HomeMy WebLinkAbout1995-055ORDINANCE NO. '?�7_4
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; 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 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
1707 CLIFFORD E. FOGUS COMPANY $791,309.00
1737 SOUTHWEST INDUSTRIAL CONSTRUCITON $156,394.00
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 thep9/0 day of T 11995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP OVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY,&,, C r
DATE: MARCH 21, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1707 - SOUTH LAKES PARK PHASE I CONSTRUCTION
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Clifford E. Fog -us Company, in the amount of $791,309.00. We also recommend that
alternates 1-6 be rejected.
SUMMARY: This bid is for construction of the facilities for Phase I of the South
Lakes Park. It includes a seven acre lake and fishing pier, two picnic pavilions,
picnic tables, two tennis courts, one multi -use court, one sand volleyball court,
concrete jogging trails, soft surface nature trails, one playground and restroom
facilities.
The alternates rejected include:
ALT . 1. Masonry seat walls between columns at picnic pavilions
ALT . 2. Additional hiking and bike trails
ALT . 3. 10' chainlink fence in lieu of 4' fence on side of tennis courts
ALT . 4. Metal roof in lieu of composition roof at picnic pavilions
ALT. 5. Stainless steel toilet fixtures in lieu of porcelain fixtures
ALT . 6. Provide cast in place concrete copings in lieu of cast stone
copings at pavilion
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation
Department, Citizens of Denton.
FISCAL IMPACT: This project is being funded from General Obligation Park Bonds
Account#467-031-SLAK-0001-9155. Budget estimate for this project was $800, 000. 00.
Res fullysubed:
/
Llooft V. Harrell
City Manager
Approved:
Name: Tom 1). Shaw, C.P.M.
Title: Purchasing Agent
583.AGENDA
B
A
�
�
\
j
\
p 2
/7
\
M
/
N®
/
0
1
o
\ZR
v
�
k
(
®
O
2
n
?
+
z O
0§
R
o$
o§
<
0
D
LO
■
LO
2
a§
0
o
q§
n
&
c
f
%
k
0
e
f
+
£
+
O m
q
§0m§§
g
§\U.0kqI\
Nk
w
LL 0
2
0
C
$
d w
\
7
7
7
+
l
z
=
0
0
g
0
q
0§
/
v
�
U)
>-
0
f
f
�LO
�
t
2
t
t
R
O
m
w
Q
w
¢
w
¢
w
Q
w
<
w-
o
w
<
2
2
E
w
z
\LU
k
k
k
k
k
k
2
@ LL
�
w
L ¥
@
� �
k
%
z z
LLJ
O
D (
\
m
m
.:
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of
MARCH A.D., 19qr, -, by and between THE CITY 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
CLIFFORD E. FOGUS COMPANY
2333 HINTON
IRVING,TEXAS 75061
of the City of IRVING , County of
DALLAS
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1707 - SOUTH LAKES PARR
in the amount of $791,309.00 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
NEWMAN JACKSON BIEBERSTEIN. INC.
I
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 arties of these presents haves
P
executed this agreement in the year and day first above written.
ATTEST:
APPROVED AS TO FORM:
ps5;5-k-a„} City AttolMey
AAA0184D
Rev. 07/28/94
CA - 3
(SEAL)
CLIFFORD E. FOGUS COMPANY
CONTRACTOR
Z 3 3.3 i<•l rVn/
MAILING ADDRESS
Z,417z�-1ioo
PHONE NUMBER
BY aIl�✓cam
TITLE
fz' IA*A6 4- us
PRIN§tD NAME
(SEAL)
Bond No. TX 090 8175 00
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOGUS COMPANY
, of the City of IRVING
County of DALLAS and State of TEXAS
as PRINCIPAL, and Universal Surety of America, 5440 Harvest Hill, No.172
Dallas, Tx 75230 , 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 SEVEN HUNDRED NINTY ONE THOUSAND THREE
HUNDRED NINE and no/100---------- Dollars ($ 791,309.00 ) 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 21 day of MARCH ,
19 95, for the construction of BID # 1707 - SOUTH LAKES PARR 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.
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 anyway
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 4 day of April
19 95.
Clifford E. Fogus Company
Principal
By A"e---L � - , j
Cliffo,fff E. F gu
Title Owner
Address: 2333 Hinton
Irving, Texas 75061
(SEAL)
Universal Surety of America
Surety
Michael P. Whisenant
Title Attorney -in -Fact
Address: 5440 Harvest Hill, No.172
Dallas, Texas 75230
(SEAL)
The name and address of the Resident Agent of Surety is:
Steve Thomas, SLT Insurance & Bonds, 5201 South Colony Blvd., No. 545
The Colony, Texas 75056
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
Bond No. TX 090 8175 00
STATE OF TEXAS
COUNTY OF DENTON
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOGUS COMPANY
of the City of IRVING
County of DALLAS and the State of TEXAS ,
as principal, and Universal Surety of America
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
SEVEN HUNDRED NINTY ONE THOUSAND THREE HUNDRED NINEDollars 1l� 791,309.00 )
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 21 day of MARCH
199_.
BID # 1707 - SOUTH LAKES PARK CONSTRUCTION
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this C day of April
19 95 .
Clifford E. Fogus Company
Principal
By
Cli ord Fo s
Title Owner
Address:
2333 Hinton
Universal Surety of America
Surety
Michael P. Whisenant
Title Attorney -in -fact
Address:
5440 Harvest Hill,No.172,
Irving, Tx 75061 Dallas, Texas 75230
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
Steve Thomas, SLT Insuracne & Bonds, 5201 South Colony Blvd., No. 545
The Colony, Texas 7505
AAA0184D
Rev. 07/28/94
MAINTENANCE BOND
Bond No. TX 090 8175 00
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOGUS
COMPANY as Principal, and Universal Surety of America
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 SEVENTY NINE THOUSAND ONE HUNDRED THIRTY and 90/100-----
Dollars ($ 7gj--in_gn ), 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 CLIFFORD E. FOGUS COMPANY
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1707 - SOUTH LAKES PARK
CONSTRUCTION
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 Clifford E. Fogus Company
as Contractor and Principal, has caused these presents to be
executed by Clifford E. Fogus
and the said Universal Surety of America
as surety, has caused these presents to be executed by its
Attorney -in -Fact Michael P. Whisenant
and the said Attorney -in -Fact has hereunto set his hand this 4
day of April 1' 19 95
SURETY:
Universal Surety, of Am ric
BY:
Michael P. Whisenant
Attorney -in -Fact
AAA0184D
Rev. 07/28/94
I9T0 �
PRINCIPAL:
Clifford E. Fogus Compy
C I i og
Owner
UNIVERSAL SURETY OF AMERICA
UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 -Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY eondN=s,
TX 0909175 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
Michael P. Whisenant
its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and
deliver bonds for:
Principal: Clifford E. Fogus Company, 2333 Hinton, Irving, Tx 75061
Obligee: The City of Denton, Texas, 901B Texas St., Denton, Texas
Amount: $791,309.00
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
ZJ
�. company and duly attested by its secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the above stated
CG limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of
W America at a meeting held on the 11th day of July, 1984.
"Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power
4z and authority to appoint any one or more suitable persons as Attomey(s)-m-Fact to represent and act for and on behalf of the Company."
O
� "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
E_ power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
w
x
�D In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its
r,n corporate seal to be hereto affixed this 7th day of January, A.D.,1993.
UNIVERSAL SURETY OF AMERICA
,...c••6JAE7Y
rti �qtY ; . ..
Z
3 .s119 9�:a
ox, Jr. President
y , icuc ;
State of Texas
ss:
County of Harris
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
�J acknowledged to me that the corporation executed it.
3��i��lnrruq��4• '
s
Notary Public
Etnxts:
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 4TH day of APRIL 19 95
Secretary
For verification of the authority of this power you may telephone (713) 722-4600.
UNIVERSAL SURETY OF AMERICA
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
APP(MIA 1
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:
(x] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than _
siLmo,000 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
• Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AFFOOBAI
REVISED 10/12/94
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. 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 1 10.1 10 of the Texas
Worker's Compensation Commission (TWCC).
[ I Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AFFOOBAI
REVISED 10/12/94
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ ] 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.
[ ] 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.
[ ] 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.
(] 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.
AFFOOBAI
REVISED 10/12/94
Insurance Requirements
Page 6
ATTACHMENT 1
(K] 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.
AFFOOBA I
REVISED 10/12/94
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 10/12/94
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.
AFFOOBAI
REVISED 10112M
ADDENDA:
This will acknowledge receipt of the following addenda which are part of the Bidding Documents:
Addendum No. / 2-16-95-
Addendum No. 2- Z-)'1-95
Addendum No. 3 Z-ZI-CIS
Addendum No.
The undersigned bidder hereby declares that he has visited the site of the work and has carefully
examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees
to commence work within ten (10) days after date of written notice to do so and to substantially complete
the work on which has bid within /?0 consecutive calendar days subject to such
extensions of time allowed by specifications.
The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60
calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to
waive any informalities in the bidding.
BID GUARANTY:
Enclosed with this Bid is a Certified Check for Bid Bond in the sum of:
J aLA `( TA66671FOysAN b 9 "row DOLLARS ($ 5�j, oaf. °� )
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this
Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fails to
execute the Contract and the required Bonds with the said Owner within ten (10)days after the date said
Bid is accepted; otherwise said check or bond shall be returned to the undersigned upon demand.
�G J Y
ontractor(firm name
BY
3 3,-3 A, (-ros1
Add
ress
*Seal
-kyi t,U / � YA s lr7D& /
dy, State, Zip Code
Z/ �hZ/-//no z/yL�ss� ��40
Phone Frk x
*If Bidder is a Corporation
GRANT RECREATION FACILITY COST ANALYSIS
The City of Denton has received a grant from the Texas Parks and Wildlife Department for assistance in
j the development of this park. For cost analysis purpose only, the City must know the cost of the following
t items as requested by the Texas Parks and Wildlife Department. Include in these costs general condition,
site work, and project signage (bronze plaque and construction signs).
Fishing Pier
$ 13,000
Two tennis courts including fencing, all earthwork,
concrete and surfacing within the fence areas
$ 10,000
Two picnic pavilions
$ //01000
Multi -purpose court and basketball goal
$ M000
Sand volleyball courts grading and concrete edge
$ &'000
•
Restroom
$ So Coo
•
Two drinking fountains
$ 3, soo
•
8' wide 4' thick concrete hike and bike trail to
include grading, bridges, and necessary modular
retaining wails
$ /7o•coo
Concrete walks other than hike and bike trail
$ g0,000
Bronze plaque and temporary construction sign
$ / 00(o
•
Lake excavation
$ 219, So`/
Total Sum for These Elements
$ 7R1, 3oq
PRODUCER
STEVEN L THOMAS AGENCY
5201 S. COLONY BLVD.
SUITE 545
THE COLONY TX 75056-
INSURED
C. E. FOGUS COMPANY
2333 HINTON
IRVING TX 750610000
. ............ ...... .. ... - .....
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANY A
COMPANY B LE
TTER
COMPANY c
LETTER
COMPANY D
LETTER
COMPANY
LETTER E
COMPANIES AFFORDING COVERAGE
BITUMINOUS INSURANCE COMP
GREAT AMERICAN INS. CO.
TEXAS W/C INS. FUND
.. ...... . ..........
THIS IS TO . C . ERTIFY THAT THE 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.
POLICY EFFECTIVE POLICY EXPIRATION
CO TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDNY) DATE(MMIDD" LIMITS
LTR
GENERAL LIABILITY CLP2183416 09/11/94 09/11/95 GENERAL AGGREGATE $ 2000000
.... . ...... . .................
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR.
X OWNER'S & CONTRACTOR'S PROT.
A Aw0wrolM LIABILITY
X
ANY AUTO
X
ALL OWNED AUTOS
X
SCHEDULED AUTOS
X
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
PRODUCTS-COMNOP AGG. $
2000M
PERSONAL & ADV. INJURY $
loomw
... .. ....... . ..
EACH OCCURRENCE $
. ......... . —............
1000000
FIRE DAMAGE (Any one fire) $
50000
MED. EXPENSE (Any one person) $
CAP1823348 09/11194 09/11195 COMBINED SINGLE
1000000
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE $
$ 2000000
A :ExcEss LIABILITY CUP1789M 09/11t94 09/11t9s EACH OCCURRENCE ...... ....... .... ..................
X UMBRELLA FORM AGGREGATE S 2000000
OTHER THAN UMBRELLA FORM .... .. STATUTORY LIMITS
WORKER'S COMPENSATION
$
C EACH ACCIDENT TSF103830-02 09/19/94 09/1919s .... .... .. . ..... ......... ...500000..................
AND DISEASE -POLICY LIMIT $ S00000
EMPLOYERS' LIABILITY DISEASE - EACH EMPLOYEE s SODOOO
OTHER
B INLAND MARINE TIM8764247 06128/94 06128/95
LOSS DAMAGE WAIVER FOR
LEASED/RENTED EQUIPMENT
DESCRIPTION OF OPERATIOH$fLOCATIONSNEHICLESISMCIAL ITEM
RE: SOUTHLAKES PARKICITY OF DENTON
CITY OF DENTON ITS OFFICIALS EMP. & VOLUNTEERS ARE LISTED AS ADD'L INSO'S
ON THE G/L & AUTO POL & SUCH INS. IS PRIMARY TO ANY OTHER INS. AVAILABLE -
TO THE ADD'L INS'D WITH RESPECTS TO CLAIMS MADE OUT OF WORK PERFORMED BY THE
INSURED/A WAIVER OF SUBRO. IN FAVOR OF CERT. HOLDER APPLIES TO THE G/L,AUTO
AGGREGATE 100000
ANY ONE ITEM 50000
DEDUCTIBLE sm
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
x EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF DENTON
215 E. McKINNEY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
DENTON Tx 76201
STEVEN L THOMAS
DATE: MARCH 21, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1737 - RENOVATION OF FRED MOORE CHILD CARE CENTER
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Southwest Industrial Construction, in the amount of $156,394.00.
SUMMARY: This bid is for the complete renovation of the Fred Moore Child Care
Center at 821 Cross Timbers. The bid includes general site work, chainlink fencing,
concrete flat work, roof replacement, new finish for floors, walls and ceilings,
cabinets, bookcases, shelves, doors and frames, thermal windows, toilet
accessories, plumbing upgrade, rooftop HVAC units, new electrical lighting and
power distribution.
Cathy Kircher from the Fred Moore Child Care Center and Barbara Ross from
Community Development recommend this award. Nursery School operations have
been temporarily relocated to the Fred Moore Learning Center.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fred Moore Child Care
Operations, and Community Development Division.
FISCAL IMPACT: This project will be funded from Community Development Block
Grant funds Account #219-058-CD91-8502. Original project estimate was
$200,000.00.
Rest tfully submitted:
a
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
582.AOENDA
2
ij�
§
to \
a,
7-
S
N
»
k§
>
u
�.
�
o
§
®d-
R
k
@
( \
n
w
o
L
�
_
y
m�
$2§
/
■'
o
§
cR
Mo
* m Q
A
N&
n
p co
2(�
P
00
cw#
KKK
�
k§
¥
\
S
9 \
.
§
/
m
S
#
i
�
o
R
22�
O
O
§
w
\ ( \
«
�
w
_
2$§
�U
§
Ewe
n
A
2
w
z<I
k k
�
o
�
<
z�
&
_
\
w
w ®
z z
uj
c
O (L
.:
m
m 0
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21 day of
MARCH A.D., 19 95, by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V. HARRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
SOUTHWEST INDUSTRIAL CONSTRUCTION INC.
121 EXPOSITION STREET
DENTON, TEXAS 76205
of the City of DENTON County of DENTON
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1737 - RENOVATION FRED MOORE CHILD CARE CENTER
in the amount of 156,394.00 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
ALAN NELSON ARCHITECT
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
F
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
ATTEST:
CITY OF
OWNER
(SEAL)
SOUTHWEST INDUSTRIAL CONSTRUCTION INC.
CONTRACTOR
121 EXPOSITION STREET
DENTON, TEXAS 76205
MAILING ADDRESS
817-566-1899
PHONE NUMBER
817-383-2066
FAX NUMBER
• <'�Y f)�
TITLE .E.0.
T.E. STANEK
PRINTED NAME
APPROVED-`AS---T-O- ORM: (SEAL)
ty Attorney
AAA0184D
Rev. 07/28/94
CA - 3
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
PERFORMANCE BOND BOND NO. 015004555
STATE OF TEXAS S
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL
CONSTRUCTORS
P�'rRUGTIQ INC. , of the City of DENTON
County of DENTON and State of TES
as PRINCIPAL, and AMWEST SURETY 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 THE CITY OF DENTON
as OWNER, in the penal sum of ONE HUNDRED FIFTY SIX THOUSAND THREE
u(=ggU NTN= E ►a and ^o/' nn----- Dollars ($ j sr,, -i9n _ no ) 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 21 day of MARCH
19 95, for the construction of BID # 1737 - RENOVATION FRED MOORE
CHILD CARE CENTER
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 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 21ST day of MARCH ,
19gc;.
SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC.
Principal
Bye=a
Title T.E. STANEK, C.E.O.
Address:
121 Exposition St.
Denton, TX 76205
(SEAL)
AMWEST SURETY INSURANCE COMPANY
Surety
Title ATTORNEY-IN-FAC-P
Address:
1231 Greenway Dr., #420, LB 16
Irving, TX 75038
(SEAL)
The name and address of the Resident Agent of Surety is:
PCL CONTRACT BONDING AGENCY
06 Elm St., Suite 105, Lewisville, TX 75057
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
PAYMENT BOND BOND NO. 015004555
STATE OF TEXAS §
COUNTY OF DENTON §
,. ll KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL
`CONSTRUCTORS
eeNsTt_deTieN-INC_ of the City of DENTON
County of DENTON , and the State of TEXAS ,
as principal, and AMWEST SURETY 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
NINTY FOUR and no 100---
ONE HUNDRED FIFTY SIX THOUSAND THREE HUNDRED Dollars ($ 56,394.00 )
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 21 day of MARCH
19 95 .
BID # 1737 - RENOVATION FRED MOORE CHILD CARE CENTER
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 21ST day of MARCH
19 95 .
SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC.
Principal
i
Title T.E. STANEK, C.E.O.
Address:
AMWEST SURETY INSURANCE COMPANY
Surety
l�w (_1 a"e-eta
Title —ATTORNEY -IN -FACT
Address:
121 Exposition St. 1231 Greenway Dr., #420, LB 16
Denton, TX 76205 Irving, TX 75038
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
PCL CONTRACT BONDING AGENCY
206 Elm St., Suite 105, Lewisville, TX 75057
AAA0184D
Rev. 07/28/94
PB - 4
BOND PREMIUM BASED ON
FINAL CONTRACT�t�E
MAINTENANCE BOND BOND NO. V
THE STATE OF TEXAS §
COUNTY OF DENTON §
fr% KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL
CONSTRUCTORS
PION INC. as Principal, and
AMWEST SURETY INSURANCE COMPANY
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 slim of FIFTEEN THOUSAND SIX HUNDRED THIRTY NINE and 40/100----
Dollars ($15 639 40 ), ten (109.) 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:
✓CONSTRUCTORS
WHEREAS, said SOUTHWEST INDUSTRIAL INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1737 - RENOVATION FRED MOORE
CHILD CARE CENTER
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 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC.
as Contractor and Principal, has caused these presents to be
executed by
and the said AMWEST SURETY INSURANCE COMPANY
as surety, has caused these presents to be executed by its
Attorney -in -Fact
VIVIAN CAMPBELL
and the said Attorney -in -Fact has hereunto set his hand this21ST
day of MARCH , 19 95
SURETY:
AMWEST SURETY INSURANCEE/ COMPANY
BY: LlzC 11-0"
VIVIAN CAMPBELL
Attorney -in -Fact
AAA0184D
Rev. 07/28/94
PRINCIPAL:
SOUTHWEST INDUSTRIAL CONSTRUCTORSt INC.
T.E. STANEK, C.E.O.
MB - 2
NOT VALID FOR BONDS
EXECUTED ON OR AFTER
I2—IS-95
nVV4V J.00vzu 11V rvu1 I.V VN 18t(Y[iRl�
POWER NUMBER
04219M67
This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised
seal of Amwest Surety Insurance company (the "Company"). only unaltered originals of this Power of Attorney are valid. This
Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used
in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made
by any person. This power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection
with any bond issued by the Company must be on this form and no other form shall have force or effect.
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California
corporation (the°Company"), does hereby make, constitute and appoint:
VIVIAN CAMPBELL
AS AN EMPLOYEE OF AMWEST SJRETY INSURANCE COMPANY
its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recognizances or other written obligations in the nature thereof as follows:
Bid Bonds up to $**1,000,000.00
Contract (Performance & Payment), Court, Subdivision $**1,000,000.0
License & Permit Bonds up to $*01,000,000.00
Misvettaneous Bonds up to $**1,000,000.00
Smatt- Business Administration Guaranteed Bonds up to $**1,250,000.0
and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the
Company, which are now in full force and effect.
CERTIFICATE
I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation,
DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked
and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant
provisions of the By -Laws of the Company, are now in full force and effect.
d number 015004555l�edds21ST dyof MARCH 1Ig
0 OU 0 4 219 b D- 67
R
I I I I n - Rc,,,Autioias of uh-,- !,;uard )f Dlrcclo-s
\1 to )rncv I, si ('I it ( 1 If I I d '�Ll It ( 1 6\ I' I (-'i !'I-, I I (- I n.
nll n! )1, o! A Inwest Si trcty lnbi I I a lit c Company at a Mc dy! Ik J 1 1 X., -ill 6"' r , 5
I )Ahatihv Myckni (wpm lice foa-dno i
I " t C ) I 8 g' ' I I I , \\ I I , ! 1 . 1 1 k '. I n; 'I : I
and on of the OwIlIum. 0) CAW. 100 1 11M, 1 n 1 fh\ c d fly quP I 1v 1
o(-' 1) izxIcc' , alld ,1 i I c t V-h OhI 1p;! )' 1, , 11
24 okc jnx pomr of mu 0 In 1)n io i)"! '0!
A 1 1) 1 RTI 1! R. that 'inN hand, LHICIWI-:JI,1M,1, i /yll,y )" olIC!"in!) Ad d 001 he 1"! unn
IN) hC
i :it -rl .,ignuc! by life Ilr(p%kk lit or .!n\ 131W`;iJIt X-ld s -11, d
H) On vi ' slect I; -.'IN Mrsucsit or aln I in, KCSTA P NVI "i P
ON)) ON 1 dU1V(AWWU0.U1I illd ScZ11t:C1 !!J (At 10 ILK nkmc- nurse , I' 1t
I I I 1111 11 R' 1nrts<it t I 1C' J 1 k 1 t J� 111
I , 0 11 0 1 1, 1 t ): 1
11) Ft 01111T_ that the Ygnmim (I 3nv autImm- ni I -ie tii, , d ()1 1'
po,,%( I (A Ittorno-\ of ""ItIll-Ily)II Ownid nak ig N (A( 'up'n
!W, Other 'ulct\ t!lq) oNIL�atloll'- o!- the G)TI'l-'Vt
):c .;pi urk, r '1' [Iloti"'11 ni-Liwc11k 1!j1\Ld
HIAL01 \Mmcn[ sun, KNIAMNA GMA:uo'
SUR
A� lo�Poy 00 C)
zn-
/qjb
tZ-
..........
�-lu- !"j\
199-" hdlm- 'lle Pcg"' B L()tto'l \( !-11" ! !
) ' p' -j)hf,
' W'L i :
1 1 , , ,' .... 1, :) W!
P - (or IwC>NCCj to Ilk' On MV I).tMN V �Onhn
.n't ' n )
hu ;; c ", , i -
k , , n , 1 ,
!rcllt and i,knO\\1ccIgWd to nn A dw hu -q,
:14 CAt qhn
10It! L 1
"'1 L � 's 1) i I
ortll,' O'c I;.,
PEGGY 0. i VAN
ITM
1 1, 1J ()lilol'd
'1
LOS ANGELa, C,,"*,jF:!,,J
AAA! 28. 19",
LoiF()II,
Fa` strictimns ',IlP1
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
CERTIFICATE OF: INSUR-A
DATE RMIINDD/YYI
03/20/93
PRODUCER
Leiek, Tucker & Xnigat Ind-
P. 0. Box 516309
Dallas TS 73231
Joyce goll!ns-dorth
114-133-0993
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
:OMPANY
A Continental Casualty Company
COMPANY
6 National Tire Ins. Co.
Southwest Industrial
COMPANY
C Transcontinental lab. Company
Constructors, inc.
_ ---_
121 Exposition
COMPANY
Denton TE 76201
D
OOVERAGE9
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 RECUIPSMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ;SSUED OR MAY PERTAIN, THE INSvRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONIDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
?YPE OF iNSURARCE POLICY NUMBER
POLICY EFFECTIVE POUCY EXPIRATION LIMIT&
DATE(MMIDD/YYI DATE,iMM/DD/YY)
3ENERAL UASIUTY
GENERAL AGGREGATE 1 9 , OOO, 000
A
E COMMERCIAL GENERALUABILITY 29630833
07/01/94 07/01/95 PRODUCTS - COMP/OPAGO 11,000,000 J
�
CLAIMS MADE OCCUR
PERSONAL d ADV INJURY 1 1, OOO, OOO
OWNER'S h CONTRACTOF'S PROT
EACH OCCURRENCE 1 1, 000, 000
FIRE DAMAGE (Any one fire) / 50,000
MID EXP (Any am Pewon) 1 31000 ;
AUTO MOBILELIABILEEY
COMBINED SINGLE LIMIT i S,000,000
A
d ANY AUTO 29630816
07/01/94 07I01/95
ALL OWNED AUTOS
BODILY INJURY 1
SCHEDULED AUTOS
(Per pereenl -.
i
�( HIRED AUTOS
,
—
(Per de")
)Per N:eldelxl j
6rvVrv•V YYrvCV MVIVa
PROPERTY DAMAGE
1
GARAGE LIABILITY
AUTO ONLY • EA ACCIDENT
1
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
1
AGGREGATE
$
EXCESS UABILITY
EACH OCCURRENCE
1 2 , O00, OOO
D E UMBRELLA FORM 29630802
07/01/94 07/01/95 AGGREGATE
12,000,000
OTHER THAN UMBRELLA FORM -
1
A Womms COMPENSATION AND
STATUTORY LIMITS
A EMPLOYERW LABILITY
EACH ACCIDENT
0 900, 000
~
THE PROPRIETOR/ INCL 29630878
07/01/94 07/01/93 DISEASE- POLICY UMIT
1300,000
PARTNERSJFXECLTIVE
OFFICERS ARE: EXCL 2963C.678
_
DISEASE - EACH EMPLOYEE
150OL000
OTHER
I
C Contractors Equip 29630847
07/01/94 07/01/95 Owned Equ
30,300
I
Leased Eq
501000
I
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
7!
Ref aid #1737 - Renovation Fred Moore
Child Care Center
�C q of DDentaon, BiteIs Off} oe L."I� AI� en�RI of
llavornof City
vsGoa-lsu idga
�Eagmplo sea and volunteers are
ioins.
•Ha ionsinn f
or De —
—
OERTWOAT✓! HOLDER
CANCELLATION
CITYOFD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City Of Denton
BUT FAILURi Tq MAII SUC4 NOTICE SNAIL IMPOSE NO OBLIGATION
OR LIABILITY
_ —
OP ANY ION11 UPON TWIN COMPANY, ITS AOlNTS OR RISPRPANNTATIVER.
Denton TS 73205
i
ACORD'2S-5 (110)
4
laga
GENERAL CONDITIONS
The General Conditions of the Contract for Construction shall be Standard AIA Form A201, current
edition.
For convenience, the AIA printed form is omitted from this binding. Copies are on file at the Architect's
office and may be seen and/or obtained there.
2-95 GENERAL CONDITIONS - 1 FRED MOORE CHILD CARE
SUPPLEMENTARY-QENERAL CONDITIONS
Certain articles of the "General Conditions of the Contract for Construction", AIA Document A 201, 1987
edition, as published by the American Institute of Architects, are revised by, added to, or replaced by
the requirements of this section.
A. ARTICLE 1 - CONTRACT DOCUMENTS
1. The Drawings and Specifications referred to in paragraph 1.1.1. and throughout the General
Conditions are further defined as those entitled RENOVATIONS AND REPAIRS TO FRED
MOORE CHILD CARE CENTER, Denton, Texas, and include all the following:
a. Drawings
Title Sheet ...................................................... Dated: Feb. 1, 1995
Architectural................................................. Sheets No. A-1 thru A-5
Mechanical, Electrical, Plumbing ..................... Sheets No. MEP-1 thru MEP-2
b. Specifications:
General Requirements ........................................... Division A thru C
Special Requirements and
Technical Specifications ................................ Divisions 1 thru 16
2. In paragraph 1.1.1., last sentence, delete the words "the Contractor's Bid".
B. ARTICLE 5 - SUBCONTRACTORS
1. Add the following sentence to paragraph 5.2.4.: Acceptance of the substitute Subcontractor
after previous acceptance of a Subcontractor for any portion of the work shall not constitute
reason for an increase in contract amount.
C. ARTICLE 9 - PAYMENTS AND COMPLETION
1. Add the following paragraph:
9.2.2 The Architect will provide to the Contractor a list of the portions or sections of work for
which he wishes to have separate values included and those items for which he will require
material quantities to be shown.
2. Add the following paragraphs:
9.3.4 The Contractor shall submit his Application for Payment, amounting to 90% of the cost
of the work performed and 90% of the materials on hand in accordance with paragraph 9.3.2
above, as of the last day of each month.
9.3.5 Payments on account of the above described applications will be due, in accordance with
the provisions of Sub -articles 9.4 through 9.6, on the tenth (loth) day of the month following the
payment period.
3. Change paragraph 9.10.1 to read as follows: Upon receipt of written notice that the work is
ready for final inspection and acceptance and upon receipt of a final Application for Payment,
the Architect will promptly make such inspection and, when he finds the work acceptable under
the Contract Documents and the Contract fully performed, he will promptly issue a final
Certificate of Payment stating that to the best of his knowledge, information and belief, and on
the basis of his observations, the work has been completed in accordance with the terms and
conditions of the Contract Documents and that 95% of the Contract amount is due and payable
to Contractor as noted in said final Certificate. The remaining 5% retainage will be due and
payable to him within thirty (30) days after acceptance of the work by the Owner as
recommended by the Architect.
2-95 SUPPLEMENTARY GENERAL CONDITIONS - 1 FRED MOORE CHILD CARE
D. ADD THE FOLLOWING NEW ARTICLES
ARTICLES 15 - ACCESS TO THE WORK
15.1 Access to the work.
15.1.1 The Architect, the Owner, and their authorized representatives shall have access at all times
to the work for inspection wherever it is in preparation or progress, and the Contractor shall
provide proper facilities for such access and inspection.
E. ARTICLE 16 - STANDARDS
16.1 Standards
16.1.1 Any material specified by reference to the number, symbol or title of a specific standard, such
as a Commercial Standard, a Federal specification, a trade association standard, or other similar
standard, shall comply with the requirements in the latest revision thereof and any amendment or
supplement thereto in effect on the date of these Specifications, except as limited to type, class or
grade, or modified in such reference.
16.1.2 The standards referred to, except as modified in the specifications shall have full force and
effect as though printed in the specifications. These standards are not furnished to bidders for the
reason that the manufacturers and trade involved are assumed to be familiar with their requirements.
The Architect will furnish, upon request, information as to how copies of the standards referred to
may be obtained.
16.1.3 It is not the intent of these Specifications to limit materials to the product of any particular
manufacturer. Where definite materials, equipment and/or fixtures have been specified by name,
manufacturer or catalog number, it has been done to set a definite standard and a reference for
comparison of quality, application, physical conformity, and other characteristics. It is not the
intention to discriminate against or prevent any dealer, jobber, or manufacturer from furnishing
materials, equipment, and/or fixtures which, in the judgment of the Architect, expressed in writing,
meet or exceed the characteristics of the specified items. Substitution of materials shall not be
made without prior written approval from the Architect. Refer to Section 1 B - Job Requirements:
Sub -section 8, for conditions governing substitutions.
F. ARTICLE 11 -INSURANCE
(see the following five pages titled: City of Denton Insurance Requirements for Contractors.)
2-95 SUPPLEMENTARY GENERAL CONDITIONS - 2 FRED MOORE CHILD CARE
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
AFFOORAI
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:
(x) A. General Liability Insurance:
General Liability insurance with combined single limits of not less than _
Sl.000.000 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
• Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AFFOOBA 1
REVISED 10/12/94
Insurance Requirements
Page 4
[x] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $5oo,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.
[A 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 $100,00O for each
accident, $100,0O0 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 1 10.1 10 of the Texas
Worker's Compensation Commission (TWCC).
[ I Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
AFFOOBA 1
REVISED 10/12/94
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
[ I Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required.
[ I Professional Liability Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement.
[ I Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear.
[ I Additional Insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements. If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
AFFOOBAI
REVISED 10/12/94
Insurance Requirements
Page 6
ATTACHMENT 1
jxl 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 contra ctor'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 IOM2l94
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 10/12/94
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.
AFFOOBAI
REVISED MUM
A. Hazardous Materials:
1. Construction Products: There shall be no asbestos containing materials used in the
construction of, or installed in, the building.
2. Certification: Upon completion of the work, the contractor shall provide a letter
certifying the non-use of asbestos containing materials in the construction of the
building.
B. Conditions of the work:
Contractor shall not be allowed to let debris accumulate on the ground. All material
removed shall be deposited in a dumpster or other container furnished by the
Contractor.
2. Interior demolition, on site mobilization, product procurement and exterior construction
may begin upon official Notice To Proceed.
2-95 SPECIAL CONDITIONS - 1 FRED MOORE CHILD CARE
General Decision Number TX940059
Superseded General Decision No. TX930059
State: TEXAS
Construction Type:
BUILDING
County(ies):
COLLIN DENTON
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories). Use current
heavy and highway General Wage Determination for Paving and
Utilities incidental to Building Construction.)
Modification Number Publication Date
0 02/11/1994
1 10/21/1994
TX940059 - 1
10/21/1994
COUNTY(ies):
COLLIN
* IRON0263B
DENTON
08/01/1994
Rates
IRONWORKERS (Structural) 13.61
-------------------------------------------
* SUTX1074A 11/01/1989
Rates
ACOUSTICAL INSTALLERS
12.27
CARPENTERS (Excluding Acoustical
Installers & Drywall Hangers)
12.36
DRYWALL HANGERS
12.17
ELECTRICIANS
13.10
LABORERS, UNSKILLED (Excluding
Landscape Laborers)
7.04
PAINTERS:
Brush & Spray
10.15
Painters doing drywall finishing
only
10.08
PAPERHANGERS
12.50
PLUMBERS & PIPEFITTERS (Including
HVAC Work)
12.47
POWER EQUIPMENT OPERATORS;
Cranes
15.00
ROOFERS
10.17
SHEET METAL WORKERS (Including
HVAC Duct Work)
10.94
SPRINKLER FITTERS
12.00
--------------------------------------------
WELDERS - Receive rate prescribe.: f^=
craft
to which welding is incidental.
--------------------------------------------
Fringes
4.25
--------------------
Fringes
1.38
1.97
.86
2.20
1.87
2.85
1.10
1.45
2.30
---------------------
performing one,---tion
--------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be -added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a)(1)(v)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
END OF GENERAL DECISION
TX940059 - 2 10/21/1994
Federal Labor Standards Provisions
The Protect or Prrx71am to which me construction work covered by this
Contract pertains is Doug assisted by the United States oN Ar enca and the
following Federaf Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance
A. 1. M Mknhrnirn Wages. All Laborers and mechanics employed or work-
.ng upon the site or the work (or under me United States housing Act of
1937 of under tie Housing Act of 1949 to the constnxtfon of development
Of the protecQ will De paid Unconditionally and not less Orion than once a
week and wrthout subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 4 To hill amount
of wages and bona fide hinge benefits (o cash equivalents thereof) due at
I time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is amached hereto and
made a part hereof. regardless of any contracaural relationship which may
be alleged to exist between the contractor and such laborers and
mechanicsContributionsContributions made or costs reasonably anticipated for bona
hde fringe benefits under Section 1(bx2) of the Davrs-Bacon Act on b~
of faborer3 or mechanics are considered wages paid to such laborers or
ilmechainlcs subtect to the provisions of 29 CFR 5.5(axtxrv), also, regular
contributions made or costs inured for more than a *salty period (but
)not less often than quarterly) under plans. funds, or programs. which cover
the particular weekly period. are downed to be constructively made or
yncuned dunng such weekly period.
Such taboers and mechanics shall be paid the appropriate wage rate
and fringe bereft on the wage desermination for the classificabon of work
actually performed, without regard to skull, except as provided in 29 CFR
,Part 5 5(aX4) Laborers or mechanics performing work in more than one
�classification may be compensated at the rate specified for each classifica-
on tor the time actually worked therein. Provided. That the employers pay-
roll records accurately set loM He time spend in each classification in
filch work is performed The wage debrmination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(aXlXii) and
Davis -Bacon poster (WH-1321) shall be posted at all times by Hie con-
tractor and its subcontractors at the site of the work in a prominent and
lacce"NeL place where can be easily seen by to workers.
(if) (a) Any class of laborers or mechanics which is not listed in the
]wage darierrninabon and which is to be employed under the contract shall
be classified in conformance with the wage determination HUD shall
4Ipr aoove an additional classification and wage rate and fringe benefits
therefore only when the fobowing criteria Have been met
i (1) The work to be performed by Vie classification requested is not
performed by a classification in the wage determination. and
(2) 1 he classification is utilized in Tie area by the construction
ir,cusvy. and
' (3) The proposed wage rate, including any bona fide tinge bene-
fits beers a reasonable relationship to me wage rates contained in the
age determination
(b) if the contractor and the laborers and mechanics to be employed
ir. Vie classification (it known), or their representatives, and HUD or its
designee agree on the classification and wage rate (including the amount
-"nated for Mingle benefits where appropriate), a report of Cie action
t`ken snap be writ by HUD of its designee to the Administrator of the Wage
rid Hour Division Employment Standards Administration, U S Department
of labof. Washington 0 C 20210 The Administrator or an authorized
representative will approve modify or disapprove every additional classifi-
ation accon with,,, 30 days of receipt and so advise HUD or Its designee
Or will notify HUD or its designee within the 30-day period that additional
time is necessary (Approved by the Office of Management and Budget
'funder OMB connol numbef 1215-0140 )
(c) Ira the P_vent the contractot the laborers pr me,, panics to be
'YnPioyed in me Uasv6"ucn or mein representatives anti HUD or its
designee do not agree on me proposed classihcation and wage rate
IiinGWiny rr amount desynateo for tinge Deneom where appropriate),
yr n.n •,. c •.. .,. ,.. -... ` � —
U S Deprvr"" of towing
and Uirtfsin Dwookipffienit it
HUD a its designee shall rebr the questions, including the views of all
interested parties and the recommendation of HUD or its desgnee, to the
Administrator for determination. The Administrator. of an authorized repre-
sentative. will issue a deeernunaion within 30 days of receipt and so advise
HUD or rta designee or will notify HUD or its designee within the 30-day
period that additional time is necessary (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140 )
(d) The wage rate (including tringe t»nefita where app(opnate)
determined pursuant to subparagraphs (IN!;' Or (c) of this paragraph. shall
be paid to all workers performing work tr .e ctasaficatwn under this Con-
tract from the first day on which work is Performed in the classification.
(15) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate. the contractor shall either pay the benefit as
stated in the wage defer ninabot or shall pay anoher bona fide hinge
benefit or an hourly cash equivalent thereof.
(►M) If the contractor does not make payments to a trustee or other third
person. the contractor may consider as part of the wages of any laborer or
mechanic line amount of any costa reasonably anticipated in providing
Ilona fide fringe benefits under a plan or program, Provided. That the
Secretary of Labor has found, upon the wntten request of Hie contractor•
that the applicable standards of the Davts-Bacon Act have been met The
Secretary of tabor may require this contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140)
2. WW*wkin;. HUD or its designee shall upon its own acbon or upon
written request of an authorized representative of line Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the same prime contractor, or any other
Federaily-assisted contract subject to Devts-Bacon prevailing wage
requirements, which is tell by the same prime contractor so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices. trainees and helpers.
employed by the contiacfor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice. trainee of helper. employed or working
on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the
protect). all or part of the wages required by the contract HUD or its desig-
nee may, after written notice to the contractor, sponsor, applicant or owner,
take such action as may be necessary to cause the suspension of any
further payment advance, or guarantee of funds unlit such violations have
Ceased HUD Or its designee may, after written notice to me contractor, dis-
burse such amounts withheld for and on account of the contractor or sub-
contractor to the respective employees to whom they are due The Comp-
troller General shall make such disbursements in the case of direct
Davis -Bacon Act contracts
3. M Payrolls and basic records- Payrolls and basic records relating
tereto snail be maintained by the contractor dunng the course of the work
preserved to( a period of three years thereafter for all laborers and
mechanics working at the site of the work rot under the United States
Housing Act of 1937. or under the Housing Act of 1949. in the construction
or development of the project) Such records shall contain the name
address and social security number of each such worker. his or her Cor-
rect classification hourly rates of wages paid (including rates of contribu-
tions or costs anticipated tot bona fide fringe benefits or cash equivalents
thereof of me types described in Section 1(bX2HB) of the Davis-ti,,con Act),
daily and weekly number of hours worked deductions made and actual
wages paid whenever the Secretary of Labor has found under 29 CFR 5 5
(aN f Xtv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan of pro-
gram oescnbed n Section tib92)(B) of the Davis -Bacon Act die contractor
Spar. ,nav+taw er:ords which snow mat the commitment to provide such
. rn•n "`Rll
' .. ir,. (rid• d prrr�rJrt. S Ir dr � idll•r rPSUrin9niP
benefits .;I "'I ,. . . ,
and that m« plan oee
f pfuQ(.hru nay bn communicated in writing to me
Cled and records which Show the costs antic,
laborers or mecnan,Cs ane
ctors
paled or the a( ,. cost incurred in Providing Such beneShall maintain
'if,'if,).mainla,n
emplopng app'enbc e", or trainees under approve) programs rams and certiti-
wntten evidence of the rerpstrabon of apprenticeship O9
cation of trainee programs the reg'st bed in the applicable programs
Of the apprr entices and trainees
and the ratios and wage rates Prescribed
(Approved by the Office Of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017 ) (jj) (a) The contractor shall submit weekly
orto h Or _
itsin which designee d
o
contract work ,s performed a COPY payrolls
the agency is a party 10 me contract but if the agency is not such a party.
the contractor will submit the Payrolls to the applicant sponsor, or owner.
as the case may be for transmission to HUD or its designee The payrolls
submitted shall set out accurately and completely all of me information
rmion
required to be maintained under 29 CFR Part 5 5(aN3N ) is information
may be submitted in any form desired Optional Form WH-347 is available
lot this purpose and may be purchased from the Superintendent of DOcu-
ments (Federal Stock Number 029-005-00014-1). U S. Government Printing
Office. Washington. DC. 20402 The by apt me contractor Subcontractorsisl responsible
s nsi le f the
submission of copies of payrolls
Office of Management and Budget under OMB Control Number
1215-0149.) b a "Statement of
(b) Each payroll submitted shall be accompaniedY
Compliance:' signed by the contractor n' r Subcontractor
persons or
under the or her agent
who pays or supervises the payment
contract and shall cerbly the following.
(1) That me payroll for the payroll penod contains the inlormation
required to be maintained under 29 CFR Part 5.5 (aX3M') and that such
information is correct and complete.
(2) That each laborer or mechanic (including each helper.nod
apprentiapprentice. and trainee) employed on the contract during me payrollDe
has been paid the full weekly wages earned. without rebate. either directly
or indirectly. and that no deductions have been made either directly or indi-
rectly from Me full wages earned, omen man permissable deductions as set
forth in 29 CFR Part 3. d not Tess man V1?
(3) That each laborer or mechanic has been pa
applicable wage rates and fringe benefits or cash [equivalents for the clas-
sicabon of work performed. as specified in the applicable wage determina-
tion incorporated into the contract
(c) The weekly submission of a properly executed cerbhcabon set
form on me reverse side of Optional Form WH-347 shalt sabsty the
requirement for submiSsiOn Of the "Statement of Compliance' required by
paragraph A3 (Ob) of this section.
(d) The falsification of any of me above certifications may sublet[ the
contractor Or subcontractor to civil or criminal prosecubOn under Section
1001 of Ti6e 18 and Section 231 of Title 31 of the United States Code
('ki) The contractor or subcontractor shall make the records required
or
under paragraph A3 P) of this section available for inspection. copying
transcription by aumonzed representatives of HUD or its desgee
or me
Department of La DO( and shall permit such representatives to Interview
employees during working hours On the job If the contractor or subcOn-
tractor fails to submit the required records or to make them available. HUD
or its designee may. after written notice to the contractor. sponsor. appti-
canL or owner. take such action as may be necessary to Cause me sus-
pension of any further payment- advance. or guarantee of funds Further-
more. failure to submit tie, required records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12 entices will De per-
♦. m Apprentices and Traww". Apprerrtusk ApW
mined to work at less man the predetermined rate for the work they per-
formed when they are employed pursuant to and individually registered in
bona fide apprenticeship program registered with me U-S Department Of I Apprenticeship
Labor EmpoymeInt and Training Administration. Bureau o pp p
and Training or with a State Apprenticeship Agency recognized by the
Bureau or ,t a person ,s employeo ,n his or her first 90 days Of probational
employment as an apprentice in such an apprenticeship program who is
not individually registered ,n the Program but who has been certihed by
Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropnaW to fie eligible for probationary employment as an
appreowc e I ne Jlln wa DlP ratio ,)l appieOr" W. Ir, li,urneyrnen On mr✓ too 4te
in any craft classification snail not be greater than the ratio permitted to the
contractor as 10 the entire work force under the registered program Any
worker tided on a payroll at an apprentice wage rile who is not registered
or otherwise employed as slated above. Shall be paid not less than the
applicable wage (ale on file wage determination for the classification of
work actually performed In addition any apprentice Pertorm,ng work on
the job site in excess of the ratio Permitted under the registered program
Shall be paid not less man the applicable wage rate on the wage determi-
nation for the work actually performed Where a contractor is performing I
construction on a project ,n a locality Omer than that in which its program ,s
registered. the rabos and wage rates (expressed ,n percentages of the jour.
neyman s hourly rate) specified ,n the contractor's or subcontractor's regis-
tered program shall be observed Every apprenctir-e must be paid at not
less man the rate specified in the registered program for the apprentice s
level of progress. expressed as a percentage of the lourneymen hourly rate
Specified in me applicable wage determination Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship
program If the apXenbcesh'p program does not specify fringe benefits.
apprentices must be paid the full amount of fringe bene'.its listed on the
wage determination for the applicable classification If the Administrator
determines that a different practice prevails for the applicable apprentice
c)assificabon, fringes shall be paid in accordance with that determination In
the event the Bureau of Apprenticeship and Training. or a State Appren-
ticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program. the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved
(I� Trainees. Except as provided in 29 CFR 5. 16. trainees will not be
permitted to work at less than the Predetermined rate for the work per-
formed unless they are employed pursuant to and individually registered in
a program which has received prior approval. evidenced by formal certifi-
cation by the U.S. Department of tabor. Employment and Training Admin,-
straton. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and
Training Administration- Every trainee must be paid at not less than the rate
specified in Vie approved program for the trainee's level of progress.
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program if the trainee pro-
gram does not mention fringe benefits. trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full
fringe benefits for apprentices Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not
less than the applicable `'`'age rate on me wage determination for the wori�
actually performed in addition any trainee performing work on the lob site
,n excess of the ratio permitted under the registered program shall be paid
not less than me applicable wage rate on the wage determination for me
work actually performed in the event the Employment and Training Admirl
istration withdraws approval of a training program. the contractor will no 11
longer be permitted to utilize trainees at less than the applicable predeter-
mined rate for the work performed until an acceptable program ,s
approved
(iif) Equal art+Dby^>at+t tt
opportuy The utilization of apprentices.
trainees and journeymen under this part shall be in conformity with me
equal employment opportunity requirements of Executive Order 11246. as
amended. and 29 CFR Part 30
S Compliance ,with Copeland Act requirements. The contractor shall i
a comply with the requirements of 29 CFR Part 3 which are incO(Wraled by
reference in this contract ,n an sub
6 Subconyicb The contractor or subcontractor will insert Y
contracts the clauses contained in 29 CFR 5 50XI) through (10) and sue
il
ry other clauses as HUD or its designee may by appropriate instructions
require and also a clause reou,nng me subcontractors to include these
ifhe clauses in any lower tier subconrracts The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subco'
tractor with all the contract clauses ,n 29 CFR Part 5 5
FLS — 2 HUDd010 (2-S'
7 C ntracte termination, debarment, A breach of the contract clauses in
29 CFR 5 5 may be grounds for termination of the contract, and for debar-
ment as•a contractor and a subcontractor as provided in 29 CFR 5 12
11. Compliance with Davis -Bacon and Related Act Requirements. All rul-
ings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR Parts 1 3 and 5 are herein incorporated by reference in this
contract
9. Disputes conceming labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be sublec: to the general
disputes clause of this contract Such disputes shall to 'esolved in accor-
dance with the procedures of the Department of Labor set forth in 29 CFR
Parts S. 6. and 7 Disputes within the meaning of this clause include dis-
putes between the contractor (or any of its subcontractors) and HUD or its
designee. the U S Department of Labor. or the employees or their
representatives
to. (1) Cer"kation of EYgibIlity. By entering into this contract the con-
tractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12fagt) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24.
(It) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5 12(a)(1) or to be awarded HUD contracts
or participate in HUD programs pursuant to 24 CFR Part 24.
(ik) The penalty for making false statements is prescribed in the U.S.
Criminal Code. 18 U.S C 1001. Additionally. U.S. Criminal Code, Section
1010. Tide 18. U.S C. "Federal Housing Administration transactions'. pro-
vides in part "Whoever, for the purpose of ... influencing in any way the
action of such Administration... makes, utters or publishes any statement
knowing the same to be false. shall be fined not more than S5.000 or
imprisoned not more than two years. or both "
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary. or other labor standards provisions of
this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to
his employer
8 Contract Work Hours and Safety Standards Act As used in this para-
graph. the terms "laborers' and "mechanics" include watchmen and
guards.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employ-
ment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work
in excess of forty
hours in such workweek unless such laborer or mechanic receives com-
pensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked so m
excess of forty hours in such workweek. whichever is greater
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph. the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages In addition. such contractor and subcon.
tractor Shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a temtory, to such District or to such
temtory), for liquidated damages. Such liquidated damages shall be com-
puted with respect to each individual laborer or mechanic. including
watchmen and guards. employed in violation of the clause set forth in sub-
paragraph (1) of this paragraph, in the sum of S10 for each calendar day on
which such individual was required or permitted to work
l'tin excess of the standard workweek of forty hours without pay-
ment of the overbme wages required by the Clause set forth in subpara-
graph (1) of this paragraph.
(3) Whhhoiding for unpaid wages and liquidated damages. HUD or its
designee shall upon its own action or upon wntten request of an autho-
rized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract wills the same prime contract or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act which
is held by the same prime ccntractor such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set
forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontrac-
tor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. HeaM and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous. or danger-
ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulabon
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and
failure to comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public Law 91.54. 83 Stat 96)
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor
The Contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions
FLS - 3 HUD-4010 (2-84)
U.S. DEPARTMENT OF HOUSING AD URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Appropriate Recipient):
r/o
DATE
PROJECT NUMBER (if any)
PROJECT NAME
1. The undersigned, having executed a contract with
for the construction of the above -identified project, acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract:
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his/her subcontractors and any
lower tier contractors is his/her responsibility:
2. He/She certifies that:
(a) Neither he/she nor any firm, partnership or association in which he/she has substantial interest is designated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6 (b) of the Regulations of the
Secretary of Labor, Pan S (29 CFR, Parr 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C.
276a-2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor it such sub -contractor or
any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as
an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions.
3. He/She agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract,
including those executed by his subcontractors and any lower tier subcontracts, a Subcontractor's Certification Concerning
Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
4. He/She certifies that:
(a) The legal name and the business address of the undersigned are:
FED ID OR SS#
RACE
(b) The undersigned is: (Check One)
❑ (1) A SINGLE PROPRIETORSHIP I ❑ (3) A CORPORATION ORGANIZED IN THE STATE OF
❑ (2) A PARTNERSHIP I ❑ (4) OTHER ORGANIZATIONS (Describe)
(c) The name, title and address of the owner, partners or officers of the undersigned are:
C — I
(d) list the names and addresses of all other persons having a substantial interest in the undersigned and the nature of the
interest:
Date
(a) List the names, address and trade classifications of all other building construction contractors in which the undersigned
has a substantial interest:
BY
(Contractor)
C — 2
V , ULI ^(I,IV, LIV I VI- I1VVOIIVU NU Ut1U/�IV ULVLLVI IVILIV I
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Appropriate Recipient): I DATE
CIO
PROJECT NUMBER (if any)
PROJECT NAME
1. The undersigned, having executed a contract with
(Contractor or Subcontractor)
(Nature of Work)
in the amount of $
in the construction of the above -identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract:
(b) Neither he/she nor any firm, corporation, partnership or association in which he/she has a substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the
Regulations of the Secretary of Labor, Part 5 (29 CFA Parr 5), or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (10 U.S.C. 276a-2(a)).
(c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontract or any
firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an
ineligible contractor pursuant to the aforesaid regulatory of statutory provisions.
2. He/She agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of
any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and prevailing Wage Requirements,
executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about
(Date)
3. He/She certifies that:
(a) The legal name and the business address of the undersigned are:
FED ID OR SS #
RACE
(b) The undersigned is: (Check One)
❑ (1) A SINGLE PROPRIETORSHIP
❑ (3) A CORPORATION ORGANIZED IN THE STATE OF
❑ (2) A PARTNERSHIP I ❑ (4) OTHER ORGANIZATIONS (Describe)
(c) The name, title and address of the owner, partners or officers of the undersigned are:
C - 3
tdf Ust the names and addresses of all other persons having a substantial interest in the undersigned and the nature of the
interest:
DATE
(e) list the names, address and trade classifications of all other building construction contractors in which the undersigned
has a substantial interest:
BY
(Contractor)
C - 4
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF CONTRACTOR/SUBCONTRACTOR REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
This certification is required pursuant to Executive Order 11246 (30 F. R. 1231-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an
initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract
subject to the equal opportunity employment clause: and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,
such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No
contract shall be awarded unless such report is submitted.
NAME AND ADDRESS OF BIDDER (mc u e ZIP e)
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
❑ Yes ❑ No
2. Compliance reports were required to be filed in connection with such contract or subcontract.
❑ Yes ❑ No
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
❑Yes ❑No
4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as
amended?
❑ Yes ❑ No
NAME AND TITLE OF SIGNER (Please type).
SIGNATURE DATE
Replaces lom is obsolete
C - 5
A COPY OF THIS FORM MUST BE SIGNED BY EACH PROPOSED CONTRACTOR
AND SUBCONTRACTOR.
CERTIFICATION OF PROPOSED CONTRACTORISUBCONTRACTOR
REGARDING SECTION 3 AND SEGREGATED FACILITIES
Name of Prime Contractor
or Subcontractor
The undersigned hereby certifies that:
FRED MOORE CHILD CARE RENOVATION
B-94-MC-48-0036
Project Name and Number
A) Section 3 provisions are included in the Contract
B) A written Section 3 plan was prepared and submitted as
part of the bidding process (if bid equals or exceeds
$10,000) NOTE: THE SECTION 3 PLAN MUST BE SUBMITTED TO
THE COMMUNITY DEVELOPMENT OFFICE, 105 1/2 W. OAK ST.
PRIOR TO CONTRACTOR ACCEPTANCE. A BREAKDOWN OF
SUBCONTRACTORS AND EXISTING WORK FORCE MUST BE INCLUDED
(SEE PRECEDING FORMS).
C) No segregated facilities will be maintained.
NAME AND TITLE OF SIGNER (PRINT OR TYPE)
SIGNATURE
DATE
C - 6
PROPOSED SUBCONTRACTS BREAKDOWN
TABLE A
For the period covering 1994 through , 1994.
(Duration of federally assisted project)
Type of Contract Total Number of Total Approximate Est. H of Contracts I Estimated Dollar
Business or Prof. Contracts Dollar Amount to Project Area Amount to Project
Businesses* Area Businesses*
*The Project Area is coextensive with the City of Denton's boundaries.
Company
Project Name
EEO Officer (signature)
Project Number
Date
C — 7
ESTIMATED PROJECT WORKFORCE BREAKDOWN
JOB CATEGORY
TOTAL ESTIMATED
POSITIONS
N POSITIONS OCCUPIED
BY PERMANENT
EMPLOYEES
N POSITIONS NOT
CURRENTLY
OCCUPIED
N POSITIONS TO BE
F11 I D WITH
LI.PA.R.•
OFFICERS/SUPERVISOR
PROFESSIONALS
TF0INICL4,NS
HOUSING
SALES/RENTAL MGMT
OFFICE CLERICAL
SERVICES WORKERS
OTHERS
JOURNEYMEN
APPRENTICES
MAX. N OF TRAINEES
OTHERS
JOURNEYMEN
APPRENTICES
MAX. N OF TRAINEES
OTHERS
JOURNEYMEN
APPRENTICES
MAX. N OF TRAINEES
OTHERS
*Lower Income Project Area residents. Individuals residing within the City of Denton whose
family income does not exceed 80% of the median income in the metropolitan statistical area.
COMPANY
C - 8
BID FOR LUMP SUM CONTRACT
Date: MARCH 2, 1995
Proposal of
SOUTHWEST INDUSTRIAL CONSTRUCTORS INC.
121 EXPOSITION STREET, DENTON, TEXAS 76205
(hereinafter called 'Bidder"), *a corporation, organized and existing under the laws of the State of
Texas, *a partnership or *an individual doing business as:
TO: CITY OF DENTON
PURCHASING DEPARTMENT
ATTN: TOM SHAW
901-B TEXAS ST.
DENTON, TEXAS 76201
Gentlemen:
The undersigned, in compliance with your invitation for bids for the RENOVATIONS AND REPAIRS
TO FRED MOORE CHILD CARE CENTER, 821 CROSS TIMBERS, DENTON, TEXAS, having
examined the drawings and specifications with related documents and the site of the proposed work,
and being familiar with all of the conditions surrounding the construction of the proposed work, hereby
proposes to furnish all labor, material, equipments, and supplies and to construct the project in
accordance with the Contract Documents, and at the price set forth below. These prices are to cover
all expenses incurred in performing the work required under the Contract Documents of which this
proposal is a part.
The Bidder further agrees, and acknowledges, the following Addenda have been received and that the
entire contents thereof have been incorporated into this Proposal:
No. 1 dated 2-24-95
No. , dated
BID ITEM NO. 1 PHASE ONE:
No. 2 , dated 2-27-95
No. , dated
Bidder agrees to perform all of the work described in the specifications and shown on the drawings for
the sum of ONE HUNDRED FIFTY SIX THOUSAND THREE HUNDRED
NINETY FOUR AND NO/100 (� 156,394.00 J.
** Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in
words will govern.
2-95 PROPOSAL FORM - 1 FRED MOORE CHILD CARE
N/
I>
TIME FOR COMPLETION OR LIQUIDATED DAMAGES
The undersigned agrees to complete all of the work required in PHASE ONE, ready for the owner's
acceptance, no later than August 21, 1995. fully realizing that the Contract will carry liquidated
damage provisions.
STATE SALES TAX
It Is understood that this project is exempt from the State Sales Tax and the proposal amounts quoted
herein do Mt include State of Texas Sales Tax.
The undersigned Bidder further agrees to the following conditions:
An incomplete Proposal or one having additional information or other modifications inscribed
thereon, may be cause for rejection of the entire Proposal.
2. That, if accepted by the Owner, this Proposal becomes a part of the Contract Documents upon
the signing of the Contract Agreement, and failing to comply with any part of this Proposal will
be taken as failure for the Bidder to comply with the Contract Documents and will be just cause
for rejection of the work.
3. That the Owner reserves the right to reject any or all bids and waive informalities and
irregularities or to accept any bid considered advantageous to him.
4. That he, the Bidder, will not withdraw this Proposal for a period of thirty (30) days from the date.
hereof.
5. This project to which the construction work covered by this contract pertains is being assisted
by the United States of America and the federal Labor Standards Provisions which are included
in this Contract pursuant to the provisions applicable to such Federal assistance.
Respectfully submitted,
SOUTHWEST INDUSTRIAL
CONSTRUCTORS INC.
Bidder
121 EXPOSITION STREET
DENTON, TEXAS 76205
Address
���
Authorized Oftrcer
T.E. STANEK, C.E.O.
Title
;MARCH 2, 1995
2-95 PROPOSAL FORM - 2 FRED MOORE CHILD CARE