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1991-177ORDINANCE NO 91-17~__ 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 1293 CBS Roofing Service $ 23,538 00 1299 Associates Commercial $166,200 00 Corporation Dallas Texas 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 approva PASSED AND APPROVED this the ay of tytot - ,1991 v._i~l BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED A TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY DATE November 19, 1991 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT* BID #1293 - REROOF FIRE STATION #2 RECOMMENDATION We recommend this bid be awarded to the low bidder meeting specification, CBS Roofing Service, in the amount of $23,538 00 SUMMARY; This bid is for labor and materials to reroof Fire Station #2 on West McKinney Street Four bidders responded to this invitation to bid The lowest bid of Shermanite roofing did not meet contractor qualifications of being successfully in business for (5) years prior to this bid This specification is a requirement to ensure reliability in a contractor in case warranty work on the roof is needed in the future The next low bid was CBS Roofing this company completed the reroof of City Hall for the City of Denton recently BACKGROUND Tabulation sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED Fire Department FISCAL IMPACT Funds for this project will come from Certificates of Obligation, sold during the 1990-91 fiscal year The orginial intent was to Reroof Central Fire Station Due to a change in priorities that project was cancelled releasing the funds for use on Fire Station #2 Respec lly submitted Lloyd V Harrell City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent TS/7h 205 DOC 0 O 0 C7 O 1 11 O O 11 1 z H W m # O 00 N W U m m VA VA 1f1 ♦4 r Lf) +A O ~ M► rx a /ri W N h rn M' ff7 U N O O O O O IT 111 1f1 O 111 O W H U H N M m M O C5 7 1f1 i9 H 4! O c,~- O h a 0 O O CD co O O m 1ff% tA =r o in CM q m U) O O m N +9 N C z O U O O O W O 1f1 O 0 0 co 1 p 4 M. M. 4 N !4 p 4 49. U 1!T ~ m N M La U N Kp O tT O W H fT H E 6 L4 e ' F a m f/] a W m U p p N W 47 O 94 m H W A H WW 04 N4 m. Z VV ii O HH O q a q O LQ PC 'L O O H W W W ~ E b ~ ~ H ° m A z a a m W _ _ _ _ _ _ _m_ - o I ~ N m _r DATE November 19, 1991 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECTS BID #1299 LEASE/PURCHASE FINANCING RECOMMENDATION We recommend this bid be awarded to the lowest bidder meeting specifications Associates Commercial Corporation Dallas Texas at the fixed interest rate of 6 98% for 60 months Total accumulated interest will be approximately $166,200 00 SUMMARY: This bid is for the third party lease/purchase agreement to fund an approximate $890,230 00 expenditure for solid waste refuse equipment A portion of the actual equipment purchases have been approved by Council on previous occasions Two front load trucks in the amount of $207,196 00 one side load truck for $72,376.00 (Bid #1273) along with containers in the amount of $445,658 14 (Bid #1286) have been approved with third party lease/purchase funding as the source of funds The acquisition of a landfill compactor (Bid #1298) will be brought to council for consideration in December, estimated cost $165,000 00 The funding is based upon a 60 month payout,monthly payments will be approximately $17,619 00 Title of all equipment will pass to the City of Denton upon delivery BACKGROUND Tabulation sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED Commercial Solid Waste Division of the Utility Department, Customers of the City of Denton Solid Waste System FISCAL IMPACT Funds to repay this debt will come from budgeted revenue funds generated by Solid Waste collection and disposal activity rates Respect ly subm t ed Lloyd Harwell City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent TTHJ OC H N 8 ~V 1 1 QI Z ^ ~O ~ f ~C ~O O - - tlp I N M W F7 ft I N M CONTRACT AGREEMENT 9/-/77 THIS AGREEMENT, made and entered into this 19 day of NOVEMBER A.D., 19 91 by and between THE CITY OF DENTON 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 CBS ROOFING SERVICE WEST UNIVERSITY DRIVE. DENTON A DIVISION OF CBS MECHANICAL, INC. ( l of the City of DENTON , County of DENTON And State of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. 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 #1293 - REROOF FIRE STATION #2 in the amount of $23.538.00. 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 thek 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), Instructions 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 t eof, and the Specifications therefore, as prepared by Ango XHUSTRIES X)w , all of which are made a part hereof and 2TYn ectively evidence and constitute the entire contract. CONTRACT AGREEMENT SPECIAL CONDITIONS Independent Status PAGE 2 OF 3 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 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 whim it is legally liable, with regard to the performance of this Agreement, and Contractor will, t 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. CONTRACT AGREEMENT PAGE 3 OF 3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written., ATTEST: CITY OF DENTON Party of he First fi~art OWNER B TJ~c . (SEAL) ATTEST: CBS ROOFING SERVICE A DIVISION OF -Party of the Second Part, CONTRACTOR CBS MECHANICAL, INC. By . oikA Titl J SE PH S. M LROY, PRESIDENT (SEAL) Name and Address of Agency CERTIFICATE OF INSURANCE CITY OF DENTON Phone Name and Address of Insured: Phone _1 City of Denton Reference: Project Name: Project No: Project Location: Managing Dept: Companies Affording Coverage: A B C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this ti'-. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Crmpany Expiration Limits of Liability letlzr_ Type of Insurance ---.Policy Nuinher Oa te In. Thousands (000) Comprehensive General Liability - Occurrence - Claims "ade (see 'l4-Page CI-4) Broad Form to Include: - Premises/Operations - Independent Contractors Products/Completed Operations - Personal injury - Contractual Liability(see r.3-Page CI-4) - L'xplos ion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage Fire Legal 1_i ability (see 95-Page CI-4) Broad Form Property Damage Ge tL r'r n.: Bodily injury j Property Damage Bodily injury and Property Damage Unit nod ' $ Professional irr'ors/Cmissions - occurrence - claims made (see 94-Page CI--4) y Comprehensive Automobile - Bodily Injury/'Person -K ability Bodily Injury/Accident y - Owncd/Leased Automobiles Property Damage 5 - Non -owned Autufrobi Ies Hired-Autom.obiles Bodily Injury/Property Damage Ccnib i ned j - .4orkers' Compensation and 1 1 Statutory Mount Employers' Liability j - Owners' Protective Liability Other Insurance j Description of Operations/Locations/Vehicles. t_ach policy shall require thirty (30) days notice of cancellation, nun-renadal, or material change in coverage. (See Q Page CI 4). Name and address of Certificate Holder. . it ( OF UI.NI!i P!, iB;iAS 901-B WAS S1. iY1!I JH, iLXAS i6201 Di1T1- iS;lTi,i) AUIiiOR!CLU RL!'RL.`rLP!1:1i !`iE SEI. UEI-I6!II[OFIS ON PAGE f.1-4 AI IAcHlu . CI 3 FIRE STATICN NO. 2 - 3309 E. McKINNEY SIP= - DENICJN, TEXAS - PAGE 1 PART 1 - GENERAL INSIRLCrICNS 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 at CITY OF DENTON SERVICE CENTER, 901-B TEXAS STREET, CITY OF DENTON, DENTON, TEXAS. 1.2 INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s)shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicted, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: (a) Thirty (30) days advance written notice of material change or cancellation shall be given; and . (b) The City of Denton shall be an additional named insured on all policies. 1.2.1 Workmen's Compensation and Employer's Liability: This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: (a) Workmen's Compensation - Statutory (b) Employer's Liability - Statutory FIRE STATION NO. 2 - 3309 E. MCKDZEY SIREEi' - MnW, TDM - PAGE 2 1.2.2 Comprehensive Automobile Liability: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: (a) A combined single limit of $500,000. 1.2.3 Comprehensive General Liability: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: (a) A combined single limit of $1,000,000.00 FIRE STATION NO. 2 - 3309 E. M^KIhAM STREET - DMICN, TEXAS - PAGE 3 1.2.5 Summary/Definitions: Summary The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from nay deductible provisions, corridor of self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the contractor d that issued Owner. insur irectly in writing. Any notice to procee shall be subject to such approval by the cates d Definitions 1. Additional Insured: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. Notice of Cancellation: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of . premium, only ten (10) days written notice to owner is required. FIRE STATICN NO. 2 - 3309 E. lAcKDNE'Y STREET - DE UCN, TEXAS - PAGE 4 Definitions - Continued 3. Contractual Coverage: (Liability assumed by the contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contactor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. Claims Made Policy Form: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one (1) year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. Fire Legal Liability: (Required in all contracts that involve the occupancy, construction or alteration or buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of Liability is to be a minimum of $500,000. 6. Owner: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. BID #1293 PROJECT #31082891 PAGE 1 OF 5 PROPOSAL: REROOFING FIRE STATION NO. 2, McKINNEY STREET CITY OF DENTON NAME OF BIDDER: CBS Roofing Services A Division Of CBS Mechanical Inc DATE: October 31. 1991 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: FIRE STATION #2, McKINNEY 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 (Cashier's Check) (Certified Check) (Bid Bond) in the amount of N/A five percent (5S) of the bid. I (or we) acknowledge receipt of the following addenda: ADDENDA #1: N/A (Initial) ADDENDA #2: N/A (Initial) ADDENDA #3: N/A (Initial) BID #1293 PROJECT #31082891 PAGE 3 OF 5 PROPOSAL: REROOF REPAIRS AT FIRE STATION NO. 2, McKINNEY STREET CITY OF DENTON CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for Project #31082891 and Conditions for Reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: I. 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 facility: BASE BID - FIRE STATION NO. 2, 3309 E. MCKINNEY STREET: TWENTY THREE THOUSAND FIVE HUNDRED THIRTY EIGHT DOLLARS 0/0($ 23,538.00 UNIT PRICE PROPOSAL: 1. Remove and replace damaged decking: $ 9.50 per square foot. 2. Repair and replace deteriorated nailers: $ 4.00 per linear foot. 3. Install 4 inch roof drain: $ 750.00 4. Install 4 inch cast iron drain line complete with all connections, elbows, etc.: $ 18.00 per linear foot. 5. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: $ 12.50 additional per man per hour. QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's company name of materials being bid on. Coal-Tar Membrane: HYLOAD 150E Felt: TAMKO PLY IV Cold Process Manufacturer: ROOF MAINTENANCE SPECIALIST 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. TAXES: 4. Tax Exempt Number 75-1472277 shall be used on this project. Tax should not be included in your bid. BID 61293 PROJECT #31082891 PROPOSAL: REROOF FIRE STATION NO. 2, McKINNEY STREET CITY OF DENTON PAGE 5 OF 5 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 CBS ROOFING SERVICES,_A DIVISION OF CBS MECHANICAL, INC. TITj.E t A D ESS JUSEPH S. MULROY, PRE IDENT 5001 WEST UNIVERSITY DRIVE DENTON, TEXAS 76201 Indicate if Z(Xp'%yXXyJ") 4 Q(X) Corporation XX)0Xv0tWX0W&W 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) . JOSEPH S. MULROY, PRESIDENT, 5001 W. UNIVERSITY, DENTON, TEXAS 76201 MIKE C. SCHLOEMAN, VICE PRESIDENT, 5001 W. UNIVERSITY., DENTON, TEXAS 76201 j r: