The name and address of the Resident Agent of Surety is: NOTE: Date of Bond must not be prior to date of Contract. PAYMENT BOND STATE OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENT: That DAVID DUFFIELD Co.. INC. of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON , OWNER in the penal sum of ONE HUNDRED FIFTY EIGHT THOUSAND FOUR HUNDRED EIGHTY AND no/100--------------------- Dollars ($158,480.00 ) 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 9 day of FEBRUARY , 19 93. BID # 1448 - REROOF SERVICE CENTER 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 'tie-"void-,---otherwise to remain- in-full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alternation or addition to the terms of the contract, or to the work to be performed thereunder. PAYMENT BOND PAGE 2 OF 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1992. Principal By Title Address ty Title Address (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: _ o 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. o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: 00 Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in 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 arising during the contract term which give rise to claims made after expiration of the contract shall be covered. o 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. o Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REOUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the contract, or longer, if so noted: (X) General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. (X) Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $500,000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) (X) Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. (X) Fire Damage Legal Liability Insurance coverage is required if Broad form is unavailable to the contractor o portion of a City building. Limits occurrence are required. General Liability is not provided or r if a contractor leases or rents a of not less than $1,000,000.00 each Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER NAME OF BIDDER: DAVID DUFFIELD CO., INC. DATE: 14 January 1993 MS. DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS DRIVE DENTON, TEXAS 76201 Dear Ms. Harpool: The undersigned, in compliance with your advertisement for Bids for Reroofing on certain areas of the following building: THE CITY OF DENTON SERVICE CENTER 901-B TEXAS STREET 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 (Casha.er-Ls-Check) (CerkifLed-Check) (Bid Bond) in the amount of $ G.A.B. five percent (5e) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA #1• (Initial) ADDENDA #2 (Initial) ADDENDA #3: (Initial) EFiG-TE c~H ~c ;.fact _ : ' act:i.i: g ® k ;kk RMUMMMM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Ramey & King Insurance POLICIES BELOW. 101 S. Locust suite 707 COMPANIES AFFORDING COVERAGE Denton TX 76201- CODE SUBCODE COMPANY A Penn America Insurance ; LETTER coMPauv B Consumers County Mutual LETTER INSURED . David Duffield Cc Inc COM a C Associated Int. Insuranc 1520 Churahlll COMPANY D Tx. Workers Camp Facility LEITER Denton TX 76201- . COMPANY E LETTER .....:..s:.:.>::` PHIS 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 TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN . . . . . . . MAY HAVE BEEN REDUCED BY PAID CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'O ' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE :POLICY EXPIRATION LIMITS -Tp: DATE (MMIDDNY) DATE(MMIDD/YY) . i . . . . . . . . . . . . : . . GENERAL LIABILITY PAC1003004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 09/16/92 09/16/93 GNERAL AGGREGATE :s 2000000 A i X COMMERCIAL GENERAL LIABILITY .PRODUCTS-COMP/OP AGO. S 10D000O ' CLAIMS MADE X OCCUR.: PERSONAL 6 ADV. MIRY Iacocca :OWNERS 8 CONTRACTORS PROT. - EACH OCCURRENCE. . f..1000009 . . i FIRE DAMAGE (MY aro Ifa) pS 60000 . : _...6000_.... MED. E)ffETISE (Am/ ane pefeon);4 B AUTOMOBILE LIABILITY CBA004402 COMBINED SINGLE 09116192 09/16193 1000000 L 4 ANY AUTO : : ' X : ALL OWNED AUTOS :BODILY INJURY `(Per Person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY I i (Per axMenQ X NON-OWNED AUTOS : : ' GARAGE LIABILITY PROPERTY DAMAGE :S C EXCESS LMB... LTn' SP012047 09/16192 09/16/93 EACH OCCURRENCE 4 1000000 _ X UMBRELLA FORM iAGGREGATE 4 1000000 OTHER THIN UMBRELLA FORM ; . . _ . STAMORY LIMITS WORKER'S COMPENSATION TWC103016MO D 09/16/92 09/16193 : EACH ACGOENT s 600000 AND i DISEASE - POLICY LIMIT iI 500000 EMPLOVQiB' LIANLIIV . DISEASE - EACH EMPLOYEE I 500000 OTHER OP.........................................:............................. DESCRII 'IpN OF ERATIONSILOCATKNSNEHICLESSPECIPL ITEMS Project: Reroof Service Center Attn. Denise Harpool City Of Denton Attn. Purchasing Dept. 215 E. McKinney Denton TX 76201- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER NOTICE TO BIDDERS Sealed proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, Texas 76201 will be received at the office of the Purchasing Agent until 2:00 P.M. on Thursday, January 14, 1993, for Reroofing at the City of Denton Service Center, 901-B Texas Street, Denton, Texas 76201. There will be a mandatory pre-bid conference on Wednesday, January 6, 1993, at 10:00 A.M. in the Purchasing Department Conference Room located at 901-B Texas Street, Denton, Texas. 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 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, C.P.M. Purchasing Agent PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, Contract 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 - CITY OF DENTON SERVICE CENTER, 901-B TEXAS STREET, DENTON, TEXAS ONE HUNDRED FIFTY EIGHT THOUSAND FOUR HUNDRED EIGHTY AND N01100 DOLLARS $ 158,480.00 UNIT PRICE PROPOSAL: 1. Remove and replace damaged metal decking: $ 12.00 per square foot. 2. Remove and replace deteriorated nailers: $ 2.75 per linear foot. 3. Install four inch (4") roof drain: $ 120.00 each. 4. Install four inch (4") cast iron drain line complete with all connections, elbows, etc.: $ 17.00 per linear foot. 5. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: $ 8.00 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, INC. Base Sheet: GS ROOFING PRODUCTS Insulation: INTERNATIONAL PERMALITE Felt: GS ROOFING PRODUCTS Bitumen: TRUMBELL PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER Upon receipt of notice of acceptance of this bid, within sixty (60) 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 (1008) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (1008) 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 Manufacturer Representative 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: If a Contractor is awarded the project, project must be completed within twenty 05) calendar days or Contractor will be subject to liquidated damages as set forth below. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON SUPERINTENDENT OF FACILITIES MANAGEMENT'S OFFICE. The undersigned agrees that the owner may retain the sum of THREE HUNDRED DOLLARS ($300.00) 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. PROPOSAL REROOFING AT CITY OF DENTON SERVICE CENTER 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) RESPECTFULLY SUBMITTED BY PRESIDENT Trr DAVID DUFFIELD CO., INC. ADDRESS 1910 VIRGINIA ST. DENTON, TEXAS 76201 Indicate if: [ ] Partnership $X] Corporation [ ] Sole Owner If a partnership, list names and addresses of partners: If a corporation, indicate state in which corporation was organized and is existing: TEXAS Principal Stockholders: (Name and Address) DAVID DUFFIELD, 1520 CHURCHILL, DENTON, TEXAS 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 . . . . . . . . . . . . . . . . . . . $ 22,000.00 B. Total Materials . . . . . . . . . . . . . . . . $ 136,480.00 JOINT PAYMENT ADDENDUM TO CONTRACT AGREEMENT DATED FEBRUARY 9, 1993 BETWEEN DAVID DUFFIELD COMPANY, INC. AS CONTRACTOR AND THE CITY O!- DENTON FOR CITY OF DENTON SERVICE CENTER PROJECT This Joint Payment Addendum is made a part of the above referenced bontract Agreement and controls over any inconsistent provision of such contract agreement. 1. Contractor has provided to Owner concurrently with the execution of this Addendum the name of the Subcontractor, C.D. McKamie Company who has contracted to furnish labor and material in connection with the project covered by the Contract Agreement. 2. Contractor shall, as a co agreement, submit a monthly day of the month for payment of the same month, which performed and materials Subcontractor. edition of payment under the contract payment request on or before the 1st to be made on or around the 10th day shall include specification of work used and the amount due said 3. Owner shall make checks for payments under this contract jointly payable to Contractor and Subcontractor in the amounts determined from the monthly request for payment. 4. Owner shall not have any duty or obligation to any person, including Payees, under this Addendum, and no person shall have rights as a third party beneficiary of this Addendum, the sole purpose hereof being to establish a payment arrangement for the protection of the Contract and to induce Owner to enter into the Construction Agreement with Contractor. CITY-CZF DATON ( B T DAVID DUFFIELD COMPANY, TNC.(Contractor) w l ~F By: Title: M t-- 5 C.D. MCKAMIE COMPANY (Subcontractor) BY: ~v Title: t-) ASSIGNMENT OF WARRANTY ADDENDUM TO CONTRACT AGREEMENT DATED FEBRUARY 9, 1993 BETWEEN DAVID DUFFIELD COMPANY, INC. AS CONTRACTOR AND THE CITY OF DENTON FOR CITY OF DENTON SERVICE CENTER PROJECT This Assignment of Warranty Addendum is made a part of the above" referenced Contract Agreement and controls over any inconsistent provision of such Contract Agreement. 1. All guaranties and warranties required under the terms and conditions of this contract are the responsibility of C.D. McKamie Company. DAVID DUFFIELD COMPANY, INC. (Contractor) By:-'F~~ Lk=~~ Title: President C.D. McKAMIE COMPANY (Subcontractor) By; Title: