HomeMy WebLinkAbout1996-134ORDINANCE NO % -13
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 T 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
NI TMRER CONTRACTOR AMOUNT
1910 FLOYD GLENN SMITH CONCRETE CONTRACTOR $16,593 95
SECTT N 11 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
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 of1996
JAC ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
U
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
7
WENM 4401
CONTRACT DOC
DATE JUNE 18, 1996
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID #1910 - BELL AVENUE SIDEWALK REPAIR
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Floyd Glenn
Smith Concrete Contractor, in the amount of $16,593 95
SUIINIARY: This bid is for the removal and replacement of approximately one block (190 sq
yds ) of sidewalk from Withers Street to Texas Street with a small portion on Texas Street The bid
includes sidewalk, curb cuts, hydromulch, unclassified excavation and other related activities
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. City of Denton Engineering
Department, Citizens of Denton, Property owners and residents in the area
FISCAL IMPACT: This project is Community Development Block Grant (CDBG) funded
Account #219-05A-CDAH-8502
Respectfully submitted
Ted Benavides
City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
744 AGENDA
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CITY OFLEGAL pENTOfd;
EPT.
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 18 day of
JDNE A.D., 19 96, by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TRn BENAVIDFS
thereunto duly authorized so to do, hereinafter termed "OWNER," and
F YD GLEENN SNIT" CONCRETE CONTRACTOR
P.O. BOX 1781
1519 WILLOWWOOD DRIVE
DENTON TEXAS 76202
of the City of ninrmN , County of D*=NTnN
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 # 1910 — BELL AVENGE SIDEWALK REPAIR
in the amount of c16.593,95 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal 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
CITY OF DENTON ENGINEERING DEPARTMENT
+
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
MY -+-_+ _
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.
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 times
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
price or prices shown in the Proposal, which
contract, such payments to be subject to the
Conditions of the Contract.
CA - 2
in current funds the
forms a part of this
General and Special
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
nwv. V114017%
CA - 3
y � • t.�hYh� �
(SEAL)
rMyD GLENN SMITH CONCRETE CONTRACTOR
CONTRACTOR
AL) 60 JC 1 / s
as —
MAILING ADDRESS
(RI) slS-01/14-
P� PHONE NUMBER
I m) SUS---011 Lt
:X NUMBER
BY �W✓�2.(
TITLE
Flood G (eww5w, A-k'
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS 5
COUNTY OF DENTON 5
KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN MITH CONCRETE
CONTRACTOR , of the City of DENTON
County of DENTON , and State of V"A'S
as PRXNCIPAL, and IIAIIIJ&n�)9� '-pF
, 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 SIXTEEN THOUSAND FIVE HUNDRED MINTY TUFF
95/100---------- Dollars ($ 16,593.95 ) 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 18 day of JDNE ,
195§_, for the construction of BID # 1910 - BELL AVENUE SIDEWALK
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
perfor*ed, 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
PROVIDED FURTHER, 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, 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 A6 day of
1996 .
Principal
�) ..��,.,;1� r�A11►1�
Title
,�
Address: t
(So /7 -=fan ` 3,C /2 `dA3,S`
(SEAL)
Oi
Title r
Address:
7 7,27-TF
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
PAYMENTBOND
STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN sNITH
CON - RTE CONTRACTOR of the City of _ DENmON
County of DENTON , and the State of TEXAS ,
as principal, and //�-AesgX-614 [�tT�/ a Iimfe/(-Iq
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 , OWNER, in the penal sum of
SIXTEEN THOUSAND FIVE HUNDgED NINTy THREE nd95/100Dollars ($ 16.59'3_QS )
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 18 day of .TUNE
19 96 .
BID # 1910 - BEL AVENUE SIDEWALK REPAIR
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
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 day of /J//N f
19�.
■0./ '1, _,,. 1. 4A :. a
V �� ►►� JW !� Rllli►_
Address: P0'60'olel
IIAI /F_D—S/?L, �3/4Q-Tl/
Surety
�L,9
TitleR-1TT>PNf�l INI F/4n7-
Address:
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
AAA0184D
Rev. 07/26/94
PB - 4
THE STATE OF TEXAS
COUNTY OF DENTON
MAINTENANCE BOND
S
S
KNOW ALL MEN BY THESE PRESENTS: That FLOYD GIM SMITH
as Principal, and /rNidsj<fi.L SaGZIV. nF7 6122-, l
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 ONE mvnncavn SIX HUNDRED FIE vrva and 60/lnn---
Dollars ($ 1.659.40 ), ten (lo%) 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 Frnm GIMM SMITH CONCRETE CONTRArTnR
has this day entered into a written contract with the said City
of Denton to build and construct nrn s 1910 n - nxr.r. AyENOE SIDEMAIM
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
ry- -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 O'6v�,(Yk'7�r
as Contractor and Principal, has caused these presents to be
executed by L(/Jli/FP�HL �Sii,Qlr7i nF 19m--1d1e1
and the said IjAll gcP.�Z, �S.,PA= PiCF�
as surety, has cauAsd these presents to be executed by its
Attorney -in -Fact
and the said Attorney -in -Fact has hereunto set his hand this -�2,]-
day of tT//1\/f , 19�V
SURETY:
BY: 14
mQ /yy//l
lf
Attorney in-F ct
AAA0184D
Rev. 07/28/94
MB - 2
PRINCIPAL:
06-25-1996 08 13 214 980 9464
UNIVERSAL SURETY OF AMERICA P 02/04
UNIVERSAL SURETY OF AMERICA
P O BOX 1068 -Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY • CERTIFIED COPY Bins Maim.
TX 0914951 00
Know All Men by These Presents That UNIVERSAL SURETY OF AMERICA a corporation duly organised and existing under the laws of
the Slate of Texas and having its principal office in Houston, Texas does by these presents make constitute and appoint
Cathy Miller
its true and lawful Attorney(s)-in Fact with full power and authority hereby conferred in its name place and stead to execute acknowledge and
deliver bonds for
Principal: Floyd Glenn Smith Concrete Contractor
Obligee: City of Denton, Texas
Amount: $16 593 95
and to bind the company thereby as fully and to the same extent as it such bonds were signed by the President sealed with the corporate seal of the
oornpany and duly attested by its secretary hereby ratifying and confirming all that the said Attorney(s) in Fact may do within the above stated
limitations Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of
America at a meeting held on the I lth 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
and authority to appoint any one or more suitable persons as Attorney(&) in Fact 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 any
power of attorney of the corporation and that such printed facennilie signature and seal shall be valid and binding upon the corporation
In Witness Whereof, Universal Surely of America has caused these presents to be signed by its President, John Knox, Jr and its
corporate seal to be hereto affixed this 15th day of April, A D , 1995
.��,�ja[rf "•..
Slate of Texas
ss
County of Harris
UNIVERSAL SURFTY OF AMERICA
]e ox JrJV Proudant
On this 151h day or April, to the year of 1995, before me Rhonda K Wilke, a notary public, personally appeared John Knox, Jr,
on persally known to be the person who executed the withln instrument as President, on behalf ofthecorporation therein named and
acknowledged to me that the corporation executed it
� / Notary 1'ubhc
ti
I the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full true and correct copy of the
Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is sull in affect
GIVEN under my hand and the seal of said company at Houston Texas
this 21TH day of JUNE , 19 96
As stant Secretary
For verification 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 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 protect 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
AAA00350 CI - t
REVISED 10/12/04
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.
AAA00350
REVISED 10/12/94 CI - 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:
[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 (XCLI) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability
AAAW350
REVISED 10/12/94 CI - 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)
[ 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
AAA00360
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 l 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 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 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 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 CI - 5
REVISED 10112/94
Insurance Requirements
Page 6
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 §406 096) -
Includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees. This Includes, without limitation,
Independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
AAAM350
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 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
mall 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
AAAM360
REv16ED 10112M4 Cl - 7
Insurance Requirements
Page 8
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
AAA00360
REVISED/0/12194 CI - 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 e6ties 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 S3.xteen thousand five hundred ninety-three
dollars & 95/100.
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.
I_5x9-6hllowwoea- Drive
Street Address
Denton, TX 76202
City and State
Seal & Authorization
(If a Corporation) (817) 565-0114
Telephone
P- 5
WORK DAYS
HID NO.
PO NO.
BID TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
3-C JRemove
walks and Driven
186
By
S 16.20 /SY
S 39013.20
Unit Price in Wordas
Sixteen dollars & 20/100
3.1
Preparation of
Right-of-way
--
LS
$200.00 /LS
S 200.00
Unit Price in words:
No hundred dollars & 00/100
3.10.7
Nydromulch
167
SY
S 2.00 /BY
S 334.00
Unit Price in Wordas
Wo dollars & 00/100
3.12
Temporary Erosion Control
--
LS 1
$200.00 /LS
S 200.00
Unit Price in words:
Two hundred dollars & 00/100
8.1
Barricades, Warning Signs
and Detours
--
LS
$500.00 /LS
S 500.00
Unit Price in Wordas
Five hundred dollars & 00/100
8.3A
4" Concrete Sidewalk
191
SY
S 27.00 /BY
$ 5,157.00
Unit Price in Words:
Twenty seven dollars & 00/100
8.7
Concrete Retaining Wall
cu
$325.00
Cu
$ 32575.00
Unit Price in Words:
Three hundred twenty five dollars & 00/100
1.21
Contractors Warranties
and Understandings
--
LS
$550.00 /LS
$ 550.00
Unit Price in Words:
Five hundred fifty & 00/100
SP-39
Project Sign
1
EA
$250.00 /EA
$ 250.00
Unit Price in words:
Two hundred fifty dollars & 00/100
3-B
Remove Curb and Gutter
47
LF
$ 4.50 /LF
$ 211.50
Unit Price in words:
Four dollars & 50/100
3.3
Unclassified Excavation
95
cY
S 9.00 /cY
S 855.00
Unit Price in Words:
Nine dollars & 00/100
P - 3
WORK DAYS
BID NO.
@yll Avgnue Sidewalk PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
8.2-A
Concrete Curb and
Gutter
66
IF
S 10.00 /LF
$ 660.00
Unit Price in Words:
Ten dollars & 00/100
SP-2
Concrete Sawcut
75
LF
$ 3.00 /IF
S 225.00
Unit Price in Words:
Three dollars & 00/100
8.3-8
6" Concrete Sidewalk
with Reinforcement
9
SY S 29.25 /8Y
S 263.25
Unit Price in Words:
Twenty nine dollars & 25/100
SP-27
Service Adjustments
3
EA
$200.00 /EA
S 600.00
Unit Price in Worde:
Two hundred dollars & 00 100
S /
S
Unit Price in Worde:
$ / S
Unit Price in Words:
S /
S
Unit Price in Worde:
S /
$
Unit Price in Words:
S /
S
Unit Price in Words:
S /
S
Unit Price in Words:
Total
S 16,593.95
P - 4
ALLSTATE WAYNE HOLT TEL 817-566-5942 Jul 09,96 15 58 No 003 P 01
r� CERTIFICATE OF INSURANCE
I.EJ 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 RV THE Par rarFa awl mu
OERTIFIt.ATBNOL ER
NAMED INSURED
Name and Ad reae o Per to Whom lhls C 1 Date Is I ued
Name and Address of Insured
CITY OF DENTON
FLOYD SMITH
PO BOX 1781
PosWPPax Nate 7871 DA'° q 1AS60 I
DENTON TX 76201-1781
�C ITV OF Dgr✓T7t W4A1r +si HoL-
t TbIM S"AW CM ACA.SI`wir IFIS
to the Insured named above subtext to the expiration date Indicated below,
her document with respect to which this certificate may be issued or may
Whom o t64 -:-23y
to all the terms, exclusions, and conditions of such policies.
,, Sis .� es axe
3 ? 'l C. C- 'S y 2
RNICEANDLIMITS
Effective Expiration
_
Dale
Limit
GENERALAGGREGATE umrr OtherthanProduots District Operational
,
Amount
PRODUCTS — COMPLETED OPERATIONS AGGREGATE
PERSONAL AND ADVERTISING INJURY LIMIT
It
EACH OCCURRENCE-.
PHYSICAL DAMAGE LIMIT
t
MEDICAL EXPENSE UM
ANY ONE L088
WORKERS' COMPENSATION& Policy
ANYONE PERSON
Effective
EMPLOYERS' LIABILITY Number
Expiration
Date Date
CDVRmgo
Limits
WORKEW OOMP PUNITION STATUTO Y—a onl n efollowinnalateg
EMPLOYERS,
BODILY INJURY BY ACCIDENT
a EACH ACCIDENT
LIABILITY
BODILY INJURY BY DISEASE
f EACH EMPLOYEE
BODILY INJURY BY DISEASE
8 POLICY LIMIT
AUTOMOBILE LIAINUTY Policy
mbar 649559731
Effective 06/11/96 Expiration
Date Date 06/11/97
Coverews BMWs I
❑ANY AUTO ❑ OYMEDAUMS ❑ HIREDAUT08
Limits
Coal eLimbol Liability
BODILYINJU Y
❑SPECIFIED AUTOS ❑ NON-OWNEDAUMS
PROPERTY DAMAGE EACH ACCIDENT
ItUsbUH Um
Sod
❑OWNED PRIVATE RA88ENOER AUTOS
I lktmo 0 4ah
ODWNEOAUTOS OTHEll THAN PRIVATE PASSENGER
b +F+ + RBON
ACCIDENT
UMBRELLA LIABILITY Policy
Number
Effeothe Expirationt
Date
EACH OCCURRENCE Is GENERALAGaR PRODUCTS— COMPLETED OPERATIONS AGGREGATE
OTHERIShow Policy
type of Policy) Number
Effective Expiration
Data Data
DESCRIPTION OF OPERATIONSILOCATION8/VEHIOLEWftEBTRICnOMMSFECIAL ITEMS
86 FORD F350 FLATBED 1FDKF37L5GPA53945 87 FORD F250 XLT 1FTHF25L9HKA17623
92 FORD F250 PU 1FTHF25GXNNA18972 81 FORD FLATBED 1FMDF60HIBVAD4181
CANCELLATION
Numberof days notice
Should p Aux,ateexa°Pwr°nwFn 0i1e
days entered d a1001re, Wry tennnnotoeto tlwgrfllkate holder med as= But f1JIUM1omhe all such notloesholll ImpossenoobllpeUonhor liability ofany kind upon the company, Its agents or representatives.
1052"
cas'""r B
STIER
INSURED
COMPANY c
Floyd Smltb Concrete Contr
LETTER
Floyd Glenn Smltb
P 0 Box 1781
� D
Denton TX 76=
COMPANY E
LETTER
.......... .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CON94TIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
EXPIRATION
NUMBER POLICY DAE LIMITS
TYPE a NL1RANCE POLICY
71n DATETow
GENERAL LNBLRY OLA74745/B-0B MOVIE!OSIOtN7 OENHIAL AGGREGATE s
1000000
A'
RIOOUCTSCOAIPIOP AGO i
K CGMAEROAL ODOM LABILITY Y ci
CLAIMS MADE x OCCUR. PERSONAL S ADV NARY
500000
ONNEAB L CONTRACTOR$ PROT EACH OCCURF89E S
Boom
' FIRE DAMAGE (wry" See) i
50000
' MED TDR@1SE (wry aM a~)'i
vi
5000
AUTOMOBILE LIABILITY COMBEED SINGLE
LIMIT
ANY ALTO
' ALL OWNED AUTOS BODILY SUM i
(PIN aiw)
SCHEDULED AUTOS
s <
i HIRED AUTOS GODLY INJURY i
NON-0VRED AUTOS
GARAGE LIABILITY PROPBf1Y DAMAGE i
FXCE. UABLTN ° 'EACH OCCURRENCE 's
UMBRELLA FORM AGGREGATE
}
OTTER THAT UMBRELLA FORM ,✓ t
c
' STATUTORY LIMITS
WORKERSCOLPBJBATXR
yy OBI01N8 OSl01/57 Y EACH ACCIDENT 'i
100000
A AND DISEASE POLICY LIMO i
500000
EMPLOYERS! LABLITY DISEASE - EACH EMPLOYEE S
OTHER
100000
DESCRIPTION OP OPSUTIONS10CATRNSAISH CLESISPHOML ITEMS
CTfl OF DENTON IS ADDITIONAL INSURED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 80 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CRY OF DENTON LEFT, FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ON
YCKINNEY STREET
ATTN JODI LIABILITY ANY KIND UPON THE COMP ITS AGENTS ON REPRESENTATIVES
I
DENTON TX 7=1 ® NIESEHTATIVE
C