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HomeMy WebLinkAbout1995-148Z95004A.0RD ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN OF LOT 4R, BLOCK 27, ORIGINAL TOWN OF DENTON, A 0.661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED FORTY FEET (140') NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST STREETS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jack Bell previously applied for and received approval of a change in zoning from the Commercial (C) zoning district and use classification to the Planned Development District zoning district and use classification (PD-156), upon passage and approval of Ordinance 95-043 on March 7, 1995; and WHEREAS, Jack Bell has subsequently applied to the Planning and Zoning Commission to amend the detailed plan applicable to said zoning, to allow retail uses in addition to those already approved; and; and WHEREAS, on August 9, 1995, the Planning and Zoning Commission recommended approval of the requested amendment to the previously approved detail plan; and WHEREAS, the City Council, finds that the amendment to the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the detailed plan for the PD-156 zoning district classification and use designation of the 0.661 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference, is hereby amended to include retail, as well as office and apartment uses, under the comprehensive zoning ordinance of the City of Denton, Texas, said amendment being effected by the approval of the revised notes contained in Exhibit B, attached hereto and incorporated by reference herein, which supersede the notes contained in the original detailed plan. SECTION II. That the provisions of this ordinance govern and control over any conflicting provision of Ordinance No. 95-043. SECTION III. That a copy of this ordinance shall be attached to Ordinance No. 95-043, showing the amendment herein approved. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY "EXHIBIT All ALL that certain lot, tract or parcel of land lying and being situated in the William Loving Survey, Abstract Number 759 in the City and County of Denton, Texas and being part of Lots 3, 41 51 and 6, Block 27, Original Town of Denton, as described in the deed from Dollie I. Cruze to S.B. Frost recorded in Volume 561, Page 191 of the Deed Records of Denton County, Texas and in the deed from S.B. Frost Oil Company to Stanley F. Frost and wife recorded in Volume 656, Page 471 of the Deed Records of Denton County, Texas the subject tract being more particularly described as follows: BEGINNING at the northeast corner of said Frost tract recorded in Volume 561, Page 191 of the D.R.D.C.T., same being a point on the west line of South Locust Street; THENCE South 02. 07, 081 East along the east line of said Frost tract (V. 561/P. 191) and the west line of South Locust Street a distance of 76.08 feet to a point for corner; THENCE South 89. 301, 25" West along the south line of said Frost tract (V. 561/P. 191) a distance of 151.11 feet to a point for corner, said point lying in the east line of said Frost tract (V. 656/P. 471, Tract I); THENCE South 00. 251, 55" East with the east line of said Frost tract (V. 656/P. 471, Tract I) a distance of 36.15 feet to a point for corner; THENCE South 890 370- 0911 West with the south line of said Frost tract (V. 656/P. 471, Tract I) a distance of 151.19 feet to a point for corner, said point lying on the east line of South Elm Street; THENCE North 00 • 261 49" West along the east line of South Elm Street a distance of 115.25 feet to a point for corner, said point being the northwest corner of said Frost tract (V. 656/P.471 Tract II); THENCE South 89. 451, 13" East along the north line of said Frost tract (V. 656/P.471 Tract II) a distance of 150.27 feet to a point for corner, said point being the northeast corner of said Frost tract (V. 656/P.471 Tract II) and the northwest corner of said Frost tract (V. 561/P. 191); THENCE South 89. 571 1711 East along the north line of said Frost tract (V. 561/P. 191) a distance of 149.83 feet to the POINT OF BEGINNING and containing .661 acre of land. ATTACHMENT 3 AMENDED NOTES FOR PLANNED DEVELOPMENT ZONING REQUEST ON LOT 4-11 Detailed Plan Notes: Lot 4-R is owned and will be developed by Jack Bell. Jr of Denton, Texas. Two existing vacant buildings will be demolished and removed. Planned Development zoning is requested on the lot. Three structures will be built; each with office space and retail on the ground floor and apartments on the second floor. 2. Lot 4-R is 0.661 acres of area. The building will be set back approximately 23'6" from S Elm and S. Locust street rights -of -way. This setback is more than the other buildings on Block 27 (the Mercado Juarez restaurant, the Denton County 5 story budding at S. Locust and Sycamore, and a masonry building on S Elm.) 3- Development Standards: Maximum Building Height 2 stories Maximum Building Area ( Total of 3) 6480 sq. ft. (ground floor office.) 6100 sq. ft. (second floor apartments) 12,580 sq. ft. 4 Parking will be shared between Lots 4-R and 5-R. A written joint use agreement will be provided by Mr. Bell, the owner of both lots (and the buildings thereon). Parking shall be provided according to sections 35-30 (c) 2, 35-301 (c) 15, 35-301 (c) 19 of the Code of Ordinances. 5 No drainage structures are proposed with this redevelopment. Lot 4-R has 95% + impervious cover at present. The entire lot is located in the floodway fringe; it is inundated by the 100-year flood but it is beyond the floodway limit. Consequently, construction is permitted if (and only if) it complies with City and federal flood plain management regulations. It is required to provide finished floor elevations at least 1 5' above the 100-year flood elevation. 6 All necessary water and sanitary sewer main improvements are in place to serve this redevelopment. No new construction is proposed. Electric facilities are available to the lot. A new transformer will be installed at the northeast corner of the lot. 7 Lot 4-R is entirely within the city limits. Current zoning is Commercial. 8 Lot 1-R is owned by the Denton Housing Authority It includes the old five story hotel at the corner of Sycamore and S. Locust Streets which will be remodeled for housing use The portion of Lot 1-R adjacent to Lot 4-R is currently vacant ground 9 Traffic Generation (based on Moderate Activity Center rate): 0.661 ac. x 350 trips/day/acre = 231 trips/day 10. No public open space is proposed for Lot 4-R. 11 No fencing, berms, or screening are proposed 12 Concrete sidewalks exist along the entire frontages of S Elm and S. Locust Streets. Both sidewalks are located in the street nght-of-way They are not shown on the drawing in order to avoid clutter. 13. Project signs: Two free standing directory signs will be constructed, one at each end of the lot near the building. Each sign will have 25 square feet in surface area. 14 Apartments on the second floor may be larger than the first floor. The apartments will overhang the offices and retail at the front and rear walls Building setback distances from the lot line will be 10' for the first floor offices and retail, and at least T6" for the second floor apartments. Minimum finished floor elevations are shown for each office (Add 630' to each number.) Refer to Note 5 for additional information. 15. Twenty-five 5 gallon dwarf Burford Holly and two 2" Texas Red Oak trees will be planted at each end of the new parking lot in the "screening area." The planting bed width varies from T to 6' along S. Elm and averages 8' along S. Locust. Sixty-five percent of the total street yard will be landscaped. ORDINANCE NO. -01 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR 1697 1-5&8 PRIESTER 1697 9&10 WESCO 1731 ALL DEALERS SUPPLY ELECTRIC AMOUNT $ 57,355.00 $ 19,372.00 $146,332.26 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and ap roval. PASSED AND APPROVED this day of �� , 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY!90i(l 1 , A APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: cfo\A '/4 -AC-Zr DATE: MARCH 7, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1697 - DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidders for each item as follows: Items 1-5 & 8 to Priester Supply in the total amount of $57,355.00. Items 9 & 10 to Wesco in the total amount of $19,372.00. This will be a total award of $76, 727.00. Items 6 and 7 will not be awarded at this time. SUMMARY: This bid is for the purchase of conventional overhead and padmounted transformers. These transformers will be used throughout the electric distribution system for new installations, replacements and backups. Cancellation of two residential development has left inventory on hand of items 6 and 7; therefore, those will not be purchased. Eighteen (18) bid packages were sent to vendors, and eight (8) proposals were received for this bid. BACKGROUND: Tabulation Sheet, memorandum from Don McLaughlin dated February 10, 1995. FISCAL IMPACT: Budgeted funds for Electric Distribution 1995 Account Number 610-103-1031-3680-9222 with a balance of $279,519.28. pe itte Lloyd V . Harrell City Manager Prepared By: Name: Denise Harpool Title: Senior Buyer Ap roved Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 578.AGENDA 8 8 8 8 8 8 8 8 8 8 z IL LL T LIJ 88 _ H LHLy W �p O N pp p p_ p pw p p p p O O w v► w i LLa U T z 8 88 8 8 8 p O g g g 8 M �jNy w w �► LL. C Q 8 8 8 8 8 8 8 8 8 {y2N CN8 H N fro O Z C N N w i9 H �N�jj'' w �Nj w LLW �O �Q Z m com 0 m m 0 co f Z Z Z H w LL LU O� 8 8 8 8 8 8 8 8 8 8 wLLw a �n Q N d N d d Q a 6 d d d 0 > o m d d 0 > o m w Q 0 > 0 m 0 d 0 > 0 m a> 0 pq 0 Z o 0 Z o 0 N. z o O N Z o O N Z o O J V J o J o J J o z rq z m Z w z m Z w F d F d F d F d F o ��r w w6 >m w6 >x wd >x wd >x w6 >m zQz;zNzNZN :)o::) o oNo� IA r Zd 0wdowdowQow Zu+ Za Zd Qowd� Zd .o.a0 0 Or w OW m m uJ>wJ>wJ>wJ>uJ>a�cNowowca O m a z^ O m a z„ O m az N O m a z h O a z a x a Z d a d d d ffll77 wrNWr Wr wr Wr S x p� W a° aw aO 0w a° mw aQ mm mQ mm 0z02 ozozoZozoa d 0m00W 1 O Z za Z za za za Z zW v�,�v°'i�oiv,v',mmH F >0 fa. >0 F >0 F >0 (a. > o W c. wlm w W m awaW n0i W Q p d W d W d w d w d w Q w Q w d w Q w d w Z To: Denise Harpool, Senior Buyer From: Don McLaughlin, Senior Engineer Electric Engineering Date: February 10, 1995 Subject: Evaluation of Quotes on bid # 1697 The Utility staff recommends awarding the bid to low bidders Priester and Wesco. Sincerely, Donald L. McLaughlin Attachments: I. PUB Agenda Item EXHIBIT I FOR BID 1697 ITEM 1: LOSS/COST EVALUATION OF TWENTY-FIVE 25 KVA 120/240 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER BIDDER MADE BY NIL LOSSES ILL LOSSES TL LOSSES BID COST CAL. COST DELIVERY DAYS CUMMINS CENTRAL 67 259 326 $597 $3,655 98 POLELINE KUHLMAN 66 255 321 $520 $3,370 98 SESCO SESCO 85 350 435 $629 $4,292 12 TECHLINE HOWARD 56 359 415 $457 $3,507 12 TEMPLE GE 61 261 322 $582 $3,563 5 WESCO ABB 64 294 358 $502 $3,455 701 LOW BID $3,109 ITEM 2: LOSS/COST EVALUATION OF TWENTY-TWO 50 KVA 120/240 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER MADE NIL ILL TL BID CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS CUMMINS CENTRAL 127 406 533 $841 $5,592 98 POLELINE KUHLMAN 108 458 566 $737 $5,299 98 VIEW SESCO SESCO 160 550 710 $917 $6,724 120 TECHLINE HOWARD 103 544 647 $674 $5,403 3 I TEMPLE 1 G ill —111 396 507 $880 $5,549 _1123 _ 56 561 IWESCO JABB 50 + 618 $713 $5,447 70 I LOW BID 1 $5,113] ITEM 3: LOSS/COST EVALUATION OF THREE 25 KVA 240/480 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER BIDDER MADE BY NIL LOSSES ILL LOSSES TL LOSSES BID COST CAL. COST DELIVERY DAYS CUMMINS CENTRAL. 721 253 325 $597 $3,672 98 POLELINE SESCO KUHLMAN SESCO 66 66 85 309 375 $559 $3,727 .! . . . . . . $4,292 98 120 350 435 $629 TECHLINE HOWARD 59 350 409 $4"q 891 $3,603 123 TEMPLE GE 61 204 265 $7381 $3,853 168 WESCO ABB 51 319 370 $590 590 $3,748 70 I LOW BID 1 $3.539] 09—Feb-95 12:51 PM EXHIBIT I FOR BID 1697 PAGE 2 ITEM4: LOSS/COST EVALUATION OF THREE 50 KVA 240/480 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER BIDDER MADE BY NL LOSSES ILL LOSSES TL LOSSES BID COST CAL. COST DELIVERY DAYS CUMMINS CENTRAL 115 436 551 $828 $5,573 98 POLELINE SESCO KUHLMAN SESCO 92 160 522 550 614 710 $795 $917 $5.628 98 $6,724 120 TECHLINE HOWARD 1041-543 647 $703 $5,505 123 'TEMPLE IGE 1241 314t 438 $1,094 $6,039 56 IWESCO JABB gi 1 664 755 $769 $6,124 70 LOW BID $5,284 ITEM 5: LOSS/COST EVALUATION OF SIX 75 KVA 240/480 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER BIDDER MADE BY NIL LOSSES LOSSES TL LOSSES BID I COST CAL. COST DELIVERY DAYS CUMMINS CENTRAL 165 569 734 $1,096 $7,450 98 POLELINE SESCO KUHLMAN SESCO 137 220 705 800 842 1020 $1,099 $1,522 $7,793 $10.310 98 120 TECHLINE HOWARD 153 736 889 $920 $7,451 1231 TEMPLE GE 128 587 715 $1,208 $7,595 56 WESCO ABB 264 652 916 $865 $7,840 70 LOW BID $7,297 ITEM 8: LOSS/COST EVALUATION OF ELEVEN 100 KVA 120/2400 PADMOUNTED LOOP FEED SINGLE PHASE TRANSFORMER BIDDER MADE BY NIL LOSSES ILL LOSSES TL LOSSES BID COST CAL. COST DELIVERY DAYS CUMMINS CENTRAL 186 721 907 $1,464 $9,502 56 POLELINE SESCO SESCO 220 940 1160 1-I'lam $2,103 $12,857 120 TECHLINE HOWARD 222 709 931 $1,413 $9,579 ITEMPLE IGE 1871 E9 889 1076 '5 $2,287 $12,992 VAINTRAN IVANTRAN 1801 =64�0820 $2,187 $11,558 1 WESCO JABB 2251 5031 728 $1,610 $9,412 LOW BID $9,172 09-Feb-95 12:51 PM C:kTRANX\B1697�131697WK3 LL 123 154 65 63 EXHIBIT I FOR BID 1697 ITEM 9: LOSS/COST EVALUATION OF FOUR 167 KVA 120/240 PADMOUNTED LOOP FEED SINGLE PHASE TRANSFORMER MADE NIL LL TL BID CAL.=DELAIVERYBIDDER BY LOSSES LOSSES LOSSES COST COST CUMMINS CENTRAL 262 1186 1448 $2,018 $13,9451 98 POLELINE PRIESTER COOPER 266 1266 1532 $1,965 $14,132 63 SESCO SESCO 380 1400 1780 $2,645 $17,939 120 TECHLINE HOWARD 304 1123 1427 $2,097 $14,299 84 TEMPLE GE 295 1319 1614 $4,679 $23,768 154 VANTRAN VANTRAN 235 1180 1415 $2,854 $16,520 65 ::.:4�}i:': }; .};f,.J:: s:.:: �•:i{>::i:� ni ii.,.:::.:: ...) ::: n::::.:.r.:}4:. %:i::: �'{y�y{y��} : fi'::iip }:;.::4}:;. ;'n}.i:f{ .: r':}•: q:.:.:Of•;:.. 4}'F'.}:::..:♦•.M.W.+.:}r}.i::4 :.t: x :. (.::..: {..n...f. ^:•::t: ,.�.{..}; .v:. n.:.:::.. .::..}: J:.;'.J.i:.�.:. n.:.n :•.. :):f:.Ji{:.).}.;.}:}':�.{. .. >:¢i.},�'; }v y. :..±�:.jr.�.:/'yr{: It ..:J.>..i): y';.AG J{}.:.�:..:..}i:fj�j ��ivrilil.<: �r: ;S.{:{.n:� n.�•; ....}.v>...�:.n: .:: ::!Gh{.<}::: ii%�v f .j:{:nrv}%}{:{' !ii�t:;{::ii: t'F: �:i:{I'}x: {:it!,�.�1:: LOW BID $13,685 ITEM 10: LOSS/COST EVALUATION OF TWO 300 KVA 277/480 THREE PHASE LOOP FEED PADMOUNTED TRANSFORMERS MADE NILILL TL BID CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS CUMMINS PAUWELS 530 2310 2840 $5,594 $30,638 112 POLELINE PAUWELS 530 2310 2840 $5,632 $30,766 112 PRIESTER COOPER 677 2327 3004 $5,055 $30,094 91 SESCO SESCO 1050 3420 4470 $6.487 $41,503 120 TECHLINE HOWARD 475 3255 3730 $4,717 $30,207 123 TEMPLE GE 184 1709 1893 $7,085 $30,891 98 VANTRAN VANTRAN 580 2240 2820 $6,546 $34,050 65 :..v �'•::... �y ::::,. }:.>.4i}:fie}�: $:.:::.v yv. ..: .. .%{.;:.:Jfif,.; �.:: . � .. ,�y .. .} t;:{nJ>:gv r.:::n .. O:>::t.'•�{j\$i .::.f,.::.p v...OnW::} .• :Ov..:�; LOW BID $29,175 09—Feb-95 I 12:51 PM C:\TRANX\61697\Bl697.WK3 II ITEM DESCRIPTION EXHIBIT II FOR BID 1697 QUANTITY DISTRIBUTOR MANUFACTURER PRICE I TOTAL C:\TRANX\B16971B1697.WK3 09—Feb-95 TOTAL COST 12:51 PM $76,727 ITEM 1 25 KVA 120/240 OH 25 PRIESTER COOPER $497 $12,425 ITEM 2 50 KVA 120/240 OH 22 PRIESTER COOPER $841 $18,502 ITEM 3 25 KVA 240/480 OH 3 PRIESTER COOPER $618 $1,654 ITEM 4 50 KVA 240/480 OH 3 PRIESTER COOPER $619 $2,457 ITEM 5 75 KVA 240/480 OH 6 PRIESTER COOPER $1,147 $6,882 ITEM 6 25 KVA 120/240 UG ITEM 7 50 KVA 120/240 UG ITEM 8 100 KVA 120/240 UG 11 PRIESTER COOPER $1,385 $15,235 ITEM 9 167 KVA 120/240 UG 4 WESCO ABB $2,243 $8,972 ITEM 10 300 KVA 277/480 LOOP UG 2 WESCO ABB $5,200 $10,400 DATE: MARCH 7, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1731 - PVC CONDUIT & ACCESSORIES RECOMMENDATION: We recommend this bid be awarded to the low bidder, Dealers Electric, at an estimated annual expenditure of $146,332.26. SUMMARY: This bid is for an annual price agreement for PVC conduit and accessories to be purchased as needed to replenish inventory in the warehouse. This PVC is used by Electric Distribution in the installation of underground electric service throughout the City of Denton system. Eight (8) bid proposals were received in response to ten (10) bid packages sent to vendors. BACKGROUND: Tabulation Sheet FISCAL IMPACT: Budgeted funds for Warehouse Working Capital 1995 Account Number 710-043-0582. ectfull/s�tted yd Vl[.HHarrell City Manager Prepared By: Name: Denise Harpool Title: Senior Buyer Approved: -��5-- Name: Tom D. Shaw, C.P.M. 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O.yr- M N M �i a M Q Q jyj 'rrlr • '"�iMpOi�IV\�QOpO�NpMp�IQ\l\1C�� ^, in �iQyip� �; � O� • • �� H • H w ip a V1 ti N .�-� • 0 N1 V1 kn z NLO rl 00 `D V Hw d'"�b �7e a �" a �aae V1�1E 0~� >C V1ESvt a� 0 N iC>Ct w/w�/p��J+r^��+r^p�^pr�"1 XXX��ai� �.O.N nNN Omm U:i7�' rlrrr�777aa,�aaa?��1aa,caaaW0.�i�" gg NN'"C7C7C7 gg N w e4 U¢cc ; +,+.lr F+F. F+SS�iii..S777Sgggg N N CL w z SS 0 �8 88 • CO w M MINIM M tap 2 2 o 4 9 ^9 Z Z Z 9 $�:.���I��V1V1V1�V1V1V1V1$��$�$0��aCIA _o o_ a m 0 * �NMaV1 DPaoC Hm NHN4Np 0 N N 9 oMMM"Al • » • « NOTE: This ordinance has been amended by ordinance 495-091, attached to back. ORDINANCE NO. -0 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 1711 FLOYD GLENN SMITH $ 58,321.40 1724 PITTMAN CONSTRUCTION $150,000.00 1729 DRT MECHANICAL $ 85,050.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 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 ,1995. BOB CASTLEBERRY, MAYOR/ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP ROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY DATE: MARCH 7, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1711 - MORSE STREET AND GARDENVIEW STREET SIDEWALKS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Floyd Glenn Smith, in the amount of $44,273.60 for Morse Street and $14,047.80 for Gardenview Street. The total bid award is $58,321.40. SUMMARY: This bid is for sidewalks on Morse Street running from Lakey Street, east to Woodrow Lane (approximately 22001) and on Gardenview from Fallmeadow, east to Brook (approximately 10501) . The bid includes removal of some old existing walk, surface and site preparation and new walkways. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Residents of the Morse Street and Gardenview areas, and CDBG. FISCAL IMPACT: These projects will be funded from 1993-94 CDBG funds. The bids are approximately $30,000 under original budget estimates. Resp "fully submitted: ar C' Manager Approved: lz=�— 5� Name: TomD. Shaw, C.P.M. Title: Purchasing Agent 577.AGENDA BID # 1711 BID NAME MORSE STREET SIDEWALK & GARDENVIEW ST. SIDEWALK OPEN DATE JANUARY 26, 1995 SOUTHWEST IND'L CONST. FLOYD SMITH DBR CONST. # QUANTITY DESCRIPTION > ..::: itEND:OR':' :: VENDOR .: VENDOR : . ::VENDOR ;VENDOR 1. GARDENVIEW ST.SIDEWALK $78,610.50 $14,047.60 $15,164.00 2. MORSE STREET SIDEWALK $188,394.75 $44,273.60 $48,804.00 TOTAL BID $267,005.25 $56,321.40 $63,968.00 BID BOND YES YES YES CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 7 day of MARCH CITY OF DENTON A.D., 1995 , by and between of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and FLOYD GLENN SMITH P_O. BOX 1781 / 1519 WILLOWOOD DENTON TEXAS 76202 of the City of and State of DENTON TEXAS termed "CONTRACTOR." , County of DENTON hereinafter 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 # 1711 - MORSE STREET AND GARDENVIEW STREET SIDEWALKS in the amount of $58,321.40 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 OF DENTON ENGINEERING AND TRANSPORTATION DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the at specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification 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. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: APPROVED AS TQ-.-7: i AAA0184 Rev. /28/94 CA - 3 FLOYD G SMITH CONTRACTOR ,j MAI INtz ADDRESS '16a PHONE NUMBER FA�C NUMBER BY TITLE )E'jou d 61e)'I �� I G� PRINTE NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH , of the City of DENTON County of DENTON and State of TEXAS as PRINCIPAL, and %or C4 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 FTFmv FIGHT THousANp TH E . ED TWENTY ONE and 40/100------------- Dollars ($ 58,321.40 ) 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 MARCH , 19 95 , for the construction Of BID # 1711-MORSE STREET AND GARDENVIEW STREET SIDEWALKS 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 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 ^:hange, 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 _-Z/L day of{�p/� 19� - Principal By Title EJGcl/i Address: (SEAL) /k=Nj d6&11- S'ct,ef T y or- 191n,5,eief9 Surety Title /9 T TOelV� / IV Fl9cl Address: _Fn30 6o &c-/V To.6/, TK 7&v A0.5" (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 PAYMENTBOND .STATE OF TEXAS COUNTY OF DENTON k, KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH of the City of DENTON County of DENTON and the State of TEXAS , as principal, and 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 and 40 100--- sum of FIFTY EIGHT THOUSAND THREE HUNDRED TWENTY ONE Dollars ($58.321.40 ) 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 MARCH 19 95 . BID # 1711 - MORSE STREET AND GARDENVIEW STREET SIDEWALKS to which contract is hereby referred to and made a part hereof as fully and tc 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 --L day of �✓ 19. F/Gc Gf C IC61 !1 i rincipal By_ bf I 0-rr1 Title 'V I e � Address: PC). C). o oK'/%J'/ (SEAL) Surety Title Address: IF&O & -E135 t&%i (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 § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH as Principal, and 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 EIvE THOUSAND EIGHT H1JNDRFD TRTRTV TWn nni 14.4100-- Dollars ($ 5,832.14 ), 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 has this day entered into a written contract with the said City of Denton to build and construct BID # 1711 - MORSE STREET AND GARDENVIEW STREET SIDEWALKS 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 day's 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 LL412 as Contractor and Principal, has caused these presents to be executed by and the said �2/VlG' eS�} �,5Gtp�., v OF as surety, has ca,,ised these presents to be executed by its Attorney -in -Fact and the said Attorney -in -Fact has hereunto set his hand this day of 6&)k. , 19J. SURETY: Attorn -in Fact PRINCIPAL: AAA0184D Rev. 07/28/94 MB - 2 UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY amd H®ea TX 0908218 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA. a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Cathy Miller its true and lawful Anorney(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 Construction Obligee: City of Denton, Texas Amount: $58.321.40 and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the company and duly attested by its secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do 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 Ith 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 Attorneys) -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 facsimilie to any Power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by Its President, John Knot, Jr. and its corporate seal to be hereto affixed this 7th day of January, A.D.,1993. x"�aRcrr WAS State State of Texas *„+ as: County of Harris UNIVERSAL SURETY OF AMERICA J ox, Jvzoll r. Prosident On this 7th day of January, in the year of 1993, before me Angela P. Daigle a notary public, personally appeared John Knox, Jr., personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN I We ro"wo, 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 still in affect. GIVEN under my hand and the seal of said company, at Houston, Texas, this 6TH day of APRIL 19 95 Secretary For verification of the authority of this power you may telephone (713) 7224600. 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 nas 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 REVISED 08/02/93 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 ink,ludes a general annual aggregate limit providing ror 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 09/02/93 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: (X) A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 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 coverages. • 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 08/02/93 Cl - 3 Insurance Requirements Page 4 [X] 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. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] 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 Ownel 's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AAA00350 REVISED 08/02/93 Cl - 4 Insurance Requirements Page 5 [ 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. [ l Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ I Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ I Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific conditions" of the contract specifications. AAA00350 REVISED 08/02/93 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. AAA00350 REVISED MUM 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 mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAA00350 REVISED 08/02/93 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 L;uverage 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 AAA00350 REVISED 08/02/93 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 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. AAA00350 REVISED MUM Cl - 9 Gardenview Street Sidewalk WORK DAYS ' 20 BID NO. PO NO. BID TABULATION SHEET ITEN T DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Remove Concrete Curb and Gutter 60 LF $ 5.00 /LF $300.00 Unit Price in words: Five lars and no/100 8.2-A Concrete Curb and Gutter 20 LF 0.00 /LF i$l $200.00 Unit Price in Words: Ten dol rs and no/100 8.3-A 4" Concrete Sidewalk 338 SY $ 26.10 /SY $8,821.80 Unit Price in words: Twenty-six dollars and 10/100 SP-27 Relocate Water Meter 2 EA $125.00 /EA $250.00 Unit Price in words: One hun ed twenty-five dollars and no/100 SP-2 Concrete Saw Cut 56 LF $ 5.00 /LF $280.00 Unit Price in Words: Five dol ars and no/100 SP-15-A Adjust Water Valve 4 EA $ 125.00/EA $500.00 Unit Price in Words: One hundred tw -f vee doll,ars and no/100 3.10.7 Hydromulch 338 SY $ 2.00 /SY $676.00 Unit Price in Words: Two dollars and no/100 ; 3.9.3 St. Augustine Sod 80 SY $ 6.00 /SY $480oOO Unit Price in Words: Six d411ars and no/100 f' SP-39 Project Sign 2 EA $ 250.00/EA $500.00 Unit Price in Words: Two hun red fiftv dollar and 60 100 rE:1 Temporary Erosion Control -- LS $ 50.00 /LS $ 50.00 Unit Price in 'lords: Fitt" d 11ar5 and no/100 SP-44 Sprinkler System Adjustments -- Ls $ :200.00 /LS $200.00 Unit Price in words: Two hun red dollars and no/100 1� Gardenview Street Sidewalk BID TABULATION SHEET WJ K DAY- 2u BID NO. 3731 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.1 Preparation of Right of Way -- LS $ /LS 500.00 $ 500.00 unit Price in words: ,give hu dred dollars and no/100 8.1 Barricades, Signs and Detours -- LS $ 300.0(/LS $ 300.00 Unit Price in words: 'Three h ndred dollars and no/100 1.21 Contractors Warranties and Understandings -- LS $ /LS 300.00 $ 300.00 Unit Price in Words: Three 1jundred dollars and no/100 3.3 Unclassified Excavation 69 CY $ 10.00 /CY $ 690.00 Unit Price in words: Ter dollars and n9/100 _ TOTAL $14,04+7.80 Fourteen thousand forty-seven dollars and 80 *3.10.3 Seeding 338 SY $ 2.00 /SY $ 676.00 Unit Price in words: Two dollars .and no/100 L00 * This item may be substituted for item 3.10.7 (Hydromulch) at the Engineer's option. P — 4 'Horse Street Sidewalk WORK DAYS 44 - - 0-__ BID NO. PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Remove Concrete Curb and Gutter 65 LF $ 5.00 /LF $325.00 Unit Price in Words: Five dollars and no/100 3-C Remove Concrete Driveways and Sidewalks 3 SY $ 16.20 /SY $48.60 Unit Price in Words: Sixteen i1ollars and 20/100 SP-11 Rebuild Brick Mailbox 2 EA $ 375.00 /EA $750.00 Unit Price in Words: Three hiindred seventy-five dollars and no/100 3.3 Unclassified Excavation 218 CY $ 9.00 /CY $1,962.00 Unit Price in Words: Nine dot ars and no/100 SP-12 Relocate Mailbox 6 EA $ 20.00 /EA T120.00 Unit Price in Words: Twenty 41ollars and no/100 8.2-A Concrete Curb and Gutter 15 LF $ 10.00 /LF $150.00 Unit Price in Words: Ten dol ars and no/100 8.4 2' Concrete Median 572 LF $ 15.00 /LF $ 89580.00 Unit Price in words: Fifteen dollars and no/100 SP-15.B Adjust Manhole 2 EA $ 250.00 /EA $500.00 Unit Price in Words: Two hund ed fifty dollars and no/100 SP-27 Relocate Water Meter 1 EA $ 125.00 /EA $ 125.00 Unit Price in words: One hundred twenty-five dollars and no/100 8.3-A 4' Concrete Sidewalk 900 SY $ 26.10 /SY $23,490.00 Unit Price in Words: Twenty-s x dollars and 10/100 8.12 Pipe Handrail 20 LF $ 20.00 /LF $400.00 Unit Price in words:Tcaenty dollars and no/100 P - 5 Morse Street Sidewalk WORK DAYS 40 BID NO. 1711 PO NO. BID TABULATION SHEET ITEN DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-2 concrete Saw Cut 97 LF $ 5.00 /LF $485.00 Unit Price in words: rive ollars and no/100 8.13 Relocate Chain Link Fence 127 FTF $ 5.00 /LF $635.00 unit Price in words: Five dollars and no/100 3.10.7 Hydromulch 900 SY $ 2.00 /Sy F11800,00 Unit Price in words: Two dollars and no/100 3.9.3 St. Augustine Sod 120 SY $ 6.00 /SY $720.00 Unit Price in Words: Six dollars and no/100 4.5 6" Thick Flex Base 42 SY $15.00 /SY $630.00 Unit Price in words: Fifteen dollars and no/100 8.15 Concrete Rip Rap 9 SY $ 27.00/SY $243.00 Unit Price in Words: Twenty-seven dollars and no/100 SP-39 Project Signs 2 EA 250.00 /EA $500.00 Unit Price in Words: Two,hundred fifty dollars and no/100 3.12 Temporary Erosion Control -- LS $100.00 /LS $100.00 Unit Price in Words: One hu ned dollars and no/100 SP-44 Sprinkler System Adjustments -- LS $ /LS 750.00 $ 750.00 Unit Price in words: Seven h ndr.ed fifty dollars and no/100 3.1 eparation of Right -of- ay Fr -- LS $ /LS 500.00 $ 500.00 Unit Price in words: rive hun red dollars and no/100 8.1 Barricades, Signs and Detours -- LS $ 300.00/LS $300.00 Unit Price in Words: Three hiindred dollars and no/100 P - 6 Vorse `Street Sidewalk WORK DAYS ¢_ 0__ BID NO. _ 1711 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor's Warranties and Understandings -- LS $ LS 1,100.d $1 100.00 > Unit Price in Words: One thou3and one hundred dollars and no/100 3.7 Compacted Fill 3 CY $ 20.00 /CY $ 60 00 Unit Price in Words: Twenty dollars and no/100 TOTAL $ 44,273.60 Forty-four thousand two hundred seventv-tfl�ireej and 60/100 *3.10.3 Seeding 900 Sy $ 2.00 /SY 1 $1,800.00 Unit Price in Words: Two dollars and no/100 * This item may be substituted for item 3.10.7 (Hydromulch) at the Engineer's option. P - 7 BID SUMMARY TOTAL BID PRICE IN WORD __Fifty-eight thousand three hundred twenty-one dollars and ZL0/100 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. Floyd Glenn S t CONTRACTOR , BY Floyd Glenn /S4h P.O. Box 1781 _1519 Willowood Street Address Denton, IX 76202 City and State Seal & Authorization (If a Corporation) (oV) 565-0114 Telephone ie i BID SUMMARY Project Gardenview Sidewalk Morse Street Sidewalk TOTAL Work Days Bid 20 $14,047.80 40 $44,273.60 60 $58,321.40 Bid award will be based on total bid prices. Projects are being separated out for accounting purposes only. Each project is to be worked separately, one at a time so that one area is finally cleaned up before moving on to the other. Total days will be counted. The contractor has 60 work days to complete both projects. C-� SENT BY:Denton Texas A0411n ; 4-18-85 ;10!21AM ; Ramey & King Ins.-4 1 817 383 7302;# 1 Dfwt" TX ri8041-7{QY .................................................................. a�xl+ Dollo" c«d. <Roy plum $lnllnt v O°eo,I Tn+ Denton TX 78W COMrARY A LEM ,..s MWANY ..........I........... MANY C Lam WMANY LE D oowmv Lfrm COMPANIES AFFORDING COVERAGE .............. ......... _............................................ - ...... ......,.,,......... TLIBk7 U 1, - -- THIS W TO CERTIfY THAT TtfE POLICIES OF INSURANCE LISTED BtIOW HAVE BEEN ISSUED TO THE INSURE NAMED A,GOW FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CO1IDR10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AIFFORDEO BY THE POUCIEO DESCRIBED HEREIN IS SUSJEOT TO ALL THE TERMS, EXCWSIONS AND CONDITIONS OF SUCH„POLICIES. LIMITS SHOWN, MAY, HAVE BEEN WDUCED, BY PAID CLAM_ .............................................................. ..........................................._........ OF i POLICY @RCTIV! POLICY WMTIN LfMT6 T YPE NSUvUkA / ': P'CUW NIM I DA7$ CRAWMM) OAT! OOMMM TR I ' .... ......... ................................L.................................-.._........................5..................��..��........L...........................................................,.�........ ...if 'iyo euse>utaDr I aMro11MT oltro1ros ; oTM AoOrfOATE .. Ai................... _..........a .... .. ....... t X 'c*#*M& *DotL U MLffY MANS MAN x I OOOM owota a C&GwVon PROT. u/t0►IDN.1 UASM 1 . ML OH►m AUTOM i iOCFlDLAFA N%t0{ i i NpA0MR1® AUTDa ,........I O4RMii LIAIIM i I .. ..�... .......................... EIIOMMM LVALM �•••••••1 UMBRELLA POW ._' i oTHEn,NAh. UAe1�lA � waP�Ra OQIIPlTINTgN A AND DJPIDYrI$' LWiLf1Y OF OMrilAT10 4UXATK x mewom CRY a1 Dare CRY bt D&MMR SOt Tuns IL Denton TX "M ......11.... .......... I W4MCM40WAP A000... PENBOUIL a AN, NA1RM .......... 171E omom Pm m 04 Lr;D. GXPe1eE I'M ar PN r z:u BODILY NdMIV (Pv CMwd....................... GODLY KAM C'W IcNdmO �.............. ........... PRIM I M , SSA7ISM OalDU16 ACOMIT i.�. �. .................... I DWASE • POLICY LIMIT ......... I. ......................... F1giAfE • MAGI SOLO $MOUSHOO wwwwww.w..w.....•--•....-•- ............. LD ANY OF THE ABOVE CIE" BEo POLICIES BE 0111NCE1.LE0 BEFORE THE EXPIM7" DATE TpO ECF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL V _ OAVS WfMREN N0T10E TO THE CERTIFICATE HOLOgk NAMED TO THE LEFT. BUT FAILURE TO MAL SUCH NOTICE $HALL IMPOSE NO OBLIGATION OR tIA UTY OF ANY KIND UPON THE ODMM4)1 rj% AGENTS OR REPRIESENTATIVE& R$PRClTTATNE n — APR 18 '95 11:35 6172431050 PAGE.001 ALLSTATE WAYNE HOLT TEL:817-566-5942 Apr 19,95 8:53 No.001 P.01 CERTIFICATE OF INSURANCE ® 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 BYTHE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate Is Issued Name and Address of Insured CITY OF DENTON ITS OFFICIALS, AGENTS, FLOYD SMITH EMPLOYEES AND VOLUNTEERS AS ADDITIONAL PO BOX 1781 INSUREDS DENTON TX 76201-1781 VIA FAX ATTN: DENISE 383-7302 This Is to certify that policies of Insurance listed below have been Issued to the insured named above subject to the expiration date indicated below, nolwithatanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may "rtaln. The Insurance afforded by the policies described herein Is subject to all the terms, exclusions, and conditions of such policies. TYPE OF INSURANCE AND LIMITS COMMERCIAL GENERAL LIABILITY Policy Effective Number Date Expiration Date Limit Amount GENERAL AGGREGATELIMIT(OtherthanProducts— CompletedOperations) $ PRODUCTS —COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective EMPLOYERS' LIABILITY Number Date Expiration Date Coverage Limits WORKERS' COMPENSATION STATUTORY — applies only In the following states: EMPLOYERS' LIABILITY BODILY INJURY BY ACCIDENT $ EACH ACCIDENT BODILY INJURY BY DISEASE S EACH EMPLOYEE BODILY INJURY BY DISEASE $ POLICY LIMIT AUTOMOBILE LIABILITY Policy Effective Number 649559731 Date 6/11/94 Expiration Date 6/11/95 Coverage Basle Limits KIANYAUTO 0OWNED AUTOS IXHIREDAUTOS KISPEGIFIED AUTOS M NON-OWNEDAUTOS ❑OWNED PRIVATE PASSENGER AUTOS ❑OWNED AUTOS OTHER THAN PRIVATE PASSENGER CombinedSl le Limit of Liability BODILY INJURY& PROPERTY DAMAGE $ 1. 000,000 EACH ACCIDENT SollitLlabllH Limits Bodily Injury Dow Emil $ u PERSON I $ $ ACCIDENT UMBRELLA LIABILITY Policy Effective Number Date Expiration Date EACHOCCURRENCE GENERAL AGGREGATE PRODUCTS —COMPLETED OPERATIONS AGGREGATE a $ a OTHER (Show Policy Effective type of Policy) Number Date Expiration Date DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONSISPECIAL ITEMS MORSE & GARDEN VIEW SIDEWALKS CANCELLATION Number of days notice 30 04/19/95 AutMrWAReprusnlr,tlw O�te — Shou Id any of the above described policies be cancelled before the explratlondate, the Issuing company will endeavor to mail within the number of days entered above, written notice to the certif Icate holder named above. Butlailure to mall such notice shall Impose no obi Igatlon or Ilabl Ilty of any kind upon the company, Its agents or representatives. 110523-2 APR 19 '95 00:54 817 566 5942 PAGE.001 DATE: MARCH 7, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1724 - NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Pittman Construction, in the amount of $ 37,500.00 per park site for a total of $150,000.00. SUMMARY: This bid is to construct neighborhood playgrounds at MLK Recreation Center, Denis, Park, Mack Park and Owsley Park. The bid includes construction of a concrete border, "Fibar" surfacing and drainage, and equipment consisting of swing sets and play sets for each park. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department, CDBG Program and park participants. FISCAL IMPACT: Funding for these playgrounds was received from Community Development Block Grant Program. *Restfullyctf edaarrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 575.AGENDA BID # 1724 BID NAME NEIGHBORHOOD PARK PT TMAN BILL PLAYGROUND CONST. CONST. JENKS OPEN DATE FEBRUARY 9, 1995 # QUANTrrY DESCRlf"Tl0N" . VEN[7t7R:: '°.: VENDOR :. #1 MLK JR RECREATION CENTER PLAYGROUND CONSTRUCTION IA MATERIALS $25,500.00 $22,310.00 1B SUPERVISION, LABOR, EQUIP. $12,000.00 $16,347.00 #2 OWSLEY PARK PLAYGROUND CONSTRUCTION 2A MATERIALS $25,500.00 $22,310.00 2B SUPERVISION, LABOR, EQUIP $12,000.00 $16,347.00 #3 DENIA PARK PLAYGROUND CONSTRUCTION 3A MATERIALS $25,500.00 $22,310.00 3B SUPERVISION, LABOR, EQUIP $12,000.00 $16,347.00 #4 MACK PARK PLAYGROUND CONSTRUCTION 4A MATERIALS $259500.00 $22,310.00 4B SUPERVISION, LABOR, EQUIP $12,000.00 $16,347.00 BID AMOUNTS ITEMS IA,2A,3A,4A $104,000.00 $89,240.00 $48,000.00 $65,388.00 ITEMS 1B,2B,3B,4B $1501000.00 $154,628.00 TOTAL AMOUNT OF BID BOND YES YES CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this MARCH A.D., 19 95 , by and between CITY OF DENTON 7 day of of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and PITTNAN CONSTRUCTION 5405 DALLAS AVE. FT WORTH, TEXAS 76112 of the City of FT WORTH , County of TARRANT and State of TEXAS termed "CONTRACTOR." hereinafter 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 # 1724 - NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION in the amount of S15o,000.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified 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 PARKS AND COMMUNITY DEVELOPMENT DEPARTMENTS all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor 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. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: qP I. APPROVED ASTO FORM:A htWe- e)UCAk-tf S ktix*n4 C4}� f}y}Oin v-y ay; Ll� ram_ Aj0'u*Tcan}- City Attorney AAA0184D Rev. 07/28/94 CA - 3 EMIR bbpA ,1 PITTMAN CONSTRUCTION CONTRACTOR MAILING ADDRESS PHONE NUMBER '�76� 1 `l S FAX NUMBER BY `' Jl1 t/a2 TITLE PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That PITTMAN CONSTRUCTION of the City of FT_ WORTH County of TARRANT and State of TExAs as PRINCIPAL, and WASHINGTON INTERNATIONAL INSURANCE COMPANY , 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 TAR rTTV OF DENTON as OWNER, in the penal sum of ONE HUNDRED FIFTY THOUSAND and no/100---- Dollars ($ 15o,000.00 ) 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 MARCH 19 95, for the construction of 131D # 1724 - NEIGHBORHOOD PARK , PLAYGROUND CONSTRUCTION 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. 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 15TH day of MARCH 19 95 . PITTMAN CONSTRUCTION, INC. Principal By d l &L Title ! Ye S Address: 5404 DALLAS AVE FT WORTH TEXAS 76112 (SEAL) WASHINGTON INTERNATIONAL INSURANCE COMPANY Surety Title TRACY TUCKER, ATTORNEY -IN -FACT Address • P 0 BOX 2285 FT WORTH TEXAS 76113 (SEAL) The name and address of the Resident Agent of Surety is: THE TUCKER AGENCY, INC. 206 E 8TH ST #210 FT WORTH TEXAS 76102 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That PITTMAN CONSTRUCTION of the City of FT. WORTH County of TARRAMT , and the State of TEXAS as principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY 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 ONE HUNDRED FIFTY THOUSAND AND no/100-------- Dollars ($ 150,000.00 ) 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 19 95 . 724 - NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION MARCH 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. 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 15TH day of MARCH 19 95 PITTMAN CONSTRUCTION, INC. Principal By5:6 -uf Title Address: 5404 DALLAS AVE FT WORTH TEXAS 76112 (SEAL) WASHINGTON INTERNATIONAL INSURANCE COMPANY Surety Title TRACY TUCKER, ATTORNEY -IN -FACT Address: P 0 Box 2285 FT WORTH TEXAS 76113 (SEAL) The name and address of the Resident Agent of Surety is: TUCKER AGENCY, INC. 206 E 8TH ST #210 FT WORTH TEXAS 76102 AAA0184D Rev. 07/28/94 PB - 4 Power of Attorney WASHINGTON INTERNATIONAL INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint TRACY TUCKER. DELBERT TUCKER AND TOBIN TUCKER EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(s)—in—fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys — in — Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys — in — Fact, who are hereby authorized to certify copies of any power —of —attorney issued in pursuant to this section and/or any of the By —Laws of the Company, and to remove, at any time, any such Attorney —in —Fact or Special Attorney — in — Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate, bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upo IN TESTIMONY WHEREOF, the by its authorized officer, this 13t1 STATE OF ILLINOIS) COUNTY OF COOK) rte seal to be affixed On this 13th day of July, 1994, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONYWHEREOF, �I_hay&bpleuato.eetmfband and e4fixed my Official Seal, the day and year first above written. "OFFICIAL SEAL" ll CHRISTINE ZARETSKY S C stin/�retsky, NotaryPublic Notary Pu'lic, State of IlEnois My Comm:sr.an Exp res 10-7-96 S My Commission Expires ctober 7�_ 996 C W4GKT-E ;-sue >.. . STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By— Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated the 15TH W,.f MARCH / , 79 95 / l Lewis M. Moeller, Secretary CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AFFOOBAI REVISED 10/12/94 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. AFFOOBAI REVISED 10/12/94 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: Ic}" A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ $500,000.00 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. AFFOOBAI REVISED 10/12194 Insurance Requirements Page 4 [.Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. V Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). Owner's and Contractor's Protective Liability Insurance The Contra I obtain, pay for and maintain at all ' ring the prosecution of the wo this contract er s and Contractor's Protective Liability insurance polic the City as insured for property damage and bodily in' may arise in ution of the work or contracto ' atlons under this contract. Coverage on an AFFOOBAI REVISED I0112194 Insurance Requirements Page 5 "occurrence" ab�wd. company that carries the at least nce with a olicy shall be issued ffg'trac o ►ned bodily injury aggregate. Policy limits will be prepaay�amage per (] Fire Damage Legal Liability Insurance :unavailable overage is require f iability is not provided or is to t or if a ses or rents a portion of a ritl 4. Limits of not less than each oc m required. (] essional Liability Insurance Professional liability insuran not le per claim with respect to ne f rs or connection with rvices is required under this Agreement. [ uilders' Risk Insurance Builders' Risk Insuranc - isk form mp eted value shall be provide m coed Insured" the City of an all subcontractors as their interests may ap (] :u,: ditional Insurance urance m ired on an individual basis for and specific service afor a s at require e on itions" of the contract specifications. AFF009A I RE`/ISED 101]'J94 >nal insurance is described in the Insurance Requirements Page 6 ATTACHMENT 1 [.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 401.01 1(44) for all employees of the contractor providing services on the project, for the duration of the project. AFFOOBAI REVISED 10/12M 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 mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AFFOOBAI REVISED 10112/44 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 401.01 1(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 AFFOOBAI REVISED 10/12/94 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. AFFWBAI REVISED 10/12/94 BID SUMMARY Mr. Tom Shaw Purchasing Agent City of Denton Denton, Texas Mr. Shaw: Having carefully examined the sites, contract documents, plans and specifications, prepared by the Parks and Recreation Department, I (we) propose to furnish all materials, labor, service, and guarantees required to perform and complete the work described for the following: NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION • Martin Luther King Jr. Recreation Center • Owsley Park • Denia Park • Mack Park BID SCHEDULE DESCRIPTION AND• PRICE OCATIONATEM 1N WORDS Yu ITEM # 1 M.L.K. Jr. Recreation Center Playground Construction 1 A. For furnishing and supplying all materials for the playground construction including border, "Fibar" surfacing and drainage, and equipment according to the plans and specifications co iplete� and in place for the sum of -tV e. t i f �� 5 rv� w d P,4 dollars and n F-4 cents. 1 B. For furnishing all supervision, labor, and equipment for installation of a new playground described in IA above and the plans and specifications for the sum of %v e l yr 7LAv v) 9 µ,l S e"°- it F�7 dollars and 0 cents. Nr $-1'2�oD o ITEM #2 OWSLEY PARK PLAYGROUND CONSTRUCTION 2A. For furnishing and supplying all materials for the playground construction including border, "Fibar" surfacing and drainage, and equipment according to th , plans and specifications complete and in place for the sum of AL o ,4 a o dollars and n v ; 'c- cents. $ 2B. For furnishing all supervision, labor, and equipment for installation of a new playground described in 2A above and the plans and specifications for the sum of Tw el. e S e,e t, FF, dollars and cents. ITEM #3 DENIA PARK PLAYGROUND CONSTRUCTION 3A. For furnishing and supplying all materials for the playground construction including border, "Fibar" surfacing and drainage, and equipment according to the plans and specifications complete and/ in place for the sum of � u, e,n 1=0 �-Jv"54'-d7 7lvzj,/ 2� dollars and /�, I'C— cents. $ 3B. For furnishing all supervision, labor, and equipment for installation of a new playground described in 3A above and the plans and specifications for the sum of TW Z f o s4 (, 0 s e�e_ /, P, dollars and U cents. $ 17000 i ITEM #4 MACK PARK PLAYGROUND CONSTRUCTION 4A. For furnishing and supplying all materials for the playground construction including border, "Fibar" surfacing and drainage, and equipment according to the plans and specificafions complete and in place for the sum of -u -eu. k, dollars and r,,.- cents. 4B. For furnishing all supervision, labor, and equipment for installation of a new playground described * 4� above and the plans and /,..,Cr w e t, ., 4 v o specifications for the sum of 7 sIlvdSPvF"dollarW and cents. BASE BID AMOUNTS Items IA. 2A, 3A, and 4A for the sum of Okie kc,i --yl dollars / of,�n and A� cents. L, - Items 111, 2B, 3B, and 4B for the sum of dollars and cents. $ DO d TOTAL AMOUNT OF BID $ L)ow 66 DOLLARSAND O CENTS.) ALTERNATES pOD e owe seli�� �,,I wi�4 fh,�a�tP� �f /5'.�, Bidders are required to submit Alternate Bids to add work to or deduct work from the Base Bid. Failure to submit Alternate amounts in spaces provided shall be basis for disqualification of Bid. ALTERNATE # 1: For furnishing and supplying all materials, supervision, labor, and equipment for the installation of EIGHT (8) INCHES of "Fibar" %� Playground Surfacing. DEDUCT $ � 3 0 ALTERNATE # 2: (Per playground) For finnishing and supplying all materials, supervision, labor, and equipment for the construction of a 8" X 2'-0" Reinforced Concrete Playground Border (3000 p.s.i.) Add DEDUCT $-_ 000 ALTERNATE # 3: (Per playground) Delete Owsley Park playground construction in it's entirety from TAT " 3 the base bid. DEDUCT $ JV, , ALTERNATE # 4: Delete Mack Park playground construction in it's entirety from 3 �' the base bid. DEDUCT $ UP9. Washed Sand Playground Surfacing: Furnish materials for one cubic yard of Washed Sand Playground Surfacing, complete and in place for the sum of dollars and cents. UP 10. Provide labor to install one cubic yard of the playground surfacing as described in UP9 according to the plans and specifications complete and in place for the sum of eYk dollars and O cents. 1gUv (per cubic yard) $-ZZ 00 (per cubic yard) The undersigned certifies that the bid price contained in this proposal have been carefully checked and are submitted as correct and final. NOTE: Unit and Lump Sum prices must be shown in words and figures for each item listed in this proposal and in the event of discrepancy the words shall control. Receipt is hereby acknowledged for the following addenda to the contract documents: Addendum No. I Dated —, 44Received Addendum No. 2 Dated Received Addendum No. 3 Dated Received Addendum No. 4 Dated Received The undersigned agrees to complete in full the Construction of the Neighborhood Park Playgrounds within sixty (90) alendays after receipt of NOTICE TO PROCEED from the City of Denton. Seal if Corporation Attest: Title: c Contractor By: 40A Name: Title:�l i �j UP3. Gametime Model i18114 Swing -Set Unit, (or approved equal): Furnish materials for ONE swing set unit according to the pl s and specifications complete and in place for the sum of I'm c t✓ �" dollars and 0 cents. UP4. Provide labor to install ONE swing -set unit as described in UP3 according to the plans and specifics 'ons com lete and in place for the sum of i dollars and cents. $ 906 (per unit) $p O (per unit) UP5. Windsor Stone Border. Furnish materials for 1 face square foot of Windsor Stone Retaining Wall System according to the pl and specifications complete and in place for the sum of n_ G{ o %�� v 5 dollars and n cents. $ O (per face square foot) UP6. Provide labor to install playground border as described in UP5 according to the plans and specifi atipns complete and in place for the stun of 5e u� 0C O J I I PS dollars and f t„ cents. $ % (per face square foot) UP7. "Fibar" 301 Playground Surfacing and Drainage: Furnish materials for one cubic yard of "Fibar" 301 Playground Surfacing, Fibar Felt and Drainage accordDZ to the plans and specifications complete and in place for the sum of 2 tv e� 4y Slue t�l dollars and cents. $ % t_ (per cubic yard) UP8. Provid, labor to install one cubic yard of ten playground surfacing as described in UP7 according to the plans and specifications complete and in place for the stun of dollars and cents. (per cubic yard) ALTERNATE # 5: Delete Denia Park playground construction in it's entirety from the base bid. ALTERNATE # 6: Furnish and install 12" washed sand in lieu of the Fibar Surfacing. ALTERNATE # 7: DEDUCTS 3S, DO D DEDUCT S (Per playground) Furnish and install one Gametime # 191 Aluminum Stallion "C" Spring Saddle Mate, or equal. ADD ALTERNATE # 8: (Per playground) Furnish and install one Gametime # 196 Aluminum Mini Bike "C" Spring Saddle Mate, or equal. ADDS (Per playground) UNIT PRICES The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated on drawings. Prices are for materials furnished and installed. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Owner's Representative, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth above except as provided for in the specifications. UPI. Gametime Model #TDPR194 Playground Unit, (or approved equal): Provide materials for ONE playground unit according to plans and specifications complete and in place for the sum of dollars and _ cents. UP2. Provide labor to install one playground unit as described in UPI according to the plans and specifications complete and in pl for the sum of VeG k o„sA&4 s/,,r dollars and cents. r (per unit) S, t Ot> (per unit) ...... ....... ......... - ...... .......... . . . . . . .... ............ /YY) DATE (MM/DDij 03/16/95 PRODUCER THIS CERTIFICATE IS IbbUr-LJ AS A MATTER I th OF INFORMATION TUCKER AGENCY, INC- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 2285 GE AFFORDED BY THE POLICIES BELOW. FORT WORTH, TX 76113 COMPANIES AFFORDING COVERAGE COMPANY (817) 336-8520 A TX WORKERS COMP INSURANCE FUND INSURED COMPANY PITTMAN CONSTRUCTION, INC. B CNA INSURANCE COMPANY 5404 DALLAS AVENUE COMPANY FORT WORTH, TX 76112 C COMPANY D .. ....... . ..... N%N NN 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 X PRODUCTS - COMP/OP AGG $ 1,000,000 8 COMMERCIAL GENERAL LIABILITY —1 1031844321 11/15/94 03/23/95 CLAIMS MADE 51 OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) s 50,000 MED EXP (Any one person) s 5,000 - AUTOMOBILE LIABILITY B X ANY AUTO 1031844318 11/15/94 03/23/95 COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) 6 HIRED AUTOS X BODILY INJURY S 8 X NON -OWNED AUTOS (Per accIdenQ PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ I AGGREGATE $ — EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 B NUMBRELLA FORM 1031944335 11/15/94 03/23/95 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ 500,000 A THE PROPRJETOFV X INCL PARTNERS/EXECUTIVE SBP1020011 07/17/94 07/17/95 DISEASE -POLICY POLICY LIMIT 1 500,000 OFFICERS ARE: EXCL 3IN=E PST I C S DISEASE - EACH EMPLOYEE $ 500,00 OTHER THE LIABILITY POLICIES AP CONSIDERED PRIMARY TO ANY (THER INSURAN RA AVAILABLE T THE ADDITIONAL INSURED WITH RESPECT TO THE CLAIMS CORED UNDER THE POLICY AND T THIS APPLIES S PARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUI� IS BROUGHT. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS RE: BID #1724 - NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ARE ADDITIONAL INSUREDS(EXCLUDING W.C.); WAIVER OF SUBROGATION FAVOR OF ADDITIONAL INSUREDS EXCLUDING THE WORKERS COMPENSATION. NII NI. N1. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF DENTON 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PURCHASING DEPT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 901 B TEXAS STREET OF ANY KIND UPON THE COMPANY, ITS AGENTS PR REPRESENTATIVES. DENTON, TX 76201 AUTHORIZED REPRESENTATIVE OBIN ER mIN ........ .... ...... . . . ... ..... . ....... .. .... .......... . - - - . .. .. ... . A4w It % ...... ........ ............ ...... ..... ... ......... .. ... DATE (MM/DDNY) 03/16/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TUCKER AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 2285 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE FORT WORTH, TX 76113 COMPANY A TX WORKERS COMP INSURANCE FUND (817) 336-8520 INSURED PITT14AN CONSTRUCTION, INC. COMPANY COMMERCIAL UNION INSURANCE CO B 5404 DALLAS AVENUE FORT WORTH, TX 76112 COMPANY NORTHERN ASSURANCE COMPANY c COMPANY D . . .. .. ....... QY RAG . ........ . ... .... .. ... - x. . ... .. ...... ....... as 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMIDDIM LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 11000,000 B COMMERCIAL GENERAL LIABILITY CLAIMS MADE lxl OCCUR CRR483487 03/23/95 03/23/96 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTORS PROT FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) s 5,000 AUTOMOBILE IJABIUTY C ANY AUTO NRAK60082 03/23/95 03/23/96 COMBINED SINGLE UMIT S 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS C C X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per ac ldent) $ X PROPERTY DAMAGE $ GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ 1 AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S 2,000,000 8 UMBRELLA FORM � BINDER 03/23/95 03/23/96 AGGREGATE 2,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT $ 500,000 A THE PROPRIETORt INCL PARTNERS/EXECUTIVE Fx ]EXCL, SBP1020011 07/17/94 07/17/95 - DISEASE - POLICY UMIT $ 500,000 DISEASE - EACH EMPLOYEE $ 500,000 OFFICERS ARE: OTHER THE LIABILITY POLICIES ARE RESPECT TO CLAIMS COVERS E WHOM CLAIM IS MADE OR SUIT CONSIDERED PRIMARY TO ANY THER UNDER THE POLICY AND THAT T IS IS BROUGHT. INSURANCE INSURANCE AVAILABLE '10 APPLIES SEPArhTELY THE ADDITIONAL INSURED WITH TO EACH INSURED AGAINST DESCRIPTION OF OPERAnONS/L(>CATIONSVEHIC�LES/SPECIAL ITEMS RE: BID #1724 - NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ARE ADDITIONAL INSUREDS(EXCLUDING W.C.); WAIVER OF SUBROGATION FAVOR OF ADDITIONAL INSUREDS, EXCLUDING THE WORKERS COMPENSATION. M U T 5 .... . . . . ....... ... .... .... ... ... .. . . .. - . ..... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF DENTON 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PURCHASING DEPT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 901 B TEXAS STREET OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. DENTON, TX 76201 AUTHORIZED REPRESENTATIVE TOBIN TUCKER IN .... ....... �.R DATE: MARCH 7, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V . Harrell, City Manager SUBJECT: BID # 1729 - HVAC RENOVATION FOR RECREATION CENTERS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, DRT Mechanical, in the amount of $85,050.00. SUMMARY: This bid is for replacement of the heating ventilation and air conditioning (HVAC) systems at Denia Recreation Center and North Lakes Recreation Center. Included in the bid are new roof top units and a new Automatic Temperature Control (ATC) for both recreation centers. The project is designed to retrofit the roof top unit only and to make no changes to the duct work or air distribution system. Since humidity is a major problem in high ceiling gymnasium applications, we specified an 8.9 to 9.0 minimum SEER rating unit with a lower coil operating temperature designed for improved humidity control. To accomplish the proper humidity control in this particular application, we determined it was not in our best interest to pursue the high energy efficiency (12.0 SEER rating units) but to stay with the more efficient humidity control type units. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Recreation Center participants and Facilities Management Department. FISCAL IMPACT: Funds for this HVAC renovation project will come from 1994/95 budget funds Account Number 100-032-0002-8502. 4ectful�y s 'tted: V. Harrell City Manager Approved: Name: Tom D. Shaw, C.I Title: Purchasing Agent 580.AGENDA § / # # / R § _ # 8 § - - § k # # u f f k k $ a % 2 § k - / k � § � % S m Z95004A.ORD NOTE: THERE IS NO ORDINANCE 95-147 ORDINANCE NO. Y,5 --1Vj? AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN OF LOT 4R, BLOCK 27, ORIGINAL TOWN OF DENTON, A 0.661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED FORTY FEET (140') NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST STREETS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jack Bell previously applied for and received approval of a change in zoning from the Commercial (C) zoning district and use classification to the Planned Development District zoning district and use classification (PD-156), upon passage and approval of Ordinance 95-043 on March 7, 1995; and WHEREAS, Jack Bell has subsequently applied to the Planning and Zoning Commission to amend the detailed plan applicable to said zoning, to allow retail uses in addition to those already approved; and; and WHEREAS, on August 9, 1995, the Planning and Zoning Commission recommended approval of the requested amendment to the previously approved detail plan; and WHEREAS, the City Council, finds that the amendment to the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the detailed plan for the PD-156 zoning district classification and use designation of the 0.661 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference, is hereby amended to include retail, as well as office and apartment uses, under the comprehensive zoning ordinance of the City of Denton, Texas, said amendment being effected by the approval of the revised notes contained in Exhibit B, attached hereto and incorporated by reference herein, which supersede the notes contained in the original detailed plan. SECTION II. That the provisions of this ordinance govern and control over any conflicting provision of Ordinance No. 95-043. SECTION III. That a copy of this ordinance shall be attached to Ordinance No. 95-043, showing the amendment herein approved. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. / PASSED AND APPROVED this the day of C , 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY m AP HERBERT L PROUTY, CITY ATTORNEY "EXHIBIT All ALL that certain lot, tract or parcel of land lying and being situated in the William Loving Survey, Abstract Number 759 in the City and County of Denton, Texas and being part of Lots 31 41 51 and 6. Block 27, Original Town of Denton, as described in the deed from Dollie I. Cruze to S.B. Frost recorded in Volume 561, Page 191 of the Deed Records of Denton County, Texas and in the deed from S.B. Frost oil Company to Stanley F. Frost and wife recorded in Volume 656, Page 471 of the Deed Records of Denton County, Texas the subject tract being more particularly described as follows: BEGINNING at the northeast corner of said Frost tract recorded in Volume 561, Page 191 of the D.R.D.C.T., same being a point on the west line of South Locust Street; THENCE South 020 071 08, East along the east line of said Frost tract (V. 561/P. 191) and the west line of South Locust Street a distance of 76.08 feet to a point for corner; THENCE South 890 30, 25" West along the south line of said Frost tract (V. 561/P. 191) a distance of 151.11 feet to a point for corner, said point lying in the east line of said Frost tract (V. 656/P. 471, Tract I); THENCE South 000 250 5511 East with the east line of said Frost tract (V. 656/P. 471, Tract I) a distance of 36.15 feet to a point for corner; THENCE South 890 37,1 0911 West with the south line of said Frost tract (V. 656/P. 471, Tract I) a distance of 151.19 feet to a point for corner, said point lying on the east line of South Elm Street; THENCE North 000 26-1 4911 West along the east line of South Elm Street a distance of 115.25 feet to a point for corner, said point being the northwest corner of said Frost tract (V. 656/P.471 Tract II); THENCE South 89. 45" 1311 East along the north line of said Frost tract (V. 656/P.471 Tract II) a distance of 150.27 feet to a point for corner, said point being the northeast corner of said Frost tract (V. 656/P.471 Tract II) and the northwest corner of said Frost tract (V. 561/P. 191); THENCE South 890 571 1711 East along the north line of said Frost tract (V. 561/P. 191) a distance of 149.83 feet to the POINT OF BEGINNING and containing .661 acre of land. ATTACHMENT 3 AMENDED NOTES FOR PLANNED DEVELOPMENT ZONING REQUEST ON LOT 4-11 Detailed Plan Notes: Lot 4-R is owned and will be developed by Jack Bell, Jr of Denton, Texas. Two existing vacant buildings will be demolished and removed. Planned Development zoning is requested on the lot. Three structures will be built; each with office space and retail on the ground floor and apartments on the second floor. 2. Lot 4-R is 0.661 acres of area. The building will be set back approximately 23'6" from S Elm and S. Locust street rights -of -way. This setback is more than the other buildings on Block 27 (the Mercado Juarez restaurant, the Denton County 5 story building at S. Locust and Sycamore, and a masonry building on S Elm.) 3 Development Standards: Maximum Building Height Maximum Building Area ( Total of 3) 2 stones 6480 sq ft. (ground floor office.) 6100 sq. ft (second floor apartments) 12,580 sq. ft. 4 Parking will be shared between Lots 4-R and 5-R. A written joint use agreement will be provided by Mr. Bell, the owner of both lots (and the buildings thereon). Parking shall be provided according to sections 35-30 (c) 2, 35-301 (c) 15, 35-301 (c) 19 of the Code of Ordinances. 5 No drainage structures are proposed with this redevelopment. Lot 4-R has 95% + impervious cover at present. The entire lot is located in the floodway fringe; it is inundated by the 100-year flood but it is beyond the floodway limit. Consequently, construction is permitted if (and only if) it complies with City and federal flood plain management regulations. It is required to provide finished floor elevations at least 1 5' above the 100-year flood elevation. 6 All necessary water and sanitary sewer main improvements are in place to serve this redevelopment. No new construction is proposed Electric facilities are available to the lot. A new transformer will be installed at the northeast corner of the lot. 7 Lot 4-R is entirely within the city limits. Current zoning is Commercial. 8 Lot 1-R is owned by the Denton Housing Authority It includes the old five story hotel at the corner of Sycamore and S. Locust Streets which will be remodeled for housing use The portion of Lot 1-R adjacent to Lot 4-R is currently vacant ground 9. Traffic Generation (based on Moderate Activity Center rate): 0.661 ac. x 350 trips/day/acre = 231 trips/day 10. No public open space is proposed for Lot 4-R, 11 No fencing, berms, or screening are proposed. 12. Concrete sidewalks exist along the entire frontages of S Elm and S. Locust Streets. Both sidewalks are located in the street right-of-way. They are not shown on the drawing in order to avoid clutter. 13. Project signs: Two free standing directory signs will be constructed, one at each end of the lot near the budding. Each sign will have 25 square feet in surface area. 14 Apartments on the second floor may be larger than the first floor. The apartments will overhang the offices and retail at the front and rear walls Building setback distances from the lot line will be 10' for the first floor offices and retail, and at least T6" for the second floor apartments. Minimum finished floor elevations are shown for each office (Add 630' to each number.) Refer to Note 5 for additional information. 15. Twenty-five 5 gallon dwarf Burford Holly and two 2" Texas Red Oak trees will be planted at each end of the new parking lot in the "screening area." The planting bed width varies from 3' to 6' along S. Elm and averages 8' along S. Locust. Sixty-five percent of the total street yard will be landscaped.