HomeMy WebLinkAbout1997-126ORDINANCE NO CO -IX(O
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated 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
SECTIONI That 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
BID I
AMOUNT
NIJMBER CONTRACTOR
2043 H & J CONSTRUCTION $ 78,200 00
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
1
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
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 V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the - to --day of / 1997
JA ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY _
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE MAY 6, 1997
TO Mayor and Members of the City Council
FROM Kathy DuBose, Executive Director of Finance
SUBJECT BID # 2043 -- FRED MOORE PARK ACTIVITY STAGE
nErnMMFNDATION: We recommend this bid be awarded to the lowest bidder, H & J
Construction, in the amount of $78,200 00 with completion in 40 calendar days from notice to
proceed
SUMMARY: This bid is for the materials and labor to furnish and install an octagon shaped
activity stage and canopy The stage will be 44 feet from post to post and the canopy will measure
48 feet from eave to eave The area under roof will be 1,629 square feet Tlus is an all steel welded
pre -fabricated structure over a concrete stage with hand rails and lighting
The site location is near the corner of Wilson and Bradshaw in the Fred Moore Park
nOG AMC DFPARTMFNT= ORGROUPS AFFECTED. Parks Department Activities and
Citizens utilizing Fred Moore Park
FIST Ar IMPACT: Funds for this park improvement will be taken from CDBG funds account
number 219-05C-CDCF-8502 ($44,425) and Park Improvement funds account number 453-038-
PARK-9629-9009 ($33,775)
Attachments Tabulation Sheet
Respectfully submitted
iKat40se
Executive Director of Finance
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
869 AGENDA
BID # - - -- — 2043 — —
BID NAME Fred Moore Park Activity e MART
ty Stag
INC
OPEN DATE April 24,1997
_# I fITY DESCRIPTION — _ J — VENDOR
- — - — - - — BASE BID f- $95,997 00
INTREPID H & J
CONTRACTORS CONSTRUCTION
VENDOR-_
$146,841 42
VENDOR
$78,200 00
4
CONTRACT AGREEMENT
STATE OF TEXAS S
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 6 day of
MAY A.D., 19 97 , by and between the
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thersunto duly authorized so to do, hereinafter termed "OWNER," and
H 6 J CONSTRUCTION
151 SOUTH MAIN STREET
KELLER, TEXAS 76248
Of the City Of FELLER , County of TARRANT
and State of
TKXAs , 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 # 2043 - FRED MOORE FARE ACTIVITY STAGE
in the amount of $78,200.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
the conditions and
in the
Proposalattachedheretoaccordance , and in aprices d
ccordance ith all alGeneral
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performancaccordance and Pant with theeplans, whichllincludesedalleretol maps, andin
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON PARKS & RECREATION DEPARTMENT STAFF
all of which are made a part hereof and collectively evidenge and
constitute the entire contract.
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, workers
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.
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
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
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
.1
I
A T•
Rashaan Tinker
APPROVED AS TO FORM:
City Attorney
AM0184D
Rev. 07/28/94
CA - 3
CITY OF DENTON
owNER__.
By
0
(SEAL)
H & J CONSTRUCTION
CONTRACTOR
151 South Main Street
Keller, Texas 76248
MAILING ADDRESS
817-379-55-49
PHONE NUMBER
817-379-5539
PAX
President'
ji If L
Henry J. Tinker
PRINTED NAME
(SEAL)
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL XIN BY THESE PRESENTS: That H e I CONSTRUETION
, of the City of XELLER
County of TARIM , and State of TEUS
as PRINCIPAL, and rcba Rnzarne C3WW
as SORER'Y, authorised under the laws of
the state of Texas to act as surety on bonds for principals, are
held and, firmly bound unto the CITY OF D1EWM
as OWNER, in the penal sum of SEVENTY EIGHT THOUSAND TWO HMIM and
021100 Dollars (S 73,200.00 ) for the
Payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 6 day of MAY t
19,s7 , for the construction of HID i 2043 - FRW HDORE YANK ACTIVITY
STAGE
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NoW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full fares and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2233 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
it they were copied at length herein.
Ps-1
g0®I HOIp[ns,m0o f H 6Cgg BLC ITS 7V3 LC CT Is, go/80
PROVIDED TMTSER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
surety, for value received, stipulates and agrees that no
change, axtension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, entension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and surety have signed
and sealed this instrument this 9th day of ft97
,
l9
�H & J construction
Principal
By Henry J. Tinker zc..'�d
Title President
Address: 151 South Main Street
Keller, Texas 76248
.. .- w..�
� t4 4 � �
. -
Address: sac N=th Caitral may, Snte 223
Plano, TX. 75074
(SEAL) (SEAL)
,j
The name and address of the Resident Agent of surety is:
NOTE: Date of Bond must not be prior to data of Contract.
AAhO1840
Rev. 07/38/94
PS - 2
9012
NOId.3agsN0:) f 8 vess BLC 09 Iva LC CT 18, 20/90
PAYMENT BOND
STATE OF TEXAS
COUNTY Or DENTON
E
I
KNOW ALL j= Sy TSESE pnSENNTS: That H 6 J CONSTRUCTION
of the City of KELLER
County of TAT , and the state of TEIAS ,
as principal, and Nobel DM=Moe °MPM
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto the
CITY OF DENTON , ONNER, in the penal sum of
SEVENTY EIGM TWO NNMRED and 00/100 - - - - - -Dollars ($1s.zoo.00 )
for the payment vhereof, the said principal and surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHERE S, the principal has entered into a certain written
contract with the Owner, dated the . 6 day of MAY
19 97 .
BID 9 2043 - FEW MOORE PARK ACTIVITY STAGE
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOWT THEREFORE, THE CONDITION OF TMS OBLIGATION Is SUCH,
that if the said principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full fares and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Govenment Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
pB-3
LOt NOIloaUSNOO f B VC29 BLC 08 YV3 LC CI M 20/20
surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanyinq the same, shall in any vay
affect its I 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 parfatmed
thereunder.
IN WITME99 WAZRE0F, the said Principal and Surety have
signed and, sealed this instrument this ckh day of v
19 97 .
H & J Construction
Principal
By Henry J. Tinker
Title President
Address: 151 South Main Street
Keller, Texas 76248
]address: 500tbrf 0atral y saute 221
plan, TC 75C174
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
... ILT 1-� •:
AM01940
Rew. 07/28/94
PS-4
got moijoausmoo r H 9Cg9 SLC LIS IY3 LC CT M 90/90
NOBEL INSURANCE COMPANY
629385
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSURANCE COMPANY has made, constituted and appointed, and by
these presents does make, constitute and appoint
Dennis H Moore, Jeffrey L Bolin or Karen Kubica
its true and lawful attomey-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company as surety, bonds
undertakings and contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
************Three mullion five hundred thousand ($3,500,000)************
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Company on the 24th day of August, 1995
RESOLVED that the Cbmimm of the Board, the Vice Chmrmm of the Board the President, an Exmuuve Vice President or a Sector Vice President or a
Vice President of the Company be and that each or any of them is, Mahound to execute Powers of Attorney qualifying the morney in fact named to the given Power
of Attorney in "mute in behalf of the Company bonds Undertakings end all contracts of grerysWp and that an Assistant Vim President, a Secretary in an Asmaunt
Secretary be and that each or my of them hereby Is authored to West the "MUM of any such Power of Attoaeay and to attach therm the seal of the Company
FURTHER RESOLVED that the signanum of such officers and the gal of the Company may be affixed to any such Power of Attorney or to any
simile
m,flitsm missing theme by
Company when an affixed and in the foram with respect to any bond, undertaking e and my such Power of Attorney in certificate or contract of saing each gsuietyshhp towhichit is atimile tached al shall be valid and binding upon
In wining Whereof, NOBEL INSURANCE COMPANY has =and Its officml seal to be hereunto affixed and the" presents to be signed by one of its
Vice Residents and attested by one of its Assistant Vice Presidents this Im day of October 1995
NOBEL INSURANCE COMPANY
Attest By
�,ue}NP/ eu
A " SEAL ' ` 6
William Osceola Gordo Assistant Vice President Emil Askcw Vim President
STATE OF GEORGIA
} SS
COUNTY OF DEKALB
On this Ist day of October, 1995, before me personally came Emil B Askew to me known who being by me duly swom did depose
and say that he is a Vice President of NOBEL INSURANCE COMPANY the corporation described in and which executed the above
instrument that he knows the seal of the said Corporation, that the seal affixed to the said instrument is such corporate seal that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order
OFFICIAL SEW.
fw.
LENOM N CAPE
NOTMY PUBLIC
MY COMMISSION EXPIRE
AUOUST S 190e
CERTIFICATE
Lenora "t e�---
NOTARY PUBLIC
My Commission Expires August 3 1998
I, the undersigned, an Assistant Secretary of NOBEL INSURANCE COMPANY a Texas corporation DO HEREBY CERTIFY that
the foregoing and attached Power of Attorney remains in full force and has not been revoked and furthermore that the Resolution of the Board
of Directors, set forth in the said Power of Attorney is now in force sy��Y�^
Signed and sealed at the city of Atlanta in the State of Georgia. Dated the — day of / y ' wr 19
�,eu""FFf e
d� a /►- ,, -
` SEAL ' C►.k� g "�"""
Charles B Cape, Assistant Secretary
...ra maroon
a:ORn. CERTIFICATE INSURANCE'
a cl 04o797
Plpouo�
OONNLYFANR0CCONFOR6 IS NOURIIGGHTS UPON THE OCERTIFICATE INFORMATION
HOLDER THIS CBRTIPICATE DOBB NOT AMEND EMEND OR
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Box: xaeurBmae Agency
ALTER THE COVBRAOBAPFORDED BY THE POLICIES BELOW
1200 S. 1Laia, a iS00
COMPANIES AFFORDING COVERAGE
Grapevine T% 7Suit
COMPANY
p The Ohio Caenelty Group
VOURM
COMPANY
B
Henry Tinker DVA
COMPANY
O
H a J Construction
151 South Hain Street
COMPANY
Roller T% 76248
COVERAGES
TO CERTIFY THAT THE POLICIES OF INBURANCB LIBYBD BELOW HAVE BP.lN 186U1D TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
WITH RESPECT TO WHICH THIS
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INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
ESCRIBEDS UB.IECT TO ALL THE TEi1M8,
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MAY Be ISSUED OR MAY PERTAIN, THEXCLUSIONS
ECIRTWICATE By PAID CIJ1 M9IN
AND CONDITIONS OP SUCH POLICIES LIIMITS SHHOWN MAYAPPOROHAVE BEEN
POLWVMWB THE POLICTIOPUNTION WERE
Do TYPE OF INIMIN 1NCE POLICY nMBeE DUI S BURG" DATE IMEMBOFTY1
OESERALAGGREGATE 0 a 000 000
DeHRAL LIABILITY
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PERSONAL B AOV IWURY 01,000,000
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CERTIFICATE OF PREMIUM PAYMENT
id
nto the State
nd
reglui ed by law.tThe eforrecy he employer la entged,to the rights and surance u the nd benefits t of the
fundfor the period Specified.
THIS CERTIFICATE MUST BE CONSPICUOUSLY POSTED
pWI00 SPECIFIED 9R DW
R18K NO AND EMPLOVER
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1109306
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A .011/01/1997 THRU 08/31/1997
CIOBUS
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DWO.IM (RRV 3XG) ADMINIR7:IATO0
-MIS C1pMCATB MAY 59 REPRODUCED AS N£EDED
12/03 '97 11.06
WRX NO. 0911 P01
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
e 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
e 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
AFfa0BA1
REVISED 1011ZM
Insurance Requirements
Page 2
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.
• • That such insurance is primary to any other insurance available to
the additional insured with respect to claims covered under the
policy and that this insurance applies separately to each insured
against whom claim is made or suit is brought The inclusion of
more than one insured shall not operate to increase the insurer's
limit of liability
• All policies shall be endorsed to provide thirty(30) days prior written
notice of cancellation, non -renewal or reduction in coverage
• Should any of the required insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of three years
beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the
contract shall be covered
• 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
AFFOMAI
WVISED 10112M
Insurance Requirements
Page 3
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
pq A General Liability Insurance.
General Liability insurance with combined single limits of not less than _
S 5 o o o n n - n n shall be provided and maintained by the contractor The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used
• 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 (XCLI) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability
AFFWRAI
REVISED I0112194
Insurance Requirements
Page 4
H Automobile Liability Insurance -
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500, 000. OOeither 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, hued and non -owned autos
pQ 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)
I I 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
AFFOOSAI
REVISED 10112/94
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's Lability insurance Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate
[ I 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
[ I 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
[ I 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
I 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
AFFOMAI
REVISED 10/12M
Insurance Requirements
Page 6
ATTACHMENT 1
pQ 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) -
inciudes 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
AFFWBAi
REVISED MUM
Insurance Requirements
Page 7
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
(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
mad 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
AFPMGAI
REVISED 10112M
Insurance Requirements
Page 8
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) 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,
(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 mad 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
AFFOMAi
REVUIM 10112 1
Insurance Requirements
Page 9
17) 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 cover-ige 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 entities 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
AFFWRAI
REVISED IOIILM
FORM OF PROPOSAL
DATE 4/24/97
PROJECT BID C=43-
FRED MOORE PARK ACTIVITY STAGE
FRED MOORE PARK, 613 LAKEY STREET, DENTON, TEXAS
PROPOSAL OF H & J Constructi
($eremafter called "Bidder"), Sole P r o nr i e t n -abz4
a corporation,
an individual doing business as H F. T ran at r„rt , .,.,
TO CITY OF DENTON
% PURCHASING AGENT
901-B TEXAS STREET
DENTON, TEXAS 76201
a partnership,
The Bidder, in compliance with your Advertisement for Bids for the above referenced project,
having become thoroughly familiar with the terms and conditions of the proposed contact
documents and with local conditions affecting the performance and cost of the work at the place
where the work is to be completed and havrrig fully inspected the site in all particulars, hereby
calendar days upon Nonce to
proposes and agrees to fully perform the work within 40
Proceed, and in strict accordance with the proposed contract documents, for the following sum
of money
BASE BID:
seventy Ei ht Thous DOLLARS
($ 78,200.00
BID ITEMS:
BID ITEM No. ONE: inserts finishing and removal
Concrete stage including grading, forms, reinforcing, setting
of construction debris.
Ten Thousand Dollars DOLLARS
($ 10,0)0.00 )
BID ITEM NO. TWO:
Purchase and deliver pre-engineered structure to site
Fifty, „ .. DOLLARS
BID ffFM NO. THREE:
Erect pre-engineered structure including handrails.
Three Thousand Dollars DOLLARS
BID ITEM NO. FOUR:
Paint and stain as specified pre-engineered structure including handrails
nna ThnncanA nnri Riva unnAred Dollars DOLLARS
($_ 1 snn,nn )
BID ITEM NO. FIVE:
Furnish and install electrical as specified including connection to electrical service
rya,—Tho a e a ' fTi�nArr+�ns-lirn DOLLARS
The Bidder further proposes and agrees to commence work under this contract within ten (10)
days after the date established in a written Notice to Proceed and to fully complete all work
thereunder as set forth in the Form of Proposal
Page 1 of 2
The Bidder further agrees, and acknowledges that the following addenda have been received and
that the portions pertaining to the section(s) that he is bidding on have been incorporated Into this
proposal
No. One, dated
No. Three, dated
Signed and notarized affidavit form is attached
Respectfully submitted
m
Title
For
14 F. T-
Name of Contracting Film
19;1 Cnntfi Main Strout
Number
Address
ijyfllT
\ \
No. Two, dated —
No. Four, dated
((%corporation, attest and
T T
ry inkar
By— uPn— - — --
Bidder's Corporate Charter
TX 7r,?aA
Page 2 of 2
I
{I
11
1
I
I
H
1
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i
I
I
1
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I
Ihnirr l esas Family Code, %cclion la i2, a sole proprietorship, partnership, corporation, or other entity in »hsch a
,,,It proprietor, partner, a nwiorily shareholder of a corporation Oran owner of 10% or more of another business
ild
nrt
a court
r or a written
not thgd le to bad oniore or recvite aent in ilalt contract. tlo comply ly under
section 14 $2cthe affidavit below must agreement signed h u
the Ixnon who is authorized to sign and subalit a bid oil hthalf of a business entity (lint is sulipect to section 1432, and
thereby bind the bidder lilt affidavit most be returned with this bid ANY CURI'ORATION, INCLUDING A
NONPROFIT CORPORAL ION, I HAT DOES NOT HAVE A MAJORITY SIIAREIIOLDER 1VIIO IS A
NATURAL. PERSON CAPABLE OF BEING A CHILD SUPPORT OBLIGOR, AND GOVERNMENTAL ENTITIES
ARE NOT SUBJECT TO SECTION 14 52 OF THE TEXAS FAMILY CODE. IF A BIDDER IS SUCH A
CORPORATION, PLEASE CHECK BELOW.
Corporation without Natural Person. NInjority Shareholder ❑
AFFIDAVIT
FAILURE OF AN ENTITY SUBJECT TO SECTION 14.52 OF THE TEXAS
FAMILY CODE TO SIGN AND RETURN THIS AFFIDAVIT WITH THIS BID
WILL RESULT IN TIIE DISQUALIFICATION OF THE BID.
T am authonced to sign this bid on behalf of HP^ ^�
I, a ...aJ.,.ralces (N-ome of Bidder)
(Nalnc and Tide)
I certify that no Snl a Prnn i sr
a (sole proprietor for sole
(type of business i e soli proprietorship. partnership, corporation or other)
proprietorship or, partner for a partnership, or majority shareholder for a corporation or 10`ii or more owner for other entity )
is 30 days or more delinquent in child support payments required by court order or written repayment agreement
4/24/92
Date
SWORN AND SUBSCRIBED to before me the undersigned i
19 Qy
--
ry Signature94
IF AFFIDAVIT IS REPRODUCED OR FAXED,
CONSIDERED
(SEAL)
THE NOTARY SEAL MUST BE LEGIBLE TO BE
8/ 16/94
YJ
A COPY OF THIS FORM MUST BE SIGNED BY EACH PROPOSED CONTRACTOR
ANDSUBCONTRACTOR
CERTIFICATION OF PROPOSED CONTRACTOR/SUBCONTRACTOR
REGARDING SECTION 3 AND SEGREGATED FACILITIES
u )z .T rrnn a* ruc t l nyCOMMLNITY SIDEWALKS -WEST SIDE
Name of Prune Contractor or OF BOLIVAR
Subcontractor R-95_MC-48-0036
Project Name and Number
The undersigned hereby certifies that
A) Section 3 provisions are included in the Contract
B) As contractor/subcontractor I agree to recruit new employees from the project
neighborhood New lures will be tracked and information submitted to the City of
Denton for verification NOTE: SECTION 3 COMPLIANCE INFORMATION
MUST BE SUBMITTED TO THE COMMUNITY DEVELOPMENT OFFICE,
100 WEST OAK STREET, SUITE 208. A BREAKDOWN OF
SUBCONTRACTORS AND EXISTING WORK FORCE MUST BE INCLUDED
(SEE PRECEDING FORMS).
C) No segregated facilities will be maintained
T mt o- nrsari rinnt
NAME AND TITLE OF SIGNER (PRINT OR TYPE)
J 10A ioF7
SIGNAn# DATE
�w
PROPOSED SUBCONTRACTS BREAKDOWN
For the period covering , 1996 through , 1996 (DumdProject)
Type of Contrail I Total Number of I Total Approximate I Est # of Contracts I Estimated Dollar
Business or Prof Contracts Dollar Amount to Project Area Amount to Project
Businesses* Area Businesses*
'The Project Area is coextensive with the City of Denton's boundaries
Company
Project Name Project Number
C-7
U S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF CONTRACTOR/SUBCONTRACTOR REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
This certification is required pursuant to Executive Order 11246 (30 F R 1231-25) The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an
initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract
subject to the equal opportunity employment clause and, if so, whether it has filed all compliance reports due under
applicable instructions
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such
bidder shall be required to submit a compliance report within seven calendar days after bid opening No contract shall be
awarded unless such report is submitted
CERTIFICATION BY BIDDER
NAME AND ADDRESS OF BIDDER (include ZIP code)
H S J Construction
151 South Main Street
Keller, Texas 76248
I Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause
X Yes No
2 Compliance reports were required to be filed in connection with such contract or subcontract
X Yes No
3 Bidder has filed all compliance reports due under applicable instructions, including SF-100
. Yes No
4 Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended9
Replaces form HUD 427 1 xiuch n eb3Wete HUD 950 1 (11 79)
Lem
(d) List the names and addresses of all other persons having a substantial interest in the undersigned and the nature of the
interest
NAME I ADDRESS I NATURE OF INTEREST
(a) List the names, address and trade classifications of all other building construction contractors In which the undersigned
has a substantial interest
NAME I ADDRESS I TRADE CLASSIFICATION
7T f T riFlnnh-nil r+fil nn
(Corvrocror)
f 1