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HomeMy WebLinkAbout2007-140ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF SIDEWALKS ON CARROLL BOULEVARD; ,- PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3795-CARROLL BOULEVARD SIDEWALKS AWARDED TO FLOYD-, SMITH CONCRETE IN THE AMOUNT OF $109,873). 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 1. 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: C 1b NUMBER CONTRACTOR AMOUNT 3795 Floyd Smith Concrete $109,873 SECTION 2. 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 3. 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 4. 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ///a day of ,2007. �l PERRI . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: . 0ffi')JQ-Jj2i�- APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORI 379 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 17"' day of July A.D., 2007, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Floyd Smith Concrete Inc Denton TX 76202 of the City of Denton, County of Denton and State of Texas hereinafter termed "CONTRACTOR." Bid 3795— Carroll Boulevard Sidewalks 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 in each delivery order 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. CHOICE OF LAW AND VENUE This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: i, 111,E l' N,...;'�.Li/i ATTEST: l/� CITY ATTO EY OWN BY: (SEAL) 0! G 5[m iA CDAO—IeA-eTro— pp CONTRACTOR P. 0. PJoV- 14e/ I�eu��-Bh, Ty 7�.201. CA-3 MAILING ADDRESS CI 5-6S-- 0i / �(- PHONE NUMBER 9y-0 - S'(OS7-- o// PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Floyd Smith Concrete, Ina✓ whose address is, P O Box 1781, Denton TX 76202 hereinafter called Principal, and, _ , x Y 4- Q('._�mA aw p Clyyoana corporation organized and existing under the laws of the State of —fek06 , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of One Hundred Nine Thousand Eight Hundred Seventy Three and 0/100-6OLLARS 109 873) 151 the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2007-140 , with the City of Denton, the Owner, dated the 17a' day of July A.D. 20070a c9py of which is hereto attached and made a part hereof, for Bid #3795-Carroll Boulevard Sidewalks ✓ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. am � �00' PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies each one of which shall be deemed an original, this the��day of _. 1 I ATTEST: PRINCIPAL Flotid SNn eovo ire.Ae fvto_ . BY:_� SECRETARY BY: P SIDENT ATTEST: SURETY Y6 l yLLTan(e ) BY: BY: T Y-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis: [� NAME: STREET ADDRESS: S'10 lki 1 -35' L (NOTE: Date of performance Bond must be date of Contract. if Resident Agent is not a corporation, give a person's name.) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That, Floyd Smith Concrete, Inc.✓ whose address is PO Box 1781, Denton, TX 76202 hereinafter called Principal, and ' t)u 4W. k6,1 ilni.g(,Dcc.�trAnk j✓ , a corporation organized and existing under the laws of the State of TP k 1, S , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of One Hundred Nine Thousand Eight Hundred Seventy Three and 0/100v6OLLARS ($109,873yi lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2007-140 , with the City of Denton, the Owner, dated the 17a' day of July A.D. 2007, a�copy of which is hereto attached and made a part hereof, for Bid #3795-Carroll Boulevard Sidewalks NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. I' C ' M��M AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copie teach one of which shall be deemed an original, this the i }NNay of 51A U 9CO-7 ATTEST: BY: SECRETARY ATTEST: BY: PRINCIPAL Flo ti d 5 BY: f PRESID NT SURETY 5( kY PC- I�WWXf—Ca-y-NPMA ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: � NC t 0 J t ' 3 S (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-4 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, ifso 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 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 read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". 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. 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 $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCL)) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [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 I in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The 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 "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. ATTACHMENT [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 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. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (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. Project Name . Carroll Boulevard Sidewalks Carroll Base Bid BID TABULATION SHEET Work Days 60 Bid No. 3795 P.O. No. Item Description I Quantity I Unit.1 Unit Price Total 103.1 Contractors Warranties and Understandings 1 I LS $1. Z$ g qLS $ a ?oIYA Unit Price In Words TWO "o e u.kA rM +d °O io0 dV 203.3-A Remove Concrete Sidewalk and Driveway 230 1 SY Is e20 !2� SY Is Unit Price In Words rwen "ta Oo /OO do 11ap,5 203.4 Unclassified Street Excavation 1 360 CY Is Q 00/ CY $ 20 Unit Price In Words (crl,erl '`Lr Oo /00 Q✓5 203.7 Compacted Fill 1 90 1 CY is S` CY is ad$ Unit Price In WordsTW P- g1:6 -�t'V'6 4vt 00 1 oo 4 b I I a r5 SP-100 Concrete Retaining Wall 850 SF is JO Se/ SF - $ J?,610 Unit Price In Words -re-VI a4li Jo/Co 61o ((Q r 5 201 Temporary Erosion Control 1 2450 1 LF $ 5-0 / LF Is 4,220 Unit Price In Words 5'D 00 GI 0 ((Qf 5 305.1 Concrete Curb & Gutter 1 0 1 LF $ Soo / LF $ Unit Price In Words - 2rt Qk& 00 /o0 dollars 305.2-A Concrete Driveway Approach 6" Thick 1 75 1 SY Is 46 °4 SY Is 8.W014 Unit Price In Words fA Oo /o0 AoI14 r5 305.2-B 4" Concrete Sidewalk 1290 SY $ 32 SY $ Unit Price In Words A Se p fit(. 50I/00 C10l r - 305.2-C 4" Concrete Sidewalk Curb Return Ramp (Type 1) 11 1 EA $ 500?-EA,/ $ -- Unit Price In Words ^(rn � ,e -PI- OD oO o 114f5C7 305.2-C 4" Concrete Sidewalk Curb Return Ramp (Type 3) Unit Price lnWords ti4-een LL#%Jr dfi-Phl %pOgtoIlar-5 801 Barricades, Warning SignsandDetours 1 LS $ S p°-� LS Is Unit Price In Words -t ,ert �A,, M d IkA " Do Ao (i,Q r 5 203.3-B Remove Concrete Curb & Gutter 40 1 LF $ LF Is 40,00A Unit Price In Words 7pN "",Vet oo /Oo O ��QrS 107.20. Project Signs 2 EA IS g cg EA IS CDO Unit Price In Words e Ikd BO i00doudirs 203.3 Preparation of Right of Way I LS $ °-7-L$ $ p - Unit Price In Words ne 41ko vA act 00 /00- QrS "W115 1A P-3 Project Name Carroll Boulevard Sidewalks Carroll Base Bid BID TABULATION SHEET Work Days 60 Bid No. 3795 P.O. No. Item Description I Quantity I'Unitl nit Price Total SP-15 Water Valve Box Adjustment Adjustment 1 3 1 EA $ 0-0/ EA $ 15,043 Unit PriceIn Words 4f' DO /p0 0 f5 SP-101 Remove Parking Lot Curb 1 100 1 LF $ /Q 9W LF IS 10490 Unit Price In Words 0D /00 d o 11 ctrs SP-102 Parking Lot Curb 100 LF $ 00� LF $ 1,5',OOOA Unit Price In Words 61Ce e 'ket no0 do I lavrs 202.5 Block Sod 550 SY $ -11-9/ SY Is / Unit Price In Words Sevze% 4"� 50 /00 0l QrS SUBTOTAL BASE BID/Oqr �%30 P-4 t=1 ; *we KNOW ALL MEN BY THESE PRESENTS, that we Floyd Smith Concrete. Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Denton as obligee, hereinafter called the Obligee, in the sum of One hundred fifteen thousand and no/100 ($115.000.00) Percent (5 %) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Carroll Blvd Sidewalks_ NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 5th day of June.2007 BY: jUM4 i SureTec Insurance Company 3Y: P. kt✓ Attome n-Fact eon a: 4221256 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Ali Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey P. King, Becky McKnight of Denton , Texas 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 any and all bonds, recognizances,.undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Seven Hundred Fifty Thousand and no/100 Dollars ($750,000.00) 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 Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until December 31, 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. SURpyC �TEC FS'UItANCE COMPANY By: State of Texas ss: County of Harris On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that heknows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his time thereto by like order. - Michelle Denny NoteYRtl18C btatea>hxas Ir�I( Vi21(2 t%CyLVL My lAmmhslon Expires Michelle Denny, Notary Piriblic August 27, 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this nBea 20�A.D. i ntSect Any instrument Issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. POA a: 4221256 SurerTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint � Jeffrey P. King;Becky McKnight of Denton , Texas 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 any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Seven Hundred Fifty Thousand and no/100 Dollars (S750,000.00) r/ 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 Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until December 31, 2007 ,-and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with lull power and authority to appoint any one or more suitable persons as Attomey(s)-in-Pact to represent and act for and on behalf of the Company subject lathe following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e ojApril, 1999) /n Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. tii,"y �, � TEC I IS°URANCE COMPANY By. t to B.J. Ki g, reside [ State of Texas ss: ?b�, " 1 County of Hais , On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston; Texas, that he is President of-SURETEC INSURANCE COMPANY, the company described in laid which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Hoard of Directors of said Company; and that he signed his name thereto by like order. / Michelle Denny ✓ �tP"� Notary Puft I Efate of Texas Y I w au, I x.Vtn'l „tam MN Cominbsio t F.lifiires Michelle Denny, Notary P tic 'August 27, 2008 My commission expires August 27, 2008 I, M. Drem Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing'is a true and correct copy of a flower of Attorney, executed by.said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. i Given under my hand and the seal of said Company at Houston, Texas this nY t"BrentBea , 20 �, A.D. I ListantSec tarry Any instrument issued in excess of the penalty st ted above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. �QRD CERTIFICATE OF LIABILITY INSURANCE 08/02/2007 PRODUCER (940)382-9691 FAX Ramey & King Insurance 510 North I-35 E Denton, TX 76205 Nicole Green (940)243-1050 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. INSURERS AFFORDING COVERAGE NAIL# INSURED Floyd Smith Concrete, Inc P.O. Box 1781 Denton, TX 76202-1781 r' Cho C \� / � "'l1 INSURERA. Trinity Universal 19887 INSURERB. Texas Mutual Ins. Co. TXMUT INSURERC Unitrin 29351 INSURER D. INSURER E COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II TR DD' TYPE OF INSUR E POLICY NUMBER LICYEFFECT'VE 09/28/2006 POLICY EXPIRATION LIMITS GENERAL LIABILITY CAP0006970-01 09/28/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TORENTED ticin PREMISESS 100,000 CLAIMS MADE FX1 MEG EX? (Any one person) S 5,000 A PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMWOP AGO S 2,060,000 POLICY.0 PRJECO- T M LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea awitlent) S ALL ONMED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) S HIRED AUTOS NON-0MMED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC E ANYAUTO S A UTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S • g DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND TSF000108222 09/28/2006 09/28/2007 WC STAT U' OTH- B EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER,EXEQJTIVE E.L. EACH ACOIOENT S 100,000 E.L. DISEASE - EA EMPLOY S SO0,000 OFFICEIRMEMBER EXCLUDED' If yes, describe under SPECIAL PROVISIONS beoYr E.L. DISEASE -POLICY LIMIT S 100, 000 OTHER CAP000426401 07/23/2006 07/23/2007 $50k/Item $10OK/Occurrence C $500 Deductible DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIO Bid #: 3795, project description: Carroll Boulevard Sidewalks �a� Zity of Denton is listed as an Additional Insured with respects to General Liability Coverage aiver of Subrogation is in place on the Workers Comp policy in favor of the City of Denton: City of Denton 901E Texas Street Denton, TX 76205 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 --DAS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESUPIATIVE F M ACORD 25 (2001108) - OACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Additional Coverages and Factors 12/13/2006 Line of Business Coverages for General Liability Coverage Limits Ded/Ded Type General Aggregate 2,000,000 Products/Completed Ops 2,000,000 Aggregate Personal & Advertising 1,000,000 Injury Each Occurrence 1,000,000 Fire Damage 100,000 Medical Expense 5,000 Line of Business Coverages for Workers Compensation Coverage Limits Ded/Ded Type Adjst. to reconcile-exp mod. premium Premium discount WC & Employer's liability 100,000/100,000/ 500,000 Expense constant Rate .Premium Factor Rate Premium Factor -7,852.00 0.72000 -1,272.00 6.30000 150.00 08/30/2007 13:16 9404379504 STAR H INSURANCE PAGE 02/02 ACORD,„ CERTIFICATE OF LIABILITY INSURANCE I8N/16 "" PRODUCER.al)1 Ins Agency Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 901 S Elm HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton, TX 76201 INSURERS AFFORDING COVERAGE I NAIC B I INSURED PO Box 1781 Denton, TX 76201 COVERAGES HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NONJITHS-rANDING THE POLICIES OF INSURANCE LISTED SCLOW CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED SYTHE POLICIES POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PUOUF FF'EC m FDLWY EXPIRATION LIMITS INSR pp' POLICY NUNBER EACH OCCURRENCE 9 GENERALUARILITY $ COML12RCIAL GENERAL LIABILITY RREMISES (EA �DII^^u!J F MED EXP NAM 0"preen $ CLAIMS MADE OCCUR PERSONAL& ADV INJURY S —'--- ORNERALAGOREGATE $ — PRODUCTS-Ca&P/OPAGG $ GFN'L AGGREOATE LIMIT APPLIES PER! POLICY PRO- IOC AUTOMOBILELIARILITY COMBINED SINGLE LIMIT $11000,000 ANYAUTO / 05/15/07 05/15/08 BODILY INJURY ALLOWNEDAUTGS✓ IG6888928� (Perp�an) S SCHEDULED AUTOS HIPEGAUTOS BODILY INJURY (pr. ncrJdent) $ - NO-OWNF.OAUTOS PROPERTY DAMAGE $ (Pcr nccIdnnt) ... AUTOONLV,EA ACODENT $ DMNAGELIAUILITY EA ACC $ ANY AUTO OTHER THAN AUTO ONLY: AGG S EACH OCCURRENCE $ EXCEOMMORELLA LIARIUTY - - S OCCUR CLAIMS MADE AOQREGATE HDEDUCTIOLF - S RETENTION S WC STAR- OTH- ORY11IdQ� WORKERS COMPENSATION AND E.L. EACH ACCIDENT S EMnOYFRS'LIAMILITY ANY PROPRIETORIPARTNERIEXFCUTIVE EA.OIEEASE-EAEMPLOYEE S OFFICERCAEMBERLXCLVDEW Iryy n, BAeulOe under F,L DISEASE -POLICY LIMIT S SPECIAL PROV &IONS PAT. OTHER OZSMWTTON OF OPERATIONS I LOCATIONS/ VEHICLES/ Ut: W MMS ADDED RY ENOORSENPNTI9PECVIL PRONSION9 Sidewalks / CaiToll Blvd — nA uref I ATInM City of Denton Bid #3795 901-13 Texas St Denton, TX 76201 SHOULD ANYOFTHE ABOVE oEBCRIREDPOLICIEE SE CANCELLED REFOREE RATION DATE THEREOF, THE ISSUING INSURER WILL ZNDEAVOR TO MAIL 30 DAYS WWTIEN NOTICE TO THE CERTIFICATE HOLDER RAW, TO THE LER, BUT FAILURE TO BO GO SHALL IRPOSR NO OBLIGATION OR LIABILITY OF ANY KIND UPON THD INSURER. ITS AGENTS OR pUTHORI2P0 REPRESEN Inlrvk Jenifer Ingrain (2001/08)