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Home My WebLink About2000-332ORDINANCE NOy W-9V AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING TWO PUBLIC WORKS CONTRACTS FOR THE CONSTRUCTION OF PRE- ENGINEERED/PREFABRICATED METAL BUILDING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2561—METAL BUILDINGS AND "T" SHED ITEM 1 AND 3 AWARDED AS LISTED BELOW TOTAL EXPENDITURE $42,796 00) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordmance$, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", 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 ITEM 2561 1,3 CONTRACTOR Wayne Allen Construction AMOUNT $42,796 00 EC} TION II That the acceptance and approval of the above competitive sealed bid 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 Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �Il� �-/( day of J0r,&2' 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM HERBERT L 1 WUTY, CITY ATTORNEY BY BID 2171- PUBLI WO CO CTUAL ORDINANCE 9 00 ATTACHMENT TABULATION SHEET Bid # 2561 Date 9/5/00 METAL BUILDINGS AND "T" SHED No 4tY WOMPTION V NDOR VENDOR VENDOR V�BNDOR Wayne Allen Tim Beatty DBR Davis &Hawkins Construction Construction Principle Place of Business Denton, TX Denton, TX Denton, TX Ft Worth,TX 24' X 38' PRE -FABRICATED METAL BUILDING FOR $10,248 00 $16,940 00 $12,575 00 $12,091 00 PALLETIZED CONCRETE 1 STORAGE 1 50' X 100' X 20' PRE -FABRICATED METAL BUILDING FOR COMPOST $45,132 00 $62,301 00 $42,228 00 $53,061 00 2 PRODUCTION & STORAGE 1 168' X 40' X 2Y 7' SHED FOR $29,408 00 $47,823 00 $35,577 00 $29,989 00 BULK ITEMS STORAGE 3 EA DEDUCT FOR EACH 24' SECTION $2 829 00 $3,232 00 $3,900 00 $2,094 00 DELETED FROM ITEM 3 4 EA ADD FOR EACH 24' SECTION $3,140 00 $3,812 00 $4,376 00 $4,189 00 ADDED TO ITEM 3 5 COMPLETION DATE 8-10 Weeks 60 Days 60 Days 90 Days CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this day of Octnher A D , 2000, by and between of the County of �ENTQN — and State of Texas, acting through _,,,, tP� thereunto duly authorized so to o, Micha. hereinafter termed "OWNER," and Denton, TX:76201 of the City of pentnn County of t�rntnn and State of T ins ,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 in the amount of $57 5% on 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, CA-1 and the Specifications therefore, as prepared by city of Denton all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withhold they City security taxes, vacation or sick leave benefits, worker's compensation, or any 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 Denton, the at ac ed his designee tions at the this general direction of the City Manager of the City of 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 cost defend and protect the City of Denton against any and all such clams andnce of this Agreement, and Contractor will, atits demands and expense, 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 ce to rk for fo thin tstart of work he time stated n the Proposal, ubject toset forth in written isuch extensionseof time work asdare providedlete lbythe General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown Iin 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 APPROVED AS TO FORM CITY ATTORNEY (SEAL) CONTRACTOR WAYNE 0 ALLEN PRESIDENT WAYNE ALLEN CONSTRUCTION CO , INC 100 N LOCUST, SUITE 1 DENTON TX 76201 MAILING ADDRESS „�� ccc_tg19 PHONE NUMBER 940-891-1082 FAX MBER By TIT E CA-3 (SEAL) PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS That WJM Allan COmtnr-t')t Co f Itr- whose address is 100 N Locust Suite 1 uencon ,A hereinafter called Principal, and J - tern Surety Company - a corporation organized and existing under the laws of the State of South Dakota 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 �� er t eAla«w o fch State of Texas, hereinafter called Owner, in the penal sum of �,X a d SUM, ($ 57,556.00 ) 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 he 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 2000-332 A D with the City of Denton, the Owner, dated the 3rd day of October 2000 , A Copy of which is hereto attached and made a part hereof, for Bid #2561 -Metal Buildings "T" Shed (Items i and 3) NOW, THEREFORE, if the Prini-ipal shall well, truly and faithfully perform And fulfill All of the undertaking,,, covenants, terms, conditions and agreements of said Contract in dc.c.orddnc.e with the Plans, Specifications and Contract DoLuments during the original term thereof and any extension thereof which may be granted by the Owner, with of without none 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 aLceptanc.e 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 wo 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 he void otherwise, it shall remain in full force and effect PB - I PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall tie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value re.eaved, 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 espies, eachoneof which shall be deemed an original, this the 3rd day of October ATTEST BY S CR RY ATTEST PRINCIPAL Wayne llen Construction Co , Inc BY IDFNT SURETY Western Surety Company BY BY 40V EY- NVAC Michael P Whisenant The Resident Agent of the Surety in Denton County, Texas for delivery of noticee and servn.E of the process is NAME TCr Insurance Services, Inc STREET ADDRESS 1O0 West Oak, Suite 316 Denton, TX 76201 (NOTE Date of Performance Bond must be elate of Cuntratt Ij Resident Agent is not a (orporation, give a person's name) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That *1m AUm Comb"Et'22 CD ' Inc whose addresses 100 N Locust Suite 1 Denton 2. TX 76201 hereinafter called Principal, and Western Surety Company a corporation organized and existing under the laws of the State of South Dakota , and filly authorized to transact baseness In the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and extstmg 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 Fifty-S� Smussrd, Five � ��"S"{ & m/100 --DOLLARS ($_ to, in h in lawful money of the United States, to be paid m Denton, County, Texas, for the $57payneent of which sum well and truly to be made, we hereby bend ourselves, our hers, 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 moreams 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 follow% Whereas, the Principal entered into a certain Contract, identified by Ordmance Number 2000-332, with the City of Denton, the Owner, dated the 3rd day of October A D 2 DO , a copy of which is hereto attached and made a part hereof, for Bid #2561 - Metal Buildings "T" Shed (Items I and 3) NOW, THEREROREolall el'ronspal firms, well, truly and subcontractors, corps rlatiom and cla merform its uants and make prompt pay P supplying labor and/or material in the prosecution of the Work provided for in %aid Contract and any and all duly authorized modifications Of said Contract that may hcrcatter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall he 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 he in Denton County, Texas AND PROVIDED CURTHER, that the said Surety, for value recctved, 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, ;IwLitiLations, Drawings, etc accompanying the same, shall in anywise affect its obligation on this Bond and it does hereby waive nonce 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 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 Denttm County to whom any requisite notices may be delivered and on rs arising out of such ship, as provided Article homservice of process may be had in l9-1 of thee insurance Code, Vernon's Annotated Civil Statutes of the State of Texas y IN WITNESS WHEREOF, this instrument is executed in 4 copies, eac00h one of which shall be deemed an original, this the 3rd day of October ATTEST BY S RE ARY ATTEST BY —)aAL-� PRINCIPAL Wayne A len Cons//t��ruction BY Gl��---- PRES ENT SURETY Western Surety Co aann BY U' A ORN14.Y-IN-FACT Michael P Whisenant I'he Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME mr Tna„ranrA Sarvices. Inc %I REET ADDRESS 100 West Oak, Suite 316, Denton, Tx 76201 (NOTE Date of payment Bond must be date of Contract if Resident Agent is not a uirp(ration, give a person's name ) ODI Western SuretY Company POWER OF ATTORNEY CERTIFIED COPY Bond No _ 22501906_ Know All Men By These Presents that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls South Dakota (theCompany') does by these presents make constitute and appoint 141ChaeL P. _9hise_nant— ct, with full power and authority hereby conferred to execute acknowledge and deliver for and on its true and lawful attorney(s) in fa its behalf as Surety, bonds for Principal Wayne Allen Construction Co , Inc Obligee City of Denton, TX Amount $63,311 60 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 and duly attested by its Secretary hereby ratifying and confirming all that the said attorney(s) in fact corporate seal of the Companylimitations Said appointment to made under and by authority of the following bylaw of Western may do within the above stated a Surety Company which remains in full force and effect in the ' Section 7 All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation or any Vice President oreshall be by such corporate name of the Company by the President Secretary, any Assistant Secretary, other officers as the Board of Directors may authorize The President, any Vice President Secretary any Assistant Secretary or the to sue the ngs in the name of surerCompmay The corporate eoaliie nottneceor asary for the ents who shall validity of any bondsiapolicies dundertakiings, Powor ers oif Attorney or other obligations of the corporation The signature of any ouch officer and the corporate seal may be printed by facsimile' All authority hereby conferred shall expire and terminate without notice, unless used before midnight of — December 3 _ 2000 — but until such time shall be irrevocable and in full force and effect In Witness Whereof Western Surety Company has caused these presents to besignedby its President, Stephen T Pate and its corporate_s��J Mogpkffixed this —_ 3 rd_ day of —October— WESTER SURETY COY T__ Stephen T Pate President w 3Th��Sds �� " dTA l 188 COUNa 1� ��p ;AH!"1 On this — 3 rd _ day of --- October _ _, m the year — 2 0 g,d that he signed he above before me, a notary public personally appeared Stephen T Pate who being to me duly sworn acknowl WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation torney as the said officer of Notary ry J MOHR — - 000 Public South Dakota /��NOTARY PUBLIC L 8gUTH DAKOTA My Commission Expires 30 22 2008h` the undersigned officer of ny, a stock corporation of the State of South Dakota do hereby certify that the I Western Surety Camps attached Power of Attorney is in full force and effect and is Section 7 of the bylaws of the Compa irrevocable and furthermore that ny as set forth in the Power of Attorney is now in force 3 rd _ day of In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this — — October _ --- WESTER S RETY COM N Stephen T Pate, President Form F530a 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 clarificatiion of any insurance requirements at any time, however, Contractors are strongly advised tp 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 and sigany ned b until the Coro he receives notification that the contract has been accepted, approved,g Y City f nton 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 WITHOUTMATERIALLY CHANGE TEN NOTICE BEING GIVEN TOTHE OWNER (CITY) EXCEPT WHEN THE THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" IN • 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 ansmg 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 %5_00,00 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 (XCI) 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 %100,000 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 ansmg 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) [ ] Ovyner'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 anse 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 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 401011(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 carver 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 2561 Metal Budding "T' Shed (Item I & 3) CONTRACT & BOND & INS — 10 2000 (Revised) BiD NUMBER 2561 BIDPROPOSALS PAGE 2 OF 2 City of Dorton, Tem "1-8 Texaa Street Purcbaeine Department Dorton, Texas 76201 1 24' x 36' Pre -Fabricated Metal Budding 1 $ $ 10,248 for palletized Concrete Storage -2— 50' x 100' x 20' Pre -Fabricated Metal Building 1 $ $ 45,132 for compost production and storage 3 168' x 40' x 20' "T" Shed 1 $ $ 29,408 for bulk items storage 4 I Deduct for each 24' section deleted from Item 3 I Each I $ I $ (2, 829 ) 5 I Add for each 24' section added to Item 3 I Each I $ I $ 3,140 NOTE (1) By signing and submitting this bid proposal, the bidder certifies that all items bid meet or exceed MBMA standards, all applicable budding codes, and engineering requirements NOTE (2) Requests for Clartfication(s) to be directed to Tom Shaw at the telephone mmlber(s) and address shown on the Bid Invitation Needed addendurn(s) can be issued until 5 days prior to the Bid Opening We quote the above f o b deavered to Denton, Taxes shipment can be made mt-10 W kS . K#J( from rccmpt of order Terms neH30 unless other odw;ated In mboumng the above bid, the vendor agrem tlmt accepmrce of any or all bid gems by the City of Denton Texas whim a reason" period of nine commums a contract The complete Bad Pmpmd must be properly priced, aigrad, and mlumed 100 N. Locust, Suite 1 Mailing Address Denton TX 76201 City 0 (940) 566-1819 (940) 891-1082 Telephone Pax Number Bid 2361IMetei Budding$ a T abed / Wayne Allen Construction Co., Inc. �11// _ =-PRO Signature Wayne 0 Allen PruWTM Name President Title ADDENDUM 1 BID 2561 Specifications, terms, and/or conditions for the referenced bid are revised as follows: Bid Item 1 24' x 36' x 10' Buildm$ Section 4 Add Roof slope 1 12 Bid Item 2 50' x 100' x 20' Building Section 10 Add Doors to be roll -up or slider Section 12 Add Insulation to be spray -on polyurethane or PSK reinforced vinyl back blanket Section 13 Add. Turbine type, 12" ventilators 8 ea evenly spread Reference to Foundation for Bid Items 1.2 and 3 is revised to read: Bidder is responsible for design of anchor bolts and proper installation in slab Foundation/slab will be bid at a later date pending receipt of current onstte soil testing and engineer's foundation design Building contractor is not responsible for foundation/slab design or installation under this bid endum 1 by signing this sheet and Wayne Allen Construction Co , Inc Company BID NUMBER 2561 BIDPROPOSALS PAGE 2 OF 2 City of Denton, Texas 901-B Tens Street Purd iad" Department Denton, Texas 76201 1 24' x 36' Pre -Fabricated Metal Building 1 $ $ 10,248 for palletized Concrete Storage 7- 50' x 100' x 20' Pre -Fabricated Metal Building 1 $ $ 45,132 for compost production and storage 3 168' x 40' x 20' "T" Shed 1 $ $ 29,408 for bulk items storage 4 Deduct for each 24' section deleted from Item 3 Each $ $ (2,829) 5 Add for each 24' section added to Item 3 Each $ $ 3,140 NOTE (1) By signing and submittuig flue bid proposal, the bidder certifies that all items bid meet or exceed MBMA standards, all applicable building codes, and engineering requirements NOTE (2) Requests for Clanfication(s) to be directed to Tom Shaw at the telephone number(s) and address shown on the Bid Invitation Needed addendlun(s) can be issued until 5 days prior to the Bid Opening We quote the above t o It delivered to Deafen, Texas Shipment can be mae m 8-10 W kS . Y*K from mcmpt of order Terms neU30 unless otlierwse indicated In submnumg the above bad, the vendor egress that accepance of any or all bid items by the City of Denton, Texas within a reasonable period of rime commutes a contract The complete Bid Proposal must be property priced, signed, and returned 100 N Locust, Suite 1 Melling Address Denton TX 76201 City state Zip (940) 566-1819 (940) 891-1082 Telephone Fax Number Bid 2561IMeal Buildings k T shed Wayne Allen Construction Co., Inc. IAV&dM&g =Ker sigusum 0. Allen Pnm/type Name President Tole nl,,,..FM zanna LMe\'Ally 31 AcoR . CERTIFICATE OF LIABILITY INSURANCE io�i2/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Higginbotham & Assoc , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DBA Denton Insurance Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P 0 Drawer C Denton, TX 76202 INSURERS AFFORDING COVERAGE INSURED - INSURER EVANSTON INSURANCE COMPANY Wayne Allen Const Co INSURERS HARTFORD INSURANCE GROUP 100 N Locust, Suite 1 INSURERC Denton, TX 76201 INSURER _ INSURER E n^WMMAn_vc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS HERTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PpLICY EXPIRATION TRDATE IMWODfYy) A GENERAL LIABILITY CL421900147 09/15/00 09/15/01 EACH OCCURRENCE _ S11000, OOO FIRE DAMAGE (Any one fire) GENERAL LIARILRY $ 50,000 MED EXP (Any one Person)_ _X IIIC_OMMERCIAL 1 CLAIMS MADE 111 OCCUR $ _ 5,000 PERSONAL B ADV INJURY $1 000, 000- j_ GENERAL_ AGGREGATE $�2 0 0 0, 0 0 0 _ GENT L AGGREGATE LIMITAPPLIES PER PRODUCTS COMP/OP AGG $� OOO, OOO POLICY PRO LOC B i AUTOMOBILE LIABILITY 46UECFJ5271 03/18/00 03/18/01 COMBINED SINGLE LIMIT $1, 000, 000 ANY AUTO (Ea accident) - BODILY INJURY (Per Person) ALL OWNED AUTOS $ X SCHEDULED AUTOS - X I HIRED AUTOS BODILY INJURY $ X I NON OWNED AUTOS (Per accident) - t PROPERTY DAMAGE $ (Per accident) LIABILITY AUTOONLY EAACCIDENT_ $ _GARAGE ANY AUTO OTHER THAN EA ACC $ _ AUTO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE _$ _ OCCUR CLAIMS MADE AGGREGATE _ $ - $- rI DEDUCTIBLE $- - RETENTION $ $ WC STATU OTH WORKERS COMPENSATION AND iTORY_LIMITS ER_ — - EMPLOYERS LIABILITY EL EACH ACCIDENT $ EL DISEASE_EA EMPLOYEE $ _ E L DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLE&/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Bid #2561 - Metal Building 'IT" Shed (Items 1 & 3) City of Denton, Its officials, agents, employees and volunteers are named as Additional Insured on the General Liability Policy Cancellation Clause is amended to read Policies shall not be Cancelled, (See Attached Descriptions) City of Denton Attn Purchasing Dept 901-B Texas Street Denton, TX 76201 SHOULD ANYOFTH E ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3_0_ _ DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY MIND UPON THE INSURER ITS AGENTS OR 25 S (7/97) 1. of 3 9288/M49285 MYA N ACORD CORPORATION 198E 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 ACORD25S(7/87)2 of 3 #S49288/M49285 DESCRIPTIONS (Continued from Page 1) NonrE to tk writt AMs 253(07/97) 3 of 3 #549288 M49285 ACORD„ CERTIFICATE OF LIABILITY INSURANCE 10/16/2000 PRODUCER (972)455-2 00 FAX (972)960-7410 TCT Insurance Services, Inc LD 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 12660 Colt Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE Suite 200 Dallas, TX 75251 INSURED Wayne Allen Const Co Inc INSURER Texas Workers Comp Ins Fund 100 N Locust, Suite I INSURER NSUREftC Denton, TX 76201 INSURER D INSURER E novFRAC-PA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS SR T TYPE OF INSURANCE POLICY NUMBER POLICYMMFE07POLICY DA /D NY EXPIRATION DATE / LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) S MED EXP (Any one person) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEN L AGGREGATE LIMIT APPLIES PER POLICY PRO LOC PRODUCTS COMPIOPAGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COMBINED SINGLE LIMIT (Ea acciUenU $ BODILY INJURY (Per person), S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acatlent) $ GARAGE LABILITY ANY AUTO AUTOONLY EAACCIDENT $ OTHER THAN EAACC AUTO ONLY AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ S $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY 1009086 03/19/2000 03/19/2001 X I TOftYLIMITs I I ER EL EACH ACCIDENT $ S00,000 E L DISEASE EA EMPLOYEE $ 500,000 E L DISEASE POLICY LIMIT $ S00,000 OTHER DE CRIPTION OF OPERATIONS/LOCATI NSNEHICLE�IEXCLUSI NS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS e Bid 2561-Metal B�dg - "T' Sh4l(Items 1 and 3) Waiver of Subrogation in favor of City of Denton, Its officials, agents, employees and volunteers CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETTER CANCELLATION City of Denton Purchasing Dept 901-B TexasiSt Denton, TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAILSUCHNOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPOWr E fOMPANY ITS AGENTS OR REPRESENTATIVES AUTHORIZED REP SE 1YE _ ,110_11sr FAX (940)349-7302