The URL can be used to link to this page

Home My WebLink About2001-289ORDINANCE NO JZ , q AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION FOR CONCRETE FLATWORK FOR COOPER CREEK REGIONAL DETENTION POND #1, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2700 —CONCRETE FLATWORK FOR COOPER CREEK REGIONAL DETENTION POND #1, AWARDED TO FLOYD SMITH CONCRETE, INC, DENTON, TX, IN THE AMOUNT OF $279,051 58 ) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2700 Floyd Smith Concrete, Inc $279,051 58 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval q1�6�t�00/ PASSED AND APPROVED this the � . day off &j" tX- �`"' EUL NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY " 4"'j' APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY m 2700 - CONT ,kCTVAL ORDINANCE ATTACHMENT TABULATION SHEET BID # 2700 Date 7/26/01 r'nnerata PIntvvnrk fnr Cnnner Creek Realonal Dententlon Pond # 1 No I Otv I Unit DESCRIPTION VENDOR VENDOR VENDOR Floyd Smith Seneca Corp Earth Builders Principle Place of Business Denton, TX Denton, TX Denton, TX 1 1450 SY Concrete Diversion Channel $ 45,675 00 $ 71,050 00 $ 87,000 00 2 26 Cy Cotcrete Retaining Wall $ 12,586 08 $ 15,600 00 $ 22,100 00 3 2450 SY Concrete Pilot Channel $ 78,277 50 $ 105,350 00 $ 110,250 00 4 1400 SY Concrete Overflow Flume $ 40,320 00 $ 65,800 00 $ 79,800 00 rJ 100 SY Concrete Slope Flumes $ 2,79000 $ 4,70000 $ 5,200 00 6 370 SY Concrete Maintenance Ramps $ 12,321 00 $ 17,390 00 $ 19,240 00 7 1780 SY Concrete Forebays $ 55,002 00 $ 69,420 00 $ 80,100 00 8 200 CY PVC Coated 3' x 3' Box Gabion $ 26,250 00 $ 25,000 00 $ 33,000 00 9 1 EA Junction Box (10' x 6' x 7 5') $ 3,78000 $ 10,000 00 $ 12,000 00 101 1 EA Headwall $ 75000 $ 65000 $ 2,50000 111 2 LF Cast in Place 3' x 3' Box Culvert $ 30000 $ 50000 $ 4,00000 121 5 LF Cast in Place 4' x 4' Box Culvert $ 1,00000 $ 1,50000 $ 10,000 00 Project Total Cost MATERIALS LABOR TOTAL $ 279,051 58 $ 386,960 00 $ 465,190 00 BID BOND yes yes yes DELIVERY 3 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creek Regional Detention Pond #1 July 11, 2001 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 21" day of August A D , 2001, 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 P 0 Box 1781 Denton, TX 76202 of the City of Denton County of Denton and State of Texas hereinafter termed "CONTRACTOR " WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below Bid #2700 Concrete Flatwork For Cooper Creek Regional Detention Pond #1 in the amount of $279, 051 58 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 89 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creek Regional Detention Pond #1 July 11, 2001 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 VIr Concrete Flatwork Bid # 2700 For Cooper Creek Regional Detention Pond # 1 CITY OF DENTON July 11, 2001 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST 1 ATTEST EPWAR {►2 LAwl OWNER Im (SEAL) _ Floyd Smith Concrete Inc. CONTRACTOR P.O. Box 1781 Denton, TX 76202 CA-3 MAILING ADDRESS 940-565-0114 PHONE NUMBER 940-565-0114 AXNUMB VD .:►. Ii�_ I,�� • ��. Floyd Smith PRINTED NAME (SEAL) 91 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creek Regional Detention Pond # I July 11, 2001 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON Floyd Smith Concrete Inc. KNOW ALL MEN BY THESE PRESENTS That whose address is P.O. Box 1781 Denton, TX 76202 hereinafter called Principal, and a corporation organized and existing under the laws of the State of TNC , 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 T s, hereinafter called Owner, in the penal sum ofnaw d / 1pmn sFOFaTynUN THnu nnip F/FrV i5 LLARS ($ .2 7q1 p6�Z ) plus ten percent 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 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 2001-289, with the City of Denton, the Owner, dated the 21s1 day of August A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2700 Concrete Flatwork For Cooper Creek Regional Detention Pond #1 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 PB-1 92 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creek Regional Detention Pond #1 July 11, 2001 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 _Aq_ copies, each one of which shall be deemed an original, this the J_L_day of cSX,T, o700 / ATTEST PRINCIPAL D � � Floyd Smith ncrete Inc. BY 1 SECRETARY By D T ATTEST SURETY fhe Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS % _?.' c fi A 0�cw7-,,4ti/ T X 7(o-20.5" (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB-2 93 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creek Regional Detention Pond # 1 July 11, 2001 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON Floyd Smith Concredt Inc. KNOW ALL MEN BY THESE PRESENTS That whose a ress is P.O.Box 1781 Denton,TX hereinafter called Principal, and 1.Nj&AmE/ZIPxJ a corporation organized and existing under the laws of the State of _(-y__, 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 T n r/i .�netn � *� /�ays 7//a[y+unflFiY K179 - Z 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 2001-289, with the City of Denton, the Owner, dated the 21't day of August A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid #2700 Concrete Flatwork For Cooper Creek Regional Detention Pond #1 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 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 PB-3 94 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creek Regional Detention Pond #1 July 11, 2001 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 surety, 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 0�,E�j,� ATTEST PRINCIPAL BY aA�� Floyd smith Con rete Inc. SECRETARY BY P ATTEST SURETY /o&IIJAOI;OY (:&&71/ OF /�%mE21Cfi BY BY ATTO E -IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis NAME STREET ADDRESS ff.20 of 3 S Ste, 4 6610,-DNS 1 c 71(fo205- (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) 95 UN - Z E SAL _ I ; _ -I P,O, Box' AL POW I Agency Information 4216179 I_ RAMEY & K11102111SWNCE Snow All D sunder the laws and appoint C J i Of po1BAyo, nd authors inents of si sunds were s heatifying is tinue in for ` reon adopted It Resolves foon behavested with llf o SOLVED byimile to an biupon the c itness RE Ayo, State of Texas I ' County of Hai i On this 31 appeared Rol President, on I I, the undersil correct copy of Attorney is still 1 GIVEN µrider m ` Form F6092 5R epents, That U11II if Takf(s, and li&mg 'SURETY ETY OF AMERICA 088 • Housbon, Texas 77251.1068 It 8F AT�RRNEY - CERTIFIED COPY ! I GPA# II5 060985216 —=�r--� iaER$AL SURETY OF AMERICA, a corporation duly organized and existing its nrincioal office m Houston, Texas, does by these presents make, constitute ai YfiM]1LLER!- JAMES E KING KING i, li I •II ! and State of TEAS its true and lawful Attorney(s)•imFact with full t jiei by coftfercad to -Sig §ealiand execute for and on its behalf bonds, undertakings and other obligatory tor} i' n�tuils i S in Wilimitp 'amounts -'and to bind the Company thereby as fully and to the same extent as if i 04y, the,President, eealed w. #h-toe corporate seal of the Company and duly attested by its Secretary, an .confirming all that the -said Attorneys) -in -Fact may do within the Stated limitations, and such authority r e until I 11715/,2005 �, Said appointment is made under and by authority of the following Iing oat'd qf-1�trectcrs of U1144sall Suroty pf America at a meeting held on the lath day of July, 1984 d, tl&a ,the Presidep4 elxd any Vic -Preasdent, Secretary or any Assistant Secretary shall be and is hereby er and;aiithority to appoint a.>}y_-one`or more suitable persons as Attorney(s)-in-Fact to represent and act f the GPmp"y " , _ _ i I - , f i_-' 1 i il` I th ,I 6s sigaafure,of'any, offiogr,Of the corporation, and the seal of the corporation may be affixed or prints y older of attorney of the corporation, land that such printed faceunde Signature and seal shall be valid and o poration"�'t I r r W eaof, Ilitiversal Surety i of America has caused these presents to be signed by its President, an itsiooiQ ate aseal to be hereto, affixed this Slat day of December, A D , 1999 Ii' I '—I I 0 PETy UNIVERSAL ETY OF ICA Robert E yo President - I J-41 1 i_ 1 ay oflDecember, is the yeah of_1999, before me Pamela J Scullion, a notary public, personally 't, B.lr - f the oerso?bor allyio ,known,{o' bd,aud acknowel to be the ledged to me that t e corporation erson who executed the nexecuted it instrument as alf of the optporation� Herein naln Q,.� PAMELA.! SCULLION 'MyjCOMMISSION EXPIRES i 7 ' I July 12 2003 I �.1, - Notary Public ' _tl l ' •i Led Secretary of Universal Surety, of America, hereby certify that the above and foregoing is a full, true and th Or}ginal laower of t�ttorney fes�ied by said Company, and do hereby further certify that the said Power of n effect , i I ��p - y iod and the, seal of said company, at Houston, Texas, this day of Assistant Secretary � Any inatrument,iesued in excess of the penalty stated above is totally void and without any validity For verification of the a{itKority of this, power you may telephone (713) 722.4600 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creel Regional Detention Pond #1 July 11, 2001 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 00 Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers 00 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 96 Concrete Flatwork Bid # 2700 For Cooper Creek Regional Detention Pond # 1 CITY OF DENTON July Il 2001 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. "$AID POLICYSHALL NOT BE CANCELLED, NONRENEWED OR MATER)ALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITI9 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 [XI 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 97 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creek Regional Detention Pond 01 July 11, 2001 Coverage B shall include personal injury Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [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 98 Concrete Flatwork Bid # 2700 For Cooper Creek Regional Detention Pond #1 CITY OF DENTON July 11, 2001 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 99 Concrete Flatwork Bid # 2700 For Cooper Creek Regional Detention Pond #1 ATTACHMENT CITY OF DENTON July 11, 2001 [XI 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 401011(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 100 Concrete Flatwork Bid # 2700 For Cooper Creek Regional Detention Pond #1 CITY OF DENTON July 11, 2001 (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, 101 Concrete Flatwork Bid # 2700 CITY OF DENTON For Cooper Creek Regional Detention Pond #1 July 11, 2001 (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 2700 — Concrete Flatwork For Cooper Creek Regional Detention Pond 41 102 (WAIIStatea You no in good hands CERTIFICATE OF INSURANCE ALLSTATE INSURANCE CO ALLSTATE INDEMNITY CO _AI LSTATF LLOYD S TAW rauTIMCATE. Ia ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER PHIS Denton, TX 6201 Denton, Ix 762ut This is to certify that policies of insurance listed below have been leaned to the neared named above anbject to the expiration date indicated below, notwithstanding any requirement, term condition of any contract or other document with respect to which this certificate my be issued or may pertain The insurance afforded by the policies dembed herem is subject to all the terms, exclusions and conditions of such policies TYPE OF INSURANCE AND LIMITS COMMERCIAL GENERAL LIABILITY Policy Effective Expiration Number Date Date LIMN _. Amount Personal and Advertising hijury Lind a Each Occurrence Limit $ Physical Damage Lumt $ Medical Expense Limn $ u�•'•.,.. • LIABILITY ------ -' BODILY INJURY BY DISEASE $ EACH EMPLOYEE BODILY INJURY BY DISEASE $ POLICY LIMIT AUTOMOBILE LIABILITY Policy Effective Expiration Numbm 649559731 Date 06/11/01 Date06/11/02 SPECIFIED AUTOS X_NON-OWNED AUTOS _OWNED PRIVATE PASSENGER AUTOS _OWNED AUTOS OTHER THAN PRIVATE PASSENGER Combined Sin& Limit ofLlabiUty BODILY INJURY A PROPERTY DAMAGE $ 1,000,000 EACH ACCIDENT Spat Liati ty Rmits BodEy Injury Property Damage Each $ $ $ $ $ $ UMBRELLA LIABILITY Policy Effective Expiration Number Date Date EACH OCCURRENCE GENERAL AFFREOATE PRODUCTS -COMPLETED OPERATIONS AGGREGATE OTHER (Show Policy Effective Expiration Type of Policy) Number Date Data DESCRIPTION OF OPERATIONS/LOCATIONS/RESTREICTIONS/SPECIAL ITEMS Concrete Fletwork Bid #2700 City of Denton For Cooper CreekRaql2wd.Vti�ve& enuon Pond #*Dat CANCELLATION Number of days niotice_ Authors d G52-2 b F,i' 28 01 (FR1) 13 8 CITY OF DENTON PURCHASING 940 3349 7302 PAGE 2/2 te, F61ZI101 IOND HAD PM TO: City of Denton B 348-7302 Peen: 002-002 ACOR CERTIFICATE OF LIABILITY INSURANCE o9/27/" 2001 PRMUCIRL, (940)3 -9 FAX (940)248-1050 Ramey Jd King Insurance $30 South I-3511, Suite A THIN CERTIFICATE 10 ISSUED AS A MATTER OF INFUMINATIGIN ONLY AND CONFERB NO RIGHTS UPON THE CERTIFICATE COVERAGE AFFORRDEDOED BY THiEPOLMEXTEND ALTER THTHIS BELOW INSURERS AFFORDING COVERAGE Benton, TX 76205-7829 Rwuneo Floyd Wth,Conc-r`atie-,-IRc _ F o Box 1761 PdaMFRA Trin9ty Universal _ NGLAIER0 Texas Mutual Ins Co wSLAAERC _ Denton, TX 76201 NSURER D INSURER E V V •YMYYY THE POLICIES OF INSURANCE LISTED BELOW WAVS OPEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATRD NOTWITHSTANDING - ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSU S AFFORDED BY THE POLICIES DESCRIBED HERRIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AOOREGAT6 LI IT8 SHOWN MAY HAVE BEEN REDUCED BY PAMD CLAIMS TYPE OF vwmtiam POLICY NLRiW L LAMS A 46NMM UABLm X LOMMEHLIALUEMEH LIABILITY ILAN$MADE I X IOCCUR XP1040045 0191ZMS12001 09/28/2002 EADNOCCURA04CE 2 1 000 FIItbLMAN6EIAYdn•hr•) NEDEKP(A@PR•W.1) i 100 f — S $ 1 000, D PERSONAL L ADV INJURY GFNFRN ARON_FC.ATF S 2.000,000 GENL AOGREGATE LIMIT APPI IES PFR POLICY % - LOC PRODUCTS COMNOPAGG$ 2 000 000 AUTOMOBILE LIABILITY MAY AUTO ALL OWNED AUfOS SCNEOUI 6D AUTOS HRED AUTOB NONJWNED AVIOS COMBINED SINGLE LIMIT (EA AdNGMAI IBPODIoa�.NJURY f S SODA Y INJURY (Per xaltlaN) S PROPERrY DAMAGE (Px AAdd•N) S ^ OARADE LMBILMY ANY AUTO AUTOOJLY EAACCIDFNT S OTHERTHAN EA ACC AUTO ONLY A00 $ y EXCESS LIAMLT' OCrUR CLAIMS MADE nFnl,rnR F RFiENTION S EACH OrCURPENCP f AGGREGATE S �� _ ; T B WORKORSCOMPONSATM)MAND OMPLOYEAr LIASLTIY TSFOOO1082227 09/28/2001 09/29/2002 Ln B1 lvdR' f 100 EL EACHArCIDENT EL DISEASE EAEMPLOYE f 500 EL DISEASE POLICYLIMIT 14 100 OTHER W po N9 EC NOFOPEM7 OPA LEWKC�al Haut on Genera Liability articate holder s OSAG as it aver of Subrogation is issued in favor of certificate holder on Workers Compensation City of Denton $91 B Texas St Denton, TX 78201 SHOULD ANY OF THE ABOVE DBSCPIBBO POLICIES BE CANCELLED BEFORE THE IKREMTION DATI THEREOF THB IUUNG COMPAW VAL ENDEAVOR TO MAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE KOLm NAM®To THE LEFT SUr FAILURE TO MAIL SUCH NOTICE SHALL IAPOFE No CALIGATION OR LWNLRY Cdncrete Flatwork Bid # 2700 For Cooper Creek Regional Detention Pond #1 CITY OF DENTON July 11, 2001 CONTRACT DOCUMENTS Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid # 2700) and For Concrete Flatwork For Cooper Creek Regional Detention Pond #1, work, and having examined the premises and circumstances affecting the work, the undersigned offer OFFER 1 To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Cooper Creek Concrete Flatwork For Regional Detention for the following area BASE BID - Cooper Creek Concrete Flatwork For Regional Detention Pond #1 In wordsWo hundred seventy nine thousand fifty-one & 58/100 dollars $ 279,051.58 Concrete Flatwork For Cooper Creek Regional Detention Pond #1 WORKDAYS 40 Days BID TABULATION SHEET Concrete Diversion Channel 1450 SY $ 31.50 /SY $ 45,675.00 UmtPnce m Words Thirty one and 50/100 dollars Concrete RetauungWall j CY $484.08/CY $ 12,586.08 Umt Pnce m WordsFour hundred eighty four and 08/100 dollars Concrete Pilot Channel 2450 SY $ 31.95 /SY $ 78,277.50 Umt Pnce m WordsM ilrty one and 95/100 dollars Concrete Overflow Flume 1400 SY $ 28.80 /SY $ 40, 320.00 Umt Pnce m Words.T,enty eight an 80/100 dollars Concrete Slope Flumes 100 1 SY $ 27.90 /SY $ 2,790.00 Umt Pnce in WordsUenty seven an 90/100 dollars Concrete Maintenance Ramps 370 SY $ 33.30 /SY $ 12, 321.00 Umt Pnce m Words'Iturty three an 30/100 dollars Concrete Forebays 1780 Sy $ 30.90 /Sy $ 55, 002.00 Umt Pnce in Words Arty and 90/1 0 dollars PVC Coated 3' x 3' Box Gabion 200 CY $ 131.25 /Cy $ 26,250 00 — 77 Concrete Flatwork Bid # 2700 For Cooper Creek Regional Detention Pond # 1 CITY OF DENTON July 11, 2001 UmtPnce m Words One hundred th rty one and 25/100 dollars Junction Box (10' x 6' x 7 5') 1 1 Ea $3, 780.00(Ea $ 32780.00 Unit Price in Words Three thousand even hundred eighty and 00/100 dollars Headwall 1 I Ea 1 $ 750.OdEa $ 750.00 UmtPncein Words Seven hundred fifty and 00/100 dollars Cast er Place 3' x 3' Box Culvert 2 Lf $ 150.00'Lf $ 300.00 Unit Price in Words One hundred fif y and 00/100 dollars Cast m Place 4' x 4' Box Culvert 5 Lf $ 200.00/Lf $ 1.000.00 Umt Pnce m Words Two hundred an 00/100 dollars MATERIALS TOTAL Project Total Cost = $ 279,051.58 $ 167,430.58 $ 111,621.00 $ 279,051.58 EXAMINATION OF SITE By signing the Proposal Form, contractor acknowledges he is an authorized representative and has examined the site and is aware of all field conditions, which may affect the work TAXES Tax shall not be included in your bid Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED and TEN PERCENT (110%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner 78