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HomeMy WebLinkAbout1992-101ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements 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 con- struction 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1366 FLOYD GLENN SMITH $12,901.00 1374 BOYD EXCAVATION $13,180.00 1388 SOUTHWEST INDUSTRIAL CONSTRUCTORS $138,636.00 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, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied 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 here- by 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 im- mediately upon its passage and approvg#. PASSED AND APPROVED this the c-Aj-- day of ,1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY W-1 APPWVED A5 TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i6mu) La'tl BOB CASTLEBERRY, MA Page 2 DATE: JUNE 23, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1366 - WILSON STREET SIDEWALK IMPROVEMENTS RECOMMENDATION: We recommend this bid be awarded to Floyd Glenn Smith Contractors in the amount of $12,901.00. SUMMARY: This bid is for the sidewalk improvements along Wilson Street from Bradshaw Street to Ruddell, a distance of 1310 feet. The bid includes all labor and materials as well as compliance with all U.S. Department of Housing and Urban Development Regulations for Community Development Block Grant Contracts. Only one bid was received from thirty four (34) notices mailed. The bid price was below our engineers estimates for the project and Floyd Glenn Smith has performed quality work on past projects. BACKGROUND: Tabulation sheet, Memorandum from David Salmon, Senior Civil Engineer. OR GROUPS AFFECTED: Community Development FISCAL IMPACT: Funds for this project will come from account #219-056-CD66-8509. CDBG funds for Wilson Street Sidewalks. speeccttfully submitted: u Lloyd V . Harrel City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 272. DOC BID # 1366 BID NAME WILSON STREET SIDEWALK OPEN JUNE 2, 1992 # ITEM DESCRIPTION TOTAL BID BOND FLOYD GLENN SMITH I VENDOR I $12,901.00 YES VENDOR t CITY of DEMTOM, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: June 4, 1992 TO: Tom Shaw, Purchasing Agent FROM: David Salmon, Senior Civil Engineer SUBJECT: Wilson Street Sidewalk Bid Please process this bid for the next available City Council meeting. Although only one contractor bid on the project, the prices are extremely reasonable. The total bid is much lower than our estimate. Obviously, Floyd Smith is a qualified contractor and we should receive top quality work. �� David Salmon xc: Barbara Ross AEE0016B 8171566-8200 D/FW METRO 434-2529 DATE: JUNE 23, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1374 - DEMOLITION AND CLEARING #19 RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Boyd Excavation in the amount of $13,180.00. SUMMARY: This bid is for the demolition of existing structures and the clearing of six (6) sites designated by the Community Development Department. 1) 625 Mill Street 2) 538 Maddox Street 3) 335 Mill Street 4) 222 Normal Street 5) 1512 N. Elm Street 6) 2303 Conway Street Each site will be cleared and leveled suitable for mowing. Trees will remain undisturbed where demolition work will permit. BACKGROUND: Tabulation sheet, Memorandum from Barbara Ross, Community Development Administrator. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Community Development and the Citizens of Denton. FISCAL IMPACT: Funds for this project will come from account #219-056-CD67-8502 Community Development Department. pectfully submitted: Lloyd V . Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 273. DOC �P w N H I ik O W w V H H z as N H N W ON W Ul N W w W N O H N VI W Ut W N [•+Zy] z o H tj E � 0 o H co HH m P. H r w H H o H z H N kp O m H z 0 yH r — — — — — — — — — — — — — — — — — — — — — — — — — O CD z Pb O O W J O In O O O O to O I'1 L7•] O O O O O O O (zA O O O O O O O — — — — — — — — — — — — — — — — — — — — — — — O — — Ua R, GC [� x m W �-• N In H H H `Z z O O O O O O O fi1 H 0 0 0 0 0 0 0 z — — — — — — — — — — — — — — — — — — — — — — — — — I I -w N �n D7 H O ----------------- O r p w N �-• u+ F+ H H H N J N N W CD 0 p O O O O O O O [z+J O O O O O O O ----------------- O O O O O O O w au N O O 0 ----------------- c� S v, z oW o x H '•pV •J1 cIn ca m w O k C7 C M [9 z x H H °z 0 z o ro H CC CITY of DENTON Community Development Office 110 West Oak Suite B Denton, Texas 76201 (817) 383-7726 MEMORANDUM DATE: June 10, 1992 TO: Tom Shaw, Purchasing Department FROM: Barbara Ross, Community Development Administrator SUBJECT: Demolition #19 The Community Development office would like to accept the bid of Boyd Excavation for $13,180.00 to complete demolition and clearance of the structures in Demolition #19. Please inform us as soon as the purchase order has been approved by City Council. Thank you. Barbara Ross DATE: JUNE 23, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1388 - COOKE COUNTY COLLEGE CONSTRUCTION RECOMMENDATION: Council approve award of Bid #1388, Cooke County College Construction, to the low bidder, Southwest Industrial Constructors, in the amount of $138,636.00 (base bid including alternates 1 through 7). SUMMARY: Bids were received for the general construction and renovation of lease space for Cooke County College at 608 East Hickory Street, Denton, Texas. Southwest Industrial's base bid is $129,500 and the total amount including all alternates (see tab sheet) is $138,636.00. Fourteen vendors received bid packages and six bid proposals were submitted. BACKGROUND: Tabulation sheet 5 OR GROUPS AFFECTED: Facilities Management Division FISCAL IMPACT: Funds for this project will come from account #100-032-0002-9101. The City of Denton will receive lease payments from Cooke County College offsetting the cost of this project. Roftpect submitted: ol Lloyd V . Harrell City Manager Prepared by: Name: a,,Snie Harden Title: Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 277. DOC a aapt fD (9 f0 (0 (D (D (D 5 5 O p p C C w w w w w w w z zzzzzz a b ro b ro ro of OG (0-, m p 5 .5p W E .�.. Q mti o o 0, N � 5 w Q. a x F A .0 F 0. 0 C (p O tlC pCp u�i' C� p' r"n 7c' y T 5• �� 7• 5'$ 5•n no n n w E- O 7• y y "" y ti N N C O 0 A p O (D• T n '� O w � n. 5• f c G N p X A @ �. N y v o a c Ov b P w S � P p; N a a C N a. � o � c � a IJ .a 0 0 n O n O Y c 0 n b7 p x O c W : m n W T m of IVp p � d r n Vl �p ray �C P• p co O �. �-+ C C I y On n C O w, 7 P r p P �. ,t�., O• tPi 0 C o• a P _ V O � o 8 LP J y W Q6 p� Q� aQ O R9 �k + t 8 8 g 6 S a eP -� o g W N a 8 N d 8 8 O t3 $ W 4. 4 0 + 0p6 8 O $ N S try 8 8 6 8 L $ N� O 0 8 8 g$ - u` G 8 a 1 �.+ 1 o o N Lo \ I<N \ \ \ G CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( AUG 2=RE( . 1F� THIS AGREEMENT, made and entered into this 23 day of JUNE A.D., 19 92, by and between THE 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 FLOYD GLENN SMITH P.O. BOX 1781, DENTON, TEXAS 76201 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed 'CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID #1366 — WILSON STREET SIDEWALK IMPROVEMENTS in the amount of $12,901.00 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, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING AND TRANSPORTATION DEPARTMENTS 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: APPROVED AS TO FORM -City'Attorney CA-3 0114s (SEAL) PERFOKIANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and Universal Surety of America , 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 TWELVE THOUSAND NINE HUNDRED AND ONE AND NO/100----- — ---- — Dollars ($12,901.00 ) 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 23 day of JUNE , 19 92, for the construction of BID # 1366 - WILSON STREET SIDEWALK IMPROVEMENTS in the amount of $12,901.00 which contract is hereby referred to and made a dpart 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; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed 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 anywise 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, sealed this inst meat his 4th ClPiincipal By F:iC)\,'jd Sienn Sm 41h Title Owr _'r Address po. W_ i—IU D fY_)iCn , T4 7Cc� the said Principal and Surety have signed and day of August , 1992 . Universal Surety of America Surety Title Attorney In Fact Address 1812 Durham Houston, Texas 77007 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey King & Minnis 101 S. Locust Suite 707. Denton. Tx. 76201 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYPfENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That of the City of DENTON FLOYD GLENN SMITH County of DENTON _, and State of TEAS , 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 hound unto THE CITY OF DENTON , OWNER, in the penal sum of TWELVE THOUSAND NINE HUNDRED ,,,.,, ONE ANp Ro lon----------------------------------- Dollars ($i7_ent_Oo ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 23 day of JUNE , 19 92 BID #1366 - WILSON STREET SIDEWALK IMPROVEMENTS 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 prosection 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 Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anywise 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 WITHNESS WHEREOF, the said Principal and Surety have signed and this instrument this 4th day of August , 19 92 By I��Ic� �IP_i1i� �m�TN Title Owner AddressP. I �' J I rV Universal Surety of America n Surety , , Title Attorney In Fact Address 1812 Durham Houston, Texas 77007 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey King & Minnis 101 S. Locust Suite 707, Denton, Tx. 76201 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS X COUNTY OF DENTON )� KNOW ALL MEN BY THESE PRESENTS: THAT FLOYD GLENN SMITH as Principal, and Universal Surety of American a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of ONE THOUSAND TWO HUNDRED NINTY AND 10/100------------------------ Dollars 1,290.10 , 10% o£ - the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said FLOYD GLENN SMITH has this day entered into a written contract with the said City of Denton to build and construct BID # 1366 - WILSON STREET SIDEWALK. IMPROVEMENTS 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 incorporatd 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 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. MB-1 0093b 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 Floyd Glenn Smith as Contractor and Principal, has caused these presents to be executed by Universal Surety of America and the said Universal Suretyof America as surety, has caused these presents to be executed by its Attorney —in —Fact Jeff P. King and the said Attorney —in —Fact has hereunto set his band this 4th day of August , 19 92 . SURETY: Universal Suretv of America MB-2 0093b UNIVERSAL SURETY OF AMERICA 1812 Durham, Houston, Texas 77007 Bond No. 698-1098 For verification of the authority of this power you may telephone (713) 863-7788. GENERAL POWER OF ATTORNEY — CERTIFIED COPY 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 Jeff P. King its true and lawful Attomey(s)—in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowifdge and deliver bonds for! 5 Principe}, Floyd G. Smith dba Flog¢ Smith Concrete Contractor Obligee City of Denton, Texas Amount 12,201,00 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 Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Atmmey(s)—in—Fact may do within the above stated limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the I I th day of July, 1984. "Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Atteaney(s)—in—Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or primed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the wrporation." in Witness Whereof, Universal Surety of America has caused these presents to be signed by Its President, John Knox, Jr. and' Its corporate seal to be hereto affixed this 15th day of October , A.D., 19 90 . w UNIVERSAL SURETY OF AMERICA i3 y x By: State of Texas ti! Jah ox r. President ss:+.xwniwM County of Harris On this ISth day of October , in the year 90 , before me Wendy W. Stuckey a notary public, personally appeared John Knox, Jr., personally known to me to be the person who executed the within instrument as President, on behalf of the corpora— tion therein named and acknowledged to me that the corporation executed It. 3,Va/Q �•,�•r, •, W �^� lL Notary Public eN 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 force and effect, GIVEN under my hand and the seal of said Company, at Houston, Texas, this 4th dayof ++August j , 19 92 Secretary CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has�been accepted,.; apprdved� and signed by the City of Denton,. t - 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: o 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. o 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 officials, agents, employees and volunteers; or, the CI - 1 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. oo 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. o 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. o 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. o 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. SPECIFIC ADDITIONAL INSURANCE REOUIREMENTSS 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: CI - 2 [X] General Liability Insurance: General Liability insurance with combined single limits of not less than 500,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. (X] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with._Jimits: of. not .less•: than, 500,000 per occurrence either; in a, single -. policy. .or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) [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 $500,000 policy limit for CI - 3 DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non -renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTUAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by,.the contractor in the referenced contract. This Certificate of _Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or ,alteration _.of:_ICity-gyred_ ,qF leased.tacil#t}� �. � jn$?1;aF►c eis t4`coy� �cl g g n�,e (where applicable and"permanentaly installed equipmenvwwith respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on . behalf of the owner. CI - 6 BID SUMMARY TOTAL BID PRICE IN WORDS Twelve Thousand Nine Hundred One and no/100 ---------------------------------------- In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. Glenn Smith P.O. Box 1781 Street Address - Denton, Texas 76202 City and State Seal & Authorization (If a Corporation) (817) 565-0114 Telephone B - 1 Wilson Street Sidewalk BID TABULATION SHEET blu Nu. Iihh PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Remove Concrete Curb and Gutter 12 LF $ 2.50(LF $ 30.00 3.3 Unclassified Excavation 300 CY $ 6.0QCY $1,800.00 8.3-A 4" Concrete Sidewalk 582 SY $ 14.85/sY $g,642.70 3.10.7 Hydromulch 725 SY $ 1.00/Sy $ 725.00 SP-2 Concrete Saw Cut 32 LF $ 3.00/LF $ 96.00 1.21 Contractor's Warranties and Understandings - - LS $ 430.05/LS $ 430.05 3:1 Preparation of Right-of-way - LS $ /LS 100.00 S 100.00 SP-39 Project Signs 2 EA $250.00 /EA $ 500.00 8.1 Barricading, Warning Signs and Detours - LS $ /LS 300.00 $ 300.00 8.3-B 6" Concrete Driveway 11 SY $ 24.75 /SY 5 272.25 SP-40 Remove Brick Sidewalk 1 EA $ 5.00 /EA $ 5.00 S / $ TOTAL $ / $12,901.00 $ / S $ / $ $ / 5 $ / $ $ / $ $ / $ r-3.10.3 Seeding 725 SY $ 1.00/SY $ 725.00 - * This item may be substituted for item 3.10.7 (Hydromulch) at the Engineer's option. P - 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor. or any of their proposed subcon- tractors. 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 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 in- structions. 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. CERTIFICATION BY BIDDER NAME AND ADDRESS OF BIDDER flncluds 2/P Canal , 1. 8idder 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. CO Yes ❑ No 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. ❑ Yes ❑ No ❑ None Required 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11248, as amended? Yes ❑ No NAME AND TITLE OF SIGNER (Pleat tyot) SIGNATURE DATE ,eoucu .on„ ..v'�25r.cu-,, wn,en n uesown HUO-ee0.1 111.781 (C-1) SAMPLE CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES Name of Prime Contractor Project Name & Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or. exceeds $10,000). _ ' (c) No segregated facilities will be maintained. Name Name & Title of Signer (Print or Type) gnature Date C-2 CONTRAC11JR Section 3 Plan Format (name of contractor) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment-(SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. *D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan includi utilization goals and the specific steps planned to accomplish these goals. *E. To insure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. F. To formally contact unions, subcontractors and trade associations to secure their cooperation fbr,this program. G. To insure that all appropriate project area business concerns are notified of pending subcontractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. *Loans, grants, contracts and subsidies for less than $10,000 will be exempt. (C - 3) J. To list on Table A, information related to subcontracts awarded for the three year period preceding date of this bid submission. K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. As officers and representatives of (Name of Contractor) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. Signature Title Signature Date Title Date (C-4) PROPOSED SUBCONTRACTS BREAKDOWN TABLE A FOR THE PERIOD COVERING 19_ through (Duration of the CDBG-Assisted Project) COLD=' 1 CCLUZZ; 2 CCU':: 3 COLC'C: G CCtC„i E OF CONT2+CT (BUSINESS OF PF.0- FESSIO:N) TOTAL :1.`iBE_R OF CO::TP.ACTS TOTAL kPPROXrATZ DOLLAR MUZU\T ESTl!(W.:D .`..U!!5E2. OF CO.,T2;.CTS TO PROJECT AREA BUST\?SSLS * ESTI:'% D DOLLAR 1J:CUM TO MojJ T AAE:.JSI::ESSFS• *The Project Area is coextensive with the City of boundaries. Company Project Name Project Number I EEO Officer (Signature) Date TABLE B ESTMATM PROJECT WOMFORCE BRE. O :':7 COL'::: 1 I CU;:_ =t 2 1 CC•_.:::: 1 COLL._(4 1 COLL7-"* JOB CATEGORY TM%1, ESTL"aTE I POSITIONS ::0. POSiTIO::s CUR- � =-LY CCCUPT-ED 9Y PEp`L4:;E:.T E':?LO':�cS + :;0. POSiTIO:S I NOT CL'77 S;—MY OCCUPIED NO. POSiTI:::S TO BE FILLED �:ZTH L.Z ?.A..+ OFFIC=RS/ SUPERVISORS PROFESSIONALS TT-C H;TI C IA:CS 130USI;:G SAL_S/ OFFICE CLERICAL SERVICE 1%*07?'.£RS OTHERS TRADE: JOUP�T:`.fE:1 HELPERS APPRE:?ICES fir-=11M NO. TRAINEES OTHERS TRADE: HELPERS Appp.E'.7IC°S TRAINS S OTHERS TROD E: JOL'C\^^:E:i H'LP'RS APPRE':TIC'S TRAINEES OT?T1'RS tOt'AL *Lower Income Project Area residents. Individuals residing within the City of whose family income does nor CMINM exceed M% of the median income in U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY NAME OF PRIME CONTRACTOR PROJECT NUMBER INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, 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 clause; and, if so, whether it has riled all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under appli- cable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION NAME AND ADDRESS OF SUBCONTRACTOR flndeda ZIP Coeur 1. Bidder hu 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 ❑ None Required 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? Cl Yes ❑ No NAME AND TITLE OF SIGNER /Phew type) SIGNATURE DATE Reol Farm HUDA238.CD-2, w ,h is ObsoWa (C - 7) HUD-0e0.2 Ill -1e1 SAMPLE PROPOSED Name of Sub Contractor Project Name & Nil er The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings(if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name & Title of Signer (Print or Type) Signature Date (C - 8) U.I.• r e 0 nwsir Ar U Aa v l0 r COMMUNITY DEVELOPMENT BLOCK GRANT ►ROC►AN CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS 1. The aderalp.ed. Irving rsocuted a c"Itact ailh the cometttctien of the shove-WentiDed project. Acknowledges that: (a) TIN Labor Stnadseds revisions are included in Ike afaesaW eentrmet; (b) Cwrectfea of may inflections of the eferafa W conditions. Including in(nctieae by any of his subconttacten and may Twee Use subcontractors, is his retpannibility; 2. He caliNea that. (a) Neither he nor say fir", partnership a association is which ht hen substantial Internet is desiptated as as Ineligible eeotnete, by the Cowptrollel General of Ike United States pnraatet to Section S.6(b) of the Regutalfaa of the Secretary of Labor. Pmrl S f-'y GFR. Pen 5)or punant to Section S(m) of the Devia.8aora Act." sst"iml 4`40 V.i.C. 776u—X& A (b) No pail of the afa ematloned calrett has tree at will be subcontracted to any subcontractor if aoeh Bob. contractor an may FMw, earpantien, peanenhip se asociatial in which such subcontrseter has a substantial Neatest is desip pled as as ineligible eatracla ponant to say of the sfarewmmilead regutatmey a statutery Provisions. S. Ne opocm to o►loia end (amend to t►o afaewesUeoed Iecipieat within ten days metal the asecuttan efaaywbcontnset. imeledipe Wean esaeated 4 his subcwUoclers and may In tier embeentraelers, a Subcoattaeter's Cartifiesi ma Concerning labor Stmedends and PaaiUsg Wage Regsireinents esocuted by tl:c subcoatmaters. d. He ts"I tes Ihatt The legal sent cad the bvsieoss adkecs of Ike eodersigaed as SS# RACE : - NI A aMeLa mwowwns Taw W.w 1 Itt • teneOnATM N 004Aw4e60 to fit STATC O► Ona.r. t ATOO. (C - 9) (d) 1Le Hanes t,d •eu,use•. alel all uhtl sutnns, 4311, ruu•d and cegerelf, he ... 9 • wbuennul uewsl m the enAe.uq•nd, end the eat." .l 11,4 +nl.rctf ve ill n... ....e•r. I. — — re.(--•---�_• •eewai. •atu.c o. lr.anf.♦ Hares, •ddrtffp ted oede clessllicsl•ens of all elhtr budding cgnsrwarsn t..reUOrs In.41" the w.dvwq,N has rera I •ou.aas I Tnaua CaesaltlCenOr rce,,..ea„r M1111MING V.i Oee...1 Ceee. Lrnen Iola. Title to. U.S.C.. smite. In new. '•vhs..n..... r•a......•... aur•. n. n.nl•anw uq an..•na in. .ewe 1. M let$...... abll be I.... mot .e . In.. a5.900 e, rinMr.onen ns, Here U••n ...• ..... er rne.^ C-10 U.S. Of ►ARTYe NT OI UOUSINC ANO URSA NOeve LOetie NT COMMUNITY DEYELO►MENT OLOCK GRANT ►RODRAM SUBCONT?ACTOR'S CEO TIFICATION CONCERNING LABOR STANDARDS AND PREVAILING TO (.Ipp,e►nnu Nrr(pratl: oaTe ..we R EN CN TS L The undersigned, laving executed a contract with enou<mr er v ruuanor the amount of S In the construction of the abuva.identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract. (b) Neither he net any firm, corpoation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of Ike United States pursuant to Section S.6(Ir) of the Regulations of the Secretary of Label, Pan S 129 CYR. putt S). or pursuant to Section 3(a) of the I:avis. I3ecen Act, as amenced (10 U.S.C. 776a-7(a)A (e) Tle part of the aforementioned contract has been or will be subcontracted to any suoeuntraetor If such subcontractor or any firm, corporation, partnership or association in which such sueeentiaetor has a substantial interval is designatN as so ineligible contractor pursuant to the aforesaid legulatery or ststutmy provisions. 2. He agrees to obtain and lerwnd to the contractor, for transmittal to the recipient, within ten days site, ine execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requue� Wants. executed by the lower tam succontractor, in duplicate. (0) The workmen will report for duty on of about air 3. me certifies that. (0) The legal Rome and the Lusiness address of the ea4ersi9ne4 air. SS# A arNel. RACE: : nlNie( sat OYN aN OnO aN(aATIeN Iae iN (c) The acme, fill, and address of the owner, partners at albtau of the unaersigned are: C-11 IQ Th. 110\11f and .Jdle\U\ OI •11 OII.N ON\M'y `rlh e•�wel 0.J e.genb, 6•.inj . wblo.lid ,.Iwof in 1hs II.JNfi/nfdf OrA -he .elure el the iuwe\I of, (I/-„ f. as MAM[ AUOnt1f McTUnl OarM♦lneeT (o) Th•iw..f, ddnu•f a•J ind• e6uifi<•N•ef d oil e1hN ►u.lding :onUrvnion tenlnNere in Thigh the •eMnitn•J Ms "Aug I .CCnCO I TM.OI CLhfsrnON.OM fbdreeneoef) all fJ:�..f...f WARNING fTp.d.Wwe and Fill*) U.L Well.ei Code. &wile 1010, Tlllo 11, V.LG. O.e.ld.e I. {..0 •Vhsoo..... suhee. pu.o. onwo. ""with" 6.7 elelwe.l. hl e-J-9 the s.ne to be 1.1.0...... bell be flnN oe/ M.. then /L000 of I.M.e..d u1 M.r. 1►r. Iw Tess. of ►elh." C-12 MU0.griJ U.S. Deportment of Housing and Urban Development CERTIFICATE OF OWNER'S ATTORNEY 1, the undersigned. the duly authorized and acting legal representative of do hereby certify as follows: I have ezaatned the attached contract(al and surety bonds and the manner of eiscution thereof, and I an oc the opinion that each of the aforesaid agreeaents has been duly ezecuted by the proper parties thereto acting through their duly authorized representatives: that said representatives have full power and authority to ezecute said agreements on behalf of the respective parties named thereon: and that the foregoing agreements conati- inte valid and legally binding obligations upon the parties *locating the east in accordance with terms, conditions and provisions thereof. Date: (CO - 1) PRODUCER FICiAT� QF :tNSU RANCE ISSUE DATE (MM O .° 05/01/92 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 Ramey King h Minnls Insurance 101 S. Locust Suite 707 Denton TX 76201- POLICIES BELOW. COMPANIES AFFORDING COVERAGE CODE SUBCODE COMPANY A Trinity 7 COMPANY B INSURED LETTER COMPANY C - Floyd Smith Concrete Contr LETTER Floyd Glenn Smith ...... P O Box 1781 COMPANY D Denton TX 76201- LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDD/YY) DATE IMMIDDNY) A GENERAL LIABILITY GLA74749/8 05/01/92 05/01/93 GENERAL AGGREGATE 1 1000000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ CLAIMS MADE X OCCUR PERSON& 8 ADV. INJURY $ 5000D0 A X OWNER'S 8 CONTRACTOR'S PROT BINDER 08/04/92 08/04/93 EACH OCCURRENCE 1 5D0000 FIRE DAMAGE (Any one fee) $ 50000 MED EXPENSE (Any one perm) S 50DO AUTOMOBILE LIABILITY COMBINED SINGLE MY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per peram) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per acc'denr) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION A WC8273085 05/01/92 05/01/93 EACH ACCIDENT S 100000 AND DISEASE - POLICY LIMIT $ 500000 EMPLOYERS' LIABILITY DISEASE - EACH EMPLOYEE $ 100000 OTHER DESCRIPTION OF OPERATIONS.00ATIONSVEHICLESSPECML ITEMS Additional Insured : City of Denton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901E Texas St. MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton TX 76201- LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY. OF ANY KIND UPON THE CO,YPANY. ITS AGENTS OR REPRESENTATIVES. :. AUTHORIZED REPRESENTATIVE ACORD ."2$tS' (77801" @AOORO: CORV.ORAMON AW _61 ALLUTATE INSURANCE COMPANY LJ ALLSTATE INDEMNITY COMPANY ❑ ALLSTATE TEXAS LLOYD'E HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFI ATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C}tg of Denton a ® as additional insured Floyd Smith Box 1781 Denton, Tx. 76201 Is to certify that policies of insurance listed below have been Issued to the Insured named above subject to the expiration date indicated below, vithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may aln. The Insurance afforded by the policies described herein Is subject to all the terms, exclusions, and conditions of such policies. TYPE OF INSURANCE AND LIMITS IMMERCIALGENERAL LIABILITY Policy Number 1171837 Effective Expiration - Date 06-10-92 Date 06-10-93 Limit ENERALAGGREGATELIMIT(OtharthanProducts— CompletedOperations) $ Amount RODUCTS — COMPLETED OPERATIONS AGGREGATE LIMIT $ RSONAL AND ADVERTISING INJURY LIMIT $ ACH OCCURRENCE LIMIT $ 1YSICAL DAMAGE LIMIT $ EDICAL EXPENSE LIMIT ANYONE LOSS RKERS'COMPENSATION6 Policy $ Effective ANY ONE PERSON PLOYERS'LIABILITY Number Date Expiration Coverage Date Limits ORKERS'COMPENSATION llowin STATUTORYEBYDISFASE States: APLOYERS' BODILY INJU S EACH ACCIDENT ABILITY BODILY INJUR $ EACH EMPLOYEE BODILY INJUR $ POLICY LIMIT OMOBILE LIABILITY Policy Effective Expiration Number. 1171837 Date 06-10-92 Date n6—T A-04 AYAUTO p OWNEDAUTOS HIREDAUTOS 3PECIFIEDAUTOS NON•OWNEDAUTOS IWNEDPRIVATE PASSENGER AUTOS BRELLA LIABILITY Policy Effective Expiration Number Date Date -.R (Show Policy Effective Expiration )f Policy) Number Date Date RIPTION OF OPERATIONS/LOCATIONS/VEHICLESIRESTRICTIONSISPECIAL ITEMS Ford F250 1FTEF25Y4EKBO4548 86 Ford F350 Ford F500 F25GK669655 ELLATION oar of days notice Id any of the above described policies be cancelled before the expiratioi entered above, written notice to the certificate holder named above. But ipon the company, Its agents or representatives. 81 Ford F250 1FDKF37L5GPA53945 1FDMF60HIBVA04181 ulftu /23aZaelativ Otls the Issuing company will endeavor to mail within the number of to mail such notice shall Impose no obligation or liability of any ,94-I,01 CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 23 day of A.D., 19 92, by and between THE CITY OF DENTON ti 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 CONSTRUCTORS 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 1 1388 - COOK COUNTY COLLEGE CONSTRUCTION in the amount of $138,636.00 (Labor $74 570.00 and Material $64 066.00) 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, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CORGAN ASSOCIATES 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 0114s i IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF D N OWNER Y (SEAL) ATTEST: 0114s CA-3 SOUTHWEST INDUSTRIAL CONTRACTORS, INC. CONTRACTOR By. J Title T.E. STANEK, PRESIDENT (SEAL) PERFORPANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( BOND NO. 382-1825 KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL i `CONSTRUCTORS INC , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and UNIVERSAL SURETY OF AMERICA , 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 CITY OF DENTON as OWNER, in the penal sum of ONE HUNDRED THIRTY EIGHT THOUSAND SIR HUNDRED THIRTY SIX AND NO/100 Dollars ($138,636.00 ) 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 23 day of JUNE , 19 92 , for the construction of BID 1 1388 - COOKE COUNTY COLLEGE CONSTRUCTION in the amount of $138 636.00 which contract is hereby referred to and made a dpart 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; PB-1 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. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed 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 anywise 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 25th day of June 1992 . SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. Principal By �j T.E. STANEK Title eeGs 1'1915:-/i/7` Address 121 Exposition Denton. Texas 76205 (SEAL) UNIVERSAL SURETY OF AMERICA Surety �ir,r tiCttiZ.ei � r1a-ZiJ/[�-�� Pauline L. Lesch Title Attorney -in -Fact Address P. 0. Box 1150 Lewisville, Texas 75067 -The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. 206 Elm St., #105, Lewisville, TX 75057 (SEAL) NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b PAYMENT BOND STATE OF TEXAS )i COUNTY OF DENTON X BOND NO. 382-1825 KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTORS INC. of the City of DENTON County of DENTON , and 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 ONE HUNDRED THIRTY EIGHT TH(1T/C AN11 (.;Tx AfTN11RFIl T{iTRT'V STx AND NO1100 Dollars (t138,636.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 23 day of JUNE , 1992 FOR BID # 1388 - COOKE COUNTY COLLEGE 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 prosection 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 Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anywise 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 WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of June , 19 92 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. Principal By T.E. STANEK Title Address 121 Exposition Denton, Texas 76205 (SEAL) UNIVERSAL SURETY OF AMERICA Surety Pauline L. Lesch Title Attorney -in -Fact Address P. 0. Box 1150 Lewisville, Texas 7�067 The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. 206 Elm St., #105, Lewisville, TX 75057 PB-4 0092b (SEAL) UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 GPA 382 1825 For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If Last Four Digits Appear In Red GENERAL POWER OF ATTORNEY — CERTIFIED COPY Knorr 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 Pauline L. Lesch Clem F. Lesch Don E. Cornell of Lewisville and State of Texas its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Ronrie not to exceed $ 000 unless such is accompanied by a letter of authority signed by the President, Secretary or Executive Vice President of universal Surety of America and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the above stated limitations, and such authority is to continue in force until June 30, 1994 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the I lth day of July, 1984. "Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company" "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation" In Witness Whereof,, Universal Surety of America has caused these presents to be signed by its President John Knox, Jr. -_ __and its corporate seal to 1x hereto affixed this 1st day of March , A.D., 19 90 ",SwE:: UNIVERSA RET A I'o' 6z By State of TexasJohn nox,' Jr. President £W; ..,i County of Harris ss: ,� On this Ist day of March , in the\year go, before me Wendy W Stuckey,_ a notary public, personally appeared John Knox Jr. ,personally known to me to be the person who executed the within instrument as President , on behalf of the corporation therein named and acknowledged to me that the corporation executed it. rm`2`QV W STUCc,�. W. .3;60 U V Notary Public 1, 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 force and effect. _ _ GIVEN under my hand and the seal of said Company, at Houston, Texas, this 25th day of June Iq 92 . Secretary COMPLAINT -NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512) 475-1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond. Any instrument issued in excess of the penalty stated above is totally void and without any validity. SALES TAX Materials which are incorporated into or becomes part of the project are exempt from sales tax. A "separated contract" will be issued by the City of Denton which separates charges for material from charges for labor. The contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales tax. A. Total Labor ....................... $ B. Total Materials ................... $ 1200.DOC ita>.... FROM fRCjiat;FiSSGC,.'kP•:HI7EC.T5 Tl-. •y,y13173514692,. P.L-t ..,' SUMM1=1) BY SOUTHWEST INDUSTRIAL CONSTRUCTORS INC. _ (Name of Bidder) 121 EXPOSITION STREET, DENTON. TEXAS _76205 (Address) - Dear Sir: The undersigned, having examined the drawings, specifications, related documents, and the sites of the proposed work, and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and equipment required for General Construction and Renovation of Lease Space for Cooke County College in accordance with the drawings and project manual prepared by Corgan Associates, Inc., Architects, for the lump sung BASE BID amount of: Note: Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. Note: The above amount does not include State of Texas Sales Tax. The undersigned affirms that the above stipulated base bid stun represents the entire cost per drawings, specifications, and addenda and that no claim will be made on account of any increase in wage scales, material prices, taxes, lnsurance, cost indexes, or any other rates affecting the construction industry and/or this project. Should the undersigned fail to deliver the signed Contract or the required Bvnds within the 10 day period, the Bid security accompanying this Bid will be forfeited to the Owner as liquidated damages. Alternates: The undersigned agrees to the following additions or deductions front the Base Bid Sum if the listed alternates itemized below are accepted by the Owner. Alternate prices include all variations in profit, overhead, bonds, insurance and similar related items, and represent the total cost to the Owner for each Alternate. 12 Aine 1992 Bid Proposal Form - 1 CAA 92029.00 JUN-15-1992 11:08 FROM CAR 653-8291 TO 18173832066 P.04 Alternate No. 1. Provide marker boards in Classrooms #201, 202, 203, 204 and 217. liaa Co case Dla me lunowmg amount: Dollars_ E Alternate No. 2. Provide millwork, rough in and sink installation in room #213. Refer 02/A3. Add to Base Bid the following amount: a 96n, IM ec;;> Alternate No. 3. Provide gas lines and gas cocks to Room #214. Refer to M.E.P. sheet. Add to Base Bid the Alternate No. 4. Extend existing millwork in Classroom #210. Refer to elevation Ol/A3. Add to Base Bid the following amount: AS ,4 -7-1 fl ✓S 4-, o f-) 4L Dollars ($ Ze , Ql). Alternate No. 5. Provide electrical outlets at classroom #204 on all walls at 48" on -center and 42" A.F.F. -"a*� �--eg;at" Ii Alternate No. 6. Provide all new 2' x 4' layin ceiling tile throughout areas -indicated on RCP Plan 2/A2 and ground floor entry corridor. Existing ceiling grid to remain, remove all wall paint and debris from existing grid. Add to Base Bid the following amount: Dollars ($—f-P F6 • °` 12 June 1992 Bid Proposal Form - 2 CAA 92029.00 JUIH'15-V:J 2 11;bb FKUM I.HH iU Idl1.,b3cnbb r.n� Alternate No. 7. Time of Completion. Substantial completion of the entire work prior to midnight August 15, 1992. Deduct from the Base Bid the following amount: Dollars ($ 1,o_ ). E Bid Security: Bid security accompanies this bid. Bid security is made payable to the City of Denton in the amount f five n rcent (5%) of the Bid suaa SLcurity shall be either a certified check, casiuex's deck orid bond by surety license in Texas. Enclosed with this proposal is bid security in the Sum of 4 a-P— � m� 15W Dollars Time of completion: The undersigned agrees to commence work under this contract within 10 days of receipt of written Notice to Proceed from the Owner, and to substantially complete the entire work for the project as follows prior to midnight August 1, 1992. Addenda: The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal. Addendum No. dated 6• t 2 -92 Addendum No. dated_ Addendum No. dated Addendum No. dated Addendum No. —dated — Attachments: The undersigned hereby acknowledges attachment to this Proposal Form a current and complete AIA Document A305 Contractor Qualification Form 12 June 1992 Bid Proposal Form - 3 CAA 92029.00 RO?1---ORGWi N3°OC. ARCHITECTS TO - 1817-3- 6G= =.G7 i JUNE 17, 1992 �a Data Signed -- Title JOI wR. ALLEN, VICE PRESIDENT Name of Firm SOUTHWEST INDUSTRIAL CQNSIRUCTORS INC. Organized as a: (Mark one) Proprietorship.— partnership Corporationv Under the law of the State Of: TEXAS Legal Address: 121 EXPOSITION STREET DPNTON TFXAC 7r9n,; -- (Date) JUNE 17, 1992 Telephone No. 817 - s 6 6 -18 9 9 If Bid is by a corporation, affix seal above address. 12 June 1992 END OF BID FORM Bid Proposal Form - 4 C A,% 92029.00 9.3.1.5 Monthly Applications for Payment shall include waivers of liens for all work included in the previous months' application for payment. Waiver of Liens for the subcontractors and materialmen shall be the total amount paid prior to the previous months' application for payment. 9.3.1.6 With each Application for Payment, Contractor shall certify that such Application for Payment represents a just estimate of cost reimbursable to the Contractor under the terms of the Contract Documents and shall also certify that there are not any Mechanics' or Materialmens' Liens outstanding at the date of this Application for Payment, that all due and payable bills with respect to the Work have been paid to date or shall be paid from the proceeds of that Application for Payment, and that there is no known basis for the filing of any Mechanics' or Materiahnens' Liens against the Surety in connection with the Work, and that waivers and bills paid affidavit forms from all subcontractors and materialmen have been or will be obtained in such form as the Owner may require. 9.5 DECISIONS TO WITHHOLD CERTIFICATION Add the following Clause 9.5.1.8 to Subparagraph 9.5.1: .8 failure to submit written plan indicating action by Contractor to regain time schedule for completion of Work within the Contract Time. 9.10 FINAL COMPLETION AND FINAL PAYMENT Add the following Clause 9.10.2.1 to Subparagraph 9.10.2: 9.10.2.1 In addition to items listed in 9.10.2 to be submitted before Final Payment will be made or remaining retainage released, Contractor shall deliver items required by Section 01700; Contract Closeout of the Project Manual. ARTICLE 11; INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 Add the following sentence to 11.1.1 Contractor's insurance shall be placed only with companies that have achieved at least an "A" rating with A.M. Best. 11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add: ,including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project. 3 June 1992 SUPPLEMENTARY CONDITIONS - 6 CAA 92029.00 pp m5,,n++r�Uc_ 2q«Jt�2n�c DyVLY 9.3.1.5 Monthly Applications for Payment shall include waivers of liens for all work included in the previous months' application for payment. Waiver of Liens for the subcontractors and materiahnen shall be the total amount paid prior to the previous months' application for payment. 9.3.1.6 With each Application for Payment, Contractor shall certify that such Application for Payment represents a just estimate of cost reimbursable to the Contractor under the terms of the Contract Documents and shall also certify that there are not any Mechanics' or Materialmens' Liens outstanding at the date of this Application for Payment, that all due and payable bills with respect to the Work have been paid to date or shall be paid from the proceeds of that Application for Payment, and that there is no known basis for the filing of any Mechanics' or Materialmens' Liens against the Surety in connection with the Work, and that waivers and bills paid affidavit forms from all subcontractors and materialmen have been or will be obtained in such form as the Owner may require. 9.5 DECISIONS TO WITHHOLD CERTIFICATION Add the following Clause 9.5.1.8 to Subparagraph 9.5.1: .8 failure to submit written plan indicating action by Contractor to regain time schedule for completion of Work within the Contract Time. 9.10 FINAL COMPLETION AND FINAL PAYMENT Add the following Clause 9.10.2.1 to Subparagraph 9.10.2: 9.10.2.1 In addition to items listed in 9.10.2 to be submitted before Final Payment will be made or remaining retainage released, Contractor shall deliver items required by Section 01700; Contract Closeout of the Project Manual. ARTICLE 11; INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABH= INSURANCE 11.1.1 Add the following sentence to 11.1.1 Contractor's insurance shall be placed only with companies that have achieved at least an "A" rating with A.M. Best. 11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add: ,including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project. 3 June 1992 SUPPLEMENTARY CONDITIONS - 6 CAA 92029.00 ron_ W5S pr.,/-(/C_ '�.Q F5.22rJGE DY�J L� 11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add: or persons or entities excluded by statute from the requirements of Clause 11.1.1.1 but required by the Contract Documents to provide the insurance required by that Clause; Add the following Clauses 11.1.1.8 and 11.1.1.9 to Subparagraph 11.1.1: 11.1.1.8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: 1. Premises Operations (including X, C and U coverage as applicable). 2. Independent Contractor's Protective. 3. Products and Completed Operations. 4. Personal Injury Liability with Employment Exclusion deleted. 5. Contractual, including specified provision for Contractor's obligation under Paragraph 3.18. 6. Owned, non -owned and hired motor vehicles. 7. Broad Form Property Damage including Completed Operations. 11.1.1.9 If the General Liability coverage is provided by a Commercial General Liability Policy on a claims -made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverage required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. Add the following Clause 11.1.2.1 to Subparagraph 11.1.2: 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Worker's Compensation: (a) State: Statutory (b) Applicable Federal: Statutory 2. Employer's Liability: $500,000 per Accident $500,000 Disease, Policy Limit $500,000 Disease, Each Employee 3. Comprehensive or Commercial General Liability (including Premises - Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage): (a) Bodily Injury: $500,000 Combined single limit each occur. $1,000,000 Combined single limit policy aggregate 3 June 1992 SUPPLEMENTARY CONDITIONS - 7 CAA 92029.00 GG�_ 1NSu 22'�C7 2L6I,/LnrCL fJN C.y SJGh ii0-1 7 /.YYJ (b) Property Damage: $500,000 Combined single limit each occur. $1,000,000 Combined single limit policy aggregate (c) Products and Completed Operations to be maintained for two years after final payment: $500,000 Aggregate (d) Property Damage Liability Insurance shall provide Y, C and U coverage. Property damage deductible not to exceed $500 per occurrence. (e) Broad Form Property Damage Coverage shall include Completed Operations. (f) Coverage to be extended to include the interests of the Architect and his consultants. 4. Contractual Liability: (a) Bodily Injury: $500,000 Each Occurrence $500,000 Aggregate (b) Property Damage: $250,000 Each Occurrence $500,000 Aggregate 5. Personal Injury, with Employment Exclusion deleted: (a) Coverage: $500,000 Each Person Aggregate $500,000 General Aggregate 6. Business Auto Liability (including owned, non -owned and hired vehicles): (a) $1,000,000 Combined single limit each occurr. 7. Umbrella Excess Liability: (a) Over Primary Insurance: $1,000,000 Each Occurrence Add the following Clauses 11.1.2.1 and 11.1.2.2 to Subparagraph 11.1.2: 11.1.2.1 Each policy of insurance listed above to be purchased and maintained by the Contractor and each certificate of insurance for said insurance shall contain a complete waiver of subrogation against Owner, Architect and Architect's Engineers. Each certificate shall also list Owner, Architect and Architect's Engineers as a party insured. The immunity of the owner shall not be defense from the insurance carrier. 11.1.2.2 Contractor shall not commence work at the site under this Contract until he obtained all required insurance and submitted appropriate certifications. 3 June 1992 SUPPLEMENTARY CONDITIONS - 8 CAA 92029.00 Add the following sentence to Paragraph 11.1.3: If this insurance is written on the Comprehensive General liability policy form, the Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 25S will be acceptable. 11.3 PROPERTY INSURANCE 11.3.1.1 Add the following sentence to Clause 11.3.1.1: The form of policy for this coverage shall be Completed Value. Delete Clause 14.3.1.4 and substitute the following: 11.3.1.4 The Contractor shall provide insurance coverage for portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also for portions of the Work in transit. 11.4 PERFORMANCE BOND AND PAYMENT BOND Delete Subparagraph 11.4.1 and substitute the following: 11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Contractor's usual source, under the conditions listed below, and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to 100 percent of the Contract Sum. 11.4.1.1 The Contractor shall deliver the required bonds to the Owner not later than three days following the date the Agreement is entered into, or if the Work is to be commenced prior thereto in response to a letter of intent, the Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. 11.4.1.2 The Contractor shall require the attorney -in -fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney, indicating the monetary limit of such power. 11.4.1.3 Provide each bond on the form provided in the Project Manual. a 11.4.1.4 No sureties will be accepted by the Owner who are now in default or delinquent on any bonds or who are interested in any litigation pending against the Owner during the term of this Contract. All bonds shall be executed by a corporate surety authorized to do business in the applicable jurisdiction of this Project. The surety upon any 3 June 1992 SUPPLEMENTARY CONDITIONS - 9 CAA 92029.00 r-po- INSUar.AXAL "Fif/&C1J0c O�Ly S;zc- pfzoAZ(-t' 2� Ramey King 6 Minnie Insurance 101 S. Locust Suite 707 Denton TX 76201- CE4 • _.r._ INSURED Southwest Industrial Consumtom Inc 121 Exposition Denton TX 76201- \iF{,14d.>!4T!!1Tl�/Far E: �oB ,csc 6.?[sxoc asx 06/25/92 .:,..,.a..o..oul�e3..R5..f :Y&�8 r° 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. ........................................... -..................................................... COMPANIES AFFORDING COVERAGE ................. COMPANY A LETTER COMPANY B LETTER New Hampshire .............. I ...... ......I ....... ... Lumbermen Mutual ............................................................................... LETTER COMPANY C Trinity COMPANY D LETTER ..................................................................... COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, _EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ................................................................................................................................................ ............................... .......... ................. CO i TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LAIRS LTR; DATE (MMO,D D" DATE A GENERAL LMBLRy TC%545201 10/01/91 10/Ol/92 GENERAL AGGREGATE :5 2000000 A X COMMERCIAL GENERAL LIABILITY TCP7545201 10/01/01 10/01/92 PRODUCTSSCOMPOP AGO. ; ................ .................t.................... 1000D00 .... ...,.....>... .... CLAIMS MADE X OCCUR. . PERSONAL S ADV. INJURY S 10DD000 C )( OWNERS 8 CCNTRACTORII PROT. BINDER 03/23/92 09/23/92 :........: EACH OCCURRENCE is :........................... 1000000 A X 'BROAD FORM CONTRACTUAL .................................... FIRE DAMAGE (Any ana fire) is 50000 ... .: ... ......... :.. .. .. .....;.... MED. EXPENSE (Anyone pereon):S .. _ SOOD B AUTOMOBILE LMBLRV BAIT 545200 10/01/91 10/01/92 COMBINED SINGLE .$ 1000000 ANY AUTO ' ;LIMIT ..............:.................. .. .. .. . ALL OWNED AUTOS ._...._..._..._ BODILY INJURY SCHEDULED AUTOS '(Per person) HIRED AUTOS : BODILY INJURY .NON -OWNED AUTOS .. :(Per accdenry :................................... ... . ... .. .. GARAGE LIABILITY PROPERTY DAMAGE :S B EXCESS Lwmm UL3270390 10/01/91 10/01/92 :EACH OCCURRENCE s 1000000 X UMBRELLA FORM i AGGREGATE 'S 1000000 :.... ................... ....... ...... .. ..........._„...... .. OTHER THAN UMBRELLA FORM .... STATUTORY LIMITS. . .� I WORKER'S COMPENSATION ; A 3BA011087-00 10/01/91 10/01/92 ` EACH ACCIDENT :i 500000 AND i DISEASE - POLICY LIMIT :S 500000 EMPLOYERS LIASAM . — - ......................... ........................ DISEASE -EACH EMPLOYEE :$ 500000 OTHER A INLAND MARINE SPF1410M 10/01/92 10/01/93 DESCRIPTION OF OPERATONSLOCATONSNEHOLESSPECIAL HEMS .. ... .. .... . BTDFI3SS-Cook County College Construction SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO lxDSeLpL`F:: 70 9POPurchasing B MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton TX 76201- LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS I GETS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE -(A _