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
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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
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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
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