HomeMy WebLinkAbout1996-105ORDINANCE NO 91-YOS
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 AMOi 1NT
1890 FLOYD GLEN SMITH CONCRETE CONTRACTOR $37,046 00
SECTION IT 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 ITT 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
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 _ day of �y�. ,1996
:MI
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CONTRACT DOC
DATE MAY 7, 1996
TO Mayor and Members of the City Council
FROM Rick Svehla, Acting City Manager
SUBJECT BID 41890 - WILLOWWOOD STREET SIDEWALK
RECOMMENDATION. We recommend this bid be awarded to the lowest bidder, Floyd Glenn
Smith Concrete Contractor, in the amount of $37,046 00
SUMMARY. This bid is for the construction of approximately 2,353 feet of four (4) feet wide
sidewalk along Willowwood Street from Wisteria Street west to McCormick Street
Included in the construction is the approximate 2,353 feet of sidewalk, 150 feet of curb, gutter and
driveway removal, 170 cu yards of excavation, 100 feet of toe wall and header wall, 934 square
yards of hydromulch, fence relocation, asphalt patch and other associated activities
BACKGROUND. Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Street/Engmeenng
Division and the Citizens of Denton
FISCAL IMPACT: This project is funded from the CIP budget funds Originally $44,600 00 had
been budgeted for this project, account #446-020-SWLK-9277-9152
Respectfully submitted
ick Svehla
Acting City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
731 AGENDA
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 7 day of
MAY A.D., 19 96 , 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
-FLOYD GLENN SMITH CONCRETE CONTRACTOR
P.O. BOX 1781 (1519 WILLOWWOOD DRIVE)
DENTON, TEXAS 76202
of the City of _pm=N , 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 # 1890 - WILLOWWOOD STREET SIDEWALK
in the amount of $37,056.00 and all extra work in
connection therewith, under the terms as statel 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 attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
DEPARTMENT
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Fie- -:•-� -
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 net
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 tiru�
stated in the Proposal, sub3ect 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 sub]ect to the General and Special
Conditions of the Contract.
CA - 2
FROM CITY OF IENTON FRS NO
IN WITNESS WHEREOF,
executed this agreement in
ATTEST.
APPROVED AS TO FORM;
City
AAA0184p
Rev 07/28/94
I£17Skt173n2 n5-1;1-+F 0' -yF F nl
the parties Of these presents `
the year and day first above
wr1
CA - 3
_ CITY OF iDwToN
OWNER�
By
( SEAL)
FLOYD GLENN SMITH CONCRETE CONTRACTOR
CONTRAc;TOR
MAILINC ADDRESS —
L,'► ,6S- ore 41
PHONE NUMBER
F'A�)c17sB- D//
By u»�!
TI r
PRINTED NAME
(SEAL)
CA - 3
_ CITY OF iDwToN
OWNER�
By
( SEAL)
FLOYD GLENN SMITH CONCRETE CONTRACTOR
CONTRAc;TOR
MAILINC ADDRESS —
L,'► ,6S- ore 41
PHONE NUMBER
F'A�)c17sB- D//
By u»�!
TI r
PRINTED NAME
(SEAL)
PAYMENT BOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH
rnxMETE C +TRACTOR of the City of DENTON
County of nFxmIN , and the State of TFxAc
as principal, and /f/J///F/T�q( oS�,Q<jfy &mf'/�,!�
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
CITY OF DENTON
OWNER, in the penal sum of
THIRTY SEVEN THOIISAND FIFTY SIR DOLLARS and n0/100 Dollars ($ 37,056.00 )
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 7 day of MAY
19 96
BID # 1890 - WILLOWW00D STREET SIDEWALK
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government 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
PROVIDED FURTHER, that if any legal action be filled upon th:s
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 1) day of%
Address: -PO 80ylqg�/
�P �reti, f K� '76ao 9�
(SEAL)
Surety
Titlel� iT/�,t�Nf�i -/N- F 7
Address • P0 60'C k 6 i,
9,011 C T/>
(SEAL)
The name and address of the Resident Agent of Surety is:
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB — 2
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That FTnYn rT.FNN SMTTR
CONCRETE CONTRACTOR , of the City of DENTON
County of DENTON , and State of TEXAS
as PRINCIPAL, and (Z&61eFkLjq..sir FT4 or,&Zf,Q/,�,jq
as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of THTRTY SEVEN THODSANn FTFTy SIX DOLLARS
and 00/100------------------- ---- Dollars ($ 37,056.00 ) 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 _7 day of MAY ,
19966, for the construction of BID # 1990 - WILLowwoop STRFFm STnFwnT9
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 force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government 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 - 1
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this lel)- day of
19q6 .
�Ov�^1 Pre- l°XrAfo-Ao
Principal
By—
., 49-wk�c
Address: r D Eek O(7 f
�aA -42)Y1 1Y- 7 (. � 0 1-
(SEAL)
CJ- Surety '
Title. 19 LLC A4:5 F/4-C17-
Address: Po BO>z le)&J,
hoes ryw, / Y 77aS-1
(SEAL)
The name and address of the Resident Agent of Surety is:
AAA0184D
Rev 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That From GLENN SMITH
CONCRETE CONTRACTORas Principal, and /./N///F.e�/3,L /rv,�r�,/ of IGfi'
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of THRiew. m ATTQXw 0m. o. ....., - ,_—
Dollars ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said FLOYD GLENN SMITH CONCRETE CONTRACTOR
has this day entered into a written contract with the said City
Of Denton to build and construct BID #1890 - WILLOWWOOD STREET SIDEWALK
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - 1
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each days failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said FLoVn cS1n1 F1-1 ��lyC E f Tf �' rcl7_09CTae
as Contractor and Principal, has caused these presents to be
executed by _11L,\L1
and the said IWUdfrC��
as surety, has ca ad these presents to be executed by its
Attorney -in -Fact 74T/-F V 1')') i l ),C/c
and th
day of
SURETY:
e
said Attorney -in -Fact has hereunto set his hand this
199 42 .
Attorney -in -Fact
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Rev 07/28/94
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PRINCIPAL:
io LA C Le k ose" A 0&101(-A,(, 06A r
UNIVERSAL SURETY OF AMERICA
P 0. BOX 1068 -Houston. Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY 1__.1
TX 0914152 00
Know All Men by These Presents That UNIVERSAL SURETY OF AMERICA a corporation duly organized and existing under the laws or
the State of Texas and having its principal office in Houston. Texas, does by there presents make, constitute and appoint
Cathy Miller
its true and lawful Attorney(s) m-Fact, with full power and authority hereby conferred in its name, place and stead to execute, acknowledge ano
deliver bonds for
Prindpal• Floyd South Concrete Contractor
Obligee- City of Denton Texas
Amount, $3705600
and u) bind the tympany thereby as fully and to the same extent as if ouch bonds were signed by the President sealed with the corporate seat of the
company and duly attexted by its secretary, hereby ratifying and confirming all that the said Attomey(s)•in Fact may do within the above stated
limitations Said appointment is mode under and by authority of the following resolution adopted by the Board of Directors of Universal Suretv or
Arnenw at a meeting held on the l I th day of July 1994
Be It Resolved that the President and any Vice President. Secretary or any Assistant Secretary shall be and is hereby vested with full power
ind authority to appoint any one or more suitable parsons as Attorney(s) in Fau to represent and act for and on behalf of the Company
RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimdte to .in%
power of attorney of the corporation, and that such printed facsuntha signature and seal shall be valid and binding upon the t,otporation
In Witness Whereof, Universal Surety of America has Caused these presents to be signed by Its President. John Knox. Jr and its
corporate seal to be hereto affixed this ISth day of April, AM ,1995
,w
,xiri'a\
�1�y�W as
State of Texas
County of Harris
UNIVERSAL SURETY OF AMERIC a
10 ox Jr or President
On this 15th day of April, In the year of 1995, before me Rhonda K Wilke, a notary public rsimaily appeared John Knox, Jr
personally known to be the person who executed the within Instrument as President, an behalf ofthecorporation therein named and
acknowledged to me that the corporation executed It
yotary Pubh,
I the undersigned Secretary of Universal Surety of America hereby certify that the above and foregoing is a full, true and u)rrect wpy of the
Original Power of Attorney issued by said Company and do hereby further certify that the said Power of Attorney is still in affect
GIVEN under my hand and the seal of said company, at Houston Texas this IOTH day of —MAY 19 96
Asrinant Secretary
For verificatum of the authority of this power you may telephone (713) 722 4600
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 fads 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
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REVISED 10112/94 Cl - 1
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 cf 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.
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Insurance Requirements
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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:
[XI 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
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[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 $10O,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)
[ 1 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
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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
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ATTACHMENT 1
[XI 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 1406 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
AAA00350
REVISED 10/12/04 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 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.
AW0360
REVISED 10/12/94 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 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 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
AAAW360
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 e6 les 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.
AAA00350
REVISED 10/12/94 CI - 9
BID SUMMARY
TOTAL BID PRICE IN WORDS Thirty seven thousand fifty six dollars & 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.
P.O. Box 1781 (1519 Willowwood Drive)
Street Address
Denton. TX 76202
City and State
Seal & Authorization
(If a Corporation) �7) 565-0114
Telephone
B - 1
WORK DAYS 30
BID NO 1 R90
PO NO.
HID TABULATION SHEET
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
F
Remove Concrete Curb and
Gutter
92
LP
S 4.50 /LF
S 414 00
Unit Price in Words: Four dolLars
& 50/100
3-C
Remove Concrete Driveway
50
SY
S 16.20 /By
$ 810.00
Unit Price in Words: Sixteen
nllars & 20/100
3-D
Remove Concrete Border
14
LF
S 3.00 /LF
S 52.00
Unit Price in Worde: Three dollars
& 00/100
3.3
Unclassified Excavation
170
CY
S 9.00 /CY
S 1,530 00
Unit Price in Words: Nine do
lars & 00/100
9.8
Top Soil
5
CY
$ 45.00 /Cy
$ 225.00
Unit Price in Words: Forty f3ke
dollars & 00/100
5.7
Asphalt Patch (2" Type D)
2
Ton
$100.00 Ton
S 200.00
Unit Price in Words: One hundred
dollars & 00/100
SP-12
Relocate Mailbox
5
EA
S 25.00 /EA
$ 125 00
Unit Price in Words: Twenty f
Lve dollars & 00/100
8.3-A
4" Concrete Sidewalk
1,008
BY
$ 22.00 /SY
$22,176.00
Unit Price in Wordso Wenty t
o dollars & 00/100
8.3-7
6" Concrete Sidewalk
38
SY
$ 27.00 /BY
$ 19026.00
Unit Price in Words$Twenty s
ven dollars & 00/100
8.3-C
Concrete Toe Wall
44
LF
$ 8.00 /LF
$ 352 00
Unit Price in Words: Eight do
lays & 00/100
S.3-D
Concrete Header
25
LF
$ 8.00 /LP
$ 200 00
Unit Price in Words: Eight do
lars & 00/100
P - 3
WORK DAYS 39
BID NO.
PO NO.
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
SP-2
Concrete Saw Cut
44
LF
S 3.00 /LF
S 132.00
Unit Price in Words: Three d
llars & 00/100
3.10.7
Hydromulch
934
BY
S 2.00 /BY
S 1,868.00
Unit Price in Words: 4dol.'
& 00/1003.9.3
St- Augustine Sod94
BY
S 7.00 /SY
S 658.00
Unit Price in Words: Seven d
llars & 00/100
SP-44
Mine. Sprinkler System
Adjustment
-
LS
$ 250.00 /LS
S 250.00
Unit Price in Words: Two hundred
fifty dollars & 00/100
3.1
Preparation of Right -of-
way
-
LS
$1,500.00/ LS
S
1,500.00
Unit Price in Words: Fifteen
hundred dollars & 00/100
1.21
Contractors Warranties
and Understandings
-
LS
$1 090.WAS
S 1 090.00
r
Unit Price in words One thousand
ninety dollars & 00/100
3.12
Temporary Erosion Control
-
LS
$1.000 00/LS
S 1,000.00
Unit Price in words: One tho
sand dollars & 00/100
8.1
Barricades, Warnings
signs and Detours
-
LS
$ 500.00/LS
S 500.00
Unit Price in Words: Five hu
red dollars & 00/100
SP-40
Relocate Wood Rail Fence
247
LF
S 4.00/LF
$ 988.00
Unit Price in Words: Four dollars
& 00/100
SP-39
Project Signs
2
EA
$ 250.00/EA
S 500 00
Unit Price in Words tTWO hund
ced fifty dollars & 00/100
4.5
6" Thick Flax Base
59
BY
S 10.00/SY
S 590.00
Unit Price in words: Ten doll
irs & 00/100
P - 4
WORK DAYS 10_
9:D NO. 189U�
PO NO.
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
2.12.9
12" Steel Pipe (Gauge 10)
S
LP
$ 15.00/L8
$ 120 00
Unit Price in Words: Fifteen
lollars & 00/100
TOTAL
$ 36,306.00
Addendum
No.l ServiceAd3ustments 3 EA $ 250.00/EA $ 750.00
Unit Price in Words: Two hundred fifty dollars & 00/100
Total including Addendum No.l $ 37,056.00
FROM CITY OF DENTON ••
ADDENDUM No. 1
BID # 1890
FR\ NO 18173837302
BID TABULATION SHEET
WILLOWWOOD SIDEWALK
MCRZNTION
pVJWYtTft
9ltmr
tlsir vnit:s
TOTAL
sP-27
Service Adjustments
3
U
i 250.00/SA
8 750.00
Vait price in fiords Two hun
red fifty dollars & 00/100
i_-
General: This item governs the adjustment of sewer and water services
due to reta2.ning wall and sidewalk installati m on this project. this
item includes the relocation of meters and cleanoute if necessary.
relustments of leas than 10 fact of serviocations of meters or cleanoute shall bec line tinclude do not
irci.dentalto the contract
The rework of connections on the house side of dater meters is to be done
by a licensed plumber. This should be taken into account by the
contractor. Compression fittings are to be itsed for the adjustments
Connections
and a representative fromtheWater/Wastewateill be inspected by both the project
r Division
inspector
Payment. Payment will be at contract unit price for each service
adjustment. All labor, materials, equipment, etc that is necessary for
these adjustments shall be considered as part of this item. Contractor
shall use caution in placing profit in this item as the quantity on the
bid tabulation sheet is a rough estimate
T1fPiCAi. =WL
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ALLSTATE WRYNE HOLT TEL 817-566-5942 Jun 03,96 12 27 No 004 P 02
CERTIFICATE OF INSURANCE
R1 ALLSTATE INSURANCE COMPANY ❑ ALLSTATE INDEMNITY COMPANY ❑ ALLSTATE TEXAS LLOYD'S
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFI
CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
CITY OF DENTON
ATTN: MAX BLACKBURN
(817)383-7302 FAX
FLOYD SMITH
PO BOX 1781
DENTON TX 76201-1781
Thla In to certify that policies of Insurance listed below have been Issued to the Insured named above subject to the expiration date Indicated below,
not'Nlthelanding 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
TYPE OF INSURANCE AN LINOTft
COMMERCIAL GENERAL LIABILITY Polley Effective Expiration
Number Date Date
_ Limit Affected
GENERAL AGGREGATE, IMIT(OtharthanProducts— OomabtadOneratlonsL_
"--
PRODUCTS — COMPLETED OPERATIONS AGGREGATE LIMIT
PERSONAL AND ADVERTISING INJURY
_
EACH OCCURRENCE L1141T
PHYSICAL DAMAGE LIMIT _
AN O NELODO
MEDICAL EXPIN$E LIMIT
a ANY ONE PERSON
WORKERS' COMPENSATION 6 Policy Effective Expiration
EMPLOYERS' LIABILITY Number _ Date Data
Covenoge Limits
_ WOHKEHS'l M� PF�I8ATIlN1
STATUTORY illowing states
EMPLOYERS'
BODILY INJURY BY ACCIDENT
S EACH ACCIDENT
BODILY INJURY BY DISEASE
LIABILITY
S EACH EMPLOYEE
BODILY INJURY BY DISEASE
$ POLICY LIMIT
icy Data atlw 06/11 /96 Expiration
AUTOMOBILE LIABILITY N Number 649559731 06/11
_- s /97
Cove Esals_
...
_ Limits _
Combined Sln Is Limit of Liability
IaANYAUTO 11 OWNED AU708 0HIRED AUTOS
BODILY INJURY & PROPERTY DAMM EACH MDENT
f1SPECIFIED AUTOS f] NON -OWNED AUTOS
Split Liabillfir Limits
bedM Injury
Pro Dams
Each
GOWNED PRIVATE PASSENDER AUTOS
C3DWNED AVTOS OTHER THAIPRIVATE MMNGER
PERSON
ACCIDENT
UMBRELLA LIABILITY Policy Effective Expiration
Number Dale
M Date
_FACHOCCURRENCE
GENERALAGGREGATE
PRODUCTS— COMPLETED OPERATIC— NBAGGREGATE
OTHER (Show Policy Effective Expiration
type of Policy)_ Number Dale Dale
DESCRIPTION OF OPERATTONSILOCATIONSNEHIOLEWASSTRICTIONSMPEO'AL ITEMS
86 FORD F350 FLATBED 1FDKF37L5GPA53945 87 FA)RD F250 XLT 1FTHF25L9HKA17623
92 FORD F250 PU IFTHF25GXNNA18972 81 FORD FLATBED IFMOF60HIBVA04181
CANCELLATION
Number of days notice_ u/a .(�.,..I f qL
—��
AhrlenroemarM ..— ate
Should anyof the above described policies be cancelled before the expiration dale, the issuing company
wlllandeavorlo mall within the numberof
daysentered above, written notice to theoerlllloate holdernamed above. But failure to mall such notice shall Impose noobllgation or liability of any
kind upon the Compaq Its agents or representatives.
1052"