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1991-036ORDINANCE NO ~_03 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 1162 C B S Mechanical $137,372 00 1163 Jabeau Roofing, Inc $ 47,369 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.7 day of 1991 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY PAGE 2 DATE March 5, 1991 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1162-REROOF CITY OF DENTON MUNICIPAL BUILDING RECOMMENDATIQN We recommend this bid be awarded to the low bidder, C B S Mechanical in the amount of $137,372 00 SUMMARY This bid is for materials and labor to replace the built-up roof system on the City of Denton Municipal Budding The new work will provide a water tight facility, with a two (2) year contractor's warranty and a fifteen (15) year manufacturers warranty Extensive damage was done to the already deteriorating roof material by the heavy rain fall in the Spring of 1990 Denton County was eligible for flood disaster funds from F E M A These F E M A funds, insurance funds along with Certificate of Obligations funds will make this expenditure possible BACKGROUND Tabulation sheet PROGRAMS~_DEPARTMENT__OR__GROUPS__AFFECTFO Building Operations Department, General Government Employees, Citizens of Denton FISCAIL_IMEACT Funds for this project will be broken down as follows Certificates of Obligation $109,910 00 Insurance Claim $ 658 00 F E M A _t_26~804,00 $137,372 00 *Ozy V Harrell City Manager Prepared by T ~ Name Denise Harpool Title Senior Buyer Approved siL_" Name Tom Shaw, C P M Title Purchasing Agent DH/,jh 129 DOC BID # 1162 BID NAME CITY CE' DENTON MUNICIPAL BUILDING OPEN DATE 11-6-90 11 1 2 3 4 5 QTY -1 II ITEM DESCRIPTION BASE BID A,B,C BASE BID A,B,C, ELEC PANEL REMOVED ROD' A ROOF B ROD' C 5% BID BOND CASHIERS/ CERT= CHECK CBS VENDOR I $137,372 00 $137,372 00 $89,21400 $36,616 00 $11,542 00 YES C D M EAMIE VENDOR $176,719 00 $175,969 00 $123,575 00 $38,019 00 $15,125 00 YES TRANS- CONTIENTAL VENDOR $179,000 00 $177,000 00 $116,000 00 $48,000 00 $15,000 00 YES J EUBANK VENDOR $228,375 00 $226,875 0o $114,187 50 $57,093 75 $57,093 75 YES ~a750 CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 9 day of MARCH 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 SERVICES, 5001 WEST A DIVISION OF CBS MECHANICAL, INC. UNIVERSITY DRIVE DENTON, TEXAS 76201. 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 #1162-REROOF CITY OF DENTON MUNICIPAL BUILDING in the amount of $137,372.00 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 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 thereof, and the Specifications therefore, as prepared by ARMRO INDUSTRIES INC. 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 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: U ATTEST: ty of the Second Part By e I JOSEPH S r (SEAL) l4G c9 \v - A DIVISION OF CBS MECHANICAL,,^.,INC. Name`amid Address of Agency Phone Name and Address of Insured: Phone City of Denton Reference: Project Name: Project No: Project Location: Managing Dept: Companies Affording Coverage: A 8 C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time 2) The City of Denton is listed as an additional insured as to all applicable coverage. :ammpany Expiration Limits of Liability -etter_ TYOe of insurance Pnlirv Nimihar nafn T. T6n..e ~..d. innni Comprehensive General Liability O Occurrenc - ccurrence - Claims Made (see #4-Page CI-4) Bodily injury ; Broad Form to Include: Property Oamage $ - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury Damage Combined j - Contractual Liability(see 93-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page CI-4) - Broad Form Property Damage - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI4) Comprehensive Automobile Bodily Injury/Person Liability Bodily Injury/Accident - Owned/Leased Automobiles Property Damage j - Non-owned Automobiles - Hired Automobiles Bodily Injury/Property Damage Combined j - Workers' Compensation and Statutory Amount Employers' Liability ; each accident - Owners' Protective Liability j Other Insurance Description of Operations/Locations/Vehicles. Each policy-shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI4). Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGEN1 901-8 TEXAS ST. AUi110RIZE0 REPRESENTATIVE DENION, IEXAS 16201 1 ree nee,u,T,nue nu mere rr A erTer.¢n CITY OF DENTON MUNICIPAL BUILDING - DENTON, TEXAS - 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 at CITY SERVICE CENTER, 901-B TEXAS STREET, CITY OF DENTON, DENTON, TEXAS. 1.2 BID BONDS: AN ACCEPTABLE SURETY COMPANY BID BOND or CERTIFIED CHECK for the amount not less than five percent (5Z) of the bid amount shall accompany each bid. By "Acceptable Surety" is meant an Insurance Company licensed by the Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of City of Denton. The check or bond of each unsuccessful bidder will be returned within ten (10) days after the bid is awarded. FAILURE OF AN ACCEPTED BIDDER TO ENTER INTO A CONTRACT TO COMPLETE THE SPECIFIED WORK MAY CAUSE FORFEITURE OF HIS BID SECURITY. FAILURE TO SUBMIT PROPER BID SECURITY SHALL CAUSE REJECTION OF THE BID. 1.3 BOND AND INSURANCE SUBMITTALS: -The successful-bidding contractor shall be required to furnish the appropriate certificates of insurance, and the executed Payment and Performance-Bonds prior to starting the project. 1.4 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.. CITY OF DENTON MUNICIPAL BUILDING - DENTON, TEXAS - PAGE 2 1.4.1 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 1.4.2 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 $1,000,000. 1.4.3 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. CITY OF DENTON MUNICIPAL BUILDING - DENTON, TEXAS - PAGE 3 1.4.4 Owner's Protective Liability Insurance Policy: This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: (a) A combined single limit of $1,000,000. 1.4.5 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 --J approved the insurance certificates and so notified th contractor directly in writing Any notice to proceed that issued shall be subject to such approval by the Owner. CITY OF DENTON MUNICIPAL BUILDING - DENTON, TEXAS - PAGE 4 Definitinna 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. 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. PROJECT 111162 PAGE 1 OF 5 PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING NAME OF BIDDER: CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL, INC. DATE: NOVEMBER 6, 1990 MRS. DENISE HARPOOL, PURCHASING AGENT CITY OF DENTON 901-B TEXAS DRIVE DENTON, TEXAS 76201 Dear Sir: The undersigned, in compliance with your advertisement. for Bids for Reroofing on certain areas of the following building: CITY OF DENTON MUNICIPAL CENTER 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 X171 j0{ Xxxvv (Bid Bond) in the amount of xxxvvvxxY l.1le~~ five percent (5%) of the bids 5% G.A.B. I (or we) acknowledge receipt of the following addenda: ADDENDA #1: 10/31/90 (Initial) ADDENDA 112: N/A (Initial) ADDENDA 163: N/A (Initial) PROJECT 111162 PAGE 2 OF 5 NOTICE TO BIDDERS Sealed bid 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., November 6, 1990. BID# 1162 - REROOF CITY OF DENTON MUNICIPAL BUILDING BID# 1163 - REROOF CENTRAL FIRE STATION BID# 1164 - REROOF FIRE STATION #4 SHERMAN DRIVE BID# 1165 - REPAIR ROOF FIRE STATION #2 MCKINNEY STREET There will be a mandatory pre-bid conference on Monday, October 29, 1990 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 60 days from and after the date of the bid opening. Each bid must be accompanied by a cashiers check, certified check or acceptable bidders bond payable without recourse to the City of Denton, Texas in a amount not less than five (5Z) will enter into a contract and execute a performance bond, payment bond, and the required insurance certificate and owner's protection policy within fifteen (15) days after the notification of the award of the contract to the bidder. 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 This advertisement to run OCTOBER 14 6 21, 1990 PROJECT #1162 PAGE 3 OF 5 PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for Project 111162 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 facility: ROOF AREA A (FOR BUDGET PURPOSES ONLY) EIGHTY NINE THOUSAND TWO.HUNDRED FOURTEEN AND NO/100------- 589,7.14.00 ROOF AREA A (IF DESIGNATED ELECTRICAL PANEL HAS BEEN REMOVED) EIGHTY NINE THOUSAND TWO HUNDRED FOURTEEN AND NO/100------ $89,214.00 ROOF AREA B (FOR BUDGET PURPOSES ONLY) THIRTY SIX THOUSAND SIX HUNDRED SIXTEEN AND NO/100 S 36,616.00 ROOF AREA C (FOR BUDGET PURPOSES ONLY) ELEVEN THOUSAND FIVE HUNDRED FORTY TWO AND NO/100--------- $ 11,542.00 NOTE:' ROOF AREAS A, B, AND C TO BE LET AS A SINGLE PROJECT $137,372.00 UNIT PRICE PROPOSAL: 1. Remove and replace damaged decking: $ 8.00 per square foot. 2. Remove and replace deteriorated nailers: - 4.OO 3. Install 4 inch Josam Roof Drain: S 800.00$ per linear foot. each. 4. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: $ 18.00 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 Felt: TAMKO Bitumen: COKE PROJECT i/1162 PROPOSAL,: REROOFING AT CITY OF DEN'TON MUNICIPAL BUILDING PAGE 4 OF 5 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 Number1-75-1472277-Oshall be used on this project. Tax shouldnot be included in your bid. 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) day's thereafter, and to deliver 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 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: If a contractor is awarded the project, project must be completed within thirty-five (35) calendar days or contractor will be subject to penalty as set forth in the specifications. THE OFFICIAL, WEATHER RECORD WILL BE KEP'I' IN THE CITY OF DENTON'S DIRECTOR OF MAINTENANCE'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. PROJECT //1162 PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING PAGE 4 OF 5 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 Numberl-75-1472277-Oshall be used on this project. Tax should not be included in your bid. 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 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 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: If a coot or is awarded the project, project must be completed within ar days or contractor will be subject to penalty as set forth in the specifications. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON'S DIRECTOR OF MAINTENANCE'S.OFFICE. The undersigned agrees that the owner may retain the sum o ($300.00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and Holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. PROJECT #1162 PROPOSAL: REROOFING AT CITY OF DENTON MUNICIPAL BUILDING PAGE 5 OF 5 I (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. SEAL (If by Corporation) RESPECTFULLY SUBMITTED BY CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL, INC. 1001 LE JOSEPH S. MULROY, PRESIDENT 0p0~g WEST UNIVERSITY DRIVE ADENTON, , TEXAS 76201 817-387-7568 Indicate if: ( ) Partnership (Y_~ Corporation ( ) Sole Owner If a partnership, list names and addresses of partners: N/A If corporation, indicate state in which corporation was organized and is existing: TEXAS Principal Stockholders: (Name and Address) JOSEPH S. MULROY 5001 WEST UNIVERSITY DRIVE, DENTON, TEXAS 76201 MICHAEL C. SCHLOEMAN 5001 WEST UNIVERSITY DRIVE DENTON, TEXAS 76201 STATE OF TEXAS § COUNTY OF DENTON § PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: That CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL INC. , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and HARTFORD (AWAT.TV TnrcirPAwPv nnMDATII a ~,UKLTY, authorized under h te of Texas to act as surety on bond's for principals, are held and firmly bound eunto the THE CITY OF DENTON as OWNER, in the penal sum of ONE HUNDRED THIRTY SEVEN THOUSAND THREE HUNDRED S _ TWO AND N0/100---- Dollars ($j _1Z,3ZLAQ) 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 _5 day of _MARCH 19_1, for the construction of 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 convenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Plans and Specifications hereto annexed, then this obligation shall be void: oterwise 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 8th day of March 19AUJ 1991. CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL, INC. HARTFORD CASUALTY INSURANCE COMPANY Principal Surety n~i c, C:i O V i '2 s C B ^ Lr y w ~ w<n n:'r os ph S. Mulroy Titl esi W. Lawre e Brown =3 Title Attorney-in-Fact a:.` Address 5001 W. UNIVERSITY Address POST OFFICEcB4X y2'~~ 'P DENTON, TX. 76201 DALLAS TX.n45T')4 H Y J o.H G _T j name:iand=address of the Resident Agent of Surety is: Bill"y`Jo~ZBruce - 19th Floor Maxus Ener Tower, Lock Box 8 Dallas, TX. 75201 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 CBS ROOFING SERVICES A DIVISION OF CBS MECHANICAL INC. of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and HARTFORD CASUALTY INSURANCE COMPANY 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 Dollars ($137. 7 _00 themselves and their h jointly and severally, for the payment whe irs, administrators, by these presents: eof, the said Principal and Surety b executors, successors and assigns, WHEREAS, the Principal has entered into a.certain written contract with the OWNER, dated the _i day of . MARCH , 19o] . BID /11162-REROOF CITY OF DENTON MUNICIPAL BUILDING in the amount of $137,372.00 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 obligations 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. 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. 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 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-8th day-of- March - , 1991 - CBS ROOFING SERVICES, A DIVISION OF CBS MECHANICAL, INC. Principal By Jo eph S. Mulroy Tit resident Address 5001 W. UNIVERSITY DENTON, TX. 76201 i~~e817-387-7568 (tEAL) HARTFORD CASUALTY INSURANCE COMPAI n urety By ~ lJ W. Lawren e Brown _ Title Attornev-in-FarnrS~- n. , POST OFFICE DALLAS, TX. (SEAL) address of the Resident Agent of Surety is: Billy Joe Bruce c/o Alexander & Alexander of Texas, Inc. - }_:St== _.o on:; t R v o.. C+ 19th Floor Maxus Energy Tower, Lock Box #8 Da11as TX 75701 Note: Date of Bond must not be prior to date of Contract. 6 10-15-71 F v t I I I" - _ I I I ~ i Ir 111 I'I I!' 'II - {ri ( -'I. i 'i: - - III ) It,'- ' I Ii _ i ' I - I - III-- II 111 ll , ~ _ii. ~ I r i- , ' - 1 II r • _ •'i I I _ , 11 _ f " HARTFORD CASUALTY INSURANCE COMPANY :it i EXECUT ITS OFFICE HaMOM ConnedicW J - I+ _ i. l I! ; I ' I' - iIr ( _ :I -iii l-_ I. 11 -1I~ I1. "I. _ j-- ' 11 1' I1 I, III-_ I _II POWEROF. ATTORNEY. "i I1 11,0--' If I Know all"man,by these'. Presents, That the HARTFORD CASUALTY INSURANCE COMPANY, "a. [ c ~r Ecorporatiort duly •organrzetl untler'.the laws of the State of Indiana,,and having its Executive' Office iin the Crt of : 1l ' 1 • I _ h Hartford, County of Hartford Stateof Connecticut, does hereby.make,constitute and appoint Y_ i , 4-GO .7 3 7 " I II --fl -H A: GIBBON,-.JOE BRIG E,. W. LAWRENCE BROWN,.-WILLIAM,D.= BALDWIN, JANICE G.ICORREY - Ij• _ .I ; 1.,• DOROTHY VALEK, .KATHLEEN DAY, L- RAYIPITTS JR: - add, -PAMELA LANGLEY- I. 1 - , I IT- L _ _ I'' - + • _ _ .•I _ of -.DALLAS,TEXAS - _ - 11 i' . I I (1 - its true 'and lawful Attorney(s)-in-Fact) with: full -powerand,authonty to each of said, Attorney(s)-in-Fact in' their I' 1 c- ' 1,1 = • separate capacity of more than one is-named-above; to, sign, execute and acknowledge any'and ill-tiorids and " : - j IT ,undertakings-and: otherwritings, obligatory ~in-,the. nature, thereof. on behalf of the Company'in its'business' of 1 I,' 11 !n guaranteeing the-fidelityof persons holding places.of public-or private trI guaranteeing the'performance-of. 1 1 _ I = i 1 _I.I contracts other than. insurance'policies, guaranteeing the performance of insurance-contracts where surety bonds are by states and municipalities. and executinglor. guaranteeing bonds and- undertakings _ I regLlreg_or 111 I;I I - ( I - I:1- -permitted In all actions orproceedings or by law allowed - - - - - . - I. II I i I - ' (f iand to, bind 'the!HIARTFORD CASUALTY INSURANCE COMPANY thereti as,full and to the same extenh I,• such bonds and undertakings and 'other writings •obhgatoryin the nature thereof were signed ti as -if I I -I I- i.f _ !li 11 y an-Executive' i1 - •I; _ ~1 t Officer:of the-HARTFORD_CASUALTV -INSURANCE-COMPANY and sealed and attested by one other, of such ; anQheieby ratifies and confirms alfthat its said Attorney(s) m-FacCmay Officers do in pursuance heieof:- This power Of attorney is granted under"'and by authority of the following Resolutions adopted by the Bosrd.of Directors'of the HARTFORD CASUALTY INSURANCE COMPANY at a'meeting.duly called and' held on the,1st III il, II(.. . lI I I I IIr I day of July, 1987 RESOLVED that, the President or any vice-President, acting with any.Secenary or Assistant Secretary, shall have. power and authority to 1 I I I appoint for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof oneor more Resident Vice-Presidents, . Resident Assistant Secretaries and Attomeye-in-Fact and at anytime to remove any such Resident Vice-President.' I; I - Ili - ' I i " Resident Assistant Secretary , or Attorney-in-Fact, and revoke the power and authority given to him. - I - Attorneys.in-Factshall have power and authority, subject to the terms and lionudiore'ol the l • and deliver anbehalf of the Company and to attach the seal, of the Company thereto any and all bonds andoundertkl gs' andeothe writings I 1 i l obligatory.in'the nature thereof, and any such instrument excuted by any such Affornery-in-Fact shall be. as binding upon the Company as if I ~ i 1 ' ' signed by an Executive Officer and sealed and anested by one other of such Officers 1' • RESOLVED that Robert N .H. emotion, I i a t VICe-Pros dent shell have as long as he holds such office trio same powers "an y V ce-, ~I P resident pursuant toroapri;ceding Resolution, 1 I _I : 1 .li - 1, - RESOLVEDthat whereas the President or any Vice-Presdent. acting with any secretary or Assistant Set etarynos ~the'power'snC~ 111 1III _ 1 t - - authority to appoint bye power of attorney, for purposes only of executing and staining bonds and undertakings and other writings obligatory ( If „ n me nature thereof, one or more Resident Vice-Preadents, Assistant " III i _ , _ Secretaries and Attorneys-in-Fact. ' : 1;I I II, i. Now therefore: the"signatures•of such Officers and the seal of the Company may be affixed! to. an such _ i'I III f i certificate relating thereto by facsimile,. and an such any power oYsimile y onto any Y power of or c testa bearing such facsimile signatures facsimile seal shall be valid antl"bintlin u Company and any such power so executed and d certified by facsimile signatures: and facsimile seal snail be :valid' ZI . ' -and binding upo tithe Comma Company. in the future with respect to any bond or undertaking to which it is attached.. I _ I I I I' RESOLVED that. Robert N' H. Senor. Assistant" Vice-President may, as long as he holds such office, affix his signature by facsimile i '•.1l pursuant too and with the same effect as that granted to vice-Presdems under the preceding Resolution l t - 11 II t'l. 1'. In Wimaaa Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused ithese presents to. be - 1 } Ir tl II signed tiy its Assistant Vice rets . . -Presitlent and its corporate seat to beheretq affixedduly attestedby its Sec 1 --ai" I(1- 1l this lit day -of March, 1988 I -i rY; I,' i _•;I•. III HARTFORD CASUALTY INSURANCE COMPANY' r _ - r Attest I. - I l - : I ' __'t 1 - I I Robert J. Mathieu I - Robert Saner Mathieu ' 1 • - ,j Secrete - i I I I •1 ry I I 1 Assists f V ce President I - I l i - I i t 1 - , STATE OF CONNECTICUT l - I .1 II- 1 COUNTY OF HARTFORD IT I - - , I I (I II -!IOn--this 18th day of March, A.6.,'1988, before me arsons,, carne Robert ~N. H Sene,r .to'me known who been bI i- l;i . I,I III ' me duly, sworn, did depose and say: that he resides in the County of Hartford late of Connecticut; that he-is the - I'l•c_ Ili 1 - r1 ( L- Assistant Vlce-President of the HARTFORD CASUALTY INSURANCE COMPANY, the.corporatlom described in and, I• _ _ I which 'executed the above instrument: that he knows thelseal of said corporation, that the sealaffixed to the•saitl ii1 " II 'il - ' ( 4 is such corporate seal;rthafrt was'so affixed by. order of the Board of Directors of saitl.'corporation instrument and I I that he signed his name thereto by like eorder { r1, . lit i i' STATE OF CONNECTICUT i - g: fir I I - I' tI Jacq eline T Deros em, Notary P bl c I ' I II - I' j I 1 i - 'ii Ss IT I;' M Co misso Expires April l 993 II - fly" 11 ' -1 ,-COUNTY OF HARTFORD, r I _ i " LQCERTIFICATEv f, 1 - y 1 r 1 1 - I I I. i t I( i I the undersigned, Assistant Secretarymb Ne f.Lte+HP~FITf~'Yri,D-S ASI[VAL-TY•INSURANCE COMPANV,• an. Indlana'j•_- _ 1I•_ _11. (Corporation, DO HEREBY CERTIFY that the fy e9rn1 and'attacil o•PSNER OF ATTORNEY remains.in full force and has noPbeen-revoked andiurthermore::.thafthe Respkit ins oftheoardofDirectors set-forth' in the Power-,, 11 II --III II! of Attorney, are now, in force _ I, - •l i' l ' Ii Signed and sealed at the City of Hartford ate the tail I i I I ' I i I I _ I _ 1l1 h 1 I 111 n it .Ill +ty3th .day of M ch 1g 9 ~_I n h. ~ l I I FomnS3so74-(HC) PntecmUSA It I✓s' "-r\ ii DavidAJohsom I III I'- 1 II - 1 _ fit li _r1'h. IF I it 11 Asssfa tSao story Ifi r I 1 i' - il_: I - 1 I f f : f e•n. .,r! >L-.'L+" it If till II ih DATE March 5, 1991 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1163-REROOF CENTRAL FIRE STATION RECOMMEHRATION We recommend this bid be awarded to the low bidder Jabeau Roofing Inc in the total amount of $47,369 00 SUMMARY This bid is existing deteriorating built-up roof system contractors warranty warranty This pro,j Obligations for labor and materials to replace the roofing system with a Coal-Tar elastomeric This project will have a two (2) year and a fifteen (15) year manufacturers eat will be funded by Certificates of BACKCROUIRD Tabulation sheet PROGRAMS __DEPARTMEXT__OR___GR4aEa--AFFECTED Fire Department, Building Operations FISCAI_IMEACT Funding for this project will be made from Certificates of Obligation Respectfully submitted C~ v - el---- L1 d V Harrl City Manager Prepared by Name Denise arpool Title Senior Buyer proved Name Tom D Shaw Title Purchasing Agent TS/Jh 128 DOC - - g - - LO - - m - - g - o - - h 8 1 8 8 S O O O S +0D. 5 a B Ifl lL1 O O ~OQ 1 ~ ~ to 8 lfl l[l 8 Lr, 8 S O O O S `gQ E~ CJ P+