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2008-038
ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR ROOF WORK AT NINE CITY OF DENTON FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3915-ROOF WORK AT MULTIPLE LOCATIONS AWARDED TO THE LOWEST RESPONSIVE BIDDER MEETING SPECIFICATION FOR EACH SECTION FOR A TOTAL AWARD AMOUNT OF $424,715. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: ITEM NUMBER CONTRACTOR AMOUNT 1 Progressive Roofing $ 7,900 2,3,5,6,9 Weatherproofing Services $144,338 4,7A BRI Roofing $130,700 8 Roof Management Services $141,777 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1"L6f, day of ,2008. I /L PPERAK R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-OF X id 3915 J CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of February A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Weatherproofing Services 2336 Oak Grove Lane Cross Roads, TX 76227 of the City of Cross Roads and, County of Denton and State of Texas hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3915 Roof Work at Multiple Locations-Item 2City Hall, Item 3 Civic Center. Item 5 Fire Station 5, Item 6 Fire Station 6, Item 9 Visual Arts Center. in the amount of $144,338 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Armko Industries, Inc. and City Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time. as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of l% or greater occurs, the reasonable cost of the audit, including any travel costs, must be home by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be 'a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: J City of Denton O A/ J-4,4 1 BY: n ` -ZX U (SEAL) ATTEST: r _ /CONTRACTOR Lane MAILING ADDRESS c'1a-~3~-aaa PHONE NUMBER qua.-~~1-~a,as FAX NUMBER \ BY: V 1 C.* ~ -C S \ X IF' TITLE Q-00c., P\gc'e APPROVED AS TO FORM: PRINTED NAME (SEAL) TY ATTORN CA-4 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Weatherproofing Services whose address is 2336 Oak Grove Lane Cross Roads Texas 76227 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED FORTY FOUR THOUSAND THREE HUNDRED THIRTY EIGHT AND 0/100 DOLLARS 144 338) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-038, with the City of Denton, the Owner, dated the 19a' day of February A.D. 2008 , a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 r PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Weatherproofing Services whose address is 2336 Oak Grove Lane Cross Roads, TX 76227 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED FORTY FOUR THOUSAND THREE HUNDRED THIRTY EIGHT AND 0/100DOLLARS ($144,338) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008- 038, with the City of Denton, the Owner, dated the 19u' day of February A.D. 2008, a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, V emon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-4 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- • 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. • 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: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • 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. he inclusion of more than one insured shall not operate to increase the insurer's limit of liability. i • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" I • 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, Iwithout 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. • Should any of the, I 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 Protei tive Liability Insurance. • 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 is agreement effective on the date of the lapse. Cl - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liablility 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 (XCiJ) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. I The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. CI - 11 I [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. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] 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. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] 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. Cl - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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. Cl - 13 ATTACHMENTI JX] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Cl - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amendedovtarzcce CIQ - I CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B. C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? - E] Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? E] Yes F--]No D. Describe each affiliation or business relationship. e Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date amended cinarzcW CIQ - 2 QR!GINA L~~c~tV\er~i ao~~n~ PROPOSAL BID No. 3915 TO THE CITY OF DENTON, TEXAS FOR ROOF WORK AT MULTIPLE FACILITIES IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder. alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PAGE P-1 OF BID #3915 JAN. 25 '08 (FRI) 17:43 CITY OF DENTON PURCHASING 940 349 7302 PAGE.3/7 BID PROPOSAL - REVISED 1-211.206 CONTRACT DOCUMENTS: Having examined the Proposal, Contract, General Instructions. Materials, Execution, and Drawings for Project No. 3915 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: BASE BID 1- CHILL TOWER Work shall include tear oft to deck. mechanically fasten specified base street, fully adhere three inches (7) polyisocyanurate insulation, fully adhere 25/32" wood fiberboard insulation, install three plies fiberglass fans and coat-tar elastomeric membrane with flood coat and gravel. AD installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. O / BASE BID 2 - CITY HALL MAIN AREA B Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to. all seams In the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be performed per these specifications. qo/- L9 / P%p~f~jrltfi"~YP~ '^0!1 f.u,s BASE BID 3 - CIVIC CENTER AREA B Work shall Include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, gashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be pelfomued per these specifications. YJide - iK'vn S i BASE BID 4 - FIRE STATION 03 AREAS A and B Work shall include tear off to deck, mechanically fasten three Inches (31 poylaocyanurate insulation, fully adhere 25132" wood fiberboard insulation, install three plies fiberglass lefts and coal-tar slastomeric membrane with flood coat and gravel. Additional work shall Include provide and Install three new drains, replace existing plastic drain bowls with 4" cast iron bowls, fir out rise wag with lumber and vertical metal panels, and provide and install new conductor heads and downspouts. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers guidelines. Area B: Additional work shall include providing and installing furring out of wall from Area B to Area A with'/: exterior grade plywood and Installing metal panel system on low proflte hat channel with -W panel design. BASE BID 6 - FIRE STATION #5 Work shall Include proper preparation of metal substrate to receive new elestomeric roof costing system. Substrate preparation shall Include, but not be limited to, aN flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. Ali installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY -COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. /~i e, nut sa~rc%rX`~i n~~rl S py,~~ a 9j (o ~7 BASE BID 6 - FIRE STATION 06 Work shall include proper preparation of metal substrate to receive new elastomeric roof coating system. Substrate preparation shall Include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers guidelines, THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL 13E FURNISHED AT NO CHARGE TO THE CONTRACTOR, T.~- o ds1/-~ia~f!- voH F 'mss 3 7 PAGE P-2 OFBID#3915-REVISED I i - JAN.25 '08 (FRI) 17:44 CITY OF DENTON PURCHASING 940 349 7302 PAGE.4/7 BASE BID 7 - MARTIN LUTHER KING JR. RECREATION CENTER Area Work shall include peeling to top layer of existing insulation, verify and ensure fastening pattern to code, installing 23/32" wood fiberboard insulation, Install three plies fiberglass felts and ooak er elastomeric membrane with good coat and gravel. All Installation shall be as par NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guide5nes. $ AZ2 ALTERNATE BID 7A- MARTIN LUTHER KING JR. RECREATION CENTER Area A Work shall include tear off to deck, fully adhere three Inches (3") polyiaocyanurate insulation with polyurethane adhesive, fully adhere 25/32" wood fiberboard insulation with asphalt, install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications. details and manufacturer's guidelines. L- ALTERNATE BID 7B- MARTIN LUTHER KING JR. RECREATION CENTER Area B: Work shall include proper preparation of metal substrate to receive new elastomeric roof coaling system. Substrate preparation shall include, but not be limited to, all flashing details at horixontal and vertical seams, penetrations, curbs, and fasteners. All installation shell be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturers guidelines. t BASE BID 8 -SENIOR CENTER C Areas A. B. D and I: Work shall Include spudding of existing roof, mechanically fasten vented base sheet, fully adhere 1.8" polyisocyanurata/pedite composite Insulation, Install three plies fiberglass felts and coal-tar elastomerk: membrane with flood coat and gravel. Associated through-wail flashing and expansion joints shall be raised to accommodate new Insulation. All Installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturers guidelines. Area C: Work shall Include tear off to deck, mechanically fasten specified base sheet, fully adhere 25/32" wood fiberboard, install three plies fiberglass felts and ooal-tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers nis. ,A Ald BASE BID 8 - VISUAL ARTS CENTER Areas A, B, C, 0, and E: Work shall Include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be performed per these specifications. 65,16-73 goo UNrT PRICE PROP08AU 1, Remove and replace damaged metal decking: per square foot. O 2 Remove and replace damaged wood decking: $ per square foot 3. Additional coat over and above this contract amount for replacing wet fill material: eAM per square foot (nominal thickness of 3"). 4. Additional cost over and above the contract amount for replacing wet insubrtbn: _ per square foot (nominal thickness of 2"). e. Remove and replace dstedorated nallers: $ ' per board foot. & Install four Inch (4") roof drain: $ WO each. ~nCb 7. Intnsll four Inch (4") cast iron drain line complete wM all connections, elbows, etc.: $3a' per Ilnear foot. 8. Additional cost over and above the contract amount for weekend or overtime requested by the Owner cost per man per hour. PACE P-3 OF BID #3915 - REVISED JAN.25 '08 (FRI) 17:44 CITY OF DENTON PURCHASING 940 349 7302 PAGE. 5/7 P_raauapficat Contractor shall submit and/or answer the following: 1. Contractor shall submit documentation with their proposal to indicate their specific qualifications to perform the specified work, including, but not limited to, all public entities in the State of Texas where said company has worked. Contractor Inltlal 2. Within the last We years, has legal action, Including, but not limited to, deceptive trade practices suits, been taken against your company for failure to perform work property or for not completing a project? Yes- No-2L If yes, attach a separate sheet of explanation. 3. Within the last five years, has your organization or any officer/partner of your organization ever been an officer/partner of an organization Bud failed to complete a construction contract? Yes No KC . If so, attach a separate sheet of explanation. 4. Within the last five years, has your organization or any officer/partner of your organization filed for bankruptcy? Yes_ No If so, attach a separate sheet of explanation. 5. Attach an AIA Dpcument No. A305 with a separate sheet with all references including all public entities. Include contact name and telephone numbers for each and every reference. 6. Include a cunrW year and review statement EXAMINATION OF SITE: 3. By signing the Proposal Form, Contractor acknowledges he or an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work. The City of Denton reserves the right to award this work in its beat Interests, and to that end may award all proposals to one contractor, or separate the proposals and award to multiple contractors. Upon receipt of Notice of Acceptance of a proposal, within thirty (30) calendar days of the date of this proposal, I (or we) agree to execute the formal contract within tan (10) calendar days thereafter, and to deliver an Insurance Certificate, a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND and a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, as required. 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 of time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to Immediately sit dawn with the City of Denton Representatives and present a plan that will illustrate how progression of work Is to take place to ensure completion of all work within specified tfrtle limits. The time knits are as follows: If a Contractor Is awarded a project, project must be completed in a limey manner with production averaging 1500 square feet per day minimum from mart date or Contractor will be subject to liquidated damages as set forth below- A working day is defined as a calendar day, not including Saturdays. Sundays, or legal holidays, in which weather or other conditions not under the control of the company wM permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 A. M, and 6:00 P.M. For every Saturday on which the company chooses to work, one day will be charged against the working time when weather conditions will permit seven (7) hours of work as delineated above. A principal unit of work shall be that unit which controls the completion time of the agreement Nothing In this Rem shall be construed as prohibiting fie company from working on Saturdays V R so desires. If Sunday work Is permitted by the Owner, time will be charged on the same basis as weekdays. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF MAINTENANCE'S OFFICE. The undersigned agrees that the Owner may retain the sum of FIVE HUNDRED DOLLARS ($500.00) from the amount to be paid to the undersigned for each calendar day that the work contracted 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. PAGE P-4 OF BID #3915 - RMSED JAN. 25 '08 (FRI) 17:45 CITY OF DENTON PURCHASING 940 349 7302 PACE.6/7 1 or we re l and an experience record of completed ry acand current ts for examinationlby statement and Owner/Project Consultant, owned if sameist required. In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee lawful claims for labor performed and materials fumished in the fulfillment of the contract payment for all It Is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned ceffes that the bid prices contained In this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this eonbact Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of ttre United States, 15 USCA Section 1 et sea., and which arise under the antitrust lows of the State of Texas, Tax. Bus. & Com. Code, Section 15.01, at sea. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated_1d~ 25 ZCO9 Raeaivad 4•~ Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated ReceNed Addendum No. 5 dated Received 1y'_ CONTRACT 2~~a I IGGG Z l ~n L Street Address moss KC45 7X 7(,zin City and Slate Seal & AuCrorirabon (if a Corporation) Telephone PAGE P-5 OF BID 113915 -REVISED VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non- resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: ~.r ecfYl~rfl.~nnl f P r s CONVANY' ( T,r //new Street Address Crc,5s bads, )X 1 ,Z-Z-7 City and State THIS FORM MUST BE RETLJRNED WITH YOUR BID. PAGE P-6 OF BID #3915 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project $ 0 (J (resold to the Owner as defined in Tax Code) All other charges and costs $ 7Z Y99 Total The total must equal the total amount of the Contract. CONTRACTOR: ~g,e.'''N e.~ nloo~nc )eNiGGS COMPANY'S F Oc k Qe oyi Li-r- Street Address Cross gcmm s X 7~7-Z-Z City and State THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. PAGE P-7 OF BID 03915 VFRF )RMANCF BONI) Bond No. 4367093 SIATFOl TEXAS 4 COUNI'Y Ol' DFNTON p KNOT ALL MEN BY "1 I I[ SL-' pRl SI'.N'1 S: hat Weather,31,O rScTv ices rt1101e address is 2.136 Oak (irme Land rnss Roads leads 76227 hetwnaller called Priuctp,d, and SureTec.lnsuram Cornea- Z✓ ;a corporation organized -Intl existing under the laws of the Statc ol'_JeXa and Billy aulhocized to transact business in the. State of Tows. as Surer., arc Ilctd and iilndv bound unto the City al Dentrru, a municipal corporation at--unized and existing under the laws of the State of pews, hereinafter called Owner, in the putul sum of ONli HUNDRED 1 (2 tY POUR THOUSAND I HRLL 11 NDRP.) 1111R vY 11611'1 AND 0/100 DOI.1,:VZS S1a4 33ff plus ten percent rat the strafed punai sum ns an additional sum nfnwney representing additional court expenses, attorneys' tees. and liquidated damages arising out I)( tit connected with the below identified Contract, in lawful money of Ihe. United States. to be paid in Demon Count)', Texas, li)r the pavinenl of which sum well and twi to he mMde, we herche' hind ourselves. our heirs. executors, administrators. successor:,, and usiµns..loinll.v and scecrally. firmly 11 these prrscnls. This Bond shall aotomalically Ile increased by the tmotmt of am Chance Older or Supplemental Agreement. which increases the Contract pricc. hill in no event chaN a Chancre Order or Suliplementl Agrccmcat. ss~hlrh reduces the Contract pricc, decre:lse the penal sum uJ this Bond. Mild. (MUGA HON 1'0 PAY SAMG is conditioned as tolluws: l tmuas. the Pmwip;a entered into a certain Cunuact. identified ht Ordinance Number 2(1(18-038, with the (Ale of Demon, the Owner, edawd ]Ile 19" lac of l ebt uarv A .D. 200S tl a copy of which is hurU10 anachud and made a pun hctcol, tier 1Si d 3915 Root.Nl utk %,fithi rj_It_I~oc_ttiwrs✓ NOW. Ili[{RJ:F011F, ifthe Principal shall wall, im] v and laiihii0ly pcH~orm 0ml fulfill ;dl of the nndermkings, covenants, teens, conditions and agrccancnts oJ' said Cotnntct in accal'dance w-ilh the Plans. Specilic;ttions anal COntracl D0C-0Ir1)t3 during the onymal term Ihereol and :my es1e11sion thereof which may he granted b_v the. (Miler. with or without notice to theSurtp. crud daring the life of any guaranty or warranty required unde..r this Clontran. 011,1 .hall also Nvell and wady pcrlimn and h11511 all the undertakings. covenants, terms. conditions and aue::mcnls of any and all dUlV twthnrized modificatiems o1'smd Contract Ihai may horc;114-1 he male, nolic-c of which mr didicaiions to the Surety hemg hen-by waived; and, it the Principal Shall repair and/or replace all defects duc io I1011y mater talc Mud workmanship drU cytpear Within at period of two QT wars from the date of Ilnal amlplelion 0113 final Mcecpiance ill Iles W'nrk hN the ON'nu; and, if the Principal shall filly indemnifi and save harmless the Owner Irmll all con; and tlamm~`cs which ONVIM Inay s1111er to reason uftailor Io so perlorm herein and shall fi llr rcimburx and n;p:rv Owner all onlluy and expenx which the Owrwr may facto in nmking pwLl any dcl'atdt or dcli6CI)CY. then thin (,Nieation shall be void; olhenvise. it shall remain it) fill (urea: and cl (eel. PB-1 PROVIDp,D Pl)RTIdIiR, that if any Iegal action be filed upon this Bond, CschuslVe venue shall tic in Denton Counh'- Stow of7cos. AND PRQV1DF,D FUR'I'l l]iR, that the said Surey. Ior value received, hereby stipulates and agrees that no chang,c, emcnmon of time, alteration or addition to the terns of the Contract, or w the Work to be performed thereunder. or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise aflect its obligation on this Bond, and it does hereby waive notice of ally such change. calension of time, alteration or addition to the. terns of the C'.ontrlct. or to the Work if, he performed thereunder, or to the Plans, Specifications, Drawings, rte. -1 his Bond is given pm'suant to the provisions of Chapter '?-53 of the 'Texas Government Code, as amended. and ally gutter npp)icable statutes of the Stale Of Texas. The undersigned and designated agem is hereby designated by the Surety herein as the Resident Agent in Dcuwn County to whom mty requisite notices may be delivered and on whom .iQrVICe of process inuy be had in neuters arising out nl such >meryship, as provided by Article 7.19-1 of the InNmLinrc Code, Vernon's Annotated Civil Statutes of tile State of Texas. IN Wf1 NESS WIIIi.RA{)P, this instrument is cxccuted in four copies, eaolt one of which ,hall be deemed an of i;,ina), this the 19th day of February, ._2008 A I'fFS I - PRINCIPAL. / Weatherproofing Services SLCI 1 I',11~t TTT BY PRISSIDIN'f 1'1'1IN f; ~ SURF IY / SureTec I ranee Corn a y_ liY 13 Orvil Coborn I I ORNEY-)N-FACT the Resident Apcm "t I' the Surety in Denton nuny, Texas for delivery of notice and sen'icc of thu process is NAME: __SovereicLi Insurance Group___^_ S I'Rlil'.I i\DI)RI'.SS: 14860 Monfort Dr., Suite 150, Dallas, Texas 75254 (A OIL An" r,1 Y.rAn m<urrr Awd muv i,•,l,w• „/C owle .t. /1 Rr+r, d+!m Ar;ent it nor., i'rny)unrt1mr. L:fw " perurn's 11"ni, i PI3-'. 1~~ PAYMENT13ONU Bond No. 4367093 ti IA I I OF I'1:XAS ('01 IN I'l' UPDL;NTON KNOW AA_L 411 A IlY "ICI If SL 11RES N I S. That Woathnroruuline Si_e whose address is23 0 OA l.lrovr Line Cross hu tds.'P\ 76227 heft m flier called Principal, and SureTe _ irmur ace Co pdny_' + Cnrprnatiun organized and existing under the lases of Ihe. Stale of TPxaS--___._._----- , and lolly milhorized to transael business in the State of Texus, its Surety, are held and firmly bound unto the City of Denton, a municipal corporation or mizcd and existing tinder the laws of the State of Texas, hereinafter culled Owner, and unto Lill persons, limns, and anpordions who may furnish materials for,, or perlivm labor upon, the building or improvements hereinafter referred to, in the penal sum of ONI IIII ;DRL D hOR I1 1'()UR THOUSAND '111R1 f HUNDRED THIRTY FJG11T AND t) 100DO1 1. IRS (5144 i1 in I nvhl munev of the United States, to be paid in Denton, County, Icxas. for the pavufcnt of t+hich sum well and truly to be made, we hereby hind ourselves. our heirs, exeouluO,, adminisumors.. successors. and assigns, jointly and severally- Brady by these presents- Hiis liond shall auhunatICAIN be increased by the amount of anv Change Order or Supplemental Agrcemcm which inc=enses the Contract price, but in no event shall u C:hmlgc Order or Supplonlemil Agreement which reduces the Contract price dec•reasc the. penal stns of this Bond. I III: UH1,16A'I1ON'17) PAY SAIN•Ih: is conditioned us lollows: Whereas, the Principal e,ncrcd into a vermin C'onuMe1. identified by Ordinanuc Numbor 2008- 038, with the City of Demon. the Owner, dated the 19'1' dily of I ~hnasrv _ A.D 2003.~copy of which is herto attached and mode a part hucof, lot _ laid 3915 Roof Work n Mlihiplf Locations. ✓ NOW. I'III:a:Iil ORIf.. if the Principal sh:dl well, uuh emd i ailhtiilly perform its duties and make prompt parmenl In all persons, firms, suhcontracmrs. corporations and claimants supplviug labor andror material it) the prosceulion of the Work provided for in said Contract and :anv ;utd till duly' aulhorizad modifications of said Contmet Ihat may hereafter be made, notice of n-hich modilicafions It) the Some he'ro') hcrebv expressly wuivcd. then this obligation shall be t~oid: otherwise it shall remain in Bill liirce;md effect. PROVII)H) I I:R I'] IFIZ- Ihm it env legal aefion he filed on this Bond. exclusive venue shall lie in Denlnn Coannn. I vxas. AND PROVID[d) l'IIRI h1L9, flwi the said Surcly, lirr value received, hereby stipulates ant agrees Ihal nn change. exICnsion of line. alteration or ;additiun to the lerms of line C-onu;act- m to fhc Work Io be perfonncai Ihcreundcr. ur to ibc Plans. SI)Mfications. l.)rtwings, etc.- uccumpanving (lic s;unto, shall in :anywise affecl its obligation on this frond, :md it dues herehe waive nOliCC nl ZIM such chan=t, eaten' inn of lime, ;alteration ur aiddiliun it) the terms Ad 11w omacl, nr to the Akork mt he puliirmcd thcrcunder. or to the Plans. Spccil ii::nions, DI':1vv'1n L5. crc. I'll phis Bond is tiven pursuant to the provisions (if Chapter 2253, of the Texas (it) vernmem (.'.ode, as amended, and any other applicable statutes of the State of'iexas. The undersigned and designated agent is hcrcbq designated by lire Surep• herein as the Resident Agcnl in I)emon County to whom anV requisite notices may be delivered and on whom service of process ma}' he had in,tnallers arising out of such surety, as provided by Article 719-1 of the Insurance Code. Vcrnun's Amn+unud Civil Statutes of the State of Texass. IN W l I NESS NV I II'ItL'OF. this instrument is axecuted in four i•.upicN each one of %thich shall he decnud an oril m d, this the 19th day of Eehruary__ • _2008_- A'ITFST: I'RIN(:IPAL Weatherproofing Services - / :,TT~'- -"i'RT BY: PUSIDENT AT'l I S'l : SURG'1 Y _SureI nce Com any._-16 z B1'. Orvil Coborn A'I_MRWY-IN-PACT- The Resident Al" :m ofihc SumN it) Denton Comity,I'cxas Im delivery of notice and setsicc of . the. process is: - NAME: Sovereign Insurance Grovp S 1 Rltli l ADDR I SS: 14860 Monfort Dr., Suite 150, Dallas, Texas 75254 INOTI., Uulc of PaPnnmt Brual mr,st by dare of Omirmi, lj Resident Agent is ;If,[ 'I corpuruli~>rt, ;'rte a persun'.r re;nnc<.i I'13 -=1 V'V e~ POA n: 43 67093 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANYtt6e "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Orvil Cobornv__~ of Dallas , Texas its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Weatherproofing Services, LLC,,/ Obligee: City of Dca m, / Amount: S144,338.00 d and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be hinding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. / ««~°°urw SURETEC INS TC COMPANY ,✓y~PANC~ X 9 By: t ~j to 5 .Z; B.J. King r sident State of Texas ss: 1 'Y County of Harris ...-~,d On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny S Notary Publle Stale of Texas Li [ yIZiA U, 43L ~l ~l1 /y MyCommisston Fires Michelle Denny, Notary P tic AuguS127, 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a iru 'and correct copy ^ of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the of of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 29th day of _ February 120 08 , A.D. M. Brent Be ty, Assistant Secretary Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ria.vrtu ti 1 IrII.H 1 G Ur LIHCSILI 1 T 1140UKHIVI+t 02/29/2008 PROOUO'R 1 972)490-8800 FAX (972)490-2255 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sovereign Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Prestonwood Pond II HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 14860 Montfort Dr., Suite 150 Dallas, TX 75254 INSURERS AFFORDING COVERAGE NAIC# INSURED Weatherproofing Services LLC INSURER A. First Mercury Insurance 2336 Oak Grove Lane / ~~p~ INSURERS: American States Insurance Co. Crossroads, TX 76227 -n INSURERC: Great American E&S Ins. Co. L~C NSURERD Texas Mutual Insurance Company INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSU E POLICY NUMBER P UCCY EFFECTIVE POLICY EXPIRATION LIMITS Jim DATE (MMIDDNY) DATE Mi GENERAL LIABILIry FMTX003585 11/30/2007 07/07/2008 EACH OCCURRENCE $ 1,000,000 v X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ Excluded A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 " GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY X JE PRO LOG CT AUTOMOBILE LIABILli 01-CG-857534-3 07/20/2007 07/20/2008 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS✓ (Per person) $ B X HIRED AUTOS ✓ BODILY INJURY $ X NON-OWNED AUTO (Per r accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY UM 5612198 07/07/2007 07/07/2008 EACH OCCURRENCE $ 2,000,000''° OCCUR CLAIMS MADE AGGREGATE $ 2, 000,000* C $ DEDUCTIBLE $ X RETENTION $ 10,000 1~' S ' 1 ST- I WORKERS COMPENSATION Ai TSF000115589 04/07/2007 04/07/2008 W EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1, OOO, OOO D ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' E. L. DISEASE-EA EMPLOYEE $ 1, 000,0001 If yes describe under EASE -POLICY LIMIT $ 1,000,000- SPECIAL PROVISIONS below E.L. DIS OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is Additional Insured where required by written contract on the General Liability and Auto liability policies policy follows form. Certificate holder is granted a Waiver of, u where required by wrtten contract on the General Liability, Auto Liability and Workers Compensation policiesfoverage is primary..✓Policies are endorsed with 30 Day notice of cancellation in favor of certificate holder except in the event of non-payment of premium. g/ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Denton, its Offici a lb Agents, 30-15AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Employees and volunteers ✓ BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 215 E. McKinney St. OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Denton, TX 76201 AUTHORIZED REPRESENTATIVE Michael Sterlacci/GMITCH ACORD 25 (2001/08) CACORD CORPORATION 1988 f IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2001/08) CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of February A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Roof Management Services Inc 2817 National Drive Garland TX 75041 of the City of Garland, County of Dallas and State of Texas hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3915 Roof Work at Multiple Locations-Item 8 Senior Center in the amount of $14- 770 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 famish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Armko Industries Inc. and City Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-I Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be bome by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be home by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-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 qq OWN 11 e Q A~ a~ BY: R, F If (SEAL) ATTEST: ~ ~~J fi~1(e G a_~ CONT CTOR Roof Management Services, Inc. 2817 National Dr. Garland, TX 75041 MAILING ADDRESS 972-278-7277 PHONE NUMBER 972-278-7279 FAX NUMBER BY: President TITLE Brad Wagnon APPROVED AS TO FORM: PRINTED NAME 1~~ (SEAL) XTY ATTORNEY CA-4 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 note& • 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. • 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: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • 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 read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITI) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". • 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. • 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. • 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. CI-10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • 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. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. CI_ 11 JXJ 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. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] 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. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ J 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. Cl - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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. CI - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: CI-14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; . and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Cl - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carver or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. Roof Management Services, Inc. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. NONE 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. NONE a„e~aae ovtsrtaas CIQ - I CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom Tiler has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? lij Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes F7 No D. Describe each affiliation or business relationship. 8 Describe any other affiliation or business relationship that might cause a conflict of interest. NONE Signature of person doing business with the governmental entity Date ~~ndWovi0n006 CIQ - 2 _ I~OGT Y~c,1~p~MQ~1 s~("J T ORIGINAL PROPOSAL BID No. 3915 TO THE CITY OF DENTON, TEXAS FOR ROOF WORK AT MULTIPLE FACILITIES IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PAGE P-1 OF BID #3915 JAN. 25 '08 (FRI) 16:38 CITY OF DENTON PURCHASING 940 349 '/3U2 BID PROPOSAL-REVISED 1-25-208 CONTRACT DOCUMENTS: Having examined the Proposal, Contract, General Instructions. Materials, Execution, and Drawings for Project No. 3915 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, Iools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said reroofing for the following: 13ASE BID 1- CHILL TOWER Work shall include tear off to deck, mechanically fasten specified base shoot, fully adhere three inches (31 poyisocyanurate insulation, fully adhere 25/32" wood fiberboard insulation, Install three plies fiberglass felts and coahtar elestomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSUSP-RII,, specifications, deta'il's and manufacturees guidelines. SiItT1:EPI OSUSAM07Wo lifgnlQXE(> AMb ooh00 lo011495 s 1(0 2w.°O *SEE AITEM 114^,E MIC, BASE BID 2 - CITY HALL MAIN AREA B Work shall include proper preparation of substrate to receive new elastomerlc roof coating system. Substrate preparation shall Include, but not be limited to, all seams In the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. AN work shall be performed per these specifications. No BID BASE BID 3 - CIVIC CENTER AREA B Work shall include proper preparation of substrate to receive new slastomerk: roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and veAcEd seams, penetrations, curbs, and fasteners. AN work shall be performed per these specifications. No BLS I BASE BID 4 - FIRE STATION #3 AREAS A and B Work shall include tear off to deck, mechanically fasten three inches (37 poyisocyanurate Insulation, fully adhere 26132" wood fiberboard insulation, install three plies fiberglass lefts and coal-tar elastomeric membrane with flood coat and gravel. Additional work shall include provide and Install three new drains, replace existing plastic draln bowls with 4" cast Iron bowls, fir out rise wall with lumber and vertical metal panels, and provide and install new conductor heads and downspouts. All installation shall be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturers guidelines. Area 13: Additional work shag include providing and installing furring out of wall from Area B to Area A with % exterior grade plywood and Installing metal panel system on low profile hat channel with -M" panel design. . 61'ZTY 5hCT4aotArJo N,N1t 9U1JDee1.4i1a 6L1J R-9 ,w~/cc, DouA" S 440575, 00 BASE BID 5 - FIRE STATION #5 Work shall include proper preparation of metal substrate to receive new elastomerle roof coating system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs.-and fasteners. All Installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY- COATING MATERIALS VALL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR No BIB s BASE BID 6 - FIRE STATION d6 Work shall Include proper preparaton of metal substrate to receive new elastomeric roof coating system. Substrate preparation shag include, but not be limited to, all flashing details at horb=tal and verwal seams, Penetrations, curbs, and fasteners. Ali installation shad be as par NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers guidefines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. ~ D 131 u s PAGE P-2 OF BID #3915 - REVISED -k-ALreX*JATE. 5;b FOO- CHILLIovim ; 00K 1 sE I31D Fat THt CHILL TW&e, US 4IZ,G87,cn jr- A%A/A►tnep irl CoMi)lrlAr 04 WJ T-H /uSOT}IER rAGLiTrI., I . JAN-25 'Oe (FRI) 16:39 CITY OF DENTON PURCHASING 940 349 7302 rnuc.. ei-~ BASE BID 7 - MARTIN LUTHER KING JR. RECREATION CENTER Area A Work shall include peeling to top layer of existing insulation, verify and ensure fastening pattern to code, installing 23132" wood fiberboard insulation, instal three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. No BID $ ALTERNATE BID 7A - MARTIN LUTHER KING; JR. RECREATION CENTER Area A Work shall include tear off to deck, fully adhere three inches (3') pol isocyanurate Insulation wlih polyurethane adhesive, fully adhere 25/32" wood fiberboard insulation with asphalt, Install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturers guidelines. NO SID $ ALTERNATE BID 7B - MARTIN LUTHER KING JR. RECREATION CENTER Area 8: Work shall include proper preparation of metal substrate to receive new elestomeric roof coating system- Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. rJo BiD $ BASE BID 8 - SENIOR CENTER Areas A. B. D. and I Work shall include spudding of existing roof, mechanically fasten vented base sheet, fully adhere f T polylsoeyanurate/perlite composite Insulation, Install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel Associated through-wall flashing. and expansion joints shall be raised to accommodate new insulation. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications. details and manufacturers guide) nes. A, rea C: Work shall include tear off to deck, mechanically fasten specified base sheet, fully adhere 25132" wood fiberboard, install three plies fiberglass felts and WaWar elastomeric membrane with flood coat and gravel. All ,,II1nstallation shall be as per NRCA, SMACNrnIA, ANSI/SPRI, specifications, details and manufacturer's guidelines. Ate /tUAIerED 0-7Y1111TjfOrygrl0 SeVGpI yNAfDiteD VE,JT/, A,i4 oo A60 I4Ia7o. BASE BID 9 - VISUAL ARTS CENTER Areas A. B, C. D, and E: Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shag include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, Curbs, and fastener;. AD work shall be performed per these specifications. ~uGHrYT-yJoTHoctSwf,jn7 SEYEnj F9.rrJDR7E0 ,4rJD no~10o Do IIRez.5 ~BZJ'70f7. °O UNrr PRICE PROPOSAL- I. Remove and replace damewd metal decking: i_ per square foot. t Remove and replace damaged wood decking: S (O par aquarefoot 3. Additional cost ever and above the contract amount for nepledhng wet f91 material: S 2.20 per square foot (nominal thickness of 3). 4. Additional coat over and above the contract amount for raphrchlg wet iaulation: 5 I • q 5 par squarefont - (nornlmd tNcimese of n 5. Remove and regew detwlcn tad rreilere; t 3, 35 par board foot. 8. Install four truth (4") roof drain: 511,~a';ach. 7. Install four inch (4') cast iron drain line a mpteta with all connecthms, sUwwa, etc ; i 2 50 per)►rneartf~oot 8. Additlonal cwt over and above the Contract amount for weekend or overtime requested by the Owner. 9 -T2 coat per man per hour. PAGE P-3 OF BID #3915 - REVISED 1AN.25 '08 (FRI) 16:39 CITY OF DENTON PURCHASING 940 349 7302 PAGE.5/7 Preouallfcations: Contractor shall submit and/or answer the following: 1. Contractor shall submit documentation with their proposal to indicate their specific quafificstions to perform the specified work, including, but tied to, all public entities in the State of Texas where said company has worked. Contractor Initial 2. Within Me last five years, has legal action, Including, but not limited to, deceptive trade practices suits, been take s rust your company for failure to perform work property or for not completing a project? Yes No If yes, attach a separate sheet of explanation. 3- Within the last fhre years, has your organisation or any officer/partner of your organization ever L~eeaerl~ an officer/partner of an organization that failed to complete a construction contract? Yes Not/. if so, attach a separate sheet of explanation. 4. Within the last fi e is, has your organization or any offlcer/partner of your organisation filed for bankruptcy? Yes No if so. attach a separate sheet of explanation. S. Attach an AIA Document No. A305 with a separate sheet with all references Including all public entities- Include contact name and telephone numbers for each and every reference. 6. Include a current year end review statement. EXAMINATION OF SITE: 3. By signing the Proposal Form, Contractor acknowledges he or an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work- The City of Denton reserves the right to award this work in its beat interests, and to that end may award all proposals to one contractor, or separate the proposals and award to multiple contractors. Upon receipt of Notice of Acceptance of a proposal, within thirty (30) calendar days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) calendar days thereafter, and to deliver an Insurance Certificate, a ONE HUNDRED PERCENT (1000A) STATUTORY PAYMENT BOND and a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the Contract price for the faithful performance of the contract, as required. 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 of time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will Illustrate how progression of work is to take place to ensue completion of all work within specified time omits. The time limb are as follows: If a Contractor is awarded a project, project must be competed in a timely manner with production averaging 15W square feet per day minimum from start date or Contractor will be subject to liquidated damages as set forth below. A working day is defined as a calendar day, not including Saturdays, Sundays, or legal holidays, in which weather or other conditions not under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less than seven (7) tours between 7:00 AM. and 6:00 P.M. For every Saturday on which the company chooses to work, one day win be charged against the working time when weather conditions will permit seven (7) hours of work as delineated above. A principal unit of work Shan be that unit which controls the completion time of the agreement Nothing in this item shall be construed as prohibiting the company from working on Saturdays if it so desires. If Sunday work Is Permitted by the Owner, dm will be charged on the same basis as weekdays. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF MAINTENANCE'S OFFICE. The undersigned agrees. that the Owner may retain the sum of FIVE HUNDRED DOLLARS (3500.00) from the amount to be paid to the undersigned for each calendar day that the work contracted 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 tenure of the undersigned to complete the work at the stipulated time, and is not t0 be construed in any sense as a penalty. PAGE P-4 OP BrD 113915-REVISED - JAN. 25 '08 (FRI) 16:40 CITY OF DENTON PURCHASING 940 349 '13UZ 1(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 OwnedProject Consultant if same is required- In the event of the award of a contract to the undersigned, the undersigned wall furnish a performance bond and a payment bond for the full amount of the contract to secure proper compliance with the terms and provisions of the Contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished In the fulfillment of the contmoL It is understood that the work proposed to be done shall be accepted, when fully completed and finished In accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certMles that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and an claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus- B Com. Code, Section 15.01, at Receipt is hereby acknowledged of the following addenda to the plaits arid specificaborm Addendum No. 1 dated ~ -ZS -2co$ Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received Root- I'IRNAGI ME Jfc s lw,, CO R BY NTRAt 4C BKAD WAGtj onI ESi1> t4 2817 A•~'olJa~ D2 Street Address GARLAd I X -T564 City and State sea] & Authorization Of a Corporation) e112' 278 -72'17 Telephone PAGE P-5 OF BID #3915 - REVISED VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non- resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: RooF MAr-JAGfMEl(ZJS, )Ak.. COMP BY MCP V12An WA&4od - P"sioE Lr- 281~ ~Ft'r -WAL T . Street Address SA V,L,rv,J0, _M 4^5 City and State THIS FORM MUST BE RETURNED WITH YOUR BED. PAGE P-6 OF BID #3915 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project $ I 15, 9$ 3. 00 (resold to the Owner as defined in Tax Code) All other charges and costs $ (o(o'j , o a Total 3o7,6~f5. Da The total must equal the total amount of the Contract. CONTRACTOR: ROOF MAomweMr-r3T ~rwz~lcES~)+Ic COMP BY `G/YG ]3f?AI'3 WA 64od - -Ttt.E5lTEnkT- 2817 A&T;;n.JAL Dk . Street Address City and State THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT PAGE P-7 OF BID #3915 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ); the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, 'fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the. City of Denton. PAGE SQ-1 OF BID #3915 In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE. Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO~_ If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. OUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice .of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO_V/ If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission; the following information with respect to each such conviction: i~ Date of offense or occurrence;' location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed QUESTION THREE Has the bidder,, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such fcm, corporation; partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal o ff e n s e wliich resulted in se ' bodily injury or death? t~ YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. PAGE SQ-2 OF BID #3915 4 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. ` w vV ~ ti~~~ Signature 82AD 1,t~AC,nlDel' IUEnI')- Title PAGE SQ-3 OF BID #3915 PER-FO", Q-E% BOND' STATE OF'TEXA& Bond No. 4366190 COUNTY`OF DENTON § S_ That.Rnnf Manage ent Services, Inc. vl~ KNOWALL'"MEN - -BY'THESEPRESENT whose address 'is 2817 National Drive Garland, TX' 75041 hereinafter called principal, ands SureTec Insurance Company."- , A. corpora' i organized' and 'existing under he. laws of the State of Texas and' filly authorized to transact business in the State! of Texas;.as Surety, are held and frmly bound untoithe;City of Denton,. a municipal corporation; or'ganized,aad existing under the laws of the'State of, Texas, hereina$er called Owner; in this; penal sum of ONE,HUNDRED FORTY ONE' ; THOUSAND 'SEVEN HUNDRED SEVENTY AND 0!100 DOLLARS (141 7.70 plus ten percent;of the stated penal sum.as an additional sum- of moneyrepreseniing additional court expenses,'atto meys' fees, and, liquidated-Aamages arising out of or connected with the,below'identified4Conttact, in lawful money of the, United States, to be paid in-Denton County; Texas, for the paymenttof which sum well and truly~to be made, we hereby' bind' outselves; our heirs; executors, ,administrators, successors, and assigns, jointly. and. severally, firrnly by these presents. This Bond shall automatically be increa"sed by the,amoutit of any Change; Ord'er• oG'Supplemental Agreement, which, increases the Contract ,piice, b'ut in no event shall a Change Order or Supplemental Agreement; which reduces the {Contract price,. decrease the,.penalsum•ofthis Bond; Denton, the Owner TION'TO PAY SAME isYconditioned as 'follows: Wherea"s, the Principal THE'OBL•IGn Contract; identified by Ordinance Number 2008=038,,witli the City of aced the I9s dayof FebruarvfA,D, 2008 ✓ a copy of which.is hereto attached and made,,apart hereof, foi, Bid 3915 Roof Work at Multiple Locations NOW, THEREFORE, if£the Principal shall; well, truly:and faithfully perform and, fulfill all of-the tindertakings, covenants terms conditions andagreements of said Contract in 'accordance with the! Plans, 'Specifi&dti6ns,,cand Contract Documents during the, original ' term thereof and:anY extension'thereof,which°may be ganted by the Owner with:or without notice to the Surety; and dnring,the life of an y guaranty or warranre uired under this Contract;apd shall „ also well and trillY Perform and fulfill all'the ;undertakings covenants,.. terms conditions and agreements of'any, and dIFduly authorized modificabons'of said Contract that may hereafter be cationsto the Sure bein hereby waived= maderepair noticeand/of or) which lace modal1ifi4efects`due°to faultymaaterials and workmans and if the Principal shat hip that.appear within a,penod of two2,ears from the date of final com letiowariMinal acceptance of the.Work:by the:Owner;nand, if the,Pi mcipal shall `folly iridemhf6,?and save;harmless;the Ownerfroriall?costs and, damages :which Ownerniaysuffer'bv reason of'failure>ta so perf5hii?herein and shall fully reimburse and repay Owner` all otrtlay' and expense which the Owner may incur in making good any default or deficiency, then thus; obligation shall be void; otherwise, it shall "remain in full force and effect. PB-1 PROV'IDED'F.URTHER; that if anii legal(actionebertfileddupon-this.Bond, exclusive. venue= shall heiin Denton County„state.of Tei as:r AND PROVIDED FURTHER,"tliafithe saidaSurety,afoava!ue received; `hereby stipulates and agrees; that no>cliange, eztension,of,tiine, alteration or addition to `the terms of`the Contract; or 1o the Work ,to be .perfonneil thereunder orAo the Plans;, Specifications, 'Drawings, etc.; accompanying the same shall 'in, anywise affect its;obhgahon'on this+'Bohd, and it does hereby -waive notice oftiany,_such chanie,ti xtension ofAti ue ,alteratiop oi, addition to the terms, of3fie Contract,: or to ;the; Workrfo,`be.performed'therennd`_'; or,tci thefPlans Specifcations,iDrawings, etc: } Th?s.Bond'isigiven pursuant?to the provisions of Chapter 2253 of the Texas-Government Code, as.amended;,and:lny other applicable statiites-ofthe;State:of.:Texas.. Theiundeisigned andzdesignate&agent is he eby'designated;bythe Surety,'liereia as the Resident Agent in -Denton County toewhorniany requisite,noticesYmay be, delivered andon;,whom service ofjprocess,maybe had inhrmatter'szarising.. uttof such suretyslup,Yas provided by Article 2:119 1 o06,111nsurance Code ,Vernon s Annotated CvilStatutes,of the State ofTexas: IM WITNESS 'WHEREOF, this instrumenfois. executed in four'copies,.each one of which shall be!deeiried~an,original,=thisthe 19th day of February 2008 ATTEST; PRINGIEAL 7 °Roof Mana ment Services, -nc. BY SECRETARY BY C p SIDENT ATTEST: SURETY SureTec nsurance ompany Jennifer J. Crane, Witness BYE A ,ORNEY ACT i~ Steven W. wis TheiResidentbAgent.of ilie Sti etyin+De6tonsCounty Texas,forr;deliveW. of;notice and service-6f ;the processtis NAME; PCL Contract Bonding Agency STREET'ADDRESS; 3010 LBJ•F.rvy.., Suite 920, Dallas, Texas 75234 (NOTE Daie ofiPecjormance Ilonrl;must be'ddte of Eontrpct lfReslent Ageriiis nat a cor"por6tion; give apersokIrname.) -a2- U SP TAYMENT4BOND": Bond No. 4366190 STATE'OF TEXAS QQUNYY'OF DENT KNOW ALL MEN'BY THESE PRESENTS= That. Roof ManagementService& Inc✓ whose addres's is X281.7 National Drives barland-TX=75041 ;hereinafter called :Principal, and SureTec Insurance Company, a corporationl6rganized and existing under the laws of the State of Texas and :fullyauthorizedto!transactbusiness in.the State of- Texas, ,as, Surety; are`ateld and firmly bound unto 'the City of Denton, a municipal corporation organized' and existing under the, laws,of;the State<of Texas;; hereinafter, called Owner, and, unto all :persons, firms, and corporations,whoxmay furriish materials for,,or perform _labor,upon, the building or.improveirient"s hereinafter referred to, in'the,penal sum of _ONEIHUNDRED~FORTY ONE 'THOUSAND SEVEN HUNDRED SEVENTY AND' 01100DOLLARS-($141,770)in lawful money of .the. United States to be)paid' 'in `Denton; County; Texas, for the p. "merit bf ay which, sum well and truly to. `be- made ' we.,hereby bind yourselves„ our heirs, executors, administrators, .successors , and: assigns; jointly and'severally,- firmly by these.presenis., This Bond .shall automatically be increased by, the amount of -any,'Change Order, or:Supplemenfal .Agreement 'which increases the Contract, price;; `but in no event shall' a Change .Order or Supplemental Agreement'Ai6b reduces the;Contract price decrease thepenal sum,of this Bond. enferedTHE, O cBLIG CTION, TO`PAY`SAME is~conditioned as follows:. Whereas, the Principal identtfied36y Ordinance Number2Q08-. 038, with the City of Denton, theiOwnet dated the;19.'h day of February A.D. 2008;✓a copy, of which is :hereto attached and made apart hereof,.foi Bid,3915 RoofiWork at34 iiltiple'I ations./ NOW; THEREFORE, if the .Principal shall; well, truly ?and' faithfully perform its; duties and makeprompt payment-to, all persons;, firms;; subcontractors, _corporations and claimants supplying labor and/or material iwthe,prosecutron of the Work provided -for-in said Contract and any and all duly authorized,ihodifications A said Contract that-may hereafter be made, notice of which modifcationsto the Surety being hereby expressly waived,.then this,obligation,shall.be void; otherwise;it shall remain iii.'full force,aud effect. PROVIDED FURTHER, that if any-1c gal action be,filedron this Bondi exclusive venue. shall lie in Denton :County, Texas. AND PROVIDED FURTHER that lle said Surety, for-value received„hereby sti pulates arid.=agrees'that no change, extension_oflime , alierahon~or addition ioah'e terms;ofthe Contract; or to the Woik to be performed ,thereunder, or to'the Plans, Specificafons, 1)iawings; (etc:, accompanying the same, shall4n anywise affect its Qbltgatiorimn this Bond,.and it;does hereby waive notice- of any, such change, eztcnsion, of time,; alteration or addition-to 'the- terms of the' Contract, or to the Work to` be perfonnedA6ereunder . onto the: Plans, Specifications, Drawings, etc: PB=3 Tfus Bond tsigiven pursi ant~t 1 th`el rovtsi`oonns ofrChapter, 2253,fof the~Teza_srGyvernment' Code4491ainended;,andEtiny~otli dapplicablecstatut of+theTS ate of Texas The-, np gsigned and designated agent ts'3}ieieby~designatedEbyr'the Surety.?hereinas=the e :tnc t. Restdent~AgentamjDetttatCounty to whotnan_ yregtnsttelnottces+ma be "dehvered andEOnlw}iom' seivyce yp ocess inay be had intmatters ansmg out 'f+suchAs; y s4provided,by_Amcle;7!19=1 ofithe Insur"a`nce Gode':SUernon s?Armotated Ctutl St~ahite ofth Staterof Texs: IN'WITNESS `ti,HEREOFilvs'\\\strvment is executed infourtcoptes;ea"ch one:ofiwhich . sli'all$be'deemed'antoiicmalthis'lthei9thday~of~etiruarv' 2008,± ATTESTj, 't---PRINCIPAL oL''Roof mana ement- Services; Inc. BY , p ; , P •BSIDENT' A>TTEST^` AASURETY' - °`SureTec=;InsuranceICompanv ;y- Jennifer J.<'Crane, -Witne`SS . za B21; a : ? tATTORNEY' FACT Steven-W. Lewis The RestdentlAgent of"the>Surey,iiiE!enton~County:Texs focadelivety: of notice atid¢sergtceof :the rocesssis:' x N`t1ME: "PCL C,onEracbiFBondingL,Ageyyy; STREETADDRESS'. 30b0 LBJFr`wySui~te920 Da+l=las,. Texas, 75234 €i yj (NOTE.Date of Payment' aBondlkmust be} date~lof Contract If Restdent, Agent ;is' 1noq a co~poration;igrvera"-per'son's 'n"`a`me)A ~ i_ t . r 3 ~ a u FF No 3 . SP SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 1 POA a: 4221029 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY the "Company'), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint ' Clem F. Lesch, Pauline L. Lesch, Steven W. Lewis Allen Sparks, Jennifer J. Crane of Dallas, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty oes not exceed Five Million and no/100 Dollars ($5,000,000.00) ` and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and co " ing all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: - Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ueaN~ RETEC INS CE COMPANY ~PSr^ Fp i m~, X 9 O~ By. w (w nl Bill King, re nt State of Texas as: 7s\,~•t~t County of Harris On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly swam, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. M C1810 Denny t Nol = 1tyt ~/~~j • 81ata d Texat my Conurltrslon F'VM Michelle Denny, Notary Pub is August 27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 19th day of February 0 08 , A.D. M. Brent Beaty, Assistant Se re ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. i G~ ACORD CERTIFICATE OF LIABILITY INSURANCE oMAl D•'EI•M107/. mx, DDUCER ROOPA 03 07IF 08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Independent Insurance Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3010 LB.7 Freeway Ste. 920 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TZ 75234-7004 Phone: 972-231-8277 INSURERS AFFORDING COVERAGE wqw NAIC # NSUREHA Praetorian Ins. Co. Roof Management Services, Inc. Brad Waggon A, YI SGREN C. Texaa mutual • Insurance Co. 2817 National Dr. Garland T8 75041 S sGRER. REq E COVERAGES - iNE PoLICIES OG WSp0.WCE LISIEp BELOwxxvE BEEN RELEC lD THE IHELEID EAN EC ABOVE FOP ILT Poucv,FRpp xDICxTED ,glw111AVBxO REOLIREUENT, TERM ON WxOrtpx OF ANY CIXrtRA41 ON DIIIN NW LEST-1 RESFECT TD-ICIH "LE.TIFIwTE Nxv BE ISSUE..N uxv FENTMN, THE w3.MUCE AFFORDED BY TIE LOSLIBS.ESCRIBEDHEASS IS 3UB1ECT l.ALLTNETERMS, ElCLy5px5 µ0 [CwOli OF6UCx PoLIChS.xCfFEGALE IiWIS SIGNN LMV NAVEBEEx gEW(FL BV Gxlp 4uu5 IONS ANT DDT. LTH NAND ME OF INSURANCE FOLwv EFFE3TVE VOIL"ElFMTb" RELIEF EN.IR GRIP IMINP'YVI TF NNEAD"I NITS GENENL LIABILITY / RRENCE i 11000,000 A 8 fAMhRCW CERwu uAanm P8IT800016201 05/01/07 05/01/08 AND TORE"TED RRE=IIEF.ew...1 3 50,000 MMB LUCE .CWR LILp EU,.MrM. F.m1 3 5,000 FEFE. S ADnNURV i 1,000,000 SENT AGGREGATE LUR AATTESa cENERU AOCREwTE 32,000,000/ _ SEC. w.was. wMPUPACC s 2,000,000 L« Y T AUTOMOBILE LABILITY ✓ B I YALTO DSSB4213771✓ wSaNEDSINGLE LIMIT 31,000,026 05/01/07 OS/Ol/OB ' ALL CANAL NELDA QIF➢ULED wTOS BCOILY INNRY tr SUED) $ Z HIRED Al. Z N4VUFn.01o5 BOOxY INxn M-.I 3 PROPERTY ,F. s l .AEARAL Y TO uR.CNLY-IS AaOENT i ES A. 3 .TLIC THEN . DN V. SO. I x.F38vANVEF IUne1uTV ❑ E."E000RREI,CE 32,000,000 A Z OCCUR CABLE HEAM PSOTZ0001010 05/01/07 05/01/08 ccRECATE i 2,000,000 DEDUCTIBLE 8 RETENTiaN s 10,000 NESTREIRS OCOMPENSATION AND YS.', MVLOVEPS'LIABILITY LIABILITY Z T VFVSC C Y EFOMIETORLEARTNER.Ex[CIRSE 000862242 05/01/071 05/01/08 RAEN,CCIDEST ~FICEwMEMBER ELCIUDEDi i 500,000 S EL. m3EASE-EA ELw.reE i 500,000 6F, CW NIWISItM'S Utw OIxER ELDaEASE-wLIwuMIT 3 500, OO0: D Builders :Risk BINDER 06/06/07 09/06/07 Limit One Shot Policy 221,000 DESCRIPTION GE OPERATIONS I LOCATIONS I VEHCLEBIEACLUFpxf ADDED BY ENOORTEME,IT I wECIAL PgOVIS.xa Daductibl . 1,000 Re: Bid No. 3915-Roof Work at Multiple Locations, Item-8-Senior Center City of Den n, its Officials, Agents, Employees and volunteers are named as additional inssure~ds in regards to General a Automobile Liability."' iability Nniva of 9ubr~yyytio ~apPlies in favor City of Denton, its Officials, Agents, Rmployees and volunteers in regards to Workers Compensmtion.,ANNN~ CERTIFICATE HOLDER CANCELLATION CITMEN SHOALS ANY OF THE ABOVE DBxHISCO POKES BE CANCELLED BEFORE THE EYDIRATCN DATE THEREOF. TIE MARINE IHINHER HILL ENDEAVOR TO MAIL 30 ✓v3 NIBTTEx City of Denton 1--R`- NOTICE T. THE Co I N0.DEN NAMED TO THE LEFT, BUTFAILDRE T. DOwa4LL . Attn: Tom Shaw OCENOOmCATI.NOR LMEALFY.F ANY NEED LEE. THE INwgER,RSAGENTB OR 901B Texas St. REPRESENTATIVES. Denton, TZ 76209 ACORD 25 (2001108( ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) NOTEPAD: rrg,.©~ '`cr~~a ~ . lworee~i r ~ s S 4NSURED S NAME. ROOE Ksaag" a Sss93caa, xac. QPx7© DATE>D4I4T,148.: Umbrella is follow form. As required by written contract. Please see attached endorsements. ADDITIONAL INSURED ENDORSEMENT ✓ THIS ENDORSEMENT, EFFECTIVE ON %g&l= AT 12;01 A.M. STANDARD TIME, FORMS A PART OF POLICY NUMBER PS1TX00p1620 OF THE PRAETOR/IAN SPECIALTY INSURANCE. COMPANY ISSUED TO ROOF MANAGEMENT SERVICES' ✓ 1T IS UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED AS AN ADDITIONAL INSURED HEREUNDER BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND THAT THE INCLUSION OF SUCH ADDITIONAL INSURED SHALL NOT SERVE TO INCREASE 1 HE COMPANY'S LIMIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF 1 141S POLICY. THIS ENDORSEMENT' APPLIES 1'O ADDITIONAL INSUREDS ADDED, AS REQUIRED BY WRITT EN CON I RAC 1'. PRIOR 10 THE OCCURRLNCE OF ANY LOSSES. BLANKET AS REQUIRED By WRITTEN CONTRACTelll~ $100.00 FULLY EARNED FLAT CHARGE ADDLINS POLICY NUMBER: PSITX0001620 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O anlzMlon e : Location And Description Of Completed Operations BLANKET AS REQUIRED BY WRITTEN CONTRACT ALL JOBS IN CONNECTION WITH ROOF MANAGEMENT SERVICES Infarmatlon re wired to corn ele this Schedule N not shown above will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organizatIon(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by 'your wo*' at the location designated and described in the sched- uts of this endorsement performed for that addRlonaI Insured and included in the "produciscompteted operations hazard". .CG 20 37 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 ❑ ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEA E RED IT CAREFULLY GENERAL CHANGE ENDORSEMENT "PRIMARY AND NON-CONTRIBUTORY" ENDORS _ MENT Insured Name: ROOF MANAGEMENT SERVICES Policy No.: PSITX0001620 Endorsement Effective Date: 05/012007 IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY HIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHALL BE 'RIMARY INSURANCE AS RESPECTS ANY CLAIM, LOSS OR LIABILITY JUSING DIRECTLY FROM THE NAMED INSURED'S OPEARTIONS AN[ ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SI ALL BE EXCESS AND NON-CONTRIBUTORY WITH THE INSURANCE 120VIDED HEREUNDER. THIS ENDORSEMENT APPLIES TO THE FOLLOWING: AS REQUIRED BY WRITTEN CONTRACT. All other terms and conditions of the Policy remain unchanged. GL 100 0606 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of February A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and BRI Roofin and Sheet Metal Inc. 2629 W Blue Mound Rd. Haslet TX 76052 of the City of Haslet and, County of Tarrant and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3915 Roof Work at Multiple Locations-Item 4 Fire Station 3 Areas A and B, Item 7A Martin Luther Kinp- JR Recreation Center. in the amount of $130,700 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Armko Industries Inc and City Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification , YCo actor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expens , wner, its officers, servants and employees, from and against any and all claims- or-suits for property to r damage and/or personal injury, including death, to any-and-al persons, of whatsoever kind or chara whether real or asserted, arising out o the-Work and services to be performed hereunder by Contr r, its officers, agents 'employees, subcontractors, licensees or invitees, whether or not caused, in ole or in, by the alleged negligence of the officers, servants, employees, of the Owner. Contr or likewise covenants and agrees to, and does hereby, indemnify and hold harmless O er--di~ng the rformance of any of the terms and conditions of officers, sFan this Contract, whether axis' out of in whole or in , any and all alleged acts or omissions of ts, mployees of Owner. The provifeK of this paragraph are solely for the benefit of ies he reto and not intended to creator grcontractual or otherwiseto an person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement- shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: /LA1 h, i,-b, 1_2 City of Denton OWNE BY: (SEAL) ATTEST: 011 Q CONTRACTOR Aa MAILING ADDRESS PHONE NUMBER 17- ~ZZ- F/AX/NUMBER BY: TITLE zg~ APPROVED AS TO FORM: PRINTED NAME (SEAL) XTY ATTORNEY CA-4 " Mr. Tom Shaw City of Denton Proposed Indemnity Agreement: "To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Owner, Architect, Architect's Consultants, and agents and employees of any of them from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Subcontractor's Work under this Subcontract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Subcontractor, the Subcontractor's Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described herein." Please advise as to whether or not this language is acceptable. gl t _7 ~d S~ CITY APPROVED ASY 0 FORM: J CITY OF DENTON, TEXAS BY• 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.- • 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. • 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: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • 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 read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED' • 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. • 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. • 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. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this . Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • 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. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. C1_ 11 [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. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] 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. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] 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. Cl - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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. Cl - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For.vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. 2 Id, Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 01/13/2006 CIQ - 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B. C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? I--] Yes E-1No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? E] Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 l Za'Zl- Signature of person doing business with the governmental entity Date Amended 01/13/1006 CIQ . 2 PROPOSAL BID No. 3915 TO THE CITY OF DENTON, TEXAS FOR ROOF WORK AT MULTIPLE FACILITIES IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PAGE P-1 OF BID #3915 JAN. 25 ' 06 (FRI) 16:47 CITY Or DENTON PURCHASING 940 349 7302 PACE. 3/7 BID PROPOSAL - REVISED 1-25-208 CONTRACT DOCUMENTS: Having examined the Proposal, Contract, General Instructions, Materials, Execution, and Drawings for Project No. 3915 and conditions for reroofing worts, and having examined the premises and circumstances effecting the work. the undersigned offer OFFER: 1. To famish 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 folknving: BASE BID I - CHILL TOWER Work shall include tear off to deck, mechanically fasten specified base sheet, fully adhere three inches (3") polyisocyanurate Insulation, fully adhere 25!32" wood fiberboard insulation, Install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. BASE BID Y - CITY HALL MAIN AREA S Work shall include proper preparation of substrate to receive new slastomeric roof coaling system. Substrate preparation shall Include, but not be limited to. all seams in the field, flashing details at horizontal and vertical seams, Penetrations, curbs, and fasteners. AD work shall be performed per these specifications. BASE BID 3 - CIVIC CENTER AREA B Work shall include proper preparation of substrate to receive new elastomerk: roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be performed per these specifications. BASE BID 4 - FIRE STATION #3 AREAS A and 0 Work shall include tear off to deck, mechanically fasten three inches (3") poytsocyanurate insulation, fully adhere 25/32" wood fiberboard insulation, install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. Additional work shall Include provide and install three new drains, replace existing plastic drain bowls with 4" cast Iron bowls, fir out rise wall with lumber and vertical metal panels, and provide and install new conductor heads and downspouts. All installation shall be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturer's guidelines. Area B: Additional work shall Include providing and installing furring out of wall from Area B to Araa A with 34- exterior grade plywood and Installing metal panel system on low profile hat channel with -M- panel design. BASE BID 5 - FIRE STATION #5 Work shall Include proper preparation of metal substrate to receive new etastomerlc roof coating system. Substrate preparation shall Include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COA71NO MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. ITf%; BASE BID 0 - fill STATION #6 Work shall indude proper preparation of metal substrate to receive new elastomeric roof coaling system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, Penetrations; curbs, and fasteners. Ali lnstaUatlon shall be as per NRCA, SMACNA, ANSVSPRI, specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. Tw &n_-licit PAGE P-2 OF BID(13915 - RLIVISEA I JAN. 25 ' 08 (F R I) 16:47 CITY OF DENTON FURCHAS I NG 940 349 7302 ?AGE. 4/7 BASE BID 7 - MARTIN LUTHER KING JR. RECREATION CENTER Area A: Work shall include peeling to top layer of existing insulation, verify and ensure fastening pattern to code, installing 23/32" wood fiberboard insulation, Install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNN ANSi/SPRI, specifications, details and manufacturer's guidelines_ .P/ y Z 00 ALTERNATE BID 7A - MARTIN LUTHER KING JR. RECREATION CENTER Area A Work shall include tear off to deck, fully adhere three Inches (3") polyisocyanurate Insulation with polyurethane adhesive, fully adhere 25/32" wood fiberboard insulation with asphalt, install three plies fiberglass felts and coal4ar elastomeric membrane with flood coat and gravel. All insWatlon shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. seveu 7`t 7~ve s,72 OOD. ea ALTERNATE BID 713 - MARTIN LUTHER KING JR. RECREATION CENTER Area B: Work shall include proper preparation of metal substrate to receive new alastomeric roof coating system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. AIi installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. 'A s I P BASE BID 8 - SENIOR CENTER Areas A B. D and I: Work shall include spudding of existing roof, mechanically fasten vented base sheet, fully adhere 1.8" polylsocyanurate/perifte composite Insulation. Install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. Associated through-wall flashing and expansion joints shall be raised to accommodate new Insulation. All Installation shall be as per NRCA, SMACNA, ANSUSPRI,* specifications, details and manufacturer's guidelines, Area C: Work shall include tear off to deck, mechanically fasten specified base sheet, fully adhere 25/32" wood I fiberboard, install three piles fiberglass felts and ooel-tar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. $iiD BASE am S - visuAL ARTS CENTER Areas A, B, C, D, and E: Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners- All work shall be performed per these specifications. UNIT PRICE PROPOSAL: 1. Remove and replace damaged metal decking: # o per square foot. 2- Remove and replace damaged wood decking: ; Of 00 per square foot. 3. Additional cost over and above the contract amount for replacing wet fill material: $4.'90 per square foot (nominal thickness of 3"). 4. Additional cost over and above the contract amount for replacing wet Insulation: 5 3 . DD per square foot (nominal thickness of 2"). 6. Remove and rvp4*q deterlomted nailer; S ~i OD per board foot & Install four inch (4') roof drain: S e~a~dr. 7. Install four inch (4') cast iron drain line complete with all connections, elbows, etc.: (i ~~00 per linear foot 8. Additional coat over and above the contract amount for weekend or overtime requested by the Owner. S 5.00 cost per man per hour. PAGE P-3 OF BID 93915 - REVISED JAN. 25 '06 (FRI) 16:46 CITY OF DENTON PURCHASING 940 349 7302 PACE-5/7 PJ-va--I60ti°ns= Contractor shall submit and/or answer the following: 1- Contractor shalt submit documentation with their proposal to indicate their specific qualifications to perform the specified work, Including, buL~tJ_imited to, all public entities in the State of Texas where said company has worked. Contractor Initial 2. Within the last five years, has legal action, Including, but not limited to, deceptive trade practices suits, been taken inst your company for fahure to perform work property or for not completing a project? Yes No If yes, attach a separate sheet of expWwtion- I Within the last five years, has your organization or any officer/partner of your organization ever bee an officer/partner of an organization that Palled to complete a construction contract? Yes No If so, attach a separate sheet of explanation. 4. Within the last five years, has your organization or any officer/partner of your organization filed for bankruptcy? Yes No,&/lf so, attach a separate sheet of explanation. S. Attach an AIA Document No. A305 with a separate sheet with all references including all public entities. Include contact name and telephone numbers for each and every reference. B. Include a current year end review statement EXAMINATION OF SITE: 3. By signing the Proposal Form, Contractor acknowledges he or an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work The City of Denton reserves the right to award this work in its best interests, and to that end may award all proposals to one contractor, or separate the proposals and award to multiple contractors. Upon receipt of Notice of Acceptance of a proposal, within thirty (30) calendar days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) calendar days thereafter, and to deliver an Insurance Certificate, a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND and a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, as required. The undersigned agrees to complete all worms shown on the drawings and in the specffiCations 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 of time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work Is to take place to ensure completion of all work within specified time limits. The time limits are as follows: If a Contractor Is awarded a project, project must be completed -in a timely manner with production averaging 1500 square feet per day minimum from start date or Contractor will be subject to liquidated damages as set forth below. A wonting day is defined as a calendar day, not including Saturdays, Sundays, or legal holidays, In which weather or other conditions not under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M. For every Saturday on which the company chooses to work, one day will be charged against the working time when weather conditions will permit seven (7) hour; of worts as delineated above. A principal unit of work shag be that unit which controls the completion time of the agreement Nothing in this item shall be construed as prohibiting the company from working on Saturdays if it so desires- If Sunday work Is permitted by the Owner, time will be charged on the same basis as visakdap. THE OFFICIAL, WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF MAINTENANCE'S OFFICE. The undersigned agrees that the Owner may retain the sum of FIVE HUNDRED DOLLARS ($500.00) from the amount to be paid to the undersigned for each calendar day that the work contracted 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 Wi ure of the undersigned to complete the work at the stipulated time, and is not to be construed In any sense as a penalty- PAGE P4 OF 131D N39I S - REVISED JAN. 25 ' 06 (FRI) 16:46 CITY OF DENTON PURCHASING 940 349 7302 PACE. 6/7 1 (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 Owner/Project Consultant, if same is required. In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract i Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise ? under the antitrust laws of the United States, IS USCA Section 1 et sea., and which arise under the antitrust laws of + the State of Texas, Tex. Bus_ g Com. Code, Section 15.01, ALg~gg. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated a S Oyg Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No_ 4 dated Received Addendum No. 5 dated Reoeived ERI RocEr g at-Id qieet Neal Inc. ~ R B /r -~j ~ L4~ 9 e~ s sr Jam` 2629 W. Blue Max-d Fd. at Address Diet, 7X 76052 City and State Seal & Auftwization ` (if a Corporation) 817-632-5600 i Telephone PACE P-5 OF BID #3915 - REVISED VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non- resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: X BIDDER: au Icing a r d asset metal Inc. COMP BY 2629 W. Blue M3xd R3. Street Address Haslet, 9X 76052 City and State THIS FORM MUST BE RETURNED WITH YOUR BID. PAGE P-6 OF BID #3915 ACORDrM CERTIFICATE OF LIABILITY INSURANCE 03/12/2 a' PRODUCER (713)461-8979 FAX (713)464-2674 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Town & Country CL Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10575 Katy Fwy., Suite 150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston, TX 77024 Sally Dearing INSURERS AFFORDING COVERAGE NAIC # INSURED BRI Roofing & Sheet Metal , Inc. INSURERA: Lexington Insurance Co. 2629 W. Blue Mound Rd. INSURERB: Southern Ins. Co. Haslet, TX 76052 © INSURER c: RSUI Indemnity Company INSURERD: American Interstate Ins. Co. INSURERE: Republic Lloyds Ins. Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS GENERAL LIABILITY 41LX55478653 5/20/2007 05/20/2008 ACHOCCURRENCE $ 1,000,000✓' ISF 4XcCloontractual MMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S ZOO , OOO CLAIMS MADE M OCCUR, MED EXP (Any one person) S Excluded A Ll ab. PERSONAL & ADV INJURY S 190 . 00 000 X]$5,000 deductible GENERAL AGGREGATE $ 2,000:000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY X PRO- r-1 AUTOMOBILE LIABILIITTY BAP563449 5/20/2007 05/20/2008 COMBINED SINGLE LIMIT X ANY AUTO v (Ea accident) S 1r 000, 000 ALL OWNED AUTOS BODILY INJURY S B SCHEDULEDAUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY NHA039852 11/19/2007 05/20/2008 EACH OCCURRENCE $ 11, 000, 000 X OCCUR r_1 CLAIMS MADE AGGREGATE S 11,000,000 C S H DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND AVWCTX1493082007 5/20/2007 05/20/2008 WcSTATu- JeTH- LIMITS LIABILITY E.L. EACH ACCIDENT S 1 UUU 000 f D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE S 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 THFJt TXP5634494 05/20/2007 05/20/2008 $75,000 Rented or Leased Equip E quTpment Floater - $2,500 Deductible 11 Risk Special form D~SCRIPTI N OF OPERATIONS / LOCA NS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ PECIAL PROVISIONS Tt ith primary, y o Denton, its 0 icials, Agents, Employees and Volunteers are included as additional insured non-contributory wording on the above General Liability policy where required by ritten contract.✓Auto policy ~includes blanket additional insured and waiver of subrogation where equired by written contracts Workers Comp. includes blanket waiver of subrogation where equired by written contracts/10 days notice of cancellation for nonpayment of premium./ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 "DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Denton V BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 215 E. McKinney St. OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Denton, TX 76201 AUTHORIZED REPRESENTATIVE Reed Moraw/SKD ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) PERFORMANCE BOND STATE OF TEXAS § Bond No: 4367115 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That BRI Roofing and Sheet Metal Inc.✓ whose address is 2629 W Blue Mound Road Haslet Texas 76052 hereinafter called Principal, and SureTec Insurance Company✓ , a corporation organized and existing under the laws of the State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED THIRTY THOUSAND SEVEN HUNDRED AND 0/100 DOLLARS 130 700j us ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-038 with the City of Denton, the Owner, dated the 19'h day of February A.D. 2008 L~~ , a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. ✓ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one.df which shall be deemed an original, this the 11th day of March 2008 " ATTEST: PRINCIPAL, - BRI Roofing & Sheet Metal, Inc. 10 BY:~(~f7~~~~- -o SECRETARY BY: PRESIDENT ATTEST: SURETY SureTec Insurance Company BY: BY: ATTORNEY -IN-FAT Tom Young The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Tom Young c/o Texas Contractors Surety & Casualty Agency STREET ADDRESS: 3817 Alamo Avenue, Fort Worth, Texas 76107 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 t& p ~110~ S~ PAYMENT BOND STATE OF TEXAS § Bond No: 4367115 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That BRI Roofing and Sheet Metal Inc whose address is 2629 W. Blue 7Mynd Rd. Haslet, TX 76052 hereinafter called Principal, and SureTec insurance Compan, a corporation organized and existing under the laws of the State of Texas and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED THIRTY THOUSAND SEVEN HUNDRED AND 0/1 OODOLLARS ✓ ($130,700 lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008- 038 with the City of Denton, the Owner, dated the 19'' day of February A.D. 2008.~-a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four co 'es, each one of which shall be deemed an original, this the 11th day of March 2008 ATTEST: PRINCIPAL _ BRI Roofing & Sheet Metal, Inc. t/ BY:~ QQ SECRETARY BY: C- PRESIDENT ` ATTEST: SURETY SureTec Insurance Company BY: BY: ATTORNEY--1N--F,dCT- Tom Young The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Tom Young c/o Texas Contractors Surety & Casualty Agency STREET ADDRESS: 3817 Alamo Avenue, Fort Worth, Texas 76107 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-4 S~ SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trails, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. - - - - - - Important Notice Regarding ~ Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Warranty Limitation Rider In no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty five months after the date on which Subcontractor either substantially completed its work or breached the Subcontract, whichever is the first to occur. ROOFING -Triple Rider with warranty limitation rev. 1103 POA 4221119 Bond-No: 4367115 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Tom Young"Fred A. Thetford, Jr. of Fort Worth, Texas its true and lawful Attomey(s)- in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Three Million and no/100 ($3,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made tinder and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`x' of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. a5%jRANC6 URETEC INS CE COMPANY v ~+X °0 By: w ; w 5 i$ : Bill King, re nt State of Texas ss: 7~~~,1 County of Harris On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Mlch0a Denny " Notay Public State of Tem MyCommissloft Expires Michelle Denny, Notary Public August 27, 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Hcuston, Texas this 11th day of March , 20 08 , A.D. 4 M. Brent Beaty, Assistant Se re ry Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ~t4 JJ~ 0 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of February A.D., 2008, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Progressive Roofing 2911 S. Peachtree Balch Springs, TX. 75180 of the City of Balch Springs, County of Dallas and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3915 Roof Work at Multiple Locations-Item 1Chill Tower in the amount of $7,900 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Armko Industries, Inc. and City Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-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 O MR (SEAL) ATTEST: F4 ocycavue CONTRACTOR S 7 ze MAILING ADDRESS a(c!" 3c{B- 7~. 3 PHONE NUMBER FAX NUMBER BY: /Y-4 A0 TITLE C~s -ire( l APPROVED AS TO FORM: PRINTED NAME (SEAL) CITY ATTORNEY CA-4 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Progressive Roof= whose address is 2911 S. Peachtree Balch Springs Texas 75180 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of SEVEN THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($7,900) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves,.our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-038, with the City of Denton, the Owner, dated the 19th day of February A.D. 2008 , a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly au horized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Progressive Roofing , whose address is 2911 S. Peachtree Balch Springs, TX 75180 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of SEVEN THOUSAND NINE HUNDRED AND 0/100DOLLARS ($7,900) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008- 038, with the City of Denton, the Owner, dated the 19th day of February- A.D. 2008, a copy of which is hereto attached and made a part hereof, for Bid 3915 Roof Work at Multiple Locations. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FTJRTFir- that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 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: • 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. • 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: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • 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 read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED' • 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. • 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. • 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. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • 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 Fonn 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. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. CI_ 11 [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. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] 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. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] 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. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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. Cl - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-832 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide. to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by .paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. - K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. ,)OPQ- 21 F] Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 01/1W006 CIQ - I CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? 0 Yes a No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 0 No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date mended oina2W6 CIQ - 2 DATE: January 25, 2008 Q _ FAX TO: Advantage USAA 210.679.2157 All About Roofing 409,791:6396 All Seasons Coritracting 903.465.2482 Alpha Applicators 214 36613'201 '9 P 01.1-6 Te TeDepRnmtnt Banco 0aRS 3treer 817.740.8918 Denton, TX 76309 BRI Roofing 817.632.8950 940:349.7100 Castro Roofing 214.381.8109 Ynmilentonpurtbusiny enin Heritage One Roofing 214.353.8030 Liberty Roofing 214.276.1782 Paragon 214,630.13677 Progress.1ve Roofing 214.348.7685 Roof Management Services 972.278.7279 Roof Masters 940.566,6203 Roof USA 214.348.7665 SLR Roofing Systems 817.7133.0248 Weatherproofing Svc 972.731.8225 NO. OF PAGES: 6 ADDENDUM NO.1 FOR CITY OF DENTON - ROOF WORK AT MULTIPLE FACILITIES BID X13946 Contractor shall incorporate the 'following additions, deletions and clarifications into the proposal for this project to be submitted by Tuesday, January 29,2008, 2:00 P.M., to the City of Denton, Purchasing Department, ATTN: Purchasing Agent, 901-B Texas Street, Denton, TX 76209. Ths•addendum serves to clarify, revise, and supersede Information in the Project Manual and the brawings. The following additions, deletions and clarifications: shall be. made part of the plans and specifications for this project. Contractor shall acknowledge receipt and consideration of this Addendum No. 1 on.the Proposal Form. 1. Revised Proposal form, Pages P-2 and P-3 attached, shall be used to submit bids for this project. Changes incorporated in the foam include: a. Adding a note to Base Bid 4 regarding furring out the parapetwell from Area B to Area A (see revised Roof Plan attached), b_ Removing Roof Area B from Base Bid 7 and creating a new Alternate Bid 7B for Area B Scope of Work_ c. Revise Unit Price 3 to read "per square foot (nominal thickness of W)" d. Revise Unit Price 4 to read "per square'foot (nominal thickness.of 2")" 2. At all areas with slope less than W that are to recelve.the'new elgStoirieric'mating system, installation shall include the application of a white natural oil-based surface coating installed prior to the acrylic elastomeric base coat in strict compliance with manufacturer's currenf application procedures. Coating shall meet or exceed the following physical properties. Weight per gallon 10.5 tbs t 0.5 Ibs F Solids Content (by Weight) 80% T Flash point ?140° F ~tP..-••"'•~.. Finish Sglooth, semi-gloss Mold Algae, Bacteria resistance No Growth • ~ Water swelling after 7 days Notie ...~i~ . P NO •8P$b1' fQAV END Attachments: Revised Proposal, Pages P-2 - P-5 ►~~N/11~~',le~~ Revised Roof Plan No. A1.04 - 3916A, dated 1-25-08 ( r BID PROPOSAL - REVISED 1-25-208 CONTRACT DOCUMENTS: Having examined the Proposal, Contract, General Instructions, Materials, Execution, and Drawings for Project No_ 3915 and conditions for reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer_ OFFER: 1. To fumish 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: BASE BID 1 - CHILL TOWER Work shall Include tear off to deck, mechanically fasten specified base sheet, fully adhere three inches (3") polyisocyanurate Insulation, fully adhere 25/32" wood fiberboard Insulation, Install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSI/SARI, specifications, details and manufacturer's guidelines. S2,.,e •N -6~x csu ne u~d.~-e d -7 g . BASE BID 2 - CITY HALL MAIN AREA B Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams In the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. Ali work shall be performed per these specifications. /V BASE BID 3 - CIVIC CENTER AREA B Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be performed per these specifications. ' i N BASE BID 4 - FIRE S'TAMN #3 AREAS A and B Work shall include tear off to deck, mechanically fasten three inches (3") polyisocyanurate insulation, fully adhere 25/32" wood fiberboard insulation, install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. Additional work shall include provide and install three new drains, replace existing plastic drain bowis with 4 cast iron bowls, fir out rise wall with lumber and vertical metal panels, and provide and install new conductor heads and downspouts. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. Area B: Additional work shall Include providing and installing furring out of wall from Area B to Area A with exterior grade plywood and Installing metal panel system on low profile hat channel with °M" panel design. BASE BID 5 - FIRE STATION #5 Work shall Include proper preparation of metal substrate to rece - neu elaotom$rlw roof coating Sys",;,. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSUSPRI, specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. AJJA BASE BID 0 - FIRE STATION #6 Work shall include proper preparation of metal substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All Installation shall be as per NRCA, SMACNA, ANSI/SPRI,.specifications, details and manufacturer's guidelines. THIS QUOTE IS FOR PREPARATION AND INSTALLATION ONLY - COATING MATERIALS WILL BE FURNISHED AT NO CHARGE TO THE CONTRACTOR. N PAGE P-2 OF BID #13915 - REVISED BASE BID 7 - MARTIN LUTHER KING JR. RECREATION CENTER Area A: Work shall include peeling to top layer of existing insulation, verify and ensure fastening pattern to code, Installing 23/32 wood fiberboard insulation, install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. ALTERNATE BID 7A - MARTIN LUTHER KING JR. RECREATION CENTER Area A Work shall include tear off to deck, fully adhere three inches (3") polyisocyanurate Insulation with polyurethane adhesive, fully adhere 25132" wood fiberboard insulation with asphalt, install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All installation shall be as per NRCA, SMACNA, ANSI/SPRI speciflcatio s, details and m nufacturer's guidelines. ~e n~ ~ ~ ~ 7 3 ,3ya-~ -T" ALTERNATE BID 713 - MARTIN LUTHER KiNG.JR. RECREATION CENTER Area B: Work shall include proper preparation of metal substrate to receive new elastomedc roof coating. system. Substrate preparation shall include, but not be limited to, all flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. N BASE BID 8 - SENIOR CENTER Areas A. B. D. and I: Work shall include spudding of existing roof, mechanically fasten vented base sheet, fully adhere 1.8" polylsocyanurate/perlfte composite insulation, install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. Associated through-wall flashing and expansion joints shall be raised to accommodate new Insulation. All installation shall be as per NRCA, SMACNA, ANSUSPRI. specifications, details and manufacturer's guidelines. Are : Work shall include tear off to deck, mechanically fasten specified base sheet, fully adhere 25/32" wood fiberboard, Install three plies fiberglass felts and coal-tar elastomeric membrane with flood coat and gravel. All Installation shall be as per NRCA, SMACNA, ANSUSPRI,. specifrcatoons, details and~manufacturer's guidelines. Ott CtN!`~~ i~oJA l 4sksat-A7wc, a (-W -t , $ I tu 1~ BASE BID 9 - VISUAL ARTS CENTER Areas A, B, C, D, and E: Work shall include proper preparation of substrate to receive new elastomeric roof coating system. Substrate preparation shall include, but not be limited to, all seams in the field, flashing details at horizontal and vertical seams, penetrations, curbs, and fasteners. All work shall be performed per these specifications. N UN-il PRICE PROPOSAL: 1. Remove and replace damaged metal decking: € Z. CO per square foot. 2. Remove and replace damaged wood decking: $ I ZS per square foot 3. Additional cost over and above the contract amount for replacing wet fill material: $ 2 oo per square foot (nominal thickness of 3'). o0 4• Additional cost over and above the contract amount for replacing wet insulation: !6 Z~ per square foot (nominal thickness of 2"). 6. Remove and replace deterlorated nailent: $ per board foot 6. Install four inch (4") roof drain: S each. 7. Install four inch (4") cast iron drain line complete with all connections, elbows, etc.: 3-.d4k- per linear foot 8. Additional cost over and above the contract amount for weekend or overtime requested by the Owner: S,r cost per man per hour. PAGE P-3 OF BID #3915 - REVISED F-MQualifrcationc: Contractor shall submit and/or answer the following: 1- Contractor shall submit documentation with their proposal to Indicate their specific qualifications to perform the specified work. Including, but not limited to, all public entities in the State of Texas where said company has worked. Contractor Initial 2. Within the last five years, has legal action, including, but not limited to, deceptive trade practices suits, been taken against your company for failure to perform work property or for not completing a project? Yes No-4 If yes, attach a separate ®heet of explanation- 3- Within the last five years, has your organization or any officer/partner of your organization ever bipin an officer/partner of an organization that failed to complete a construction contract? Yes No. If so, attach a separate sheet of explanation. 4. Within the last five years, has your organization or any officer/partner of your organization filed for bankruptcy? Yes - No- If so, attach a separate sheet of explanation. 5. Attach an AIA Document No. A305 with a separate sheet with all references Including all public entities. Include contact name and telephone numbers for each and every reference- 6. Include a current year end review statement. EXAMINATION OF SITE: 3. By signing the Proposal Form, Contractor acknowledges he or an authorized representative has examined the roofs and is aware of all field conditions (rooftop equipment, penetrations, roof drains, etc.) which may affect the work. The City of Denton reserves the right to award this work in its best interests, and to that end may award all proposals to one contractor, or separate the proposals and award to multiple contractors. Upon receipt of Notice of Acceptance of a proposal, within thirty (30) calendar days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) calendar days thereafter, and to deliver an insurance Certificate, a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND and a SURETY BOND In the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, as required. The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subjectlo additional days that may be added due to inclement weather and/or other justified and reasonable extensions of time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to ensure completion of all work within specified time limits. The time limits are as follows: If a Contractor Is awarded a project, project must be completed in a timely manner with production averaging 1500 square feet per day minimum from start date or Contractor will be subject to liquidated damages as set forth below. A working day is defined as a calendar day, not including Saturdays, Sundays, or legal holidays, In which weather or other conditions not under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between T_00 A.M. and 6,00 P.M. For every Saturday on which the company chooses to work, one day will be charged against the working time when weather conditions will permit seven (7) hours of work as delineated above- A principal unit of work shall be that unit which controls the completion time of the agreement Nothing in this item shall be construed as prohibiting the company from working on Saturdays if it so desires. If Sunday work Is permitted by the Owner, time will be charged on the same basis'as weekdays. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF MAINTENANCE'S OFFICE. The undersigned agrees that the Owner may retain the sum of FIVE HUNDRED DOLLARS ($500.00) from the amount to be paid to the undersigned for each calendar day that the-work contracted 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- PAGE P-4 OF BID #3915 - RrV iSED 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 Owner/Project Consultant, if same is required- In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished In accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions- The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duty authorized to execute this contract Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 the State of Texas, Tex. Bus_ & Com. Code, Section 16.0 1, gl;s and which arise under the antitrust laws of Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated ( 2 S 0 Received ✓ Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received CONT C OR BY / =tR gal( 5 ~eQ~ G.~~ Street Address City nd S e Seal & Authorization (If a Corporation) Z W f 9- 7&63 Telephone PAGIE P-5 OF BW 03915 - REVISED F VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non- resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a s non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out=of-state or j non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident I contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section i B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: Q s f BIDDER: i I P CO Y BY ~l Stre ddress l City and tate THIS FORM MUST BE RETURNED WITH YOUR BID. i PAGE P-6 OF BID #3915 PERFORMANCE, BOND #8918654 QFTHXAS CO(INTY OF I)Isl`I'I'ON § KNOW ALL hAFN i:iY THFISl PRESENTS: That I~~essiveR.uufiiig✓ ~vllose address is 2911 1'eaclllree Balch 51)~ings Texas 751$(1 hereinafter called PrinciPal, and FSdeLity.SLl it_Cb. oft ylar~cl✓ - a corporation organized and cxistiltf), under the laws onllr. State of Vmgoand_ , am! fully authorised Co traulsact husincss in the ("tate of Texas; as Surety, slrc hold told firtzily bound onto Iho City Of l)elttota, a rmunicipsal cnrl--oratiorl organized and exhd ,i; under the laws of the State of "Texas, hercirialler called in the penal stun of SEVEN 'f' vHJSAND NINk 1111NURi;U AND 0/100 DOLLAR91SU N I,firs ten percent of the xtt wd penal surn as an additional slam of money ml-imsoating additiorml conrt expenses, attorncys' lies, anxi liquidated danitrges arising put or or conrleded will Ow bFeww identified C:on(racl, in Nwfiil money ofthe Kited Slates, to he paid in Dentin County, 'fex:cs, ibr to Impnelit of which suni well and truly to be. made, we hereby bilid aurselves, nur heirs, exondurs, adrriinisirrdois, successors, and £ls3ikns jointly stn(] severally, (holly by these p amn,S. •I'liis Bond shall ar.rtonladully be increased by M anw iml orally (;hangs Order or Supplenlcnlal Agreement, which increases the Contract prico. but in no evc sit shall it Chsuige Order or Sepplcrucrrltrl A14rc.c incnt, which reduces tho Corltrtac:l price, decrease the pens,) scent of this Bond. '1'lli? 0.131,1(;ATION TO PAY SAMF. is conditioned its Billows: Whc:roa:', the Priuc;ihal clitcrcd inlo 1 catairi t' minict, idciitilied by Ordinance: Number 2003408, with Ulu (:ity or 17entotl, Ow ()"me; &dcd tic IQh d;ly ol.'•_ I&ruafy IVI). _ _L~U3 a coley of/ which is hero(() s,llrlclicd Surd rnade a part hcrecT, [or Bid 3915 .1.i.ouf WprJc t{t !vl(i(tiple J,cir„itiorl:\ NOW, '1'111{it.isl OItl , if Uio Principal ,;Ila[J w.11, Irt:lly and i:aithfi,lly pcrlorut and lirlfill au of the undertakiligN c,.nvenants, I.ernls, condilio.us and agreernents of said C'ollbact it) accordallcc•-with tltc: flans. Specifications and (.'nnlract Ducunleuls during, the original (enn thereof and nny extrnlnn thereof which may he gm"od by the, (3wricr, with (,r without netice to the Surety, and (tiring the Ii li: f a t ny guaran(y or warranly required under this Contract, aria shall also well and truly por(in ii and lullill all the t.uldertakings, covenants, terms, conditions and cg.rec°Il cols of ony am! all drily HL1tlltiiiid:(f lil(alifiC(i(IGiiS of rind (.:oi]trfiC) thni may 11Gi`c:a..lCl' be made, notice of which nuldifications'to the Surely being hereby waived; and, if tale Principal shall repair and/or ropla,ce ull de.fccts clue to farrll.y materials an(] wurkinanship that 817pear ~vithill a period of two (2) yeirrs (ions the date uh final compledon and fim.a1 acceptance of um O)rk• by be C)wrter; mot if the i'riocilial shall lolly indemnify turd save Imi- ide:;s the Owner. Ru"i ale costs Gird dImago.,; wllic-11 Owu01' may SLlffer by reason of fiBure to so per{ku'm herein n.nd sba.lf lolly. mirnhur;se and ispay (Kiier• all outlay and cxponse which the Owner ()rely Our in nis king goo-.1 any default or delicielicy, don lids o iligs,timi shall be void; otherwise, it shall remairl in full lurce, and efl-ecl. I''t • I PROVIUHI) Fl 101 FWA, that &any (r-g,Il ,lUion he filer? ull011 this In.gncf, c:xelu, PI venue shall lic in Denton County, Slate of'I'exns. AND irRt_1V1L1F;1) FI)lt'l'1.11'sR, that the said Surely, for value received, hcrc:hy slipulafes artd aglecs Mat no (;h u,Ke, extension of tilrte, alteration or addiduo to Mc, lerlrls of the t.: ~ulra~t, or to if](; Work Io Iw performed thcrelrndel, of- 1() the I.'lanq mpeclficallons, Prawillps, et",, ;ACCOIllp:lnying the safne, shuH in anywise alT::ct its ohligatiou on this Bond, ,Intl it clues hereby waive nof.i(:c of any such change, extension of til>_le, alteration or addition to the tens of the (:r:olraw, or trI the. Walk Lu he pa'furlired thercWer, ur to the Plans, Sllcrsificat.ions, Lhltvvirip, etc. This 1_lond is given pursuant"to lhc; provisions of Chapter 2253 of (he Texas (iover'ruxlelit Cole, as altu'tu.lr.(I, and Illy Odle)- 1[)j-)lical)le to%Ilules of Elie Sb to oT'I'ex:as. 'f'hc nn(lel5itnc(I and designated agrenr. is hcrolly desfgnatcd by (lie Surely hclOn ,r; the Resident /\gc.ul in 17mdou (rooky to whims, avy repinite nukes may he deliv(;.rcd and im whorn service of p6m x nmy In h,rd in nrlll.em arising iml of mmh suretyship, a r. providod by Article 7.19-1 of(he ItISU1.111CO (;ndc, Vt;rnnn'c Anm)lllted ('.ivil StatuLo ut-the St,{IC uf'Tex,ls:. !(`1 ~S~TI hJl{tiff Wi fFl?i; Aq 063 irlsu'i.m ud is execrated in four collir;s, r;,-lell one of whidl `hall he deemed all original, this the 19th clay of Marra 2W8.,/ _ Ptogressive Services Inc. dka Progressive Roofing fly: C , -G_.... % Is Y: Chris Arrell, Tyr n' I"i'r S' 1': ,S l l i? I?: I' Y Fidelity and land Li v; _ Edward M. Nobb n, AttorneyAnn-Fact 't'ic Resident ngcut of the Surety in I)enWn Qunty, Texas For delivery of notice tend sr rice of the process is: NAM 13: - NA (7V0l7J,,: Ovic of llrfi)rmunice 11nnd inuo be dwe n/'('urrmrl- y'Reslchud Akrnt is Icur cr caqualwHolt give a perrfm ~v ITf.Imo.) STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO ss: On this March 19, 2008, before me personally came Edward M. McMahonYo me known, who, being by me duly sworn, did depose and sa that he resides in Hamburg, N.Y.; that e is -an--Attorney-in-Fact of the Fides De osit Compan nd e corporation described in, and which executed the within instrument; that he knows a seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that he signed his name thereto by like order; and that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Chapter 28 of the Consolidated Laws of the State of New York; and the said Nancy C Gier further said that she is acquainted with Edward M. McMahon and knows him to be an Attorney-in-Fact of said Company; that the signature of the said Edward M. McMahon subscribed to the within instrument is in the genuine handwriting of the said Edward M. McMahon and was subscribed thereto by like order of the Board of Directors, and in the presence of her the said Nancy C. Gier. . Notary Public ~"CVC ER Nowt' Public. Stair ofA19i' QmlifW in Eric county My cazratiim Exph= Ocmba 31.2W9 #5kloD Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND"a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to b in full force and effect on the d ~ereby nominate, constitute and appoint Edward M. MCMA O , Carol J. LEWINSK n amburg, New York, EACH its true and lawful agent and Attorney-in-Fact, to mak a 'v r, no behalf as surety, and as its act and deed: any and all bonds and under o t ecu ' c or undertakings in pursuance of these presents, shall be as binding upon I d a I ' ents and purposes, as it they had been duly executed and acknowledg l y ele ompany at its office in Baltimore. Md., in their own proper persons er ~ttbrn ~s e on behalf'of Edward M. MCMAHON, Carol J. LEWINSKI, dated August 5, 2005 The said Assistant es4iereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, cc> Section 2, of the By s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of January, A. D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND o DUOS/ 0 0 t ? /r j 4 r.ni♦ 0! By: Gregory E. Murray Assistant Secretan! M. P. Hammond Vice President State of Maryland ss: City of Baltimore On this 16th day of January, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the sea] affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. _ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1 /~i:~~~''~. t.~-,~-.,cr-mac:? ~ ~J-,~.,r~,/ Constance A. Dunn Alotan, Public My Commission Expires: July 14, 201 1 0~ POA-F 132-7013 Aw) FIDELITY AND DEPOSIT COMPANY Ttie OF MAR TLAND . 39 10 KESWICK ROAD, BALTIMORE, MD 21203 Companies Statement of Financial Condition As Of December -31; 2006 ASSETS Bonds 150,563,710. Stocks : 39,367,826... Cash and Short Term Investments . 38,939,878. Reinsurance Recoverable 8,609,769 Other Accounts Receivable : 25,762,452 TOTAL ADMrrTED ASSETS $ 263;243;635. LIABILITIES; SURPLUS AND OTBER FUNDS Reserve.for.Taxes and Expenses $ 625,582 Ceded Reinsurance Premiums Payable 32,539;586:. Securities Leading Collateral Liability 35,321,207. TOTAL'LuBILrpEs.......... $ 68,487,375 Capital Stock, Paid Up ...........:...............:..:..............................:...................s.... $ . - 5,000,000 Siuplus 189;756,260 . Surplus as regards.Policyholders........................ 194,756;260 . TOTAL $ ..263,2.43,635:.. Securities carried at $33,209;464 in the above statement are deposited as required by law. . Securities carried on the basis prescribed by the National Association of :Insurance Commissioners. Ori. the basis of December 31, 2006 market. quotations for all bonds and stocks owned, the Company's total admitted assets.would be. . $261,193,375 and surplus as regards policyholders $192,706,000. I, DAVDA. BOWERS;. Corporate Secretary- of-the FIDELITY NPbEPOSiT COMPANY. of MARYLAND,: do hereby certify. that.the•foregoing.statemerit is"a correct exhibit of the assets and liabilities'of the said Company on the 31st . day of December, 2006. -fit : • . Corporate Secretary State of Illinios City of Schaumburg SS: Subscribed end swGrn to, before me, a Notary Public of the State of Illinois, in the City of Setiaumburg, this 20th day of Match, 2007. ' . ' Notary Public -&kc AI. SFAh ! WRL.O G SARABYN N! YiPgLDd'-S7ATE:0FidIN018 i+fl' C01IS510N EXRIfiFS t Ir15)i)T ' VAYM1li;N'F 1?0ND #8918654 S'1 A IE M TEXAS § C OU.NTY OI, 1)1.;N'I()T•l § -KNOW Al,f, MJ IJ IiY 'I'llk?`;Is I'[Zi.SI.V'I",S: That- W1 u ~ressive ).~oalilr v ose address is 2'.)11 5.. Pe~ch[ree Ba)cr S lrin s '1'X_75_if3U helei1a afler r„ f _ l _ 1llcd I I tlcip:il, and fjQjft , it Cb. of Ibrylarld~, A cor~t1MHOn orf atlized an(l existing mid r ille [dW$ of the Slale err' i"mryland an(.i [!lily autl►odzed to tronsuct businc:.'i$ to Ific, ~I%tte of AM as Surely, are. heel alit] firmly bound lento the City of Uentor►, a uun'licipal corp(wati,►tl organized and exi5 bg under the laws of the hale of'1•cxas, IlcreiimBlc:r c ►Ile:d Owner, tuul untu all f5clo off;, film;, nnul wwp wyltions 6hu Inay fu ikh mawdals [itr,'or perform labor uhuil, the building m. imp-oYenlruls herchafter referre i to, in Pe 1")mml sutrt of Sf,VLN l'11Ut1 (11vU N[i~fP. H1.1NJ__)i 1i1~ Z1ND tl/IUUDOLI.APS `$'I,t)tl n Ltwfi►I money of the llni[rcf `il:je;:, 10 A paid in. C)eol.on, (.'aunty, 'I'c:xas, ).(►r the paynienl of which sum well and truly to be ulaelc, we hcmby bllld oursclves, wir heirs, oxceutors, aclministriltors, succe,-,fmrs, and it signs, join:.ly and ;evertllly, (irnnly by Tay pkouri s. 'Phis Hied shall nul.olntltically be increasccl by [lie.. ilmourit of any Change. -Q) der or Supplcarlenlal Agrevilo it which increases [he Con(ract price, (tut ill no event shall t► C:htn►Kc Order (jr Suppfenterltal Agrecanent which redu(=: (fie Co►►s.rwl. J)ri,;e decrease the penill sIli elf Ill is Bond. .1111? 0131.10A'I'[UN '.I'0 PAY SAMI? is conditioned us 6ollows_ Whevea.;, the i'linripal entered inter, m vamlin C;onKit identified by (.)l'crhame Number 2l)Q8' U38, with die (Ity -If t)enlcr►l, the Owner, eloWd dm 19'1' day of... _L.e_~)-ki ry A.P. 2008j-,copy of "VI.-icl:► is Icwun attached and nindu i I,art hereol, lur. J3ic.1.39.1 S llou!_Wclrlc a[ 1Vlullil',le•Luu~iiu)►s.~ NOW, TJJ1-,Rl` (MZK i0be.11iucipal shall wc:11, truly anti f",14111i,11y iVNI'n•nl its cfL►li~;S and make flrungd paylne►o to all pwoonN lirn►s, milum uclurs. corporatAn and dahnants supplying l,►bor alld/or lr►,llerial ill the prosecll-iol► of ll►c Work provided for )u said (.,'onlrau(. and a►ly and all duly nw hori ad lnodiJications cif said Coulract That may hereafter be Lnade, notice of- Which 111odifica.dons"lo (fie "!urety heity hereby exprossly waived, then lhi.q obligation ::hall t-e void; oths;rwisc il. !(rill rt Llmjin ill Bill Il 1-c-C A►ld eflesc.l. l'{{Q'V1i ).l!A) Ft JIM MR, it at if wiy legal tt~:(inn be Mecl tun iilS i {tt~ " , GXl;lll„i .t:Velibt shall lie ill i)clLlun Coun(y, TCX.RS, ANN) PROYID11) IN J I').l T, lira( ov said Sumly, lur value received, hereby llkulatcs tllul agrees Ih;lt no change, extensiou of lfu►e, dhralkm (n ad.di[ ; to A tonns of die CAM; or to the Work h, bu iie li,rtued thorruncler, or the I'M•, 4 pecificaGons, J)rawin~_of- , etc:,, 3ccoinpinying the smile, shell in anywise rlfli?t.•.l its ubligw% oil [iris Rond, and it doers hereby waive ►1olicc u.f.' ;Iny :uc:h ch►inge, exl.ensiort of lino:, alteral% ur addition to the tens of the Colltt'acl, ox to the Work to he perlilrnled dlel-eundcr, or tc, the Plans, Specifications, Drawings,, etc. 11 .3 This, I;onci is Rlvcll lunCsuant to I.he I)ic•vi,iull;; oC Chapter !253 of I.he 'T'exas (.,ovf-r)ln( [It as auu,nc d. ;Intl any ndicr applic;alile st:ltulcs of thc: SInLe of -1'ex<ls. The 11nf.hl:Sl llt:f-I and design (C-d agCl)t iS lKtrChy dC-9igl1.atlal. by the. Sui-ety I en.,AII X15 the Asident Agent in Ucnl(ln (.:ul.a y L whom any injukite notices may 1)c dclivere(1 wid uu wllcAn service of hruce;s may he hui.l in {natter, arisillf, 0111 ur,uclI, surety, AS larovidcd Iay Artil. o 7.1.9-1 cif the hmwwwc; (hide, Vernoni AnnuWkd Q vil SUItutcs 01'(110. State of Was. IN WfI*N1`~;., W! IFITIVIK IIII,S iusUmment is executc:ct hi 11JUr c0 cs, nu_h one uf'whialt shall he deemed all tn-i1l,inall, 1hi, the 19th (Jay of Mardi 2008 A'I"ITN I': ITIIJt_:IVA1, wive Services Inc. dta Frog essive Roofing 13Y: ~ - ✓ - SL('IZI'I'AIZ 13Y: Chris Farrell. Manager Fidelity arat3 it 1-n I3Y: - Bt and M. ice? m, Attorney-in,-Fact 'rho Reskltalt Ayem or is ;,Wray in I hnton Connly. Toxwi Ior derivel'y of notice and .1wtvice of the pmccss is: NAME,: WA S'1'fllils'I' A111:y1t1~.~~`~: (IVW T' 1)cttca of * I'gvment 13fJr1d must he (kite Contract. U' Resident Agent i,: not a corporation, ;give (r per-Yo W.r !1(rme.) NIS 4 All STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO ss: / On this March 19, 2008, before me personally came Edward M. McMahon o me known, who, being by me duly sworn, did depose and sa that he resides in Hamburg, at he is an Attorney-in-Fact of the Fidelity & Depo~ sit Conlpany_4f11~ nd: a corporation described in, and which executed the wi m m trument; that he knows the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that he signed his name thereto by like order; and that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Chapter 28 of the Consolidated Laws of the State of New York; and the said Nancy C Gier further said that she is acquainted with Edward M. McMahon and knows him to be an Attomey-in-Fact of said Company; that the signature of the said Edward M. McMahon subscribed to the within instrument is in the genuine handwriting of the said Edward M. McMahon and was subscribed thereto by like order of the Board of Directors, and in the presence of her the said Nancy C. Gier. v 1 l ~i. Notary Public °C-GER Notzry Public. State orW Qr.`alified in Erie County EXPL-cs October 31.2W9 5~ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND corporation of the State of Maryland, by M. P. HAMMOND, Vice President. and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said , ny, which are set forth on the reverse side hereof and are hereby certified to be ii full force and effect on the d ereby nominate, 11 constitute and appoint Edward M NICMA "arol J. LEWINSK n`iW1, amburg, New York, EACH its true and lawful agent and Attorney-in-Fact, to mak - e behalf as surety, and as its act and deed: any and all bonds and under ecu ' or undertakings in pursuance of these presents, shall be as binding upon s I Y~gd~alim~ ? 1 ents and purposes, as if they had been duly executed and acknowledg y ele "_b( ompany at its office in Baltimore, Md., in their own proper persons er rn dated Augus 05~.on Tbehalf of Edward M. MCMAHON, Carol J. LEWINSKI, t 5, 20~~~ The said Assistant sereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2. c the By s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of January, A. D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND a +cP'~O'v, o 0 J ~e o s 1E90 ~ r 4tin:r• ~ B>. Gregory E. Murray Assistant Secretai- M. P. Hanunond Vice President State of Maryland l ss: City of Baltimore f On this 16th day of January, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. f : "1 rrrn r n u"~\ lll„/// Constance A. Dunn Notarv Public My Commission Expires: July 14, 2011 V' tG POA-F 132-7013 ~t~P FIDELITY AND DEPOSI'T' COMPANY The OF MARYLAND . 19 10 KESWICK ROAD, BALTIMORE, MD 21203 c6nipanles. Statement of Financial Condition As Of December-31j2006 ASSETS Bonds . Stocks... $..:150 563,710 39,367,826... Cash and Short Term Investmerits . 38,939,878. Reinsurance Recoverable 8,609,769 . Other Accounts Receivable 25,762,452 TOTAL ADMITTED ASSETS $ 263;243;635. LIABILITIES; SURPLUS AND OTHER FUNDS Reserve.for.Taxesand Expenses 625,5821 Ceded Reinsurance Premiums Payable 32,539;586:. . Securities Lending Collateral Liability 35,322,207. TOTAL LuBiurms 68,487,375 ' Capital Stock, Paid Up...........: :..............:..:................................:........:.:..:.....s.... 5,0001 000 Siriplus 189 756,260 . Surplus as regards.Policyholders 194,756,260 TOTAL $ ..263,2.43,635... Securities carried at $33,209;464 in the above statement are deposited as required by law. . Securities carried on the basis prescribed by the National Association of :Insurance Commissioners. On. the` basis of - December 31, 2006 tnarket.quotations for all bonds and stocks owned, the Company's total admitted assets.would be.. . $261,193,375 and surplus as regards policyholders $192,706,000. I, DAVID A. BOWERS, Corporate Secretary of the FIDELITY ANo DEPOSIT COMPANY. OF MARYLAND;. do hereby certify that the;foregoing.statement is'a correct exhibit of the assets.and liabilities'of the said Coirrpany on the 31st. . day of December, 2006. Corporate Secretary State of Minos City of Schaumburg } SS: Subscribed and swum to, before me,- a Notary Public of the State of 111i;:ois, in the City of Sctiauruburg, this 20th day of March, 2007. Rotary Public OFFIC SEAL 3 PrIARLO G F N(7TAf2Y'PI1B[IG - STATEOkLINOIS - ~~tl' C441MlSSION D(t?IRES 11;Z5107 rv~..v~~_s~.,, i ~~,e~ ®~~-eds~~ ~ a~►rr ~w~7LJRHIrvC y 03/12'2008 PRODUGER This certificate is issued as a matter of information only and confers no rights MCGRIFF, SEIBELS & WILLIAMS, INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the P.O. Box 10265 coverage afforded by the policies below. Birmingham, AL 35202 =--°15-252-9871 COMPANIES AFFORDING COVERAGE Company ACE American Insurance Company A INSURED Company Illinois National Insurance Company Progressive Roofing, inc. ✓ B 2911 South Preachtree Balch Springs, TX 75180 Company Firemans Fund Insurance Company v Company 11~ Company t E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY LT EXPIRATION A GENERAL LIABILITY v XSLG20559238 08101/2007 EACH OCCURRENCE $ 1,000,000 ® Commerciat General Liability / 08101/2008 FIRE DAMAGE $ 100.000 ❑ Claims Made 0 0.=nsnce % MEDICAL EXPENSE S EXCLUDED ❑ Oum=re' 2nd Conua;:crs' Protection ® General Agg Limit aj"ies per: Location PERS. AND ADVERTISING INJURY $ 1,000.000 O GENERAL AGGREGATE $ 3,000,00 General Agoregat_ Limit applies per, I - PRODUCTS AND COMP. OPER. AGG. S 3,000,000 ❑ Policy I$I Project C Location i AUTOMOBILE LIABIUTY I COMBINED SINGLE LIMIT ❑ Any Automobile JI $ All owneI Autonlobles BODILY INJURY Fer person) $ scheduled Automa„iles BODILY INJURY Per accident $ Hired Automobiles PROPERTY DAMAGE Per accident $ ❑ Non-awned Aulamobi:es COMPREHENSIVE f-1 COLLISION A WORKERS' COMPENSATION ;WLRC:44004069 08/01/2007 WC Statutory Limit X Other AND EMPLOYERS' LIABILITY 08/01/2008 Loo` EL EACH ACCIDENT $ 1,000,000 . EL DISEASE Each employee) $ 1,000,000 6' EXCESS LIABILITY BE565547 EL DISEASE (Policy Limit $ 1,000,000 08/01/2007 EACH OCCURRENCE $ 10,000,000 IXI oc.rence ❑cla>ns biz a 08101/2008 AGGREGATE $ 10,000,000 C CONTRACTOR'S EQUIPMENT MZ197507131 08/0112007 Leased/Rented Equipment $ 170,000 tnstallationlBulder's Risk 08101/2008 Deductible $ 5.000 Limit $ 2.000.000 Deductible $ 5.000 $ RE: Bid 3915 Roof work at multiple locations - Items 1 Chill Tower The Citv of Denton, its Officials, Agents, Employees and volunteers are included as Additional Insured ion a primary and non-contributory basis u der the General Liability coverage for %tiork performed by the Named Insured under written contract subject to policy terms, conditions and exclusionsaiver of Si iLro8ati_ Qn Q the Workers Compensation and General Liability applies in favor of the aforementioned Additional Insureds as required by written contract subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 9A57S J WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. amity of Denton Authorized Representative 604 E. Hickory Denton, TX 76205 t Page I of 1 Certificate 10 At 16HYVG4W "tea ~ a~ t`ss1 t G %J F- L "AL31" 1 T 11.400 'CHIVL,rC -PRODUCER 0311108 IVIA/Guastella Group, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 240 - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Athol Springs, NY 14010 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ^x'648-5000 - INSURERS AFFORDING COVERAGE NAIC # tED Progressive Services Inc. INSURERA: Travelers Property Casualty Co of Am 25674 dba Progressive Roofing V `pX INSURER B: 2911 S Peachtree Rd INSURER C: Balch Springs, TX 75180 17r~ INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION GATE MMlDDlYY OATS MMIDDIYYI LIMBS GENERAL LIABILITY EACH OCCURRENCE $ -1 COMMERCIAL GENERAL LIABILITY PRE I GE 3 RENTED $ CLAIMS MADE F] OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMI r APPLIES PER: POLICY PRO PRODUCTS - COMPlOp qGG S JEC~tr°T' LOC A AUTOMOBILE LIABILO y/ 8101830B795TIL08 02N 4l08 02!14!09 X ANY AUTO ✓ EaMaoad D SINGLE LIMIT $2,000,000 ALL OWNED P.UT'OS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS - X NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F ]CLAIMS MADE AGGREGATE g DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND S WC MATT- OTH- EMPLOYERS' LlA81UlY T ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ SPECIAL PROVISIONS below OTHER E.L. DISEASE -POLICY UMTr $ DESCRIPTION of OPERATIONS ! LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS City of Denton its Officials, Agents, Employees and Volunteers are included as Additional Insur d(p) under the Auto policy on a primary basis with respect to services performed by or on behalf of the Named Insured ATIMA subject to the polic terms, conditions, and exclusions. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION / SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Denton! DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 604 EHickory -30.li~swRrrrt:N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Denton, TX 76205 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOP,IZED REPRESENTATIVE ACORD 25 (2001108) 1 of 3 #604016 ADMC O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08)~ 2 of 3 #604016 LETTER OF TRANSNIITTAL Progressive Services, Inc. d.b.a. Progressive Roofing 2911 S. Peachtree Road Balch Springs, Texas 75180 DATE:- 3 ~5) O9 Phone: (214)348-7663 JOB NO.: Fax: (214)348-7665 (f/L~ _ Lt'~~-gip e LbcGs RE: TO: 1~ ~7 srl 71 atm. ~Tx ^l t~ ATTN. WE ARE SENDING YOU ❑ ATTACHED ❑ UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: ❑ SHOP DRAWINGS ❑ PRINTS ❑ PLANS ❑ SAMPLES ❑ SPECIFICATIONS ❑ COPY OF LETTER ❑ CHANGE ORDER ❑ OTHER COPIES DATE NO. DESCRPITION -IL B m ~ THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ APPROVED AS SUBMITTED ❑ RESUBMIT ii FOR YOUR USE COPIES FOR APPROVAL ❑ APPROVED AS NOTED ❑ SUBMIT COPIES FOR DISTRIBUTION ~1S REQUESTED ❑ RETURNED AS NOTED ❑ RETURN CORRECTED PRINTS ❑ FOR REVIEW AND COMMENT ❑ OTHER ❑ FOR BIDS DUE: ❑ PRINTS RETURNED AFTER LOAN TO US RE1~IaRics: vr~• t_s S= ~ SIGNED: