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HomeMy WebLinkAbout2002-135ORDINANCE NO. o%OO�- �3✓� AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MISCELLANEOUS CONCRETE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2824- ANNUAL CONTRACT CONCRETE WORK AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE ESTIMATED AMOUNT OF $1,400,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the 'Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2824 All Floyd Smith Concrete, hic. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 10 day of , 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY m APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORI EXHIBIT A BID #2824 ANNUAL CONTRACT CONCRETE WORK ITEM DESCRIPTION OTY UNIT VENDOR ............ ........ .............. ....... . . . FLOYD SMITH CONCRETE SECTION 8.2.1 DOWEL -ON INTEGRAL (WITH FIBERS) 1 LF $7.00 8.2-A CONCRETE CURB & GUTTER A. 0' TO 250' 2876 LF $8.35 B. 250' TO 1000' 1162 LF $8.35 C. 1001, -UP 8320 LF $7.60 8.2-A.1 CONCRETE CURB & GUTTER (WITH FIBERS) A. 0' TO 250' 2876 LF $8.85 B. 251'TO 1000' 1162 LF $8.85 C. 1001'TO 5000 5000 LF $8.10 D. 5001 - UP 5000 LF $8.10 8.2.A-2.1 30" SURMOUTABLE CURB/FILTERS 100 LF $11.85 8.3.1 6" CONCRETE/DRIVEWAY/FIBERS A. 0 TO 50 SQ. YARDS 2000 SY $32.85 B. 51 TO 100 SQUARE YARDS 1000 SY $32.85 C. 101 TO 500 SQUARE YARDS 1000 SY $31.60 8.3-A.1 4" CONCRETE SIDEWALK/FIBERS A. 0 TO 50 SQ. YARDS 100 SY $29.70 B. 51 TO 100 SQUARE YARDS 100 SY $29.70 C. 101 TO 500 SQUARE YARDS 50 SY $28.70 I D. 501 TO 1000 SQUARE YARDS 50 SY $27.50 8.3-A.2 4" CONCRETE SIDEWALK BEHIND DRIVEWAY A. 0 TO 50 SQ. YARDS 100 SY $28.80 B. 51 TO 100 SQUARE YARDS 100 SY $28.80 EXHIBIT A ITEM DESCRIPTION CITY UNIT VENDOR C. 101 TO 500 SQUARE YARDS 50 SY $27.80 D. 501 TO 1000 SQUARE YARDS 50 SY $27.80 8.4 CONCRETE MEDIANS 1 SY $27.00 8.6 CONCRETE STEPS 10 SF $10.50 8.15 CONCRETE RIP -RAP AND DRAINAGE FLUMES 5000 SY $31.00 SP-1 SAW CUT (EXISTING ASPHALT) 500 LF $1.50 SP-2 SAW CUT (EXISTING CONCRETE) 625 LF $3.00 SP-3 STRUCTURAL CONCRETE (CLASS A) 500 CY $365.00 SP-4 CONCRETE FOR LIGHT STANDARD BASES 0-50 CY $365.00 SP-6A CONCRETE FOR TRAFFICE CONTROLLER 2 EA $365.00 SP-7 CONCRETE PADS FOR SPAN SHELTERS 5 SY $36.00 SP-8 WATER SERVICE ADJUSTMENTS 10 EA $250.00 SP-9 MISC. SPRINKLER SYSTEM ADJUSTMENTS 10 LS $250.00 TOTAL AWARD OF THIS BID WILL BE BASED ON BIDS OF ESTIMATED QUANTITIES 2.11.5 RNG AND COVER (INLETS 24" LOCKING 124C) 25 EA $200.00 3-A REMOVE CONCRETE PAVEMENT 180 SY $16.20 3-13 REMOVE CONCRETE CURB & GUTTER 1000 LF $6.00 3-C REMOVE CONCRETE DRIVEWAY & SIDEWALK 1000 SY $16.20 3.3 UNCLASSIFIED EXCAVATION 500 CY $12.00 3.7 COMPACTED FILL/EMBARKMENT 500 SY $20.00 3.9 SOD 500 SY $7.50 5 7 B 2' ASPHALT PAVE (TYPE D PATCH MATERIAL 500 SY $75.00 C. 101 TO 500 SQUARE YARDS 1000 SY $0 5.8-A-2 4' CONCRETE FLATWORK (COLORED/TEXTURED) EXHIBIT A ITEM DESCRIPTION QTY UNIT VENDOR A. 0 TO 100 SQUARE YARDS 559 SY $65.00 B. 101 TO 500 SQUARE YARDS 1000 SY $62.00 C. 501 TO UP 1000 SY $60.00 5 8 A 6" CONCRETE PAVEMENT (RADIUS, ETC. WITH FIBERS A. 0 TO 50 SQUARE YARDS 1000 SY $32.85 B. 51 TO 100 SQUARE YARDS 1000 SY $32.85 C. 101 TO 500 SQUARE YARDS 1490 SY $31.60 D. 500 TO 1000 SQUARE YARDS 2500 SY $29.25 5.8-B.1 8" CONCRETE PAVEMENT (RADIUS, ETC. WITH FIBERS) A. 0 TO 50 SQUARE YARDS 10 SY $37.80 B. 51 TO 100 SQUARE YARDS 10 SY $37.80 C. 101 TO 500 SQUARE YARDS 500 SY $36.35 6.2.10C ONE SACK CONCRETE BACKFILL 0-500 CY $49.50 6.7.2-A ADJUST MANHOLE & INLETS 10 EA $550.00 7.4.5-1 TYPE A HEADWALLS (15" to 36" PER PIPE) 10 LS $1,050.00 7.4.5-1A TYPE A HEADWALLS (39" TO 72" PER PIPE) 10 LS $3,150.00 7.4.5-2 TYPE B HEADWALLS (15" TO 36" PER PIPE) 10 LS $1.150.00 7.4.5-2A TYPE B HEADWALLS (39" TO 72" PER PIPE) 10 LS $3,250.00 7.6.A-1 4' ID MANHOLE (0 TO 6" DEPTH) 10 EA $1,300.00 7.6.A-1(1) EXTRA DEPTH 1 VF $100.00 7.6.A-2 5' X 5" JUNCTION BOX (0' TO 6" DEPTH) 20 EA $1,600.00 7.6.A-2 (1) EXTRA DEPTH 1 VF $100.00 7.6.A-5 10' INLET (0' TO 6' DEPTH) 10 EA $1,850.00 7.6.A-5 (1) EXTRA DEPTH 1 VF $150.00 7.6.A-6 15' INLET (0' TO 6' DEPTH) 10 EA $2,750.00 7.6.A-6(1) EXTRA DEPTH 1 VF $300.00 7.6.A-7 REBUILT INLET (REMOVE & REPLACE TOP EXHIBIT A ITEM, DESCRIPTION QTY UNIT VENDOR A.4'INLET 10 EA $700.00 B. 6' INLET 5 . EA $750.00 C. 8" INLET 5 EA $800.00 D. 10' INLET 1 EA $850.00 7.6.A-8 REBUILT EXISTING INLET (SPECIAL) A. 4' INLET 1 EA $1,500.00 B. 6' INLET 1 EA $1,600.00 C. 8' INLET 1 EA $1,800.00 D. 10' INLET 1 EA $2,000.00 8.1 BARRICADES, WARNING SIGNS & DETOURS 43 LS $275.00 8.2 DOWEL -ON INTEGRAL CURB 259 LF $6.00 8.3 WHEEL CHAIR RAMP A. WHEEL CHAIR RAMP (ALL WITH PAINT & GROOVE) DIRECT 1 EA $700.00 B. WHEEL CHAIR RAMP FLAIR 1 EA $830.00 C. WHEEL CHAIR RAMP SPECIAL 1 EA $830.00 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 14' day of May A.D., 2002, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Floyd Smith Concrete, Inc. PO Box 1781 Denton. TX 76202 of the City of Denton, County of Denton and State of Texas , hereinafter termed "CONTRACTOR. " Bid 2824 - Concrete Work not to exceed $500,000.00 aggregate at any time. 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: �1' 11 .1. , ATTEST: APPROVED AS TO FORM: /J0 /o`f 612Li" CITY ATTORNEY .r vTi, i afN (NhAL) Floyd Smith Concrete Inc. CONTRACTOR P.O. Box 1781 Denton, TX 76202 MAILING ADDRESS 940-565-0114 PHONE NUMBER 940-565-0114 FAX NUMBER BY: V a L President Floyd Smith NEW PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Floyd Smith Concrete, Inc. whose address i , P O Box n8l, Denton TX 76202 hereinafter called Principal, and, l&44 0 " c, a corporation organized and existing under the laws of de State of 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 Five Hundred Thousand and 0/100 DOLLARS ($ 500,000) of 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 2002-135 , with the City of Denton, the Owner, dated the le day of May A.D. 2002, a copy of which is hereto attached and made a part hereof, for Bid #2824 Concrete Work not to exceed $500,00 per specification. This bid is for an annual price agreement for concrete. No one job is expected to go above $500,000. If it does, the successful vendor will be responsible for acquiring additional bonding if aggregate jobs are in excess of $500,00.00. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $500,00 (Five Hundred Thousand Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $500,000 (Five Hundred Thousand Dollars). 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 one (1) year 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. IIM 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 copies, each one of which shall be deemed an original, this the a& —day of i' , 20o -I ATTEST: SECRETARY PRINCIPAL Smith Concrete Inc. ATTEST• SURETY BY: -Z""S UAJ1114C.5fik-�,eE; /�� BY: (,Q,� O EY-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: ) C5 1 �J, aFl/V7-ON, 6K 7�,,i4- (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That, Floyd Smith Concrete, Inc. whose address PO Bo1 1781 Denton TX 76202 hereinafter called Principal, and Oi�/�,� a corporation organized and existing under the laws of t1fe State of TiAGco 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 Five Hundred Thousand and 0/100 DOLLARS ($500,000) 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. 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 2002-135 , with the City of Denton, the Owner, dated the 14' day of May A.D. 2002, a copy of which is hereto attached and made a part hereof, for Bid #2824 Concrete Work. This bid is for an annual price agreement for concrete. No one job is expected to go above $500,000. If it does, the successful vendor must increase his bond to that amount. Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY BOND in the amount of $500,00 (Five Hundred Thousand Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for $500,000 (Five Hundred Thousand Dollars). 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. lam 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 xecuted in l copies, each one of which shall be deemed an original, this the LKk_ day of , Zoo.2.. ATTEST: BY: -J�) SECRETARY IM 1091M)l7\q Floyd Smith Concrete Inc. BY: ,,i S PRESIDE SURETY (,1,Jll/AgSH.t. Chi &Ty OF ! M,/-,,E'K'A BY: 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: 0C ? cS. & (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 UNIVERSAL SURETY OF AMERICA P.O. Box 1068 • Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Agency Information GPA# 4216179 060985185 RAMEY & KING INSURANCE Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint . CATHY MILLER JAMES E. KING JEFF P. KING of DENTON and State of TEXAS its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - in unlimited amounts - 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 stated limitations, and such authority . is to continue in force until 11 / 15 / 2005 . 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 1Ith day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power 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, Robert E. Ayo, and its corporate seal to be hereto affixed this 31st day of December, A.D., 1999. ypRETy ° UNIVERSAL ETY OF CA 19 84 A Z 7Exns yn Robert E. yo President State of Texas ss County of Harris On this 31st day of December, in the year of 1999, before me Pamela J. Scullion, a notary public, personally appeared Robert E. Ayo, personally known to me to be the person who executed the within instrument as President, on behalf of the corporation herein named and acknowledged to me that the corporation executed it. VE PAMELA J. SCULLION MYCOMMISSION EXPIRES July 12, 2003 l Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a fall, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify at the said Power of Attorney is still in effect. GIVEN qunder my hand and the seal of said company, at Houston, Texas, this jday of v Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. Fom F60e2 For verification of the authority of this power you may telephone (713) 722-4600. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A . • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its 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 IO 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. 0 Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 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 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the 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. Bid 2824 - Annual Contract Concrete Work PRODUCER: THE WOOLVERTON AGENCY Jim Woolverton, AAI, CIC, LUTCF PO BOX Iasi Denton, Texas 76202 (940) 3824031 ST: 33 DIST: 21 AGENT: 322 INSURED: FLOYD SMITH CONCRETE, INC Nmw PO BOX 1781 Adaf..n DENTON, TX 76202 Lom A TRUCK INSURANCE EXCHANGE 00WANY unel B FARMERS INSURANCE EXCHANGE COMPANY Le w C M106CENTURY INSURANCE COMPANY ICOMPANY D TEXAS FARMERS COUNTY MUTUAL INS. C CDRIPANY E L,� COVERAGES THE TO CeQRY THAT TIC POIIIOM OF MIOYI =IMTM M.OIO HIM O•t1 mom TO TM OMIN® NNE MOM I= TM► UCY PORIOO OmMAT®, NOT WNIETMmU10 MY Ite"MEW. TWO OR COWnM OF ANY CONTMCT OR MM DOC MW WITH RMPOCT TO WHICH TTOO CCITT MATO MY M ENMD OR MY P WM^ THE DOWArO IIIWORO® W TM POUC M OOOCMW FINISH! E SWIJWr TO PILL THE TEUM m6CWCOM MC wMITHOIW OF OUON POtLCM I == WOW MY MM MCI RMUCEI BY ►NDCLACLL 00 LTR I TYROPOHOIOMNCE POUOY 't. NUIEEt �E':�nir GENERAL LU181LITY COMMERCIAL GENERAL LIABILITY - OCCURENCE VERSION CONTRACTUAL - INCIDENTAL ONLY OWNERS AND CONTRACTORS PROTECTION SCHEDULEDAUTOS 106917 27 12 D I HIRED a NON -OWNED X AUTOS GARAGE LV,SILITY UMBRELLA LIABILITY VIORKERS COMPENSATION AND EMPLOYERS' LIABILITY GENERAL AGGREGATE 3 OM OPS AGGREGATE III ONE FIRE mum EXPENSES CAW t ONE PERSON 1,000,000 t s s s `M)TKI'f'VGF(FMiS�XTTUFFYSSUED IN FAVOR OF CERTIFICATE HOLDER AS PER WRITTEN CONTRACT. "SAID POLICY SHALL NOT BE CANCELLED, NON -RENEWED OR MATERIALLY CHANGED WITHOUT 30 DAYS ADVANCE WRITTEN NOTICE BEING GIVEN THE OWNER, EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NON-PAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS IS REQUIRED. CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCE1 ATION aH=a MY OF TM MmM OWICRe® POUCM W CANCZUM OCORO THE EPIRATION DATE NWW CITY OF DENTON TIMMW TM Nunn OMWAY WILL W&'WAR. 0 DAYS WMnM MM= TO TM a PURCHASING DEPARTMENT cwmwwa mum wWampaxx Ad°°" 901-B TEXAS STREET DENTON, TX 76201 ACORD„, CERTIFICATE OF LIABILITY INSURANCE °"'�'M"�°"Y PRODUCER (940) 382-9691 FAX (940)243-1OSO Ramey & King Insurance b30 South I-35E, Suite A Denton, TX 76205-7829 _ THIS CERTIFICATE 15 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 INSURED Floyd Smith Concrete, Inc. P.O. Box 1781 Denton, Tx. 76201 INSURER A , _ - INSURERS: exas utua ns. om an INSURER C: INsuRERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITH$TANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY UPIRATION VOODOO LIMITS A GENERALLABILITY x COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑OCCUR TXP1040046 9/28/02 9/28/03 EACH OCCURRENCE i 1,000,000 FIRE DAMAGE (My " M) S MEDW(My mep�) f PERSONAL SADV INJURY i 1, GENERAL AGGREGATE f GENL AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY JE PRODUCTS-COMPIOP AGG S 2, AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOULEDAUTDS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (E.*WdanO f -BODILY INJURY (Per P.'w) S BODILY INJURY (Pw.addwt) f PROPERTY DAMAGE (PW wda q S GARAOE LIABIIDY ANY AUTO AUTO ONLY -EA ACCIDENT S OTHER THAN EAACC AUTO ONLY: AGO t $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE S S S S F�011B1 ouASLI ITY"O"AND TSF0001082227 9/28/02 9/28/03 —MTB TORYLIMITS ER EACH ACCIDENT __q_ _ f E.L. DISEASE EA, EMPLOYE E.L. DISEASE POLICY LIMB f OTHER DRSCIIIPTJQiT,QPjE,Q'rSILOCATIONBNEHICLENEXCLUSIONSADDED BY ENDORSEMENTISPECAL PROVISIONS Certificate is Shown as additional insured and Waiver of subrogation on the Workers Compensation in favor of the certificate holder CANCELLATION City of Denton Attn: Denise 901B Texas Denton, Tx. 76201 case for 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.