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Home My WebLink About1997-348ORDINANCE NO '7 /-,5 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 SECTION I 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 NUMBER CONTRACTOR AMOUNT 2080 DBR CONSTRUCTION $ 53,327.00 SSECTION 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 SF,CTION 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 That this ordinance shall become effective immediately upon its passage and approval 01 PASSED AND APPROVED this the Al day of e'eR 0r.,1997 &a,C JACK MILLER, MAYOR 'ham 1� `7'-��,,. ATTEST JENNIFER WALTERS, CITY SECRETARY zmg APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY A" N IdIMM BID # 2080 BID NAME COMMUNITY SIDEWALKS - WEST SIDE OF BOLIVAR OPEN DATE 8-7-97 ti QtI DRSORIPTION --- BID AWARD TOTAL BID BOND H & J FLOYD CONST SMITH _ VI1aNL1RR V$I�iDOR — $49,318 00 $53,886 05 YES YES DBR CONST --VENDOR_ $53,327 00 YES CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 2 day of DECEMBER A.D., 19 97, by and between 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 nRR CONRTRNCTTON 2301 HINKLE DR DENTON, TX 76201 of the City of DENTON , 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.# 20RO -- COMMUNITY SIDEWALKS -WEST SIDE BOLIVAR in the amount of $53,327.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; acid 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 attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA - 1 accordance with the plans, which includes all maps, plats, blueprints, and otherdrawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: all of which are made a part hereof and collectively evidence and constitute the entire contract. P, C-T.=, — iwiwwm 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. 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. [1@oT-3. - . f - 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 bomplete 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. APPROVED AS TO FORM: City Attorney AAA0184D Rev 07/28/94 rENTQN OWN;By (S�EAL) DBR CONSTRUCTION CONTRACTOR 7/®i7 (t>/77LYI/JC NAILING ADDRESS 9 ). � 3 _ �oo� HO�N•E NUMBER �b;XER ;� BY Z CA - 3 PRINTED NAME (SEAL) '�JND PREMIUM BASED ON FINAL CONTRACT PRICE THE STATE OF TEXAS COUNTY OF DENTON Bond #729568 KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose addroos is 2301 Hr orat DRCaR ., TX 76201, herotnatter called Primcipal, and State Of Indemnity Cornorari �n a corporation organized and existing under the law$ of the TEXAS, and fully authonmd to transact business in the State of Tcus, as Surety, are held ad fim* bondlaws of the Stateof Texas htyerwnait la i umciPOwner�m the penal � and existing under the FIFTY THREE THOUSAND TIME HMRED TWENTY SEVEN and no/100 — add3honal court exp,327.00) Plus enses, Pereent of the stated petrel sum as an additional sum of money representing Penes, attomeyst fees, and hqutdatcd damages ensmg out of or connected month the below identified Contract, and lawfhl money of the United Staten, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our hens, executorsi admiustrators, Successors, and assrgrM jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement winch =team the Contract price, but in nevent shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of thiso Bond. THE OBLIGATION TO PAY SAME is conditioned as follows. Whereas, the Principal entered into a certain Contract, tdenti$ed by Ordma oce Number 97-349, with the City of Denton, the made pan eteo& foer, dated the 2 ur BID # 0y of 80BE COMMUMTY SIDE A X hereto attached and BOLIVAR. WEST SIDE OF NOW, THEREFORE, if the Principal shall well, truly and farthfullyperform and fttlfiA all of the undertakings, covenants, terms, Conditions and agreements of said Contract in accordance w the Plans, Specifications and Contract Documents during the original term ith thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the hfe Of any guaranty or warranty required under thus Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duty authonzed modifications of said Contract filar may hereafter be made, notice of winch modifications to the Satiety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and l accworkeptanceanship that appear within a period of one (1) Year 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 on by reason of failure to so perform herem and alien fully reimburse and repay Owner all outlay and expense which the Owner may uteur in staking good any default or deficiency, then thus obligation shall be void, otherwise, it shall remain m full force and cl%ct PF.RFORM\NCE BOND - Page 1 PROVIDED FURTHER, that if any loge( action be filed upon this Bond, exclusive venue shall he in Denton County, State of Texas. AND PROVIDED FURTHER, that the sod Surety, for value reserved, hereby stipulates and agrees that no change, extension of hmo, alteration or addition to the terms of the Contract, or to the Worts to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying same, shall anywise affectth its obligation on this Bond, and it does hereby waive mince of any such in change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be peed thereunder, or to the Plans, Specmficahons, 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 tha Surety herem w the Resident Agent in DENTON County to whom any regtusite notices may be delivered and on whom service of process may be had in mattent erasing out of such suretyship, as provided by Article 719-1 Of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which ahiall be deemed an original, this the 2 day of DECEMBEl2,1997. �tx `q�v �✓i ATTEST. PRINCIPAL 3 � s DER action C a v. Inc `9 3 G, BY 211 . SECRETE W4t44Si1D2ENT ATTEST, SURETY P? O RA T70 N a i of Ind mnit _Corporation O 1 BY: BY _ ? ATTO -IN-FACT Mary Hart Candace Damiano O t ." The Resident Agent of the Surety in Denton Cgpnty, Texas for delivery of notice and acrviFc" the process is, l Idv') NANM V R Damiano, Jr STREET ADDRESS 17774 Preston Rd , Dallas, TX 75252 (NOTE Date of Performance Bond must be date of Contract If Resident Agent rs not a Corporation, give a rson,s name,) PERFORMANCE BOND - Pago 2 BOND PREMIUM BASED ON FINAL, CONTRACT PRICE Bond IF729568 TM STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That DBR CONSTRUCTION, whose address is 2301 HIIq= DR., DENTON, TX 76201, hereinafter called Prince pal, and a corporation organized and existing under the laws of the State of T1 XA8, and fully audonzed to transact business in the State of T as S and firmly bound unto the City ofDanton, a municipal Texas, taety, are hold laws of the State of Texas, cotpotatioa ° and wnsdo �a hereinafter called Owner, and unto all persons, firing, and corporations who may furmsh materials for, or perform labor upon, the building or improvements hereinafter rcfemed to, in the penal sum of FIFTY THREE THOUSAND THREE HUNDRED TWENTY SEVEN and 00/100— (S$39327.00) in Iawfhl money of the United States, di to County, Toxas, for the Payment of which anm well and truly to be made,, wee hem be pbind ourselves, in n Dan a our heirs, executors, admrmstrators, ancees"M and assigns, jointly and severally, fiery by these presents. This Bond shall automatically be increased by the amount of any Change Order or orSPl Agreement which increases the Contract prim but in no event shalt a Change Order upplemental 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 97-348, with the City of Denton, the Owner, dated the 2 day of DECEMBER, A.D I997, a copy of which is hereto attached and made a part hereof; for BID # 2080 — COMMUNITY SIDEWALKS — WEST SIDE BOLIVAR. NOW, THEREFORE, if the Principal shall well, ashy and faithfully perform its duties and In prompt payment to all persons, toms, 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 eftL PROVIDED FURTIMR, that If any legs( action be filed on this Bond, exclusive venue shall Ire in Denton County, Texas AND PROVIDED pURTBHR, that the said S vcd, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work P�arimed thereunder, or to the Plans, Specifications, shall in anywise affect Its obligation on this Bond, and It do �Yca ��k� n anythe change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be Perforitied thereunder, or to the Plans, Specifications, Drawings, etc. PAYMENT BOND - Page 1 Thin Bond la given pursuant to the Provtaions of Chapter 2253 of rho Texas Government Coda, as amended, and any other applicable statutes of tho State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Reaxlent Agent in DENTON County to whom any Mquisite notices may be delivered and on whom aetvloc of process may be had in Mellen: arising out of such suretyship, as Provided by Article 7.19-1 Of the Inauranae Code, Van oul Annotated Civil Stadrtes of the State of Texas. IN WITNESS WHEREOF, this instrument is accuted in 4 coptea, each one of which shall be deemed an original, this the 2 day of DECE1ViBM 1997. ATTEST: PRINCIPAL DBR Construction Company, Inc. ° �N't •1 BY1 BY SE TARY P EN ATTEST. SURETY Capitol Indemnity Cor oration ry BY BY "gyp �VPoR4 rN, Mary art ATTORNEY -IN -FACT Candace Damiano o0 The Rgsident Agent of the Surety in Denton County, Texas for delivery of notice and aeMde er%cr: Process is J u L•% `! NAME--Daminno,�O11dV� STREET ADDRESS: 17774 Preston Rd , Dallas, TX 75252 (NOTE Date of Payment Bond must be date of Contract If Resldent Agent is not a corporation, give a ens name.) PAYMENT BOND - Page 2 46AW INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900 PLEASE ADDRESS REPLY TO P O BOX 5900 MADISON WI 53705 0900 PHONE (608) 231 4450 • FAX (608) 231 2029 POWER OF ATTORNEY No 455986 Know all meta by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of WisFonsirr, having Its principal offices In the City of Madison, Wisconsin, does make, constitute and appoint -- --- V R. DAMIANO, JR , JAMES V DAMIANO, CANDACE DAMIANO,---------- — ------ ----- --+—KATHY R ZACHAREK, KENNETH ZACHAREK, SHERRI L SCHRAER its true and lawful Attorney(s)-m-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and Contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ------ -----_ NOT TO EXCEED $5,00o,oDo 00----.-_ —_ .__._.._-.—__._—.—__--- 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 CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960 ` RESOLVED, that the President and Vice President, the Secretary or Treasurer acting individually or otherwise be and they hereby are granted the power and authoridahpn to appoint by a Power of Attomey for 0 purrppooses only of executing and attesting bonds and unde"m n'8 and other wnttngs obligatory m the {refute thereof one or more resident mice-presid3pts asslStant secretaries and attorneys) In fact, each appointee to have the powers and dunes ueual to such ottices to the busme€s of thfa company, the signature of such oifroers and seal of the Company may be aflaed to any such power of Attomey or to any certificate relating tM1erero by facsimile and any such power of at or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undenaking or other writing obligatory in the nature thereof to which it Is attached Any Such appointment may be revoked for cause or without cause by any of said officers at any time IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these Presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1993 Attest „ J 1;1 Vkgdlne M 84hulte Secretary STATE OF WISCONSIN COUNTY OF DANE CAPITOL INDEMNITY /CORPORATION ta1111111aH///p � A �t� av D 00RPORATeg Geo Fait, President sEAL s , '�,scaur"�Yp 'exumnnnln On the 1 st day of June, A D , 1993, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say that he resides in the County of Dane, State of Wisconsin, that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument that he knows the seal of the said corporation, 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 corporation and that he signed his name thereto by like order olpnurui/� STATE OF WISCONSIN OF DANE rANs Peter E Hans COUNTY Notary Public, Dane Co , WI n�vva° MY Commission Is Permanent nunnmtp° CERTIFICATE 1, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, s Wisconsin Corporation, authorized to make this certificate DO HEREBY CERTIFY that the foregoing 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 Power of Attorney is now in force Signed and sealed at the City of Madison Dated the 11111 2nd day of December 1997 +Q�MNIiYCO //� d o 0 n CORPORATE$ � SEAL J Bre er Treasurer ki3C 6,N This power is valid only if the power of attorney number printed tin mIII e upper right hand comer appears in red Photocopies carbon copies or other reproductions are not binding on the company Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Capitol Indemnity corporation IMPORTANT NOTICE To obtain information or make a complaint You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P 0 Box149104 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 agent or the company first If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY. This notice is for information only and does not become a part or condition of the attached document 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 AN 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 AAM0350 REVISED 10/12104 Cl - 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 evidende of reinstated coverage as required by this contract, effective as of the lapse date if insurance is not reinstated, C,ty may, at its sole option, terminate this agreement effective on the date of the lapse AM00350 REVISED 10/12/94 Cl - 2 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: 1XI A. General Liability Insurance. General Liability insurance with combined single limits of not less than 1,000,000 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 (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability AAA00350 REVISED 10/12/94 Cl - 3 Insurance Requirements Page 4 [XI Automobile Liability Insurance. Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500,000 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 [XI 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 Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during -he 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 MA00360 REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 "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 I 1 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 1 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 1 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 AAA00350 REVISED 10/12/94 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [X1 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 entitles 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 AAA00350 REVISED 10/12/94 Cl - 6 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 and 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. AAA00360 REVISED 10/12194 CI " 7 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 and 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 mail or personal delivery, within 10 days after the person knew or should have know n, of any change that materially affects the provision of coverage of any person providing services on the project; and AAA00350 REVISED 10/12/94 Cl - 8 Insurance Requirements Page 9 (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. AW0360 REVISED 10/12/94 Cl - 9 BID SUMMARY TOTAL BID PRICE IN WORDS **Fffty Three Thousand Three Hundred Twenty Seven and 00/100** 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. CONTRACTOR In Don Richards/President 2301 Hinkle Dr. Street Address Denton,TX 76201 City and State Seal & Authorization (If a Corporation) 940/383-3007 Telephone M] Community Sidewalks - West Side of Bolivar BID TABULATION SHEET WORK DAYS 20 BID NO PO NO QUANTITY UNIT UNIT PRICE TOTAL ITEM DESCRIPTION 3-C Remove Walks and Drives 1081 SY $ 9 o0 /SY $ 9729 00 Unit Price in Words *Nine Dollars and Zero Cents* 3 1 Preparation of Right -of -Way LS $ 250o.00/LS $ 2500 00 Unit Price in Words *Twenty Five Hundred and Zero Cents* Temporary Erosion Control - LS 1 $ 50 00/L7S $ 50 00 3 12 Unit Price in Words *Fifty Dollars and Zero Cents* 8 1 Barricades, Warning Signs, LS $ 500 00/LS $ 500 00 and Detours Unit Price in Words *Five Hundred Dollars and Zero Cents* 8 3A 4" Concrete Sidewalk with 1030 SY $ 27 00/SY $27810 00 Fiber Reinforcement Unit Price in Words *Twenty Seven Dollars and Zero Cents 1 21 Contractors Warranties and IS $2500 00/LS $ 2500 00 Understandings Unit Price in Words *Twenty Five Hundred Dollars and Zero Cents* SP-39 Protect Sign 1 EA $ zoo o0/EA $ 200 00 Unit Price in Words *Two Hundred Dollars and Zero Cents* 3-13 Remove Curb and Gutter 126 LF $ to oo /LF $ 1260 OC Umt Price in Words *Ten Dollars and Zero Cents* 3 3 Unclassified Excavation 45 Cy $ 10 00 /CY $ 450 of Unit Price in Words *Ten Dollars and Zero Cents* 8 2-A Concrete Curb and 126 LF 1 $ 10.00/LF $ 1260 0( Gutter Unit Price to Words Ten Dollars and Zero Cents* SP-2 Concrete Sawcut 799 LF $ 2 oo /LF $ 1598 0 Unit Price in Words *Two Dollars and Zero Cents* P - 3 Community Sidewalks - West Side of Bolivar BID TABULATION SHEET WORK DAYS 20 BID NO PO NO ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 8 3-13 6" Concrete Sidewalk with Fiber 127 SY $ 31 50/SY $ 4000 00 Unit Price in Words *Thirt One Dollars and Fifty Cents* 3 9A I Sod 100 SY $ /SY IT $ 50 Unit Price in Words Five Dollars and Zero Cents* 3 10 7 Hydromulch 970 SY $ 1 06SY $ 970 00 *One Dollar and Zero Cents* TOTAL $ 53,327 00** 4 P - 4 ,.... . /lV .Iv .vvv , vv_ ROnucETT RAMEY 6 KING INSURANCE 930 S. 13SE, Sutts A Denton TX 7620I1-7829 NSJR£D D B R Construction Co Inc Don Rlehards P 0sox Us Denton TX 76202 MMCO "IM POLICIES , COMPANY A Un'TER COMPANY B LETTER COMPANY r ' L6TT®t V COMPANY D LfMR COMPANY E LOM xriaq�... •p•••>,. C„v."" ;.^a:,t .'I .. ""r nSCJE LJAIB (MMN0/1'1') IY§Li�r�''i'l�tii"u i v�i w�ir`%4`"o"'i ly,eL"rk.^" w K 1L11197 TE IB ISSUED AS A NATTER OF INFORMATION ONLY AND IGNTs UPON THE CERTIFICATE HOLDER THIS CERTIFICATE NO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE N COMPANIES AFFORDING COVERAGE SootW4ls Btsurancs Cc Trinity Lloyds Ills Cc Tom Work Comp Ina Fund "., AOYERAQFW4IR e'Iww,,ix+No »e`, "•ii.: w!1M '"w rH1S1$ TOiCERTIF>YE THAT THE POUC16S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUPED NAMED ABOVE FOR THE POLICY PERT( 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 CONDITION$ OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUMISEA DATE p�TE(WOO" Y EXPIRATION W� GENERAL LNBriTY CLS465040 cam"? 061D61Ba DISIeRAL AGGREGATE r A X COMM£RCML G6N0RN. LIABILITY PROOUCTS_COMP& AGO S yS CWMS MADE X OCCUR PU30NAL S ADV INJURY OY.NIOIS A CONTRACTORS PROT EACH OCCURRENCE S B AUIOM IJE LIABLRY X ANY AUTO Au OWNED AUTOS SLNEDULEO AUTOS X HIRED AUTOS X I NON Ori EO AUTOS OAAAG6 UMLTY EXCESS LMBA.ITY UMaIR1LA PORM OTHEF 1NAN UMBRELLA FORM WORgEn B COMPENSATION C AND EMPLOYERa' IMBWTY FIRE DAMAOE (MY a A,e) $ MID 0"NS£ (MY AAA IM'W) S BIND6R/APPLICA'MON 11/IS/a7 11/1L66 COMBNEO SINGLE I LIMIT 6013ILY INA,ITr 1 (P., pelAORJ BODILY INJURY I CPR, PPPUmR PAOPDnY OAMAQE I EACH OCCURRENCE I AGORIMATE I STATUTORY UMTS 9SP1007410 02JOW27 OV07I96 EACH ACCIDENT I OISEASE - POLICY LIMT / OLWM EACH EMPLOYEE S DESCRIPTION Of OKUTONUMATI0NSNENIGE"KCUL ITEM Workwv' Compensation policy COY Executive Ot Certificate Holder Is named u Ad It Onal Insured 1 Liability and Auto Liability Waiver of Subrogation City of Denton Attn Tom Shaw 601E Texas Streak Denton TX 76201 Oenenl slk Wait side Bolhn. 1000000 loom 6000D0 500000 50000 EXCLUDED 10000DO ` fS SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO < 3 MAIL DAYS WRITTEN NOTICE TO THE CERRPICATE HOLDER NAMED TO THE 3'd LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AVTHC0 rIEPR TTVE '. r`i